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2004 05-04 CC AGENDA PKT
Agenda Of A Regular Meeting National City City Council Council Chambers Civic Center 1243 National City Boulevard Regular Meeting - Tuesday — May 4, 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 by Mayor Nick Inzunza Approval of the minutes of the Adjourned Regular Meeting of March 13, 2004, Adjourned Regular Meeting of March 23, 2004 (10:00 a.m.), Adjourned Regular Meeting of March 23, 2004 (3:00 p.m.), Special Meeting of April 6, 2004, Regular Meeting of April 6, 2004, Adjourned Regular Meeting of April 20, 2004, and Regular Meeting of April 20, 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 5/4/04 PAGE 2 PRESENTATION Presentation to Senior Assistant City Attorney Rudolf Hradecky of the "Most Valuable Attorney" award by the San Diego County City Attorney's Association. PROCLAMATIONS Proclaiming Thursday, April 22, 2004 as: "PARADISE VALLEY HOSPITAL DAY" Proclaiming Friday, April 23, 2004 as: "FILIPINO-AMERICAN CHAMBER OF COMMERCE DAY" Proclaiming Wednesday, April 5, 2004 as: "PEACE OFFICERS MEMORIAL 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). Resolution authorizing the Director of Public Works/Engineering to establish a blue curb handicap parking space at 1625 Harding Avenue. (G. Sandoval, TSC Item 2004-13) (Public Works/Engineering) 3. Resolution authorizing the Director of Public Works/Engineering to establish a "No Parking" zone at the east driveway at 2720 Plaza Boulevard. (R. Jacobs, TSC Item No. 2004-14) (Public Works/Engineering) COUNCIL AGENDA 5/4/04 PAGE 3 CONSENT CALENDAR (Cont.) 4. Resolution authorizing the Director of Public Works/Engineering to establish "No Parking" zones south of the driveway at 1506 L Avenue. (G. Jarsulic, TSC Item No. 2004-15) (Public Works/Engineering) 5. Resolution authorizing the Director of Public Works/Engineering to establish a red "No Parking" zone on the northeast and southeast corner of Wilson Avenue and 19th Street. (L. Aguirre, TSC Item No. 2004-19) (Public Works/Engineering) 6. Resolution adopting Council Policy, "National City Street Banner Program." (Public Works/Engineering) 7. Resolution directing the preparation of the report required by Government Code Section 5473 and authorizing the Mayor to enter into an Agreement with PBS&J to provide on -going sewer bill/tax roll administration and any as -needed financial services for sewer rate analysis for Fiscal Year 2004-05. (Public Works/Engineering) 8. Resolution of the City Council of the City of National City authorizing the Mayor to implement the Multi -Hazard Mitigation Plan. (Fire) 9. Notice of Decision — Approval of a Conditional Use Permit for the expansion of the Jollibee fast food restaurant in Plaza Square shopping center at 1401 Plaza Boulevard. (Applicant: FastTrac Solutions) (Case File No.: CUP-2004-08) (Planning) 10. WARRANT REGISTER NO. 40 (Finance) Ratification of Demands in the amount of $110,242.55. COUNCIL AGENDA 5/4/04 PAGE 4 CONSENT CALENDAR (Cont.) 11. WARRANT REGISTER NO. 41 (Finance) Ratification of Demands in the amount of $1,203,302.84. 12. WARRANT REGISTER NO. 42 (Finance) Ratification of Demands in the amount of $324,045.68. 13. Claim for Damages: Angie Pantoja (City Clerk) 14. Claim for Damages: Antonietta C. Ladao (City Clerk) 15. Claim for Damages: Apolina Piedra (City Clerk) 16. Claim for Damages: Jared Hamilton (City Clerk) PUBLIC HEARINGS 17. Public Hearing — Conditional Use Permit for a shopping center at the northwest corner of Plaza Boulevard and Highland Avenue and a variance for less than required parking, for a sign in a 10 foot setback area, for the two wall signs where one is allowed. (Applicant: Studio C Architects (Case File No.: CUP-2003-29/Z- 2003-12). (Planning) 18. Public Hearing — Conditional Use Permit and Tentative Subdivision Map for the conversion of 97 apartments to condominiums at 915 E. 4th Street. (Applicant: Westone Management Consultants) (Case File No.: CUP-2003-8/S-2003-1) (Planning) NON CONSENT RESOLUTIONS 19. Resolution awarding financial advisor services for the City of National City to Estrada Hinojosa Investment Bankers from May 5, 2004 to May 5, 2007. (City Manager) COUNCIL AGENDA 5/4/04 PAGE 5 NON CONSENT RESOLUTIONS (Cont.) 20. Resolution of the City Council memorializing the creation of the National City Community and Police Relations Commission, the establishment of duties of the Commission and the declaration of the Mission Statement of the Commission. (City Attorney) 21. Resolution of the City Council authorizing the Mayor to execute a Memorandum of Understanding with the Community Development Commission setting forth the terms for the utilization of a $5 Million CDC bond issue. (City Attorney) ORDINANCES FOR INTRODUCTION 22. An Ordinance amending Title 8 of the National City Municipal Code by amending Chapter 8.04 (Animal Control and Impoundment), Chapter 8.08 (Large Animals and Large Birds at Large or Grazing), Chapter 8.16 (Dog Regulations), Chapter 8.24 (Kennels), and Chapter 8.32 (Keeping of Birds and Animals). (City Attorney) 23. An Ordinance of the City Council of the City of National City amending Section 14.04.070 of the National City Municipal Code pertaining to collection of delinquent sewer service charges. (City Attorney) ORDINANCE FOR ADOPTION 24. An Ordinance of the City Council of the City of National City amending Title 1 of the National City Municipal Code by amending Section 1.12.030 pertaining to Stop Orders and Section 1.28.010 pertaining to Powers of Arrest for inspectors. (City Attorney) OLD BUSINESS 25. 9/80 Work Schedule — Implementation Plan. (City Manager) COUNCIL AGENDA 5/4/04 PAGE 6 NEW BUSINESS 26. Discussion on enhanced communication regarding public meetings. (City Clerk) 27. Temporary Use Permit — Fern Street Community Arts -Circus. (Building & Safety) 28. Notice of Decision — Planning Commission approval of a Conditional Use Permit for a wireless communications facility in Sweetwater Heights Centennial Park at 3820 Cagle Street. (Applicant: Cingular Wireless) (Case File CUP-2004-3) (Planning) 29. San Diego County Regional Communication System (RCS) Presentation. (Police) STAFF 30. Budget Update for FY 04-05. (City Manager) MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council Meeting — Tuesday — May 18, 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 ' frorlantation WHEREAS, Ellen G. White purchased the old Potts Sanitarium and an adjacent tract in 1904, improving the building with a new roof, electricity, and a much -needed well; and WHEREAS, Ms. White, with the help of Dr. T.S. Whitelock, set up Paradise Valley Hospital as a Seventh-Day Adventist healthcare institution; and WHEREAS, Paradise Valley Hospital has since expanded to a 237-bed hospital, providing numerous programs and services to meet the ever -changing needs of the community; and WHEREAS, Paradise Valley Hospital's newest addition is its four-story, 70,000- square-foot Outpatient Pavilion, a state-of-the-art facility providing numerous outpatient services. THEREFORE, as Mayor & City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim Thursday, April 22, 2004 as: PARADISE VALLEY HOSPITAL DAY We call upon all citizens of National City to celebrate the 100th Anniversary of Paradise Valley Hospital and its positive contribution to the citizens of the City of National City. Nick Inzunza Mayor Luis Natividad Councilmember Councilmember Fideles Unga Councilmembe fxatlama#iIIxr WHEREAS, the Filipino -American Chamber of Commerce of San Diego County (FACC) is the leading voice of Filipinos in the business community in the greater San Diego County area; and WHEREAS, the FACC provides much -needed services to its members and the general business community of the County of San Diego; and WHEREAS, the FACC has had outstanding success in building a strong and visible organization supportive of the efforts to strengthen minority -owned businesses and developing the Filipino Village in the City of National City; and WHEREAS, the FACC will continue to represent the best interests of the Filipino business community under the guidance of the 2004 Board of Directors. THEREFORE, as Mayor, by virtue of the authority vested in me by the City of National City, do hereby proclaim Friday, April 23, 2004 as: FILIPINO-AMERICAN CHAMBER OF COMMERCE DAY And call upon all citizens of National City to recognize the FACC for their dedication and contributions to the business community. taL Nick Inzunza Mayor • r, 4 J[ ce 2 zaclanta#taxr WHEREAS, of all the promises America offers, none is more precious or more elusive than the right to be free from crime and violence; and WHEREAS, the dedicated men and women who have chosen law enforcement as a career face extraordinary risks and danger in preserving our freedom and security; and WHEREAS, during the month of May, National Police Week is observed throughout the nation to recognize the hazardous work, serious responsibilities and strong commitment to our nation's peace officers; and WHEREAS, in conjunction with this important observance, May 5, 2004 is observed as San Diego County Peace Officers Memorial Day in commemoration of those noble officers who have tragically sacrificed their lives in the line of duty; and WHEREAS, these special observances provide all Californians with the opportunity to appreciate the heroic men and women who have dedicated their lives in preserving public safety; and WHEREAS, this year we give special recognition to California Highway Patrolman Dean Beattie, Oceanside Police Officer Tony Zeppetella, and San Diego Police Officers Gerald K. Griffin, Jr. and Terry Bennett who lost their lives while fulfilling their commitment. THEREFORE, as Mayor & City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim Wednesday,'May 5, 2004 as: PEACE OFFICERS MEMORIAL DAY We call upon all citizens of National City to remember those individuals who gave their lives for our safety and express appreciation to those who continue to dedicate themselves to making National City a safer community in which to live. -�_ n K-��.GW�Cw✓r Nick Inzunza Mayor Ron Morrison Councilmember Fideles Ungab Councilmember To: From: Subject: City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Della — City Clerk (619)336-4226 (619) 336-4229 City Attorney George Eiser City Clerk Michael R. Dalla Procedure for Introduction and Adoption of Ordinances ITEM #1 Date: May 12, 2003 Our current practice for the introduction and adoption of ordinances has always been somewhat awkward and redundant. Recently that practice has been the cause of ongoing procedural difficulties during Council meetings. The need to `introduce an ordinance by title only' for its first reading and later second reading and adoption is understood and accepted as necessary under the Government Code. However, all jurisdictions do not handle that requirement in the same way. I have reviewed the practices of several cities in San Diego County and discovered an alternative procedure that should simplify and streamline our ordinance introduction process. The City of El Cajon includes an item on their Consent Calendar that reads as follows: "Approval of Motion to waive the reading of the text of all ordinances and resolutions at this meeting". The City of Oceanside includes an item on their Consent Calendar that reads as follows: "Approval to waive reading of the text of all ordinances and resolutions considered at this meeting and provide that ordinances shall be introduced after a reading only of the title(s)." .FETING DATE City of National City, California COUNCIL AGENDA STATEMENT May 4, 2004 AGENDA ITEM NO. 2 /ITEM TITLE A Resolution Authorizing the Director of Public Works/Engineering to Establish a Blue Curb Handicap Parking Space at 1625 Harding Avenue (G. Sandoval, TSC Item 2004-13) PREPARED BY Adam J. Landa 336-4580 EXPLANATION DEPARTMENT Public Works/Engineering Mrs. Gloria Sandoval, of 1624 Harding Avenue, has requested that a blue curb handicap parking space be installed in front of her property. Mrs. Sandoval has limited walking abilities. As the Traffic Safety Committee reviewed Mrs. Gilman's request, it was revealed that a portion of the existing garage was converted into a small studio apartment. This would mean that all of the requirements set forth by City Council policy would be met. The Traffic Safety Committee approved the requested blue curb handicap parking space at their meeting of April 14, 2004. Environmental Review N/A Financial Statement N/A Approved BY: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RE E eMMENDATION The Traffic Safety Committee, at its meeting of April 14, 2004, approved the handicap blue curb parking space in front of 1624 Harding Avenue. ATTACHMENTS (Iwiste¢# Beloww 1. Resolution 2. Staff Report to the Traffic Safety Committee F, Resolution No. A-200 (9 99) RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS/ENGINEERING TO ESTABLISH A BLUE CURB HANDICAP PARKING SPACE AT 1625 HARDING AVENUE (G. Sandoval, TSC Item 2004-13) WHEREAS, Gloria Sandoval of 1624 Harding Avenue has requested that a blue curb handicap parking space be installed in front of her property at 1625 Harding Avenue because she has limited walking abilities; and WHEREAS, at its meeting on April 14, 2004, the Traffic Safety Committee approved the installation of a blue curb handicap parking space at 1625 Harding Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Acting Director of Public Works/Engineering is authorized to establish a blue curb handicap parking space at 1625 Harding Avenue. PASSED and ADOPTED this 4th day of May, 2004. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR APRIL 14, 2004 ITEM TITLE: REQUEST FOR THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE IN FRONT OF 1624 HARDING AVENUE (BY: G. SANDOVAL) PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: Mrs. Gloria Sandoval, of 1624 Harding Avenue, has requested the installation of a handicap parking space in front of her residence. According to Mrs. Sandoval, she is requesting the handicap parking because the surrounding businesses are taking all accessible street parking spaces. City Council has adopted a policy that is used to evaluate requests for handicap parking spaces. The City Council Policy requirements are as follows: 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off- street space available that may be converted into disabled parking. Staff has investigated the site and found two (2) off-street parking spaces in the rear of the property (see photos). This condition is not met. The Policy requires that all three (3) conditions be met. In this case, two (2) conditions are met. STAFF RECOMMENDATION: Staff recommends not installing a handicap parking space since it does not meet the City Council Policy. EXHIBITS: 1. Letter 2. Location Map 3. Photos _ - r-- j f e-x. `,V eg,1 / 2 '- -- a.z- REMOVE FROM MIRROR BEFORE DRIVING VEHICLE UFBIHASE OF FUEL (Business & Professions Code 13660) S aJe law requires service stations to refuel a disabled rson s vehicle at self-service rates, except at service facilities with only one: employee on duty. REGISTRATION VALID FROM AUTO 06/08/2003 TO 06/08/2004 VEHICLE IDENTIFICATION NUMBER 4T1BG12K9TU777 BODY TYPE MODEL 4D DATE ISSUED 04/19/2003 R 6 0 I w S N T E E R E D N 0 L 0 E R TYPE LICENSE NUMBER 11 3RYS188 MAKE 858 TOYT CYLS. DATE FIRST SOLD CLASS 'YR Yr. Model �0/00/1996 IDE 2000 1996 TYPE VEH. MP AX WC U W JC o I L FEES PAID 120 G IL D 3700 SANDOVAL RUBEN P OR.,SAI<&DOV =. GLORIA B L 24 H RDL iG. AVE 1 RATIONAIL::0-17PC CA 91950 TOYOTA:KTR CRDT•CORP PO BX 85.23a3"" R0030 L0063 SAN DIEGO 92168 0 141041020034075 STATE OF CALIFORNIA DEPARTMENT OF MOTOR VEHICLES VALIDATED REGISTRATION CARD READ REVERSE SIDE - IMPORTANT. INSTRUCTIONS W 4876099, W 17t W 18± CHURCH LOCAT H (.3 n 11 _J n C_) EX1S7W PAINAVC STRE MAP STRFET -!!!!! ; 1 fl FETING DATE City of National City, California COUNCIL AGENDA STATEMENT May 4, 2004 AGENDA ITEM NO. 3 7-ITEM TITLE A Resolution Authorizing the Director of Public Works/Engineering to Establish "No Parking" Zone at the East Driveway at 2720 Plaza Boulevard (R. Jacobs, TSC Item No. 2004-14) PREPARED BY Adam J. Landa 336-4580 EXPLANATION DEPARTMENT Public Works/Engineering Mr. Randy Jacobs has requested the installation of a red curb "No Parking" zone at the east driveway of the shopping center at 2720 Plaza Boulevard. According to Mr. Jacobs, vehicles are parking on the street and obstructing the view for vehicles that are leaving the center. The posted speed limit is 35 mph. According to the posted speed and reaction time (see attached chart), the required length of red curb should be twenty-five feet on the west side of the east driveway (see drawing). There is approximately fifteen feet of existing red curb. Accordingly, an additional ten feet of red curb is required. Staff noticed that the driveway to the west has an approximately twenty-five feet red curb length servicing the same shopping center. The Traffic Safety Committee, at their meeting of April 14, 2004, approved the additional ten feet of red curb on the west side of the east driveway at 2720 Plaza Boulevard. CEnvironmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. tkdk BOARD / COMMISSION RECOMMEND ON The Traffic Safety Committee, at its meeting of April 14, 2004, approved the additional ten feet of red "No Parkign" zone on the west side of the east driveway at 2720 Plaza Boulevard. ATTACHMENTS ( Fisted Below ) L,., 1. Resolution 2. Staff Report to the Traffic Safety Committee A.200 i999) Resolution No, RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS/ENGINEERING TO ESTABLISH AN ADDITIONAL TEN FEET OF RED NO PARKING ZONE ON THE WEST SIDE OF THE EAST DRIVEWAY AT 2720 PLAZA BOULEVARD (R. Jacobs, TSC ITEM NO. 2004-14) WHEREAS, National City Traffic Safety Committee Member Randy Jacobs has requested the extension of the existing red no parking zone on the west side of the east driveway at 2720 Plaza Boulevard because vehicles that park on the street obstruct the view of vehicles leaving the shopping center; and WHEREAS, at its meeting on April 14, 2004, the Traffic Safety Committee approved installation of an additional 10 feet of red no parking zone on the west side of the east driveway at 2720 Plaza Boulevard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Acting Director of Public Works/Engineering is authorized to establish an additional 10 feet of red no parking zone on the west side of the east driveway at 2720 Plaza Boulevard. PASSED and ADOPTED this 4th day of May, 2004. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR APRIL 14, 2004 ITEM TITLE: 2 REQUEST FOR INSTALLATION OF RED CURB "NO PARKING" ZONE ADJACENT TO THE DRIVEWAY AT 2720 PLAZA BOULEVARD (BY: RANDY JACOBS) PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: Mr. Randy Jacobs has requested the installation of a red curb "no parking" zone at the east driveway at 2720 Plaza Boulevard. According to Mr. Jacobs, vehicles are parking on the street and obstructing the view for vehicles that are leaving the shopping center. The posted speed limit is 35 m.p.h. According to the posted speed and reaction time (see attached chart), the required length of red curb should be twenty• -five feet on the west side of the driveway. There is approximately fifteen feet of existing red curb, accordingly an additional ten feet of red curb is required. Staff noticed that the driveway to the west has an approximately twenty-five feet red curb length servicing the same shopping center. STAFF RECOMMENDATION: Staff recommends the installation of an additional ten feet red curb "No Parking" zone on the west side of the driveway on Plaza Boulevard. EXHIBITS: 1. Letter 2. Location Map 3. Chart 4. Photos 2004-14 Mar 16 04 O6:37p RANDY JRCOBS (6191 267-6336 March 16, 2004 To: Adam Landa From: Randy Jacobs, Traffic Safety Committee Member Subject: Red curb on Plaza Blvd and east of Euclid Adam, As we discussed today, I think it would be a wise move to add more red curb to the eastern most exit of the shopping center located between Euclid Ave and the light at the cross walk (that's located between Euclid and Harbison) on Plaza Blvd_ The line of sight on trying to leave the shopping center from either exit is very poor and I feel that this is an accident waiting to happen. Hopefully you can get this on the April agenda Thanks for all of your assistance. Sincerely, gatuiCitiexio s 2t_P{1Se fi k mho- to ta w5 5oPPin7G Gz i� �fi J v t p.1 EX/ST/NC 25' OF RED CURB o LOCATION MAP :D LK r Deceleration Rate d = 12.0 feet per second2 Reaction Time r = 1.00 second. Deceleration Distance = 'h dt2 or-Y2 Vt or 2d Deceleration Time = V d Detector Setback = Deceleration Distance + Reaction Distance V2 Vr V = Speed (feet per second) d = Deceleration Rate (feet per second2) t = Deceleration Time (seconds) IRMA SPEED I SPEED DEC. TIME DEC. DIST. I TOTAL TIME TOTAL DIST. Mile Per Hour I Feet per Sec. I Second I Feet I Second Feet 25 1 36.7 3.06 I 56.1 I 4.06 92.8 30 44.0 3.67 I 80.7 I 4.67 124.7 51.3 4.28 109.6 5.28 160.9 USE Feet 90 125 40 • 58.7 4.89 I 143.6 I 5.89 202.3 45 66.0 5.50 I 181.5 I 6.50 247.5 50 733 I 6.10 I 223.9 I 7.10 297.2 55 1 80.7 I 6.72 f 271.4 I 7.72 352.1 60 I 88.0 I 7.33 I 322.7 I 8.33 410.7 200 250 300 350 410 .c'ETING DATE City of National City, California COUNCIL AGENDA STATEMENT May 4, 2004 4 AGENDA ITEM NO. (-ITEM TITLE A Resolution Authorizing the Director of Public Works/Engineering to Establish "No Parking" Zones South of the Driveway at 1506 L Avenue (G. Jarsulic, TSC Item No. 2004-15) PREPARED BY Adam J. Landa 336-4580 EXPLANATION DEPARTMENT Public Works/Engineering Mr. Gerald Jarsulic, the owner of 1506 L Avenue, has requested the installation of a red curb "No Parking" zone between his driveway and his neighbor's driveway to the south. Mr. Jarsulic stated that vehicles park there and encroach into his driveway, thereby not allowing ingress and egress from his house. Mr. Jarsulic also stated that there is fifteen feet between the driveways, which is not enough parking area for a vehicle or truck. Staff concurs with his evaluation. The Traffic Safety Committee, at their meeting of April 14, 2004, approved fifteen feet of red curb on the south side of the driveway at 1506 L Avenue. Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee, at its meeting of April 14, 2004, approved the fifteen feet red "No Parking" zone on the south side of the driveway at 1506 L Avenue ATTACHMENTS ENTS ( Listed Below } 1. Resolution Staff Report to the Traffic Safety Committee A-200 l9 991 Resolution No, RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS/ENGINEERING TO ESTABLISH A RED NO PARKING ZONE SOUTH OF THE DRIVEWAY AT 1506 L AVENUE (G. Jarsulic, TSC ITEM NO. 2004-15) WHEREAS, Gerald Jarsulic, the owner of 1506 L Avenue, has requested the installation of a red no parking zone south of his driveway at 1506 L Avenue because vehicles that park there encroach into his driveway and obstruct ingress and egress from his property; and WHEREAS, at its meeting on April 14, 2004, the Traffic Safety Committee approved the installation of a 15 foot red no parking zone south of the driveway at 1506 L Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Acting Director of Public Works/Engineering is authorized to establish a 15 foot of red no parking zone south of the driveway at 1506 L Avenue. PASSED and ADOPTED this 4th day of May, 2004. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR APRIL 14, 2004 ITEM TITLE: 3 REQUEST FOR THE INSTALLATION OF RED CURB "NO PARKING" ZONE ADJACENT TO THE DRIVEWAY AT 1506 L AVENUE (BY: G. JARSULIC) PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: Mr. Gerald Jarsulic, the owner of 1506 L Avenue, has requested the installation of a red curb "No Parking" zone between his driveway and his neighbor's driveway to the south, According to Mr. Jarsulic, vehicles are parking in a fifteen foot space and are encroaching into his driveway thereby not allowing ingress and egress to his property. STAFF RECOMMENDATION: Staff recommends the installation of fifteen feet red curb "No Parking" zone on the south. side of the driveway located at 1507 L Avenue. EXHIBITS: 1. Letter 2. Location Map 3. Photos 2004-15 Dear sir I live at 1506 L ave. in National city I am requesting that one of the crubs in between my driveway and the nieghbron driveway is to be painted red. My reason for this request is because the area is only 15 feet in lenght. It is not longe enought for a car to park thier . Also with Rear park tbier your view of the street is block when you are backing out of the driveway. Thier has been times when biger cars and truck have park thier and where blocking my driveway. Also my wife was hit when backing out bbecause she chould not see good because view and the person who hit her did not she her al so . So again I am requesting this crub to be painted red . I am attaching a picture of the Grub I want to be painted Your ps my phone number is 477 2645 please me if you have any question about this Gerald Jarsulic 7 ,O€A 1'IQN MAP SITE STREI-- T _Y_u�.e_��:�>v_ City of National City, California COUNCIL AGENDA STATEMENT ,FETING DATE May 4 2004 AGENDA ITEM NO. 5 ITEM TITLE A Resolution Authorizing the Director of Public Works/Engineering to Establish A Red "No Parking" Zone on the Northeast and Southeast Corner of Wilson Avenue and 19th Street (L. Aguirre, TSC Item No. 2004-19) PREPARED BY EXPLANATION Adam J. Landa 336-4580 DEPARTMENT Public Works/Engineering Ms. Linda Aguirre, of the Neighborhood Council, has requested the installation of a red curb "No Parking" zone at Wilson Avenue and 19th Street. According to Ms. Aguirre, there is a motor home parking there and obstructing the view from vehicles that are entering Wilson Avenue from 19th Street. The speed limit is 25 mph. According to the speed limit and reaction time (see attached chart), the required length of red curb should be ten feet at the northeast and the southeast corner of Wilson Avenue and 19th Street. The Traffic Safety Committee approved staff's recommendation of ten feet red curb on the northeast and southeast corner of Wilson Avenue and 19th Street at their meeting of April 14, 2004. Environmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION COMMENDATION The Traffic Safety Committee, at its meeting of April 14, 2004, approved the ten feet red "No Parking" zone on the northeast and southeast corner of Wilson Avenue and 19th Street. ATTACHMENTS ( Listed 'Below 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. 00 t9 99) RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS/ENGINEERING TO ESTABLISH 10-FEET OF RED NO PARKING ZONE ON THE NORTHEAST AND SOUTHEAST CORNERS OF WILSON AVENUE AND 19TH AVENUE (L. Aguirre, TSC ITEM NO. 2004-19) WHEREAS, Linda Aguirre of the Neighborhood Council has requested the installation of red no parking zones at Wilson Avenue and 19th Street to prevent parked cars from obstructing the view of vehicles that are entering Wilson Avenue from 19th Street; and WHEREAS, at its meeting on April 14, 2004, the Traffic Safety Committee approved the installation of 10-feet of red no parking zone on the northeast and southeast corners of Wilson Avenue and 19th Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Acting Director of Public Works/Engineering is authorized to establish 10-feet of red no parking zone on the northeast and southeast corners of Wilson Avenue and 19th Street. PASSED and ADOPTED this 4th day of May, 2004. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 7 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR APRIL 14, 2004 ITEM TITLE: REQUEST FOR THE INSTALLATION OF RED CURB "NO PARKING" ZONE AT THE INTERSECTION OF WILSON AVENUE AND 19TH STREET (BY: L. AGUIIRE) PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: Ms. Linda Aguiire, from Neighborhood Council, has requested the installation of a red curb "No Parking" zone at Wilson Avenue and 19t Street. According to Ms. Aguiire, there is a motor • home parking there and is obstructing the view for vehicles that are entering Wilson Avenue from 19th Street. The speed limit is 25 m.p.h. According to the speed limit and reaction time (see attached chart), the required length of red curb should be 10 feet at the northeast and southeast corners of Wilson Avenue and 19th Avenue. STAFF RECOMMENDATION: Staff recommends the installation of 10 feet red curb "No Parking" zones at the northeast and southeast corner of Wilson Avenue and 19th Street (see location map). EXHIBITS: 1. Action Request 2. Location Map 3. Chart 4. Photos 2004-19 OFFICE OF THE CITY MANAGER ACTION REQUEST Date: 3/19/04 To Marylou Matienzo, Finance Director Problem At the Neighborhood Council, Linda Aguiire reports that at 19' & Wilson there is a motorhome that is parked on the corner. It blocks the view of oncoming traffic. Ms. Aguirre suggests that the curb be painted red for 10 ft on all corners. Direction Respond By Please refer to Parking Officer for review and follow-up. March 29, 2004 Tvr' lie Assigned To TESS E. LIHFUECO RESPONSIBLE DEPARTMENT 0 w Summaryof Action or Statement of Response According to Officer Ray Crawford, he has been dealing with this vehicle for a while now. The owner is aware of'the 72-hour regulation. Every time Officer Crawford marks the tires, the owner drives the motorhome to erase the marks, then parks it back on the same spot. Officer Crawford suggests that the matter about painting the curb red should be referred to the PW/Engineering Department. Officer Crawford will continue to monitor the vehicle for parking compliance. Interim Cl Tickle To: Final Date Completed: 3/23/04 Department Manager MARYLOU MATIENZO DIRECTOR OF FINANCE Signature --} �./„ 90' 9O' w 18 Ln CHURCH r RED `CURB I en / \ 70 ' OF W 19 - RED CURS f1 n _L STREI 1 Deceleration Rate d = 12.0 feet per second2 Reaction Time r = 1.00 second. Deceleration Distance = YZ dt2 or-V2 Vt or 2d Deceleration Time = V d Detector Setback = Deceleration Distance + Reaction Distance = 2d + Vr V = Speed (feet per second) d = Deceleration Rate (feet per second2) t = Deceleration Time (seconds) SPEED 1 SPEED Mile Per Hour 1 Feet per Sec. 2� ( 36.7 30 1 44.0 35 i 51.3 40 1 58.7 45 i 66.0 50 i 73.3 55 I 80.7 60 88.0 DEC. TIME Second 3.06 3.67 4.2B 4.89 5.50 6.10 6.72 7.33 DEC. DIST. Feet 56.1 80.7 109.6 143.6 181.5 223.9 271.4 322.7 TOTAL TIME TOTAL DIST., USE Second 4.06 4.67 5.28 6.50 7.10 Feet Feet 92.8 90. 124.7 125 160.9 160 247.5 250 297.2 300 7.72 352.1 350 8.33 410.7 410 City of National City, California COUNCIL AGENDA STATEMENT May 4, 2004 MEETING DATE AGENDA ITEM NO. 6 ITEM TITLE Resolution Adopting Council Policy, "National City Street Banner Program" PREPARED BY Lori Brown DEPARTMENT Public Works/Engineering 336-4580 EXPLANATION. See attached report. Environmental Review Financial Statement Funding for all costs related to the banner program, insurance, or any other related expenses, will be entirely supported by permit fees paid by the applicant. There may be possible supplemental funding from CDC. Account No X N/A STAFF RECO ENDATION Approve Resolution Adopting Council Po icy, "National City Street Banner Program". BOARD/COMMISSION RECOMMENDATION The Draft Council Policy has been routed to CDC for comment. ATTACHMENTS (Listed Below) Resolution No. • Resolution Adopting Council Policy, "National City Street Banner Program" • Draft Council Policy, "National City Street Banner Program", Permit Application, Liability Waiver • Council Policy #504 "National City Mile of Cars Banner Policy" adopted 1/13/98 A-200 (Rev. 9/80) On January 13, 1998, the City Council adopted Policy Number 504 "National City Boulevard, Mile of Cars Banner Policy", to establish the availability and manner of use of the two sets of banner poles on National City Boulevard at 18th Street and 30th Street. These poles accommodate a large horizontal banner, approximately (4' high X 34'6" long), mounted from a pole on one side of the street, across the roadway, to a pole on the other side of the street. These banners primarily serve to announce upcoming special events or other messages of community interest. Since then, various organizations have requested permission to post smaller vertical banners on the decorative street light poles along major business corridors in the City, particularly along Civic Center Drive (from Interstate 5 to National City Blvd.), and on National City Blvd. in front of the Civic Center (from 12th to 18th Streets). There are eighty-eight (88) total City -owned decorative light poles on these two streets. Last year, Council approved a request from the Port of San Diego to display this type of banner as part of their 40th Anniversary celebration. Port employees installed the brackets on the decorative light poles, and they have been allowed to remain. We anticipate more of these requests as communities experience improvements, and there is a desire to promote a theme or image. Examples of organizations that have may be interested in displaying this type of banner include Education Village and Filipino Village. Areas of interest outside the Civic Center and National City Blvd. decorative light poles would need to be "phased in", allowing staff to designate City -owned street light poles authorized for use, and determination of whether brackets need to be installed. A significant number of street light poles are owned by SDG&E and banners are not permitted on these. All costs related to the banner program, insurance, or any other expenses, are to be paid by the applicant and supported entirely by permit fees. Banners may also be used as decoration during holidays and changing seasons, to announce special events, and to promote capital improvement projects, and business corridors. They may be an effective way to assist our effort toward public education about storm water compliance or used oil recycling; however, costs would be supported through grant funding. In the Highland Avenue and Plaza Boulevard planning projects, the Community Development Commission (CDC) may wish to implement banner programs in these areas, with funding from a variety of public or private resources. The attached Draft Council Policy has been prepared to help establish guidelines for a safe and user- friendly permit and approval process to efficiently manage requests to display the smaller vertical banners on City -owned street light poles. Some of the issues this policy will address include: • A permit application and approval process for displaying banners on City -owned street light poles • Location of City -owned street light poles authorized for use • Number of street light poles authorized for use • Designates responsibility for installation labor • Addresses liability issues and insurance requirements • Designates City department(s) responsible for managing the process • Sets criteria for banner size, specs, color, consistency and appropriate message content • Budget detail for cost of brackets, labor, and source of funding • Banner maintenance and rotation • Banner and hardware replacement RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CITY COUNCIL POLICY REGARDING THE "NATIONAL CITY STREET BANNER PROGRAM" WHEREAS, the City desires to establish a policy for street banners. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that a City Council Policy entitled "National City Street Banner Program" is approved as recommended by the Acting Public Works/Engineering Director. PASSED and ADOPTED this 4th day of May, 2004. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CITY COUNCIL POLICY TITLE: NATIONAL CITY STREET BANNER PROGRAM POLICY NUMBER: ADOPTED: May 4, 2004 AMENDED OR REVISED: DRAFT Purpose Page 1 of 3 The purpose of this policy is to establish clear guidelines and permit approval process for organizations requesting permission to display vertical banners on City -owned street light poles. City personnel receive an increasing number of these requests, specifically for the decorative light poles on Civic Center Drive and other major corridors. We anticipate more such requests as communities experience improvements and capital improvement projects reach completion. Background Council Policy Number 504, "National City Boulevard, Mile of Cars", adopted on January 13, 1998, is limited to guidelines for displaying large horizontal banners (4' X 34'6") across the roadway, from the two sets of banner poles on National City Boulevard at 18th Street and 30th Street. Intent The policy and permit process designates the responsibilities and components of banner installation, rotation, maintenance and repairs, new or replacement banners and hardware, and costs related to banner installation are addressed below. The intent of permitting banners to be displayed on street light poles is to support banners announcing events or containing messages of community -wide interest and significance. Those containing messages that promote religious, partisan, political or commercial activities will not be permitted. Permit Requirements An organization, civic association or other community groups desiring to use the street light poles to display banners shall submit a permit application to the Public Works / Engineering Department, at least fifteen (15) working days prior to the first requested day of display. A description and diagram or photo of the banner and non-refundable permit filing fee shall accompany the application. The Director of Public Works / Engineering shall review the application, and issue a permit to install the banners if all requirements are met. Public Works Street Division does not have adequate equipment or staffing to perform banner installation and removal, therefore the applicant is responsible for installation and removal of the banners, and must have required insurance. CITY OF NATIONAL CITY Page 2 of 3 Location of Available Street Light Poles Specific locations authorized for posting banners include the forty (40) City -owned street light poles located along both sides of Civic Center Drive, between National City Boulevard and Interstate 5; and forty-eight (48) poles along National City Blvd. in front of the Civic Center, from 12th to 18th Streets, a total of eighty-eight (88) poles. The number of banners allowed per permit may be limited to a minimum of twenty (20) banners at the discretion of the Director of Public Works / Engineering. For other areas of interest, staff will designate City -owned street light poles authorized for use, and brackets may need to be installed at the applicant's expense. A significant number of street light poles are owned by SDG&E and banners are not permitted on these. Message Content Banner text must contain messages of community -wide interest, significance, and public benefit. These may include announcements of special events, seasonal or holiday decorations, neighborhood themes capital improvement or redevelopment projects, public education messages for promotion of environmental programs, and as a form of public art. Any banner containing language supporting or referring to the following subjects will not be permitted: 1) a campaign for public office, position initiative, or a specific issue that may be construed to have political or public policy implications; 2) an event or activity of primarily sectarian religious significance; 3) any sale of product or service, whether for profit or not -for - profit, including fund-raising events sponsored by not -for -profit organizations, and 4) any subject that, in effect, does not apply or have interest to the general population of the City of National City. In general, the message language shall be appropriate for display on public property. The message on the banner to be installed may not deviate substantially from that indicated on the approved banner permit. If prior to the installation of the banner, it is apparent that the message does not substantially conform to the permit, the banner will not be erected. Fees and Charges An application fee shall be assessed per the Fee Schedule adopted by the City Council for full cost recovery. Liability and Insurance The applicant shall be liable for any loss, damage, or injury sustained by the City or any other person, due to the negligence of the person(s) to whom the banner permit is issued. The applicant shall agree to save and keep the City and all its officers, departments and employees harmless from any and all costs damages or expenses that the city of any of its officers, departments and employees may be obliged to pay by reason of, or that may arise out of, the granting and issuance of the banner permit, or the storage, transporting, erecting or displaying of the banner authorized thereby. The applicant shall maintain a policy of public liability insurance in the sum of one million dollars ($1,000,000). A certificate of insurance shall be presented upon approval of the permit and before issuance of a work order to Public Works to erect the banner. The certificate shall specifically name the City of National City as additionally insured. The policy shall state that the CITY OF NATIONAL CITY Page 3 of 3 City shall be given 30 days minimum notification by registered mail in case of expiration or proposed cancellation of the policy. Specifications The following shall govern the construction of the banner panels and accessories for use on the City -owned street light poles: 1. The banner shall be 94" in height by 30" wide and double -sided (graphics / text on both sides of the banner). 2. The material used for the banner shall be made of durable material for the environment (vinyl or sunbrella). 3. All banners in designated area must be consistent with a pleasant uniform theme and color or design throughout. Duration, Scheduling and Handling To maximize the lifespan and marketing effectiveness of the banners, street banners should be limited to, and rotated, every three to six months. The rotation schedule will be determined by the Director of Public Works / Engineering, annually, based upon the promotional timeframe and availability of banners and labor costs. Banners promoting City -sponsored activities will have priority, otherwise availability is scheduled on first come, first served basis, only when City -sponsored banners are not scheduled. Provisions may be modified by mutual agreement among the parties involved and with the approval of the City Manager. The Public Works / Engineering Director shall maintain an annual banner calendar that will allow advance scheduling of banner displays. The applicant shall remove the banners at the end of the last scheduled day of display. Banner Maintenance and Replacement Street banners are susceptible to the elements of wind, rain and salt air. The City is not responsible for the condition of street banners due to normal wear and tear. Sponsors of street banners will be responsible for replacement and purchase costs of new banners unfit for display. Banners showing signs of wear and tear detract its visual appeal and purpose. Any torn street banner must be removed by the applicant. CITY OF NATIONAL CITY 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, to sign the Hold Harmless agreement, and agree to the conditions in the "National City Street Banner Program" Council Policy (attached). Certificate of insurance must be attached to this permit. Organization Person in charge of activity Address Phone City facilities and/or property requested Date(s) of use HOLD HARMLESS AGREEMENT Applicant shall agree to save and keep the City and all its officers, departments and employees harmless from any and all costs, damages or expenses that the City of any of its officers, departments, and employees may be obliged to pay by reason of, or that may arise out of, the granting and issuance of the banner permit, or the storage, transporting, erecting or display of the banner authorized thereby. Signature of Applicant Official Title Date Certificate of Insurance approved NATIONAL CITY STREET BANNER PROGRAM PERMIT APPLICATION FORM Name of Organization Business Address Name of Applicant Address Telephone Number: (day) (evening) (other) Date Banner to be Installed Date Banner to be Removed (See attached Policy for detailed guidelines for maximum allowable number of days) Banner Message (Exact Wording) Dimensions of Banner: (See attached Policy for detailed specifications allowed) Is Photo or diagram attached? Yes No Certificate of Insurance attached Yes No Liability Insurance of$1,000,000 included? Yes No City of National City listed as additional insured? Yes No FEES (Official Use Only): Permit Fee: Public Works Fee: Applicant's Signature Date CITY C UNCIL P ! LICY TITLE: NATIONAL CITY BOULEVARD, MILE OF CARS POLICY BANNER POLICY MBER AMENDED OR ADOPItD: 1/13/1998 Purpose The purpose of this policy statement manner of use of the two sets of banner Street and 30th Street. REVISED: 504 Page 1 of 6 is to establish the availability and the poles, on National City Boulevard at 18th Intent The banner poles are intended to support banners that announce events or display messages of community -wide interest and significance. Banners will not be installed that advertise or otherwise promote religious, partisan, political or commercial activities. The use of the poles shall be allocated to recognize groups on a first come, first served basis, following a reservation system administered by the Engineering Department. Banners that meet the minimum specifications provided herein shall be fabricated by the sponsoring group and be installed only by the Public Works Department or their installer. Permit Requirements An organization, civic association or other community groups desiring to use the poles to erect a banner shall submit a permit application to the Engineering Department on a form provided at least ten (10) working days prior to the first requested day of display. The application shall include: 1) the name of the sponsoring organizations; 2) the name, phone number and address of. an individual representing the organization who is responsible for the banner; and 3) the requested installation and removal dates within the maximum duration interval specified below. A non-refundable permit filing fee shall accompany the application. The application shall also describe the general dimensions and characteristics of the banner in reference to the "Specifications" section of this Policy and shall indicate the wording of the message the banner will display. A photo or illustration may be submitted to supplement a written description. The City Engineer shall review the application and issue a permit to install the banner(s) for the period indicated if a finding is made that all of the specific provisions, as well as the intent, of this Policy are satisfied. A service charge to cover the cost of erecting and removing the banner by the Public Works Department shall be paid by the applicant, whereupon a work order will be issued to the Public Works Department to receive and install the banner on the specified date. F NATIONAL CTY CITY C UNCIL POLICY TITLE: NATIONAL CITY BOULEVARD, BANNER POLICY ADOP 1ED: 1/13/98 MILE OF CARS POLICY NUMBER 5 0 4 AMENDED OR REVISED: Message Content The banner poles were installed with the intent to provide the community with a location whereupon general information and messages of Citywide, non- commercial significance could be displayed. As such, any banner containing language supporting or referring to the following subjects will not be attached to the poles: 1) a campaign for a political office, proposition initiative, or a specific issue that may be construed to have political or public policy implications; 2) an event or activity of primarily sectarian religious significance; 3) any sale of product or service, whether for profit or not -for -profit including fund-raising events sponsored by not -for -profit organizations; and 4) any subject that, in effect, does not apply or have interest to the general population of the City of National City. In general, the message language shall be appropriate for display on public property. The message on the banner to be installed may not deviate substantially from that indicated on the approved banner permit. If prior to the installation of the banner, it is apparent that the message does not substantially conform to the permit, the banner will not be erected and the installation service charge shall be refunded upon removal of the banner from the Public Works' property. Pa4e 2 of 6 Fees and Charges An application fee and installation service charge shall be assessed per the Fee Schedule adopted by the City Council. Liability and Insurance The applicant shall be liable for any loss, damage, or injury sustained by the City or any other person, due to the negligence of the person(s) to whom the banner permit is issued. The applicant shall agree to save and keep the City and all its officers, departments and employees harmless from any and all costs, damages or expenses that the City or any of its officers, departments and employees may be obliged to pay by reason of, or that may arise out of, the granting and issuance of the banner permit, or the storage, transporting, erecting or displaying of the banner authorized thereby. CITY OF ttrAt$Ol A L crriT CITY C LJNCIL POLICY ADOP 1'ED: 1/13/98 AMENDED OR REVISED: Page 3 of 6 The applicant shall maintain a policy of public liability insurance in the sum of one million dollars ($1,000,000). A certificate of insurance shall be presented upon approval of the permit and before issuance of a work order to Public Works to erect the banner. The certificate shall specifically name the City of National City as additional insured. The policy shall state that the City shall be given 30 days minimum .notification by registered mail in case of expiration or proposed cancellation of the policy. Specifications The following shall govern the construction of the banner panels and accessories for use on the National City Boulevard banner poles: 1. The banner panel shall be four (4) feet wide by thirty-four (34) feet - six (6) inches Long. 2. The banner panel shall be perforated over at least ten percent (10%) of the area to reduce wind resistance. 3. The material used for the banner shall be a minimum of thirteen (13) ounce canvas and shall be double stitched for reinforcement at each corner. A 3/8-inch diameter brass grommet shall be sewn into each corner of the panel. 4. A 3/8 inch to 1/2 inch diameter, plastic -coated, steel -wire cable shall be hemmed in along the top and bottom of the panel. A minimum one -inch diameter eye loop secured with a suitable crimp shall be formed at the ends of the cable. The overall length of the cables shall be thirty-five (35) feet - six (6) inches. Duration Scheduling and Handling of Banners The duration of each separate banner display covered by one permit application shall be no more than forty-five (45) days. The display shall be scheduled according to the dates requested on the permit application form and shall be granted on a first -come, first -served basis. This provision may be modified by CITY OF NATIONAL CITY CITY C CIL POLICY TITLE: NATIONAL CITY BOULEVARD, MILE OF CARS POLICY BANNER POLICY NUMBER504 ADOP 1'hD: 1/13/98 AMENDED OR REVISED: Page 4 of 6 mutual agreement among the parties involved and with the approval of the City Manager. The City Engineer shall maintain an annual banner calendar that will allow advance scheduling of banner displays. Banners approved for installation shall be delivered to the Public Works yard no later than 3:00 p.m. on a regularly scheduled workday, at least five (5) working days prior to the first scheduled day of display. The banners shall be removed only by the Public Works Department at the end of the last scheduled day of display and delivered by City employees back to the Public Works' yard. The banners shall be removed from the Public Works yard by the sponsoring organization within five (5) working days of the scheduled removal date, or the date of delivery back to the yard, whichever occurs later. CITY OF N T .AL CI° "sf Page 5 of 6 CITY OF NATIONAL, CITY PUBLIC PROPERTY IJSE 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, to sign the Hold Harmless Agreement, and agree to the conditions in the National City Boulevard Mile of Cars Banner Policy (attached). Certificate of Insurance must be attached to this permit. Organization Person in charge of activity Address Telephone City facilities and/or property requested Date(s) of use OLi1= HARMLESS AGREEMENT Applicant shall agree to save and keep the City and all its officers, departments and employees harmless from any and all costs, damages or expenses that the City or any of its officers, departments and employees may be obliged to pay by reason of, or that may arise cut of, the granting and issuance of the banner permit, or the storage, transporting, erecting or display of the banner authorized thereby. Signature of Applicant Official Title Date Certificate of Insurance approved Page 6 of 6 NATIONAL CITY BOULEVARD BPOLES APPLICATION FORM Name of Organization Business Address Name of Applicant Address Telephone Number (day) (evening) Date Banner to be Installed Date Banner to be Removed (Note — maximum 45 days from date installed to date removed) Wording of the Banner Dimensions of Banner: 4.0' x 34.6' (See attached Policy for detailed specifications of banner) Is photo or plan attached? yes no Certificate of Insurance attached? Liability Insurance of $1,000,000 included? yes City of National City listed as additional insurer? yes Fees Permit Feea Pahlik Works Fee: n® aio Applicant's signataare & date City of National City, California COUNCIL AGENDA STATEMENT ..,-EETING DATE May 4, 2004 AGENDA ITEM NO. 7 (-ITEM TITLE A Resolution Directing the Preparation of the Report Required by Government Code Section 5473 and Authorizing the Mayor to Enter into an Agreement with PBS&J to Provide On -going Sewer Bill/Tax Roll Administation and Any As -Needed Financial Services for Sewer Rate Analysis for Fiscal Year 2004-05 PREPARED EY Joe Smith DEPARTMENT Public Works/Engineering 336-4587 EXPLANATION See attached explanation. rEnvironmental Review X N/A 1-Financial Statement Approved By: The Contract is for $45,603; $35,603 for sewer tax roll administration Finance Director and $10,000 for as -needed contract services. The details of the scope of services are outlined in Attachment "A", the fees and conditions are outlined in Attachment "B". Account No. STAFF RECOMMENDATION Adopt the resolution authorizin the ' ting Director of Public Works/Engineering to enter into this agreement. BOARD / CO ISSION R N/A ATTACHMENTS ( Listed 3elow 1. Resolution 2. Agreement with PBS&J \ 3. City Attorney Memorandum dated April 21, 2004 Resolution No. A-2UU 0 U9i Explanation: On June 17, 2003, Council approved Resolution Number 2003-159 authorizing PBS&J to create a database that would be used in transferring the collection of sewer service fees to the County of San Diego Tax Rolls. The City requires continued assistance with annual administration of our sewer service billing. This will include the updating of any change that may have occurred to the customer database. These changes will be matched with the Sweetwater Authority's water accounts and the associated charges of these changes will be applied to the database. PBS&J will then prepare a report containing this information as required by Government Code Section 5473 for Council approval. The procedure for annual placement of sewer charges on the tax roll, including the preparation of the report, is summarized in the attached memorandum from the City Attorney. Once approved, a sewer billing data tape will be provided to the County Assessor's office. This agreement will also include database review, tracking reports for our records, and response to customer phone calls and inquiries. This agreement will also provide any additional, as -needed financial services for sewer rate analysis that may not be included in the above -mentioned tasks, which would include updating budget information, assessing water use data, and council or public workshops. RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DIRECTING THE PREPARATION OF THE REPORT REQUIRED BY GOVERNMENT CODE SECTION 5473, AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PBS&J TO PROVIDE ON -GOING SEWER BILL/TAX ROLL ADMINISTRATION AND ANY AS NEEDED FINANCIAL SERVICES FOR SEWER RATE ANALYSIS FOR FISCAL YEAR 2004-05 WHEREAS, on June 17, 2003, the City Council approved Resolution No. 2003-159 authorizing PBS&J to create a database that would be used in transferring the collection of sewer service fees to the County of San Diego tax rolls; and WHEREAS, the City desires PBS&J's continued assistance with annual administration of the sewer service billing, and the preparation of a report required by Government Code Section 5473, which contains a description of each parcel of real property receiving sewer services and the amount of the charge for each parcel for the year; and WHEREAS, PBS&J is a engineering firm and is qualified by experience and ability to perform the services desired by the City, and PBS&J is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City directs the preparation of the Report required by Government Code Section 5473. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor to execute an Agreement between the City of National City and PBS&J for on- going sewer bill/tax roll administration and any as -needed financial services for sewer rate analysis for Fiscal Year 2004/05. PASSED and ADOPTED this 4th day of May, 2004. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk George H. Eiser, III City Attorney City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, III • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 TO: Mayor and City Council FROM: City Attorney SUBJECT: Procedures for Collecting Sewer Charges on the Tax Roll DATE: April 21, 2004 The following summarizes the procedures for collecting sewer charges on the tax roll. These procedures are set forth in Sections 5470-5474.10 of the California Health and Safety Code, as well as in Chapter 14.04 of the National City Municipal Code. Last year, the City Council enacted an ordinance authorizing collection of sewer charges on the tax roll. After adopting such an ordinance, the City may cause a written report to be prepared each year and filed with the City Clerk, which shall contain a description of each parcel of real property receiving sewer services, and the amount of the charge for each parcel for the year. The City Clerk must then cause a notice of the filing of said report and of a time and place of a hearing to consider the report to be published once a week for two successive weeks. At the time of the hearing, the City Council shall hear and consider all objections or protests to the report. If the Council finds that protest is made by the owners of a majority of separate parcels of property described in the report, then the report shall not be adopted and the charges shall not be collected on the tax roll. Where there is not a majority protest, the City Council may adopt, revise, change, reduce or modify any charge or overrule any and all objections, and make a final determination upon each charge described in the report. On or before August 10 of each year, the City Clerk shall file with the Auditor a copy of the report with a statement over his signature that the report has been finally adopted by the City Council, and the Auditor shall enter the amounts of the charges against each parcel on the assessment roll. GEORGE H. EISER, III City Attorney GHE/gmo ® Recycled Paper Company Overview PBS&I offers a strong national reputation, broad -based technical expertise, and a sincere commitment to client service. We Pledge Responsive Service PBS&J is keenly aware of the need for efficient and responsive service for all projects. The firm has a superior record of performance by successfully completing high quality projects within budget and on schedule. The specific needs of each client are addressed and incorporated into the planning and scheduling of each project. Proactive communications are maintained throughout the project. It is this responsive, personalized service that allows us to boast a high number of repeat business clients. We are committed to providing responsive service to the City of National City. Firm Background PBS&J, one of only a few large, employee -owned engineering firms, is consistently ranked among the top ten percent of design firms in the nation. The firm was founded in 1960, and is a registered corporation. We are currently ranked 25th by Engineering News Record, 5th in pure design. With more than 3,200 employees, PBS&J is able to serve clients through a network of 60 offices -nationwide. Our Southern California. staff includes over 190 full-time employees in our San Diego, Encinitas, Irvine, and Riverside offices. These staff members are skilled in a wide range of disciplines, including water and wastewater engineering civil and structural engineering, planning, surveying, and construction support and management services for various public works projects for city, county, state, and federal agencies. PBS&J is a multi -service engineering and consulting firm with expertise in four specific areas: environmental, transportation, civil engineering, and construction management. Our Southern California offices specialize in financial services and the planning, design, and construction management of water, recycled water and wastewater infrastructure projects. Our staff has managed all types of water and wastewater projects, from planning through construction, including water, sewer, recycled water, and storm drain master plans, pipeline designs, water and wastewater pump stations, sewer force mains, reservoirs, pressure regulating stations, surge control facilities, and more. PBS&J's extensive experience allows our staff to provide each client with a careful evaluation of constructability issues, the identification of potential problems, and practical, innovative solutions. PBS&J provides substantial benefits to each of our clients regardless of the size or complexity of the individual project. We can assign skilled people from any one of Comprehensive resources, proven service Page 1 PBS&J believes performance is optimized by providing unsurpassed service and value to our clients. our offices to assist on any given problem. This gives PBS&J the flexibility to customize our services to satisfy precise project requirements; to direct manpower and resources to meet emergency, unexpected, or additional service needs; and to provide project management capabilities to handle all types of projects. Our large, local offices bring many key benefits that set us apart from the competition. Our fields of expertise include: Water/Wastewater Services Master Planning System Assessment Program Management Pump Stations & Pipelines Wastewater Treatment Water Reclamation & Reuse Reservoir Design Water Treatment SCADA & Operational Guidance GIS/Information Services Comprehensive CAD Services Mapping Facilities Inventories & Databases Website Development Electronic Data Manipulation/ Translation • Municipal/District Engineering City Engineering Staff Services Assessment Engineering Plan Checking/Development Review Program Management Financial Planning Environment Documents & Permitting • Construction Management (PCM) Construction Observation Construction Management ❖ General Civil Engineering Site Civil Planning & Design Storm Drainage Facilities Street & Highway Design Wet Utility Design Qualifications PBS&J has built a successful reputation by providing quality engineering services to numerous cities, districts, and agencies in Southern California. A partial list of our public agency clients include: • • d• • 44. • • • • City of San Diego County of San Diego Irvine Ranch Water District City of Newport Beach City of Encinitas City of Del Mar City of Riverside City of Solana Beach City of Chula Vista San Dieguito Water District San Diego County Water Authority City of Oceanside City of Long Beach • B• City of National City City of Vista City of San Marcos City of Escondido City of La Mesa City of Carlsbad Carlsbad Municipal Water District San Elijo Joint Powers Authority South Coast Water District Elsinore Valley Municipal Water Dist. Vista Irrigation District City of Dana Point County of San Bernardino Comprehensive resources, proven service Page 2 Qualifications PBS&J's multi -disciplined capabilities, relevant, experience, and strong project team offers the combination of resources needed for this project A Specialized Project Team to Offer the City a Full Range of Financial and Engineering Services We have identified and committed a project team that provides the City with a large and widely experienced resource of municipal finance, information systems and project level engineers who will accomplish the cost-effective services necessary to complete the required 2005 Tax Roll Administration. Most importantly, our PBS&J staff is locally based and able to provide a wide range of services. The following are brief resumes of our management team members, project engineers, and technicians with whom you will be working on a daily basis. Upon review of these resumes, we believe the City will recognize a superior project team that will achieve the City's goals. Paul E. Cooley, P.E. Principal -in -Charge As Principal -in -Charge, Mr. Cooley will regularly monitor and review the overall efforts of the team. By periodically reviewing the project work, he will be able to measure the effectiveness and assure that services are regularly completed on time and in the most efficient manner possible. Mr. Cooley, a Vice President at PBS&J, has over 22 years of consulting experience. During the past 15 years, he has been Principal -in -Charge, Project Manager, and Project Engineer on a wide variety of advanced water/wastewater projects, including water and reclamation master plans; water and wastewater treatment plant pre -design, design and construction support; pipeline, reservoir, and numerous advanced water treatment plant designs. He has been responsible for QA/QC on systems ranging in cost from $500,000 to $10 million_ Financial Services Team Summary Karyn L. Keese Financial Services Project Director When financial services are required, Karyn Keese brings her 20 years of experience in public finance and management in the public and private sectors to find creative, effective financial solutions. Based in southern California Ms. Keese leads a talented staff of financial services specialists working on local, state, and national efforts. She has extensive experience throughout San Diego County in financial plans and cost -of -service studies, operating and capital budget systems, grants management, intergovernmental relations, and institutional and market analysis Comprehensive resources, proven service for water, wastewater, and storm water utilities. Ms. Keese has been the sewer rate consultant for the City since 1991. Ms. Keese will direct the project as well as provide technical support. Marial Paras Cairns, P.E. Financial Assessment Project Manager Mariel Paras Cairns is a Project Manager at PBS&J, with nine years experience providing a wide range of financial and engineering services to public agencies throughout San Diego County. Ms. Cairns has extensive experience in financial analyses including rate studies, long range planning, connection fee studies, and forming special financing districts. Her engineering experience, in planning and design of water and sewer infrastructure, capital improvement program management, and comprehensive plan checking reviews of public improvements and private land development projects, complements her work on fmancial projects. She worked closely with Karyn Keese on the studies for the City of National City, City of Chula Vista, City of La Mesa, City of Vista and Buena Sanitation District, and four of the County of San Diego's sewer districts. Ms. Cairns will provide project coordination between financial services and information solutions. Amanda Lopez Project Analyst Ms Lopez was the fmancial services project analyst for the tax roll conversion project in 2003 for the City of National City. Ms. Lopez assisted in successfully converting the City's direct billing system to the San Diego County Assessor's roll on a fast track basis. Following through with the project she pulled from three different resources to fmalize and detail each parcel, ensuring that the information on the tax rolls was correct. She also provided customer service for those inquiring about the new sewer service changes. She will service as project analyst for the 2005 sewer service tax roll project. Currently she is coordinating office operations for the County of San Diego Fire Debris Clean Up project. This involves working closely with the County to ensure the project is running smoothly and is cost efficient. This involves coordinating and executing tasks with field operations, office operations, information systems operations, as well as a third parties consisting of contractors and haulers. Information Solutions Brad Scott Information Solutions Group Program Manager Brad Scott is the Program Manager of PBS&J's San Diego Information Solutions group. He has experience in Geographic Information Systems (GIS), digital cartographic databases, relational database management, programming and web development. His expertise includes system needs assessments, application development, programming, spatial analysis, cartography and data collection/creation. As a Senior Information Solutions Developer, Mr. Scott is a technical leader with expertise on a variety of projects. He has led mapping, data conversion and spatial analysis efforts for recent master planning and assessment projects, including the National City Tax Roll Conversion, the Carmel Valley Trunk Sewer, the San Diego CCTV Video Inspection Project, the Otay Mesa Trunk Sewer Alignment Study and the Poggi Canyon Trunk Sewer Study. In addition, Comprehensive resources, proven service Mr. Scott has significant experience in the production and maintenance of digital cartographic databases, and has recently managed several ArcGIS based digital atlas projects. Those projects include an Aerial Atlas for the City of Dana Point, a master plan mapping atlas for the City of Encinitas, which included a citywide CAD to GIS data conversion, and is currently involved in developing a Sewer Mapping Application for the City of La Mesa. Mr. Scott will perform the information systems quality control and mapping efforts. Comprehensive resources, proven service AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PBS&J THIS AGREEMENT is entered into this 4th day of May, 2004, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and PBS&J, Inc. (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to conduct on- going Sewer Billing /Tax Roll Administration and any as needed Financial Services for Sewer rate analysis for Fiscal Year 2004-2005. WHEREAS, the CITY has determined that the CONSULTANT is a corporation and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings as required to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. :ad August 2003 Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. The CONSULTANT is notan employee CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or sub CONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever Revised August 2003 CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (!i) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been ,or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT 's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall -require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: X( 1 A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. S Revised August 2003 the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60- day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall Revis^d August 2003 City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such Revised August 2003 An employee -owned company ATTACHMENT A SCOPE OF SERVICES 2004-2005 TAX ROLL ADMINISTRATION In response to your request, PBS&J is pleased to submit this proposal to you for financial services for the City of National City (Client). I. SCOPE OF SERVICES Based on our current understanding of the Project, PBS&J will provide the following services: A. Tax Roll Preparation Based on current County Assessor's information, the sewer customer database will be updated and matched with the Sweetwater Authority's water accounts and annual usage. From this information, current sewer charges will be calculated based on the sewer user rates for 2004-2005. The list of sewer charges will be prepared for approval by the City Council and then submitted to the County for processing on the property tax rolls. Direct bills will be sent to the Navy since they cannot be billed with the property tax bills. B. Respond to Customer Inquiries This task provides for responses to customer phone calls and inquiries regarding the annual service charges. This proposal assumes that 50 phone calls will be received and that 20 customers will request detailed breakdowns, in the form of written correspondence, regarding their sewer bills and usage (if there are multiple meters on one property). If additional calls are received, they will be addressed as additional services. C. As Needed Financial / Arrrnmting Tasks: This task provides for as needed billing database or financial services that are not included in the above -mentioned Tasks. This would be on a task order basis and may include: the assessment of water use data, updated budget information and revenue requirements. Other tasks may include council or public workshops or meetings or written reports. We have included a not to exceed amount of $10,000 for this contingency. 175 Calle Magdalena g Encinitas, California 92024 a Telephone: 760.753.1120 0 Fax 760.753.0730 a www.pbsj.com An employee -owned company ATTACHMENT B FEES AND CONDITIONS 2004-2005 TAX ROLL ADMINISTRATION FEES AND CONDITIONS A. The Services described in Section I, Scope of Services, will be provided on an hourly rate basis with an estimated upper limit of $45,603. B. The fees for the Services described. in Section II, Additional Engineering Services, will be provided on an hourly rate basis in accordance with the PBS&J Standard Rate Schedule in effect at the time the services are performed. A copy of the current Standard Rate Schedule is attached. 175 Calle Magdalena 0 Encinitas, California 92024 0 Telephone 760.753.1120 0 Fax: 760 753,0730 0 www.pbsj.com TO: City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, Ill • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 Mayor and City Council DATE: April 21, 2004 FROM: City Attorney SUBJECT: Procedures for Collecting Sewer Charges on the Tax Roll The following summarizes the procedures for collecting sewer charges on the tax roll. These procedures are set forth in Sections 5470-5474.10 of the California Health and Safety Code, as well as in Chapter 14.04 of the National City Municipal Code. Last year, the City Council enacted an ordinance authorizing collection of sewer charges on the tax roll. After adopting such an ordinance, the City may cause a written report to be prepared each year and filed with the City Clerk, which shall contain a description of each parcel of real property receiving sewer services, and the amount of the charge for each parcel for the year. The City Clerk must then cause a notice of the filing of said report and of a time and place of a hearing to consider the report to be published once a week for two successive weeks. At the time of the hearing, the City Council shall hear and consider all objections or protests to the report. If the Council finds that protest is made by the owners of a majority of separate parcels of property described in the report, then the report shall not be adopted and the charges shall not be collected on the tax roll. Where there is not a majority protest, the City Council may adopt, revise, change, reduce or modify any charge or overrule any and all objections, and make a final determination upon each charge described in the report. On or before August 10 of each year, the City Clerk shall file with the Auditor a copy of the report with a statement over his signature that the report has been finally adopted by the City Council, and the Auditor shall enter the amounts of the charges against each parcel on the assessment roll. GHE/gmo GEORGE H. EISER, III City Attorney Mk RrevAp.l Panpr 1< 10-03-2003 12:54pm From-PBS&J LEGAL MIAMI 305-599-2T39 ILI I T 1111.7ViV18ilv8— T-268 P 002/003 F-944 LUj U.T/caw PAGDvcER (305)822-7800- FAX 3058270585 Collinsworth, Alter, Fowler, Dowling & French Group Inc. P. O. Box 931S Miami Lakes, FL 33014-931S �'TEIS SSCDSAMAATERONNF0R�N SyROcbAEAT HOLDER. TENS CERTI 1CATE DOES NOT AMENO. EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BEI-OW. INSURERS AFFORDING COVERAGE NAICN ,NSURED Post, Buckley, Schuh, & )ernigan,!nc. d/b/a PBS&) 2001 NW 107 Avenue Miami, FL 33172-2507 NSLRERA Continental Casualty Company A (V ti.aERB American Casualty Co Reading A ACV NSr1RFmc Lloyds of London A- XV INSLRERCr NSIRHLE GOYEHA{sJ: TNE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO TIE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOmiThSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHlCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. TIE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU 111E TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS MOWN MAY HAVE SEEN REOUCED BY PAID CLAIMS. N9R A'�7— L1R TYPE OF OF INSURANCE POUCTNUABER y ' p PMTEfM2mp�7M°N WATS A N+RRo GENERALLIABS.RY x COAw£RCw.ce+MALLIABUN GL247843206 09/30/2003 09/30/2004 EACROCOOMEICX T 1,000,000 . .. m $ 1.000,000 1 a.Aws mnbE Q OCR qEO P WWW,AABM0R 1 25,000 $ 1,000,000 X Contractual Liab PEWAWSAADVWAIN CEtERAL+GCREOATE FPHOOJCtS-CC $ 2,000.000 GFNt AseR6GA1E oaf APPLES PER -1 n 714 n Loc OPAOG $ 2,000,000 AOYV Avowal:NELMmtiry X 7i X MN An ALLO,ar®Auros SCICOULED MITOS rmeo AU1Os NovomelroAurae Contractual Liab BUA247843223 09/30/2003 09/30/2004 ccommeomat.ELMI t ppp, 1, 000, B�DN s Y s jr X sm ummse s LCARAGELJetWY NW AND MRotiti.T -EA AOCBEKT S EA ACC S AUTOOtLY' AG6 S A EXCEEMAIRRELIAMAmtm Moms X n cLAALSNNDE ouslonlT RETENTDN s 10,000 CUP2068179760 00/30/2003 09/30/2004 EAcawtasxENCE s 10.000,000 AGGREO.t1E S 10. 000, 000 s T c YON/No AMFROPiETOR.PA0.nrSRE%ECURvE OFRCEwAtMEER FA.-I,nFm $PECMLI�'L VAOLosow iG247443268 pp NO 09/30/2003 09/30/2004 X f ri1 [ EL.F.AA1nACCOENT u 1,000,000 Ei..OISEASE-EAELsLofEE s 1,000.000 s 1.000,000 Limits Aggregate Retrodate ELMEASE.POLCTLPR C Pw'essional/Pollutio n Liability P42303 CLAIMS-NiDE FORM 09/30/2003 04/30/2004 S1,000,000 Ea Claim and Annual 11/11/1961 OERCROVONOF TIONioLOOPIER:IVEHICLES /EIUMUSI0 ar@IDORSEMOTI PECML PROVISIONS Agreement Re: City of national City Standard Agreement Revisions. The City and is officers, agents and employees are named as additional insureds on the General liability; said plicies hall be primary and non-contributory to that of the named additional insureds - Issuing companies will provide 30 days written notice of cancellation, non -renewal and/or material reduction of coverage/limits. CERTIFICATE HOLDER City of National City 1243 National City Blvd National City, CA 91950-4301 ^CORD 25 (2001f0O) CANCELLb'L INOULDANfOF nig Awe O $cRIBEDPCUCIEe Be CANCELLEOBBORE THE E)PRAnWNDATE.TNEREOF.THE IiSUINOMAURERWLL ENDEAMORTO MAIL - 3O DArS WRITTEN RO1 ETOTHE CERTIFICATE HOLDER NMEDTO TNELEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL WORE NO OBLIGATION OR LIABILITY o6 SWAM UPON DE NeURER MS AC@MMM OR REPRE6ENTArms. AUTHORING REPRESEMATNE Meade Collinsworth/EEC OAC.ORDCORPORATION i989 10-03-2003 12:54pm From-PBS&J LEGAL MIAMI 305-599-2T39 T-268 P.003/003 F-944 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISC►A►MER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer. and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AGORO 25 (200 10a) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 05/04/04 TEEM TITLE PREPARED BY EXPLANATION See attached Staff Report. 8 AGENDA ITEM NO, Resolution of the City Council of the City of National City Authorizing the Mayor to Implement the Multi -Hazard Mitigation Plan Walter Amedee, DEPARTMENT Mgmt. Analyst, 619/336-4556 Environmental Review X WA, Fire Financial Statement The implementation of many of the City of National City's goals, objectives, and action items will be accomplished through the use of operating funds identified through the annual budgeting process. The remaining items will be accomplished with federal or state grant funding. Account No. STAFF RECOMMENDATION Adopt the Multi Jurisdiction Hazard Mitigation Plan and direct staff to implement the recommended actions assigned in the Plan. EC4.F) ! COMMISSION RECO E ATION N/A n. s 'Listed e!eam) PrI 2. Staff Report. 3. City of National City's Goals, Objectives and Action Steps from the Plan. 4. City of National City's 'Prioritization and Implementation of Action Items from the Plan. tart bra. A -too (/80 STAFF REPORT SAN DIEGO COUNTY MULTI -JURISDICTION HAZARD MITIGATION PLAN ISSUE Should the City Council endorse the San Diego County Multi -Jurisdiction Hazard Mitigation Plan? BACKGROUND The Disaster Mitigation Act of 2000, signed into law on October 30, 2000 (Public Law 106-390) requires all jurisdictions to have an approved hazard mitigation plan in place prior to November 1, 2004 in order to qualify for hazard mitigation program grants and post disaster mitigation funds. The Federal Emergency Management Agency (FNMA) was charged with implementation of the Act through Part III Federal Register 44 CFR Parts 201 and 206. The law required the following related to natural disasters: • Identification and assessment of risks related to disasters • Implementation of adequate measures to reduce losses • Ensuring critical services and facilities will continue to function after the disaster Approval of this Plan meets those requirements. The San Diego Operational Areal is one of the first in the State to develop a plan on a region -wide basis, and the Plan will likely be considered a model for other agencies to follow. DISCUSSION In June 2003, the County of San Diego Office of Emergency Services and their consultant, URS Corporation, began meetings with the City of National City and other cities and jurisdictions within the County to develop a Multi -Jurisdiction Hazard Mitigation Plan (Plan) to comply with the federal law. The Plan is a pre -disaster strategic plan that serves as a guideline to lowering the risk and exposure to natural disasters. The planning process for development of the Plan consisted of: • Organizing resources — establishing a planning team • Assessing risks — identifying hazards, profiling hazard events, conducting an inventory of assets, and estimating losses • Developing a plan — developing goals and objectives, identifying and prioritizing mitigation measures, preparing a strategy, and documenting the mitigation plan • Implementation strategy — adopting the plan, implementing the action items, and evaluating the results The Operational Area includes the San Diego County and the incorporated cities within the County. Planning team members from various City departments involved in hazard mitigation planning, including Building, Fire, Planning, Police, and Public Works provided input to the National City Local Planning Group (LPG). The National City LPG members were: • Kathleen Trees (Building and Safety Department) • Donald Condon (Fire Department) • Walter Amedee (Fire Department) • Roger Post (Planning Department) • Mike Harlan (Police Department) • Din Daneshfar (Public Works/Engineering Department) Specific goals, objectives, and action items applicable to the City of National City were developed after reviewing the current capabilities of the City of National City to lessen the impact of natural disasters. The following hazards were deemed critical for San Diego County: • Structural Fire/Wildfire • Earthquake • Coastal Storms/Erosion/Tsunami • Landslide • Dam Failure • Floods • Other Human Caused Hazards (Technological Hazards — hazardous materials) In November 2003 a draft of the City of National City's goals, objectives, and action items was presented to the Acting City Manager for initial review. These goals, objectives, and action items will: • Enhance public awareness and understanding • Create a decision tool for management • Provide compliance with State and Federal program requirements • Enhance local policies for hazard mitigation capabilities • Provide inter -jurisdictional coordination of mitigation related programming • Achieve regulatory compliance Over a period of three weeks beginning January 22, 2004, and ending February 4, 2004, URS conducted a series of public workshops in the County to solicit input for the Plan. A meeting was held at the Public Works Corporate Yard in Chula Vista on January 29, 2004. In February 2004, the County issued the Draft Plan, with the City of National City being one of the elements. This draft was submitted to each of the participating departments for their review 2 prior to plan finalization on March 5, 2004. The County's Unified Disaster Council also reviewed and approved the Plan. FISCAL IMPACT The implementation of many of the City of National City's goals, objectives, and action items will be accomplished through the use of operating funds identified through the annual budgeting process. The remaining items will be accomplished with federal or state grant funding. STAFF RECOMMENDATION 1. Adopt Multi -Jurisdiction Hazard Mitigation Plan 2. Direct staff to implement the recommended actions assigned in the Plan. Attachments: 1. City of National City's Goals, Objectives and Action Steps from the Plan 2. City of National City's Prioritization and Implementation of Action Items from the Plan 3 City of National City Goals, Objectives and Action Items (Excerpt of the San Diego County Multi -Jurisdiction Hazard Mitigation Plan) 5.13.2.2 Objectives and Actions The City of National City developed the following broad list of objectives and actions to assist in the implementation of each of their 10 identified goals. The City of National City developed objectives to assist in achieving their hazard mitigation goals. For each of these objectives, specific actions were developed that would assist in their implementation. A discussion of the prioritization and implementation of the action items is provided in Section 5.13.2.3. Goal 1: Promote disaster resistant future development. Objective 1.A: Continue to address natural hazards in future general plan updates. Action 1.A.1 Continue to update the General Plan periodically. Action 1.A.2 Continue to update the Land Use Code periodically. Objective 1.B: Encourage and facilitate the adoption of building codes that protect renovated existing assets and new development in hazard areas. Action 1.B.1 Adopt and implement current codes per state cycle. Action 1.B.2 Adopt and implement existing building codes Action 1.B.3 Adopt and implement lead -based paint ordinance. Objective 1.C: Encourage consistent enforcement of the National City land use code and building codes. Action 1.C.1 Encourage Development Services Group (DSG) meetings quarterly. Action 1.C.2 Train staff on current Land Use and Building Codes. Objective 1.D: Discourage future development that exacerbates hazardous conditions. Action 1.D.1 Maintain and update the Flood Plain Ordinance periodically. Action 1.D.2 Continue to update Land Use Codes periodically. Objective 1.E: Address identified data limitations regarding development in hazard areas. Action 1.E.1 Implement Geographic Information System (GIS) program citywide. Action 1.E.2 Use GIS and Census data to locate hazard areas in development zones. 4 Goal 2: Promote public understanding, support and demand for hazard mitigation. Objective 2.A: Educate the public to increase awareness of hazards and opportunities for mitigation actions. Action 2.A.1 Conduct workshops with community businesses on hazards. Action 2.A.2 Establish a community risk reduction campaign. Objective 2.B: Promote partnerships between the state, counties and local governments to identify, prioritize and implement mitigation actions. Action 2.B.1 Participate in workgroup activities with the County Office of Emergency Services (OES), Unified Disaster Council (UDC). Action 2.B.2 Participate in workgroup activities with other municipalities. Action 2.B.3 Participate in workgroup activities with SANDAG. Action 2.B.4 Participate in workgroup activities with Caltrans. Objective 2.C: Promote hazard mitigation in the business community. Action 2.C.1 Conduct workshops with Community Businesses. Action 2.C.2 Conduct informational meetings with Community Groups. Objective 2.D: Monitor and publicize the effectiveness of mitigation actions implemented citywide. Action 2.D.1 Develop method to keep community informed of progress. Objective 2.E: Discourage activities that exacerbate hazardous conditions. Action 2.E.1 Implement code enforcement for building without permits. Action 2.E.2 Implement code enforcement for hazardous occupancies in accordance with adopted codes. Goal 3: Build and support local capacity and commitment to continuously become less vulnerable to hazards. Objective 3.A: Increase awareness and knowledge of hazard mitigation principles and practice among local officials. Action 3.A.1 Conduct workshops with Community Officials Action 3.A.2 Adopt ordinance for reduced fees on hazard mitigation projects. 5 Goal 3: Build and support local capacity and commitment to continuously become less vulnerable to hazards. (Continued) Objective 3.B: Develop a hazard mitigation plan and provide technical assistance to implement the plan. Action 3.B.1 Action 3.B.2 Action 3.B.3 Work with consultants to develop hazard mitigation plan. Implement hazard mitigation plan recommendations. Establish HAZUS pilot program (GIS Based Community Risk Assessment Program). Goal 4: Improve hazard mitigation coordination and communication with federal, state and local governments. Objective 4.A: Establish and maintain closer working relationships with state agencies and local governments. Action 4.A.1 Work with California U.S. Earthquake Consortium (CUSEC), National Institute for Building Sciences, Chamber of Commerce, American Red Cross, County Office of Emergency Services (OES), Unified Disaster Council (UDC), and Federal Emergency Management Agency (FEMA) to develop mitigation plans. Action 4.A.2 Work with other municipalities to develop mitigation plans. Objective 4.B: Encourage other organizations to incorporate hazard mitigation activities. Action 4.B.1 Hold seminars to encourage public and other organizations to take mitigation actions. This initiative can be developed in modular format to address the information needs of a range of target groups. Action 4.B.2 Work with neighboring municipalities to develop joint mitigation plans. Objective 4.C: Improve the City's capability and efficiency at administering pre - and post- disaster mitigation. Action 4.C.1 Work with consultants to develop hazard mitigation plan. Action 4.C.2 Maintain an Emergency Response Plan. Action 4.C.3 Schedule Emergency Response Plan Exercises. Action 4.C.4 Educate public with pre -and post disaster advise. 6 Goal 5: Reduce the possibility of damage and losses to existing assets, particularly people and critical facilities/infrastructure due to earthquakes. Objective 5.A: Develop a comprehensive approach to reducing the possibility of damage and looses due to earthquakes. Action 5.A.1 Prepare detailed Engineering Evaluation High of Risk Bridges. Action 5.A.2 Use Bridge/Access Design Standards. Action 5.A.3 Maintain an Emergency Response Plan. Action 5.A.4 Schedule Emergency Response Plan Exercises. Action 5.A.5 Provide information to public of seismic risks through Housing Program. Action 5.A.6 Maintain search and rescue equipment deployment objectives. Action 5.A.7 Determine structural safety of buildings to be used for care and of shelter evacuees. Objective 5.B: Protect existing assets with the highest relative vulnerability to the effects of earthquakes Action 5.B.1 Adopt and implement existing building codes. Action 5.B.2 Conduct informational meetings with Community Groups. Objective 5. C.: Coordinate with and support existing efforts to mitigate earthquake hazards. Action 5.C.1 Work with Central U.S. Earthquake Consortium (CUSEC). Action 5.C.2 Work with Caltrans. Objective 5.D: Address identified data limitations regarding the lack of information about the relative vulnerability of assets from earthquakes. Action 5.D.1 Implement GIS program citywide. Action 5.D.2 Use GIS and Census data to locate vulnerable buildings. Goal 6: Reduce the possibility of damage and losses to existing assets, particularly people and critical facilities/infrastructure due to floods. Objective 6.A: Develop a comprehensive approach to reducing the possibility of damage and losses due to floods. Action 6.A.1 Maintain Flood Retrofitting for Residential Structures. Action 6.A.2 Maintain Storm Water System in Operable Conditions. Action 6.A.3 Reduce Impervious Surfaces Action 6.A.4 Maintain an Evacuation Plan. Action 6.A.5 Maintain search and rescue equipment deployment objectives. Objective 6.B: Protect existing assets with the highest relative vulnerability to the effects of floods within the 100-year floodplain. Action 6.B.1 Construct water barriers as necessary. Action 6.B.2 Construct detention basins as necessary. Objective 6.C: Coordinate with and support existing efforts to mitigate floods (e.g., U.S. Army Corps of Engineers, US Bureau of Reclamation, California Department of Water Resources). Action 6.C.1 Participate in workgroup activities with the County. Action 6.C.2 Participate in workgroup activities with the Caltrans. Action 6.C.3 Participate in workgroup activities with the other municipalities. Objective 6.D: Minimize repetitive losses caused by flooding. Action 6.D.1 Prepare and implement Best Management Practices. Action 6.D.2 Schedule Flood Mitigation and recovery Interactive Exercises. Objective 6.E: Address identified data limitations regarding the lack of infonnation about the relative vulnerability of assets from flooding. Action 6.E.1 Implement GIS program citywide. Action 6.E.2 Use GIS and Census data to locate vulnerable buildings. Action 6.E.3 Prepare Hydrology Studies as necessary. Action 6.E.4 Use Hydrological Modeling Techniques. 8 Goal 7: Reduce the possibility of damage and losses to existing assets, particularly people and critical facilities/infrastructure due to structural fire/wildfire. Objective 7.A: Develop a comprehensive approach to reducing the possibility of damage and losses due to structural fire/wildfire. Action 7.A.1 Maintain a Fire Prevention Program. Action 7.A.2 Maintain a Pre -Fire Plan Program. Action 7.A.3 Maintain a Fire Suppression Program. Action 7.A.4 Maintain a Housing Inspection Program. Action 7.A.5 Maintain a Business License Inspection Program. Action 7.A.6 Maintain a Housing Outreach Program. Action 7.A.7 Maintain/update all Arson Registrants with required registration and conditions of probation or parole. Objective 7.B: Protect existing assets with the highest relative vulnerability to the effects of structural fire/wildfire. Action 7.B.1 Maintain response times, pumping capacity and apparatus and equipment deployment objectives. Action 7.B.2 Maintain adequate staffing to meet fire suppression objectives. Action 7.B.3 Maintain standard operating procedures for fire ground operations. Action 7.B.4 Eliminate non -fire resistant roofs. Action 7.B.5 Install automatic fire detection and extinguishing systems in buildings according to adopted codes. Objective 7. C: Coordinate with and support existing efforts to mitigate structural fire/wildfire. Action 7.C.1 Maintain mutual/auto aid agreements with neighboring municipalities. Action 7.C.2 Maintain a plan check system to insure buildings are built in accordance with adopted codes. Action 7.C.3 Conduct evacuation drills in high rise buildings. Action 7.C.4 Maintain/update all Arson Registrants with required registration and conditions of probation or parole. 9 Goal 7: Reduce the possibility of damage and losses to existing assets, particularly people and critical facilities/infrastructure due to structural fire/wildfire. (Continued) Objective 7.D: Address identified data limitations regarding the lack of information about the relative vulnerability of assets from structural fire/wildfire. Action 7.D.1 Implement GIS program citywide. Action 7.D.2 Use GIS and Census data to locate vulnerable buildings. Action 7.D.3 Join the County Regional Communications System (RCS) and update Fire/Police Department radios. 10 City of National City Prioritization and Implementation of Action Items (Excerpt of the San Diego County Multi -Jurisdiction Hazard Mitigation Plan) 5.13.2.3 Prioritization and Implementation of Action Items Once the comprehensive list of jurisdictional goals, objectives, and action items listed above were developed; the proposed mitigation actions were prioritized. This step resulted in a list of acceptable and realistic actions that address the hazards identified in each jurisdiction. This prioritized list of action items was formed by the LPG weighing STAPLEE criteria. The Disaster Mitigation Action of 2000 (at 44 CFR Parts 201 and 206) requires the development of an action plan that not only includes prioritized actions but one that includes information on how the prioritized actions will be implemented. Implementation consists of identifying who is responsible for which action, what kind of funding mechanisms and other resources are available or will be pursued, and when the action will be completed. The top 10 prioritized mitigation actions as well as an implementation strategy for each are: Priority Action #1: Maintain response times, pumping capacity, and apparatus and equipment deployment objectives. Coordinating Individual/Organization: Fire Department Potential Funding Source: City General Fund, Community Development Block Grant along with other applicable funding sources. Implementation Timeline: July 2004 - August 2007 Priority Action #2: Maintain/update all Arson Registrants with required registration and conditions of probation or parole. Coordinating Individual/Organization: Police Department Potential Funding Source: General/Other Applicable Funds Implementation Timeline: FY 03/04 Priority Action #3: Work with the Anti -Terrorism Advisory Council (ATAC). Coordinating Individual/Organization: Police Department Potential Funding Source: General/Other Applicable Funds Implementation Timeline: FY 03/04 Priority Action #4: Adopt and implement lead based paint ordinance. Coordinating Individual/Organization: Department of Building & Safety Potential Funding Source: General Fund/HUD Lead Based Paint Hazard Reduction Grant Fund Implementation Timeline: April 2004 — April 2005 Priority Action #5: Continue Maintenance of the Storm Water System in Operable Conditions Coordinating Individual/Organization: Department of Public Works/Engineering Potential Funding Source: CDBG, Gas Tax, Sewer System Maintenance, and General Funds Implementation Timeline: FY 03/04 Priority Action #6: Implement code enforcement for buildings without permits. Coordinating Individual/Organization: Department of Building & Safety Potential Funding Source: Citation fees/General fund Implementation Timeline: July 2004 — July 2006 Prt6rity Action #7: Maintain a Fire prevention Program Coordinating IndividuallOrganization: Fire Department Potential Funding Source: General/Other Applicable Funds Implementation Timeline: July 2004 - August 2007 Priority Action #8: Implement GIS Program Coordinating Individual/Organization: Department of Public Works/Engineering Potential Funding Source: General/Other Applicable Funds Implementation Timeline: FYs 2003 through 2005 Priority Action #9: Continue to update General Plan periodically. Coordinating Individual/Organization: Planning Department Potential Funding Source: General Fund Implementation Timeline: FY 03/04 Priority Action #10: Continue to update Land Use Code periodically. Coordinating Individual/Organization: Planning Department Potential Funding Source: General Fund Implementation Timeline: FY 03/04 12 RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO IMPLEMENT THE MULTI -JURISDICTION HAZARD MITIGATION PLAN WHEREAS, the City of National City has experienced natural, technological, and human -caused disasters on many occasions in the past 50 years, resulting in property loss, loss of life, economic hardship, and threats to public health and safety; and WHEREAS, the majority of San Diego County's 2.9 million residents live in areas subject to these disasters; and WHEREAS, a Multi -Jurisdiction Hazard Mitigation Plan (the Plan) has been developed after more than one year of research and work by the County of San Diego and all eighteen (18) Cities in the county; and WHEREAS, the Plan recommends many hazard mitigation actions that will protect the people and property affected by the natural and manmade hazards that face San Diego County, and WHEREAS, public meetings were held throughout the county to review the Plan as required by law; and WHEREAS, mitigation measures have been shown to be effective in saving lives and reducing property damage caused by disasters. NOW, THEREFORE, BE IT RESOLVED that the Plan is hereby adopted as an official plan of the City of National City. IT IS FURTHER RESOLVED that the City Manager will direct City staff to implement the recommended actions assigned in the Plan. PASSED and ADOPTED this 4th day of May, 2004. ATTEST: Michael R. Dalla, City Clerk Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney MEETING DATE May 4, 2004 City of National City, California COUNCIL AGENDA STATEMENT 9 AGENDA ITEM NO. 'ITEM TITLE Notice of Decision — Approval of a Conditional Use Permit for the expansion of the Jollibee fast food restaurant in Plaza Square shopping center at 1401/�Plaza Bouelvard (Applicant: FastTrac Solutions) (Case File no.: CUP-2004-8) ��/✓/6/p PREPARED BY Roger G. Post, 336-4310 DEPARTMENT Planning EXT. EXPLANATION The project site is located at the northeast corner of Plaza Boulevard and N Avenue in the Plaza Square shopping center. The 2.6 acre center is located in the General Commercial (CG) Zone along a major commercial corridor (Plaza Boulevard) within National City. Existing site development consists of several buildings with a total of approximately 26,231 square feet of retail space, including the existing 1,800 square foot Jollibee restaurant, and a 139 space surface parking lot. Jollibee, a prominent Filipino fast food restaurant is located near the southwest comer of the center, and is very visible from both Plaza Boulevard and N Avenue. It faces south toward Plaza Boulevard and has a 10 to 20 foot wide drive-thru lane on its east side. There is existing outside seating on the south side of the building adjacent to the existing dining area. The applicant's proposal is to expand the existing dining area of Jollibee. The approximately 300 square foot addition will be where there is currently an outdoor seating area. Also, several tables for outdoor seating will be placed in front of the restaurant and a small storage room will be added to the rear of the building. Finally, the 20 foot wide portion of the existing drive-thru lane will be narrowed to 10 feet. The additions to the restaurant will be done to match the existing building, and the area no longer needed as a drive-thru aisle will be landscaped consistent with the existing site landscaping. Planning Commission held a public hearing on this item at their April 5, 2004 meeting. There was no public testimony; however, the Commissioners discussed the number of additional seats, the proposed landscaping and the functionality of a narrower drive-thru lane. They voted to approve the Conditional Use Permit finding that the propsoal would enhance the overall service and appearance of an existing fast food restaurant. Environmental Review X N/A Categorical Exemption MIS Approval Financial Statement NIA 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 / COMMIS ION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Vote: Ayes- Pruitt, Carrillo, Saludares, Alvarado, Flores, Baca, Graham Absent- Martinelli, Reynolds ATTACHMENTS ( Listed Below Resolution Noe 1. Planning Commission Resolution No. 11-2004 3. Site photographs 2. Location Map 4. Site plan, floor plan and building elevations A-200 (Rev. 7/03) RESOLUTION 11-2004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF THE JOLLIBEE FAST FOOD RESTAURANT IN PLAZA SQUARE SHOPPING CENTER AT 1401 PLAZA BOULEVARD APPLICANT: FASTTRAC SOLUTIONS CASE FILE NO. CUP-2004-8 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the expansion of Jollibee fast food restaurant in Plaza Square shopping center at 1401 Plaza Boulevard at a duly advertised public hearing held on April 5, 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. CUP-2004-8, 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 April 5, 2004, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the 2.6 acre shopping center can accommodate the small additions, which total approximately 400 square feet, to an existing fast food restaurant. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the approximately 200 additional Average Daily Trips (ADT) generated by the proposal can be accommodated by Plaza Boulevard, a prime arterial with a capacity of 50,000 ADT, because it is operating at less than half of its capacity. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the major commercial corridor that Plaza Square shopping center is located in is designed and intended for fast food restaurants and other retail corrunercial uses. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since Jollibee restaurant will be able to serve more customers at any one time, and since Jollibee is one of the many Filipino businesses along Plaza Boulevard that the Filipino Village master planning effort intends to advance. BE IT FURTHER RESOLVED that the application for Zone Variance is approved subject to the following conditions: 1. This Conditional Use Permit authorizes an approximately 400 square foot addition to Jollibee fast food restaurant at 1401 Plaza Boulevard. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. CUP-2004-8, dated 3/3/2004. 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. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 4. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 5. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 6. 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 four by the City Attorney and signed by the Planning Director prior to recordation. 7. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of April 19, 2004, by the following vote: AYES: PURITT, CARRILLO, SALUDARES, ALVARADO, FLORES, BACA, GRAHAM NAYS: ABSENT: MARTINELLI, REYNOLDS ABSTAIN: ZONE BOUNDARIES ®' ® PROJECT LOCATION Expansion of Jollibee restaurant at 1401 Plaza B NATI"®NAL CITY PLANNING mommeamimi DRN. DATE: 3/23/04 INITIAL HEARING: 4/5/04 Jollibee Site Photographs View from Southeast comer of Plaza Blvd. and N Ave. View from the Northeast corner of Plaza Blvd. and N Ave. View of restaurant from Southwest corner of Plaza Blvd. View of drive -through from the Northeast corner of Plaza Blvd. and N Ave. Rear view for restaurant. PLAZA BLVD. b 4 SITE PLAN altar -te-P Q wog am wwaa was IMMO asua D1 arm tot of FasTrac Solutions EnNNament.Sil. 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P0OWDE DOOR MOUNTED Nano o WORKROOM M10 SEINC[ DOORS (TO or MSIx2O AND VE06Y➢ AS XECWX[0) 2 wxENE LCC0SE15 ARE INSTALLED. CONTRACTOR SW1L YEM, 0000 SWING IN ORDER 10 sccCI 'NMDEC' LOCNS(T. 1 PPWIOS S1G1UOE TO READ'. -.ESE ODORS SHALL RwAN 0NIOCxm DOTo.O euSw55S N0uR5- ABOVE DOORWA. ASE REC0NE0 BY COD 0. ALL ([T[m0R DOORS AND 1dLA 000N DOORS SHALL OE SELE-CL05WG. N FLOOR 3 r--aaFF POAN(EXPANSION) KEYED NOTES El Musses o `�❑ �aasaw rower ape sr p ...a«ss. 13 max wow ipaelaitem LEGEND --. DONaal. as Er s1a ws rY FasTrac Solutions EnEtl0menl.0(N S urvaya w Pen0IL Expediting I moan 2 INN Mlle 11/a5/03 $Mil le ABC UMW Mn Y IMO t FLOOR PLAN 3j aaar mom A 2.0 A5 NOTED SHER NAM t0UM. io 26fc R,ww I4 Itllp [� R7M ww -, MI UMW. 9. 3,),tatot to p To z5 cmw 70004 To wta [vsw OI ((5 0MID 0.1PJO @) [eow. wR m In) [vmv¢ wva a P to owe twaaa 01* a WEST ELEVATION - D BCM. D/e' m r-B" EAST ELEVATION - B SCALE D/S' . r-r • m u pwxm Re03303 w Men 3=4 GE OWa 1135534 pB SgVw 1WI 1 bWIP1(R4i R,aIXO pB xS [Rw IV Stow¢ ATF (M 4S KNOW NW 0.- hh vWl0*401 L 44*5500. xN Ix x M( c 091n 0* aoec a.xa t0uo ELEV. OF DRIVE-THRU WINDOW O 00 °#oaixc la 4i vaw a xpa rmno N MP OWN) M x[1WT.40* tv ". 00I KS®t DM 1,1,6133. 10 0 WW0* Nvuq[RAC0.teo'A R` ryx.mooze 00 45. m+swc a.xa [mmc eon e In I510050 cex ow+ SOUTH ELEVATION - O SOME I I' -,b' (7) 5tgxal0* M ouu nmxx oow*- NORTH ELEVATION - A MAW ram .Ci1K w+x us GENERAL NOTES: Melt SA. *) MUIRNNW= OMIL[S61{1%SSS4ISS Mk SOSR FasTrac Solutions En4llement.9lb Survey.PnmrN 035.53104 so�ifSe+t �ine.�[� wv. �a.um,s.9ry nun• ® - 0 w W G Q la dtaz W 3 LC Z ® W sIC MIMIC C 3 N OW NSt Mt. OS/OS W AIN o ABC O P1 ▪ E AS x0STB 1 6- ODE NAME ELEVATIONS i MT ISrOI A4.0 FETING DATE May 04, 2004 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 10 ITEM TITLE WARRANT REGISTER #40 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #40 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. STAFF RECOMMENDATION Approved By Finance Director Account No. I recommend ratification of these warrants for a total of $ 110,242.55. BOARD / COMMISSO RECO ENDATION ATTACHMENTS ( Listed Below ) 1. Warrant Register #40 2. Workers Comp Warrant Register dated 03/31/04 A-200 (9:99) Resokttion N ea .ZETING DATE May 4, 2004 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 11 ITEM TITLE WARRANT REGISTER #41 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #41 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,203,302.84. BOARD / COMMISSIO RE C ENDATION ATTACHMENTS Listed Below 1. Warrant Register #41 2. Workers Comp Warrant Register dated 04/07/04 3. Payroll Warrant Register dated 04/07/04 Resolution No. 1 A-290 (9/99) City of National City; California COUNCIL AGENDA STATEMENT 12 EETING DATE May 4, 2004 AGENDA ITEM NO. %ITEM TITLE WARRANT REGISTER #42 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #42 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. STAFF RECOMMENDATION Approved Bym Finance Director Account No. I recommend ratification of these warrants for a total of $ 324,045.68 BOARD / COMMISN SEC EDT G N ATTACHMENTS ( Listed Below ) 1. Warrant Register#42 2. Workers Comp Warrant Register dated 04/14/04 A-200 (9;99) J Resolution No, TING DATE May 4, 2004 City of National City, California COUNCIL AGENDA STATE ENT AGENDA ITEM NO. 13 ITEM TITLE CLAIM FOR DAMAGES:Angie Pantoja PREPARED BY Michael R. Dalla, CMCDEiARTMENT City Clerk EXPLANATION The claim of Angie Pantoja arises from an occurrence on the first week of March 2004 and was filed with the City Clerk's Office on April 5, 2004 Environmental Review Financial Statement N/A NIA STAFF RECOMMENDATION Approved BY: Finance Director Account No. Deny the claim, and refer to the City Attorney. BOARD l COMMISSION RECOMMENDATION N/A ATTACHMENTS Listed Below LN/A Resolution No. A-200 (9/99) .FETING DATE May 4, 2004 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 14 ITEM TITLE CLAIM FOR DAMAGES:Antonietta C. Ladao PREPARED BY Michael R. Dalla, CMCDEI RTMENT City Clerk EXPLANATION The claim of Antonietta C. Ladao arises from an occurrence on January 22, 2004 and was filed with the City Clerk's Office on February 9, 2004 • Environmental Review Financial Statement N/A N!A STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD t COMMISSION RECOMMENDATION N/A ATTACHMENTS N/A { ted Below Approved By Finance Director Account No. Resolution No. A-200 (9/99) .FETING DATE May 4, 2004 City of National City, California COUNCIL AGENDA STATE ENT AGENDA ITEM NO. 15 ITEM TITLE CLAIM FOR DAMAGES:Apolina Piedra PREPARED BY Michael R. Dalla, CMCDEPRTMENT City Clerk EXPLANATION The claim of Apolina Piedra arises from an occurrence on December 12, 2003 and was filed with the City Clerk's Office on March 23, 2004 Environmental Review x N/A Financial Statement N/A STAFF RECOMMENDATION Approved By: Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below N/A Finance Director Account No. Resolution No. A-29G (9199) .FETING DATE May 4, 2004 City of National City; California COUNCIL. AGENDA STATE ENT AGENDA ITEM NO. 16 ITEM TITLE CLAIM FOR DAMAGES:Jared Hamilton PREPARED BY Michael R. Dalla, CM(1)°CART ENT City Clerk EXPLANATION The claim of Jared Hamilton arises from an occurrence on October 19, 2003 and was filed with the City Clerk's Office on March 15, 2003 Environmental Review _ N/A Financial Statement N/A Approved BY: Finance Director Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACMIMMENTS N/A A-200 (9;99) ted Below Resolution o. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 4, 2004 AGENDA ITEM NO. 1 7 (ITEM TITLE Public Hearing — Conditional Use Permit for a shopping center at the northwest corner of Plaza Boulevard and Highland Avenue and a Variance for less than required parking, for a sign in a 10 foot setback area, and for two wall signs where one is allowed (Applicant: Studio C Architects) (Case File No.: CUP-2003- 29/Z-2003-12) C° PREPARED BY Roger G. Post,336-4310 DEPARTMENT Planning EXT. EXPLANATION City Council set this item for hearing at the April 6, 2004 meeting. The attached background report describes the project proposal in detail. Environmental Review X N/A Categorical Exemption MIS Approval Financial Statement Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit and Variance. Vote: Ayes- Unanimous ATTACHMENTS (Listed Below 1. Background Report 2. Planning Commission Resolution No. 7-2004 with recommended findings and conditions 3. Location Ma A-200 (v.(iliv.7194,altinent and Agency Comments Resolution No. 5. Notice of Exemption 6. Site photographs 7. Applications 8. Applicant's Plans (Exhibit A -revised and B-revised dated 2/9/2004) BACKGROUND REPORT The rectangular, one -acre project site is located at the northwest comer of Plaza Boulevard and Highland Avenue in the General Commercial (CG) zone. It has about 144 feet of frontage on Plaza Boulevard and 280 feet on Highland Avenue, and is highly visible from both streets. Nearby uses include Kentucky Fried Chicken and Goodyear Express to the north, Firestone across Highland Avenue to the west and a check cashing business and Walmart to the south across Plaza Boulevard. Central Elementary School, which is well above the grade of the site, is adjacent to the west. The site itself slopes down moderately from the north to the south, and is currently developed with a 5,000 square foot dental office (formerly a bank building) adjacent to Plaza Boulevard and a 4,300 square foot building, occupied primarily by Brake Depot, adjacent the north property line. Surface parking lots cover the rest of the site, and there is a 5 to 20 foot tall retaining wall along the west property line. Finally, there is a billboard located at the southwest comer of the property. The applicant is intending to create a shopping center by remodeling the two existing buildings, constructing a new 3,700 square foot building between them, and connecting the two parking lots allowing through access. The dental office will be divided into three retail suites; the new building will have space for one retail business and a restaurant, and Brake Depot will continue to occupy the building at the north end of the site. According to the applicant, they are on a lease through 2008 with a five-year option. All three buildings will have a neutral color (i.e. tan, reddish brown) stucco exterior with a series of more vibrantly colored, diamond -shaped plaster/ceramic architectural details, and a cornice. Both the new building and the dental office will have a significant amount of architectural detail along the Highland Avenue frontages, and several of the retail suites will have entrances from the sidewalk along Highland Avenue. The applicant has also proposed a sign program that includes limitations on tenant signage aimed at creating an appealing and uniform advertising environment. The program also includes two reader boards on the dental office, one on the Highland Avenue facade and one along Plaza Boulevard; the applicant has indicated that the reader boards are intended to be available to the City and/or other civic organizations for use. Two 35-foot tall freestanding signs are also proposed (one on Highland Avenue and one on Plaza Boulevard); the sign adjacent to Highland Avenue is located in the 10 foot setback area. A Variance is necessary to allow the freestanding sign in the setback area, and to allow the reader boards with the standard tenant signs. Another major component of the project is the connection of the two existing parking lots into one lot, which will be accomplished by grading the site and removing the east/west retaining wall at the center of the property. The new parking lot will include landscaping at its perimeter and within the lot itself. A total of 52 parking stalls will be provided, where Land Use Code requires 66 stalls. A Variance has also been requested to allow the reduced number of parking stalls. Finally, a new pedestrian plaza will be created between the dental office building and the parking lot, and the landscaping around the perimeter of the site will be redone. The proposed project will upgrade the functionality and appearance of the site. Specifically, the pedestrian plaza, new landscaping, additional fenestration along Highland Avenue, and updates to the facades of the existing buildings (which look dated) will enhance appearance of this prominent site as encouraged by General Plan policy and supported by City Design Guidelines. Since the site is not being fully redeveloped, the new building has been designed to resemble the former bank building, resulting in a still somewhat dated architectural appearance. This may be amplified in the near future by the fact that the site is at the crossroads (as noted by Community Development Commission staff in an attached memorandum) of two major planning efforts currently underway (Filipino Village Plan and Highland Avenue Plan). The applicant has indicated that they met with the lead consultant preparing the Filipino Village Plan at staffs suggestion; however, little appears to have changed in the proposal as a result of that meeting. Ben Martinez, Acting Executive Director of the Community Development Commission, noted at the Planning Commission meeting on this item that he feels the applicant has fulfilled their responsibility to coordinate with the master planning efforts for Highland Avenue and Plaza Boulevard, which will not be completed for several more months. The sloping nature of the site has made it somewhat difficult to provide all of the required parking. However, the proposed mix of uses may not result in as great a need for parking as in some shopping centers. Specifically, with Brake Depot, a use that generates a fairly low demand for parking, on a long- term lease (as indicated in a message from the project applicant) and only one 1,200 square foot suite intended for use by a restaurant (which generates a high demand for parking) the 52 parking stalls provided may by adequate. A condition limiting the total floor area that can be occupied by a restaurant/cafe/deli to not more than 1,500 square feet has been included with the recommended conditions of approval. The location of the property in a major commercial corridor in the City intensifies the need for effective signs for the center and each retail business. Additionally, the sloping nature of Highland Avenue in the area can make it difficult for passersby to see freestanding signs located on the project site. Specifically, if the freestanding sign along Highland Avenue were moved outside of the setback area (further onto the property) it would need to be considerably taller to be seen from the north and even from the south. Also, the removal of the existing billboard will reduce the appearance of sign clutter in the area. The addition of 3,700 square feet of retail space will generate approximately 150 Average Daily Trips (ADT), which can easily be accommodated by both Plaza Boulevard and Highland Avenue. Both streets, which are major commercial thoroughfares, are operating below their capacity. Standard Engineering conditions and a condition prohibiting check cashing/pay day advance businesses from operating in the center have been included in the recommended conditions of approval. The later condition is included because of the City's moratorium on them and because the property owner owns several check cashing businesses in the City, including the one across the street. Finally, a condition allowing use of the reader boards by the City and other civic organizations has also been attached. Planning Commission considered this item at their March 1, 2004 meeting. There was no public testimony at the hearing. The Commissioners discussed the architectural design of the center, especially as it relates to the Filipino Village and Highland Avenue planning efforts that are currently in process. They also considered the adequacy of off-street parking in the center, since a Variance is required, and approved the Conditional Use Permit and Variance finding the proposal compatible with the existing development, because of the mix of commercial uses and the site's location in the midst of a commercial district. RESOLUTION NO. 7-2004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A SHOPPING CENTER AT THE NORTHWEST CORNER OF PLAZA BOULEVARD AND HIGHLAND AVENUE AND A VARIANCE FOR LESS THAN REQUIRED OFF-STREET PARKING, FOR A SIGN IN THE 10 FOOT SETBACK AREA ALONG HIGHLAND AVENUE, AND FOR TWO WALL SIGNS WHERE ONE IS ALLOWED APPLICANT: STUDIO C ARCHITECTS CASE FILE NOS. CUP-2003-29/Z-2003-12 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a shopping center at the northwest corner of Plaza Boulevard and Highland Avenue and a Variance for less than required off-street parking, for a sign in the 10 foot setback area, along Highland Avenue and for two wall signs where one is allowed at a duly advertised public hearing held on March 1, 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-2003-29 and Z-2003-12, 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 March 1, 2004, support the following findings: FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the rectangular one acre property is large enough to accommodate 13,100 square feet of retail space and 52 off-street parking spaces. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the proposed addition of 3,700 square feet of retail space will generate approximately 150 average daily trips, which can easily be accommodated by Plaza Boulevard (a prime arterial) and Highland Avenue (a major arterial) which are both operating below capacity. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the property, which is currently used for commercial purposes, is located in a major commercial corridor in the City. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the project will upgrade the appearance and functionality of a prominent commercial corner in the City. FINDINGS FOR APPROVAL OF THE VARIANCE 1. That because of special circumstances applicable to the property, including topography, and 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 sloping nature of the property and its location in a major commercial corridor make it difficult to provide all required off-street parking and to locate freestanding signs outside of required setback areas. 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 a condition of approval restricting the area that can be devoted to a restaurant use will lead to a mix of uses that will not generate a greater demand for parking than will be provided on -site. 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 retail strip commercial center are allowed in the General Commercial Zone with a Conditional Use Permit. BE IT FURTHER RESOLVED that the application for Conditional Use Permit and Zone Variance is approved subject to the following conditions: 1. This Conditional Use Permit/ Zone Variance authorizes a shopping center at the northwest corner of Plaza and Highland with a freestanding sign in the setback area along Highland, two wall signs where one is allowed and a total of 52 parking spaces where 66 are required. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A - revised and B-revised, Case File no. CUP-2003-29/Z-2003-12, dated 2/9/2004. 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. Prior to issuance of building permits the applicant shall provide agreement that allows the City and other civic organizations to use the two reader boards to the City Attorney for review and approval. 4. Not more than 1,500 square feet of the total floor area shall be used as a restaurant/cafe/deli. 5. Check cashing and pay day advance businesses are prohibited from operating on the premises. 6. A trash enclosure shall be provided in accordance with city standards. It shall have a stucco exterior to match the buildings. 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 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. 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. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 11. The deteriorated portions of the existing street improvements (Approximately 40' of sidewalk on Plaza Blvd. and Highland Avenue) along the property frontages shall be removed and replaced. 12. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Public Works as soon as filed. 13. A permit shall be obtained from the Public Works Department for all improvement work within the public right-of-way, and any grading construction on private property. 14. 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. 15. Street improvements shall be in accordance with City Standards. Abandoned driveway aprons (Approximately 60' on Highland Avenue) shall be replaced with curb, gutter and sidewalks. 16. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 17. 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. 18. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 19. Before this Conditional Use Permit/ 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 Conditional Use Permit/ Zone Variance. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit/ Zone Variance are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 20. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of March 15, 2004, by the following vote: AYES: PRUITT, CARRILLO, SALUDARES, ALVARADO, FLORES, BACA, MARTINELLI, REYNOLDS, GRAHAM NAYS: ABSENT: ABSTAIN: ��F[��IItMAN PROJECT LOCATION ZONE BOUNDARY LOCATION MAP CUP-2003-29 100 Feet Shopping Center at the Northwest comer of Plaza Boulevard and Highland Avenue NATIONAL CITY PLANNING Drawn Date: 2/26/04 INITIAL HEARING: 3/1/04 City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 ENGINEERING REQUIREMENTS FOR PROPOSED RETAIL COMMERCIAL AT PLAZA BOULEVARD AND HIGHLAND AVENUE Date: January 26, 2004 To: Andrew Hoskinson, Planning Department From: Adam J. Landa, Assistant Civil Engineer Via: Stephen M. Kirkpatrick, Assistant Director of Public Works/City Engineer Subject: PROPOSED RETAIL COMMERCIAL AT PLAZA BLVD. AND HIGHLAND AVENUE 1. A drainage plan shall be submitted showing all of the proposed and existing on - site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. 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. 2. All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 3. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 28 JAN 2004 AM 7.88 ® Recycled Paper Planning Department January 26, 2004 Page 2 4. The deteriorated portions of the existing street improvements (Approximately 40' of sidewalk on Plaza Blvd. and Highland Avenue) along the property frontages shall be removed and replaced. 5. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Public Works as soon as filed. 6. A permit shall be obtained from the Public Works Department for all improvement work within the public right-of-way, and any grading construction on private property. 7. 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. 8. Street improvements shall be in accordance with City Standards. Abandoned driveway aprons (Approximately 60' on Highland Avenue) shall be replaced with curb, gutter and sidewalks. AL:jha2 retail Chairman Nick lnzunza Members Ron Morrison Louie Natividad Frank Parra Fideles Ungab Executive Director Benjamin Martinez 141111.40 Pres. Shaping the Fuwre Community Development Commission of National City January 25, 2004 TO: Andrew Hoskinsong Dept. FROM: Benjamin Martine , xecutive Director RE: Case File No: CUP-2003-29/Z-2003-12 CDC staff supports the proposed project as outlined in the plans submitted for our review with the following comment: I recommend that the applicant be encouraged to meet with CDC consultants hired to create master planning concepts for Highland Avenue and Plaza Blvd. A meeting can be scheduled by contacting me at 619-336-4256. It is important that any and all design options be explored with the CDC as this project is located at the crossroads of both master -planning efforts. As both master -planning efforts are still in the creation process, any efforts by the developer to amend their plans would be voluntary at this time. 140 E. 12th Street, Suite B; National City, California 91950 Tel.: (619) 336.4250 Fax: (619) 336.4286 SWEETWATER AUTHORITY 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 http://www.sweetwater.org January 16, 2004 Mr. Andrew Hoskinson, Associate Planner City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Subject: WATER AVAILABILITY 910-936 HIGHLAND AVENUE, NATIONAL CITY CASE NO.: CUP-2003-29 /Z-2003-12 SWA GEN. FILE: WATER AVAILABILITY, 2004 Dear Mr. Hoskinson: GOVERNING BOARD JAMES'JIM" DOUD. CHAIR W.D.'BUD" POCKLINGTON. VICE CHAIR R. MITCHEL BEAUCHAMP NICK INZUNZA MARGARET COOK WELSH RICHARD A. REYNOLDS CARY F. WRIGHT WANDA AVERY TREASURER MARISA FARPON-FRIEDMAN SECRETARY This letter is in response to a Conditional Use Permit for the subject property, within the Sweetwater Authority's (Authority) service area. There is a 6-inch water main located on the north side of Plaza Boulevard and a 12-inch main on the east side of Highland Avenue. The Authority's records indicate that there are two (2) existing water services to this parcel. Enclosed is a copy of 1/4 SEC. 154 map, which shows the existing water facilities. At this time, we cannot comment on the adequacy of the existing system to provide fire protection for this project. As plans develop for structures, the owner must submit a letter to the Authority from the appropriate fire agency stating fire flow requirements. Based on this requirement, this project may result in the need for new water systems or substantial alteration to the existing water system. The Authority recommends that your Agency work with ours to determine if the existing water facilities are adequate to meet the added demands prior to issuing a building permit. Please note that the Authority requires a ten (10) foot horizontal separation between sewer and water laterals. If the owner provides the required fire flow information and enters into an agreement with the Authority for water facility improvements, if required, water service can be obtained at a pressure ranging from a maximum of 91 p.s.i. to a minimum of 81 p.s.i. A Public Water Agency Serving National City, Chula Vista and Surrounding Areas Mr. Andrew Hoskinson Re: Water Availability — 910-936 Highland Ave., N.C. January 16, 2004 Page 2 of 2 If you have any questions, please contact Ms. Laurie Edwards at (619) 409-6758. Sincerely, SWEETWATER AUTHORITY Hector Martinez Deputy Chief Engineer HM:LJE:vts Enclosure: photocopy of 1/4 SEC. 154 map Pc: Mr. Don Condon National City Fire Department 333 E. 16th Street National City, CA 91950 Mr. Jeff Silverman or Mr. Dave Baum MJK Real Estate Holding Company, Ltd. 4913 Convoy Street San Diego, CA 92111 I:\engr\Gen\Water Availability\hoskhigh910to936.doc ...loped by S.+krkrAulhndy .u1M+n WY Ilk no( aired b provibrIbeniad0.i. anti should not be u.J for pry alw p 1000* WIN N..ap.n*Nri pnnariun N SM.lem/r Milady - htivaswaintan.aaln.org 505 Gm ll Omen. Gryb VIh.G 91912-2315 (119).241.13 FAX: (019).55'7400 ofwer facia*. an 4ti0kn••• only, I* an mad Wawa*. Fvsnae r.NMb*Jlm, walrt%NE.. n.nl5. e.bbol.n dUsw a1-000. %F.1p So .by. piab0oalbn. Any nap using WIGS E.ti The {vac.. road * .M.m UMk ay Is popdYynM^0Yen. The as atilt mfaonly. Any male o. plollansino of laonnotionkpa5al.e. n..plb N aaatlrK. 0OM1tuts.Wk nSn9 aprnanl.. S.nG15-MTy.W 100'0N 1010 Swan Menu.. Me 1900 San Diego, a9z101-039 200 Subject Property: 910-936 Highland Ave. 1/4 SEC. 154 17G 200 Feet h: laurielarcvievanapawN aul Nndplzamvc0F.apr City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: Case File No. CDP-200-4 Project Location: Northwest comer of Plaza Boulevard and Highland Avenue Contact Person: Andrew Hoskinson Telephone Number: (619) 336-4310 Description of Nature. Purpose and Beneficiaries of Project: Proposed shopping center with a 52 space parking lot and 13,000 square feet of retail space Applicant Name and Address: National City Community Development Commission Exempt Status: Telephone Number: (619) 336-4250 ❑ Statutory Exemption. (State type and Section No., if applicable) ® Categorical Exemption. Class 32, Section 15332 (Definition Infill Development) ❑ Not a project as defined in Section 15378 of CEQA ❑ Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: There is no probability that the project will have a significant effect on the environment, since the project site is a developed 43,500 square foot property located in an area developed and intended for commercial uses. The site has no value as habitat, the public utilities and services are already present in this area, and there are no significant impacts anticipated as part of the use in this industrial area. Date: Andrew Hoskinson, Associate Planner ® Recycled Paper Site photographs APPLICATION for NATIONAL CITY, CALIFORNIA Conditional Use Permit Planned Development Permit Planned Unit Development Permit Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619)336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT�USE ONLY Case Number e // / 3 / Filing Fee $ f 32) Receipt No. 3/`a/6 ✓ By 5X. Date Received E.A.F. Required Fee $ Related Cases z'03 /a - LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) Scc c..-14cAted PROPERTY LOCATION 910 `j 3(p (fit �I4 fa�1 c� J e No. Street between ''I etZtk and COMBINED GENERAL PLAN/ZONING DESIGNATION G(� Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 1 of 4 REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.116), Planned Development Permit (Chapter 18.126), or Planned Unit Development Permit (Chapter 18.30) to use the above described property for the following purposes: (etjec* QioreS +o aJG o e- Vleu.) boil• irk atAd fwwdc ' o «�� a« re,nnat.�� w:�ln sowte- 2Y«a�i✓ p cawAinnercia kv � txlead( 0.e•y41n � c a�.i c-a_ i IAS • GONh WVa_cc. / re L.i t ll[•(wa PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: MI.k. Q'sq4„.4%.7 t, L4- Signature (Signa ap Address: acknowledges that this lication is being filed) `iRt3 Cavtvo( 5k 5q" V;efty CA 121[ 1 Phone No. ASS - ZtoO' 350 ,c100 Fax No. O5E5 Date: iz/5/03 Name: Signature (Signature acknowledges that this application is being filed) Address: Phone No. Fax No. Date: Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 2 of 4 `.r APPLICANT "" Name: ko)c'Leiivte. 15Al4t� (Please type or print) Signature: ignature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: 526-2 80,16 A . *201 Phone No. 8S8 - . t 2 " 5575 Fax No. 1358 — ZR2— R f CoCp Date: 12./3/0 z✓ Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 3 of 4 JUSTIFICATION Section 18.116.020 of the National City Municipal Code states that before any conditional use permit, planned development permit or planned unit development permit is granted, the applicant must show the existence of the following facts: 1. That the site for the proposed use is adequate in size and shape; and 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use; and 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties; and 4. That the proposed use is deemed essential and desirable to the public convenience or welfare. The above findings must be incorporated into each staff report for a Conditional Use Permit, Planned Development Permit or Planned Unit Development Permit presented to the decision making body. Each of the findings must be found to exist. As the applicant, you are not required to provide justification of these findings; however, the information can be useful to Planning Staff when compiling their report. Please provide any additional information which may be helpful when considering the application. Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 4 of 4 NATIONAL CITY, CALIFORNIA ZONE VARIANCE Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number Filing Fee $ � Receipt No. 31)15.3 Date Received / /t 43 By 5f E.A.F. Required ]/L�5 Fee $ �3 S2 B� Related Cases / (", 2 3 — p29 SEE FILING INSTRUCTIONS AND CHAPTER 18.114 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) PROPERTY LOCATION c I 0 - 13(4) No. between G1/41-a. and 14,4, A COMBINED GENERAL PLAN/ZONING DESIGNATION Street Zone Variance Application Revised December, (998 Page I of 4 REQUEST: The Applicant requests a Zone Variance pursuant to Land Use Code Section number to use the above described property for the following purposes (state exactly what is intended to be done on, or with the property which does not conform with existing zoning regulations): 'Nc. fro 6 frt('a eck((�� rGq vi ttS (Q� 0C-/- S?r - eiC sv aG,GS . Ac 4e't-cc. arr 5 [ •c„ prts eac,fc be-ite5 ffe•l i decg:. �r A Ja a%crtct is retoc.-- k �01al slO..c_ tax*-- atr foo.l�c`.�� s sc�ace. 1 PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Name: Signature Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: Address: Phone No. Phone No. Fax No. Fax No. Date: Date: Zone Variance Application Revised December, 1998 Page 2 of 4 APPLICANT Name: ta/ ivtL 16v. ke,r (Please type or print) Signature: ignature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: SS2‘Z (( )ve . "it -Zs ' c (i i e 3 l ('A- `!2( l7 Phone No. .Fax No. Date: gig- 212_CS75- 12. / us/63 Zone Variance Application Revised December, 1998 Page 3 of 4 vveanesaay, uecemoer 1U, 208:3 8:48 PM Studio C Architects 858-292-9166 p.02 MJK Real Estate Holding Company, LLC 790 Estate Drive - Suite 100 Deerfield, Illinois 60015 Tel: 847-919-4801 Fax: 847-919-4829 December 10, 2003 City of National City Planning Department To Whom it May Concern: Please be advised that per my -instruction, Katherine Baker, -Architect for Studio C Architects is authorized to submit for the Variance and to sign as the applicant. Should you have any questions or concerns, please contact me directly at the above numbers. Regards. y Silverman sident TO'd LS:9T £00Z OT 3ald 6Z8b6T6Lb8:X93 1N314391:1t' lSW City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 4, 2004 18 AGENDA ITEM NO. ITEM TITLE Public Hearing — Conditional Use Permit and Tentative Subdivision Map for the conversion of 97 apartments to condominiums at 915 E. 4th Street (Applicant: Westone Management Consultants) (Case File No.: CUP-2003-8/S-2003-1) PREPARED Roger Post 6-4310 EXPLANATION This project is proposed for an existing 97 unit apartment complex, Villa Real, that is located on the west side of J Avenue between 3rd and 4th Streets in the Multi -Family Residential -Planned Development (RM-2-PD) Zone. The proposal before you will convert the apartments into condominiums, addressing the need for homeownership opportunities in the City. It is the first such proposal in the City since the City adopted an ordinance just over a year ago allowing the conversion of apartments to condominiums. The Planning Commission held a public hearing on this item at their April 5, 2004 meeting. The attached background report describes the conversion of the apartments to condominiums in detail. EXT. DEPARTMENT Planning Environmental Review Financial Statement STAFF RECOMMENDATION N/A Categorical ExemptiorIVIIS Approval Staff concurs with the decision of the Planning Commission. BOARD / COMMISSION RECOMMENDATION The Planning Commission recommends approval of the Tentative Parcel Map and Conditional Use Permit. Vote: Ayes -Pruitt, Carrillo, Alvarado, Flores, Baca, Graham Nays-Saludares Absent- iviartineili, Reynolds ATTACHMENTS 1 Listed Below ) 1. Background Report 2. _Planning Commission Resolution No. 12-2004 Including Findings and Conditions of Approval 3. Location Map .4-200 (rev. 7icDepartment and Agency Comments Approves! By: Finance Director Account No. Resolution No. 5. Notice of Exemption 6. Project Description by Applicant 7. Property Condition Assessment 8. Applications 9. Applicant's Plans (riNi ltt H-Revised, B, and C) BACKGROUND REPORT The 1.5 acre, L-shaped project site is located on the west side of J Avenue between 3rd and 4th Streets in the Multi -Family Residential Limited -Planned Development (RM-2-PD) Zone. It fronts mainly on J Avenue; however, it also fronts on both 3'd and 4th Street. The property is developed with the Villa Real apartment complex, which has seven buildings with a total of 97 units. One of the seven buildings is a single -story structure that has a three bedroom one bath living unit, a leasing office and a community laundry room in it; this building fronts on 4th Street. The other six two-story buildings, which were built in 1963, all front on J Avenue. There is also a 94 space surface parking lot at the north end of the site and a pool near the south end adjacent the single -story building. The attached Tentative Subdivision Map (Exhibit A -revised) clearly shows the layout of the property. The units generally face onto 30-foot wide courts or to the parking lot. The two-story buildings have wood and stucco exteriors with some brick veneer at the foundation levels. They have gable roofs, which were last re -done in 2000 according to the applicant. As shown in the attached site photographs provided by the applicant, all units are directly accessible from outside the buildings via walkways. There is only one unit type, with the exception of the previously noted three -bedroom unit in the single - story building, in the development. Each unit is approximately 407 square feet with one bedroom and one - bath. None of them have private balconies or patios. The previously mentioned pool is the only common useable recreation area on -site; the pool area is roughly 2,900 square feet in size. The setbacks, ten feet on J Avenue and about four feet on 4th Street, as well as the courts are landscaped. Landscaping consists mainly of grass with low growing shrubs at the foundations of some of the buildings and a number of palm trees spread throughout the property. The landscaping at the perimeter of the property and within the main courts is well maintained; however, it is in poorer condition in some of the smaller interior courts (see Exhibit C). Overall the property is in fair to good condition as noted in the Property Condition Assessment prepared for the project. The report specifically notes that there are no significant defects, and estimates the remaining economic life to be at least 35 years. Nearby uses consist mainly of single-family houses, especially to the north and to the east across J Avenue. There are also some apartments to the south across 4th Street, and adjacent to the west of the property, in the General Commercial Zone, are various retail businesses. The applicant originally proposed to covert the 97 existing apartment units in 97 condominium units for individual sale. As condominiums, the units will be the same size and have the same floor plan as they do as apailnients. The applicant proposes to make a number of repairs/improvements to the exterior of the buildings and common areas. All of the buildings will be freshly painted, the exterior safety railings will be replaced with railing that meets current Building Code requirements, and the entry doors to each unit will be replaced with a wider door (36 inches wide). Additionally, a new fence and gates will be put up around the property, and the existing trash enclosures will be rebuilt. The parking lot will be patched, re -sealed and re -striped, and the pool will be re -plastered and fitted with a new pump and filter system. Finally, the existing grass will be replaced with new sod, and some more palm trees will be planted. The interior of each of the units will also be renovated. Each unit will be completely repainted. New carpet, tile and linoleum flooring will be put in along with new maple cabinets with cultured marble countertops in the bathroom and maple cabinets with formica tops in the kitchen. New appliances, lighting and interior doors will also be included as part of the renovation. The attached project description provides additional detail on the proposed renovation. Finally, the walls and floors of each unit will be augmented to have a one -hour fire rating, as required by the Fire Department, and the windows in each bedroom will be replaced with one with a lower sill height. The above noted improvements and sale of the individual condominiums will be phased. All of the exterior and common area improvements will be done concurrent with the renovation of the first of the seven buildings. Once the renovations of the first building and common areas are about finished (the applicant estimates that the renovations of each building will take approximately five weeks) work on the second building will begin, and the units in the first building will be sold. This process will continue until all units have been sold. Staff has inquired as to the projected sales price of the units; the applicant has indicated that they cannot accurately predict the sales prices because of the quick rate of change in today's market, but they anticipate the units will sell for between $135,000 and $150,000. In order to pursue the conversion of the Villa Real apartments to condominiums the applicant has requested approval of a Tentative Subdivision Map and a Conditional Use Permit as required by City ordinance. There are a number of General Plan policies that are relevant to the conversion of apartments to condominiums. The proposal obviously increases the number of home ownership opportunities, consistent with General Plan policy. It is possible in some instances that the conversion of apartments to condominium units might result in the loss of low-income housing. In this case, lower cost rental housing will be replaced with lower cost ownership opportunities. It is important to note that, according to records maintained by the Community Development Commission (CDC), there are only four Section 8 renters currently residing in the complex, and the applicant has indicated the average rent is between $650 and $750. General Plan policies also encourage high quality development and unit sizes that exceed the minimum requirements in the Land Use Code. Given that the buildings are existing, the options available to increase the overall quality of the development are limited. The applicant proposes to make several changes, such as new safety railing, wider entry doors, and renovation of the pool area that are not required by Code. Increasing the size of the units is one way to increase the quality and livability of the development, and would be consistent with City policy encouraging larger units because of the large family sizes in the City. However, the applicant has indicated to staff and the Planning Commission that they are not proposing to combine units, since they believe there is a strong market for one -bedroom units. Also, the benefit of larger units must be weighed against the total number of home ownership opportunities that will be created. Finally, Building and Safety Department staff has indicated that given the type and year of construction it would not be too difficult to combine the units. Since it is impractical for most proposals to convert apartments into condominiums to meet current Land Use Code requirements for new condominiums, the General Plan and Land Use Code do not require it. However, it is useful to compare the requirements for new condominiums and for new one -bedroom apaitnients to what will be provided to allow for a full analysis. The table below summarizes some Code requirements for new condominiums and one -bedroom apartments and what will be provided. Z Comparisons of current Code requirements with the existing development Required for new condominiums Required for new one bedroom apartments Provided Parking spaces 2 spaces/unit plus guest parking Unit size 1,000 square feet Private open space per 134-200 square feet unit Common useable open 12,930-19,400 square 12,930 square feet space' feet Density 1.3 spaces/unit plus guest parking 650 square feet 134 square feet 22.9 units/acre 22.9 units/acre .97 spaces/unit with no guest spaces 407 square feet 0 square feet 2,970 square feet 63 units/acre 'Based on 97 units Given the small unit sizes and lack of private and common open space, staff suggested that the applicant not only consider combining existing units to create larger units, but that they consider converting the existing single-family house, which is partially used as a leasing office, into a common recreation room. The applicant originally indicated that they intended to convert the single-family house into a condominium unit rather than improve it for common recreational purposes; however, at the Planning Commission meeting the applicant agreed to convert it into a common recreation building. Finally, it is important to note that the current density of the development is approximately 63 units/acre, where the Land Use Code allows a maximum density of 22.9 units per acre for all new multi -family development. Again, combining units would reduce the overall density of the project and increase the ratio of parking spaces to units. In order to satisfy the application requirements for the Conditional Use Permit to convert apartments, the applicant had a Property Condition Assessment (PCA) report prepared. It included an assessment of all structural and mechanical systems, as well as a sound attenuation study and pest report. The sound attenuation report found that the unit should have a sound transmission classification of approximately 50 or more, which would meet the current Building Code requirements. As stated before, the PCA report found that generally the property is in fair to good condition without significant defects. It does however, contain recommended short-term and intermediate term repairs, repairs that should be made in the next five years. The identified repairs, which are fully detailed in the attached report, include re -sealing the pool deck, painting the buildings, and replacement of the heating system in each unit. A condition recommending that all of the short-term and intermediate term repairs identified in the report be completed prior to sale of any unit has been included. Finally, the pest report identified some dry rot and drywood termite infestations. However, there were no structural defects identified, and remedies to the existing conditions were identified in the report. A condition requiring that the recommendations of the pest report be implemented prior to sale of the units has been included. Typically the City would require a performance bond to put up by the developer to ensure that the proposed and required improvements be made. However, the applicant has suggested an alternative approach, a Lien Contract and Agreement not to Convey, to ensuring that the proposed and required improvements be made prior to the sale of all of the units. According to the City Attorney's Office, the document that they have suggested should generally guarantee the completion of all of improvements; however, it does not afford as much protection as a performance bond. A condition requiring review and approval of the Lien Contract and Agreement not to Convey by the City Attorney has been included with the recommended conditions of approval. Also, conditions recommended by the Fire and Engineering Departments have also been attached. The Planning Commission held a public hearing on this item at their April 5, 2004 meeting. Although there was no testimony from the public, the Commissioners discussed several elements of the project. Commissioners, while noting that the proposal would definitely increase the number of home ownership opportunities, raised concerns over the level of market demand for small one bedroom units. They considered the possibility of combining some of the units to create larger units, and added a condition that will allow the Home Owners Association Board of Directors to impose restrictions on the number of units that could be rented out. Commissioners also delved into the extent of the proposed exterior and interior renovations, and added conditions of approval requiring the single -story structure to be a common recreation room and requiring the laundry rooms be fitted with new machines. They inquired about the information sent to the current tenants and discussed whether likely affordability of the units. Finally, the Commission voted to recommend approval of the proposal finding it consistent with the goals and policies of the General Plan, and with the proposed renovations a likely improvement to the area. RESOLUTION NO. 12-2004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR THE CONVERSION OF 97 APARTMENTS TO CONDOMINIUMS AT 915 E. 4TH STREET APPLICANT: WESTONE MANAGEMENT CONSULTANTS CASE FILE NOS. S-2003-1/CUP-2003-8 WHEREAS, application was made for approval of a tentative subdivision map and conditional use permit for the conversion of 97 apaitiuents to condominiums at 915 E. 4th Street on property generally described as: That portion of the westerly half of 20 acre Lot 2 in Quarter Section 131 of Rancho de la Nacion , according to Map thereof No. 166 by Morrill, on file in the County Recorder's Office of said San Diego County, and all that portion of Lot "A" in Block 1 of Sunny Hill, according to Map thereof No. 1885, filed in the Office of the County Recorder of San Diego County, February 10, 1926, in the City of National City, County of San Diego, State of California. WHEREAS, the Planning Commission of the City of National City, California, considered said applications at a duly advertised public hearing held on April 5, 2004 at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. S-2003-1 and CUP-2003-8 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 hereby taken is found to be essential for the preservation of the 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 introduced in the staff report and public hearing for said tentative subdivision map and conditional use permit support the following findings: RECOMMENDED FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP The proposed map is consistent with the National City General Plan and applicable specific plans, since the project will create 97 new homeownership opportunities. 2. The site is physically suitable for the proposed type of development, since all development is existing and will remain, and only the form of ownership will change. 3. The site is physically suitable for the proposed density of development, since the entire development is existing, and only the form of ownership will change. 4. The design of the subdivision orthe proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish. or wildlife or their habitat, since the site is fully developed and all existing improvements will remain, and no expansion will take place. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Cade, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the site is fully developed and since all existing improvements will remain. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the project, which consists solely of a change of ownership and repair and renovation of existing improvements, will not generate additional traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the multi -family development already exists and only the form of ownership will change. Conditions requiring the new owners to properly maintain the property are included with the approval. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the creation of 96 new homeownership opportunities available to first time homebuyers will allow for mobility in the housing market, and since the increased rate of ownership may translate into an improved property appearance. RECOMMENDED FINDINGS FOR CONDOMINTUM CONVERSIONS 1. The proposal is consistent with housing element goals and objectives, since the conversion of the existing apartment complexes will create 96 additional opportunities for homeownership, which will likely be available to persons with a moderate or lower income level. 2. Plans and reports submitted by the applicant, along with conditions of approval, show that necessary upgrading will be completed prior to sale of any unit, since all common area improvements will be completed during the first phase of development and each unit will be renovated before it is sold as will be specified in a Lien Contract and Agreement not to Convey. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, the Planning Commission hereby recommends approval of said tentative subdivision map and conditional use permit for the conversion of 97 apartments to condominiums at 915 E. 4th Street subject to the following conditions: 1. This Tentative Map and Conditional Use Permit authorize the conversion of 97 apartment units to condominiums. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A -revised, B, and C case file no. S-2003-1/CUP-2003-8, dated 2/24/2004, 3/19/2004, and 3/15/2004 respectively. 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. A trash enclosure shall be provided in accordance with city standards. It shall have an exterior to match the buildings. 4. Prior to recordation of the final map, the applicant shall submit a Lien Contract and Agreement not to Convey subject to review and approval by the City Attorney. 5. All of the recommendations of the Property Condition Assessment and Pest Report shall be implemented prior to release of any unit for sale. 6. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting for the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common parking lot, walkways, stairs, trash enclosure(s), landscaping, recreation buidling, laundry room(s), fence(s) and pool prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 7. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 8. A rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 9. The smoke detectors shall be updated in each unit prior to release of said unit for sale. 10. Each unit shall be improved with one -hour rated fire walls and floors prior to its release for sale. 11. 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. 12. A drainage plan shall be submitted showing all of the proposed and existing on - site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution, and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading plan. This shall include the provision of such devices as stoma 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 Pollutant Discharge Elimination System (NPDES) regulations. A checklist for preparation of the grading and drainage plan is available at the Engineering Department. 13. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or, its successors or assigns, shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 14. For P.V.C. irrigation lines in the public right-of-way, a metallic identification tape shall be placed between the bottom layer of the finished surface and the top of the lines. 15. The existing and proposed curb inlet on property shall be provided with a "No Dumping" tile in accordance with the NPDES program. 16. A permit shall be obtained from the Engineering Department for all improvement work within the Public Right -of -Way, and the grading construction on private property. 17. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvement, landscaping and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall 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. 18. A title report shall be submitted to the Engineering Department after Planning Commission approval for a review of all existing easements and the ownership at the property. 19. A private sewer easement for 303 Highland Avenue is required for a sewer lateral running from 303 Highland Avenue and connecting into the city sewer easement. 20. The final map shall meet all of the requirements of the Subdivision Map Act, and the National City Municipal Codes including certification, acknowledgment, complete boundary information and monumentation. 21. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 22. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 23. All new property line survey monuments shall be set on private property, unless otherwise approved. 24. The final map shall use the California Coordinate System for its "Basis of Bearing" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 25. Private Storm Water Treatment Maintenance Agreement must be signed by owner. 26. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 27. 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. 28. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 29. Before this Tentative Subdivision Map and 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 Tentative Subdivision Map and 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 Tentative Subdivision Map and 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. 30. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code § 17.04.070. 31. The Conditional Use Permit shall expire two (2) years after adoption of the resolution of approval at 5:00 p.m., or one year after recordation of the final map, whichever is later, unless exercised prior to that time, by transfer of any unit to separate ownership. One or more extensions of time may be granted, pursuant to provisions of the Land Use Code. 32. The covenants, conditions and restrictions (CC&R's) shall include a provision that authorizes the Horne Owner's Association Board of Directors to impose O owner occupancy restrictions not to allow more than 15 percent (15%) of the units in the complex to be occupied other than by an owner -occupant. 33. The single -story structure fronting on 4th Street shall be improved in its entirety for use as a recreation room by the future owners of the Villa Rea complex. 34. The laundry room(s) are to be completely renovated with new machines. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of April 19, 2004, by the following vote: AYES: PRUITT, CARRILLO, ALVARADO, FLORES, BACA, GRAHAM NAYS: SALUDARES ABSENT: MARTINELLI, REYNOLDS ABSTAIN: HAI April 11, 2003 To: From: Via: Subject: City of National City Department of Public Work$ 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 ENGINEERING REQUIREMENTS FOR THE REVIEW OF CONDOMINIUM CONVERSION AT 915 E. 4TH STREET Charly Marchesano, Planning Department Charles Nissley, Engineering Department Stephen M. Kirkpatric1, Assistant Director of Public Works/Engineering CONDOMINIUM CONVERSION AT 915 E. 4TH STREET NATI NAk, CIO 'Y. ARTMENT APR 1 1. A drainage plan shall be submitted showing all of the proposed and existing on -site and off - site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution, and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading plan. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations. A checklist for preparation of the grading and drainage plan is available at the Engineering Depaitrnent. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or, its successors or assigns, shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. eA Recycled Paper Planning Department April 11, 2003 Page 2 3. For P.V.C. irrigation lines in the public right-of-way, a metallic identification tape shall be placed between the bottom layer of the finished surface and the top of the lines. 4. The existing and proposed curb inlet on property shall be provided with a "No Dumping" tile in accordance with the NPDES program. 5. A permit shall be obtained from the Engineering Department for all improvement work within the Public Right -of -Way, and the grading construction on private property. 6. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvement, landscaping and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall 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. 7. A title report shall be submitted to the Engineering Department after Planning Commission approval for a review of all existing easements and the ownership at the property. 8. A private sewer easement for 303 Highland Avenue is required for a sewer lateral running from 303 Highland Avenue and connecting into the city sewer easement. TENTATIVE MAP REQUIREMENTS 1. The final map shall meet all of the requirements of the Subdivision Map Act, and the National City Municipal Codes including certification, acknowledgment, complete boundary information and monumentation. 2. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 3, All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground 4. The final map shall be recorded prior to issuance of any building permit. 5. All new property line survey monuments shall be set on private property, unless otherwise approved. Planning Department April 11, 2003 Page 3 6. The final map shall use the California Coordinate System for its "Basis of Bearing" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 7. Private Storm Water Treatment Maintenance Agreement must be signed by owner. Cnjha2 915 IS" City of National City Fire Department 333 E. 16th St., National City, CA 91950-4507 Phone: (619) 336-4550 Fax: (619) 336-4562 Date: April 2, 2003 To: Planning Dept. From: Jeff Burriss, Deputy Fire Marshal 'Cr Subject: 914 E. 4th Street 7,71. 1'4 N N iZTAA ENT APR 0 2 Concern cited regarding fire extinguishers was addressed during an annual inspection of the property. Servicing of fire extinguishers is the responsibility of the management company. As for a condo conversion, the fire dept. will require updating of smoke detectors to current code requirements in all units. t" 1 Recycled Paper SWEETWATER AUTHORITY 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 http://www.sweetwater.org April 3, 2003 Mr. Charley Marchesano, Assistant Planner City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Subject: WATER AVAILABILITY 915 E. FOURTH STREET, NATIONAL CITY CASE NO.: CUP 2003-8/S-2003-1 SWA GEN. FILE: WATER AVAILABILITY, 2003 Dear Mr. Marchesano: GOVERNING BOARD JAMES °JIM' DOUD, CHAIR WO. 'BUD" POCKLUNGTON, VICE CHAIR R. MITCHEL BEAUCHAMP NICK INZUNZA MARGARET COOK WELSH J.S. "SKI' WOLNIEWICZ CARY F. WRIGHT WANDA AVERY TREASURER MARISA FARPON-FRIEDMAN SECRETARY This letter is in response to an Application for Conditional Use Permit and Tentative Subdivision Map for the conversion of apartments to condominiums for the subject property, within the Sweetwater Authority ("Authority") service area. There is a six-inch main on the east side of "J" Avenue fronting the property. The Authority's records indicate that there are three domestic water services to this property. Enclosed is a copy of 1/4 SEC. 153 map, which shows the existing water facilities. At this time;. we cannot comment on the adequacy of the existing system to provide fire protection for this project. As plans develop for structures, the Owner must submit a letter to the Authority from the appropriate fire agency stating fire flow requirements. Based on this requirement, this project may result in the need for new water systems or substantial alteration to the existing water system. The Authority recommends that your Agency work with ours to determine if the existing water facilities are adequate to meet the added demands prior to issuing a building permit. Please note that the Authority requires a 10-foot horizontal separation between sewer and water laterals. If the Owner pays the appropriate fees, provides the required fire flow information and enters into an agreement with the Authority for water facility improvements, if required, water service can be obtained at a pressure ranging from a maximum of 79 p.s.i. to a minimum of 69 p.s.i. 17 P7;h is 44at r Serving National City, A` ala Vista and 5urrounding-Areas Mr. Charley Marchesano Re: Water Availability — 915 E. Fourth Street, National City April 3, 2003 Page 2 If you have any questions, please contact Ms. Laurie Edwards at (619) 422-8395, extension 641. Sincerely, SWEETWATER AUTHORITY Hector Martinez Deputy Chief Engineer HM:LJE:vls Enclosure: photocopy of 1/4 SEC. 131 map Pc: DG&W, LLC 1640 Broadway, Suite "A" San Diego, CA 92101 Mr. Don Condon National City Fire Department 333 E. 16th Street National City, CA 91950 l:\engr\Gen\Water Avaiiabilitychar march 915 E 4TH.doc Subject Property: 915 E. 4th Ave. 1/4 SEC. 131 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: S-2003-1/CUP-2003-8 Project Location: 915 E. 4th Street Contact Person: Andrew Hoskinson Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Tentative Subdivision Map and Conditional Use Permit for the conversion of 97 apartments into condominiums Applicant Name and Address: Westone Management Consultants 1640 Broadway Ste. A San Diego, CA 92101 Exempt Status: Telephone Number: 619-645-9071 Statutory Exemption. (State type and Section No., if applicable) Categorical Exemption. Class 1, Section 15301 (Existing Facilities) Not a project as defined in Section 15378 of CEQA Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: The proposal would permit the conversion of 97 existing apaitnients into 97 condominium units. No expansion of the existing structures is included in this proposal. Date: ANDREW HOSKINSON ASSOCIATE PLANNER Rer soled P r r 19 MAR 2004 PM 1:37 Project Description The project consists of 97 apartment rental units of which 96 are one bedroom and one bathroom of approximately 465 square feet and one unit which is three bedrooms and one bathroom approximately 1,000 square feet. The project was built in 1963 and consists of 7 building. The project has a pool and limited recreation facilities. However, there is room for additional recreation facilities to be developed within the current building envelope. Once converted to condominiums the project will be completely renovated as follows; Renovations to Exterior Common Area Paint exterior of buildings Pool Paint complete building with The following colors (See color board) new pump, filter & re -plaster decorate pool area with potted plants & seating Install metal security doors parking area Decorative metal security (optional) patch, seal, re -stripe & number the spaces Landscaping Trash area Tropical setting, Queen Palms, Re -sod grass areas, and install New sprinkler system Fence Replace fence & gates rebuild with cover and install new metal doors ZZ Renovations to Unit interiors Complete paint & ceiling Walls Base Board Crown Mouldings Ceiling Bathroom Kitchen Kitchen Bountie Beige Swiss coffee Swiss Coffee flat Swiss coffee Semi -Gloss Semi -gloss Maple Cabinets with formica countertops New Appliances Kenmore Brand Stove, microwave, hoodfan Fridge (optional) New interior doors 6 panel Douglas fir interior doors entry door 4 panel New window coverings Mini blinds (optional) NOTE Flooring New Carpet, ceramic tile floors 12 X12, linoleum in bathroom Bathroom Maple Cabinets, cultured marble countertops, new sink, new tub & shower and shower valve, toilet Lighting New lighting package & ceiling fans $400 budget per unit New door hardware Brushed Knickel Some items are not included in the price of the unit however, the purchases may add items such as fringe, window coverings, hardwood floors, etc to the purchase price and add the cost to the mortgage financing -2 3 Jun 12 03 10a37a Cer-ilia Huang 8 375-8292 p.1 REPORT Property Condition Assessment Villa Real 915 E. 4th Street National City, San Diego County, California 919504503 Project No. 03-C-01758 March, 2003 Prepared For CRS/DG AND W LLC C/o Westone Management Consultants 294 Chamber Street Suite 44 El Cajon, California 92020 Attention: Mr, Joseph Searlatti Prepared By JCEP/Ruang Consulting Engineers, Inc. 217 Via Lara Dos Vientos Ranch, California 91320 zs . Jun 12 03 10:38a Ce is Huang 80 375-8292 p.2 JCEP/HUANG CONSULTING ENGINEERS, INC. 217 Via Lara Dos Vientos Ranch, CA 91320 Tel: (805) 375-6292 Fax: (805) 375-8292 March 17, 2003 CRS/DG and W LLC C/o Westone Management Consultants 294 Chamber Street Suite 44 El Cajon, California 92020 Attn: Mr. Joseph Scarlatti Re: Transmittal of PCA Report Villa Real 915 E. 4th Street National City, San Diego County, California 91950-1503 Dear Joe: Attached is one copy of the referenced report. Your receipt of this report completes our scope of work under this contract. This PCA report is based on a walk through observation of the subject property on March 7, 2003 and the review of certain property related documents that you provided us. We appreciate the opportunity of providing this engineering service to you and look forward to a continuing working relationship in the future. Should there be any questions regarding this project, please contact Huang at 805-375-6292. Sincerely, Johnny G. Huang, P.E. Principal Jun 12 03 10:38a Ce -1ia Huang 80 .375-8292 P=3 TABLE OF CONTENTS SECTION PAGE 1.0 EXECUTIVE SUMIVIARY 4 1.1 General Description 4 1.2 General Physical Codition 4 1.3 Recommended Immediate Repairs 5 1.4 Recommended Short Term & Intermediate Term Repairs 5 2.0 SCOPE OF WORK 7 3.0 SALIENT INFORMATION 8 4.0 SYSTEM DESCRIPTION AND OBSERVATION 9 A Buildings ..9 B Common Area 12 y7 Jun 12 03 101 38a Celia Huang 80375-8292 p.4 1.0 EXECUTIVE SUMMARY 1.1 General Description JCEP/Huang completed a property condition assessment (PCA) of a multi- dwelling complex known as Villa Real located at 915 E. 4th Street, National City, San Diego County, California 91950-1503 at the request of Joseph Scarlatti of Westone Management Consultants. As part of the PCA, an on -site wallc through observations was made on March 7, 2003 with Joseph Scarlatti. The subject property contains 96 one -bedroom and one -bathroom apartment units scattered in 7 two-story garden type apartment buildings, and a one-story single family house that contains 3 bedrooms with one bathroom and a leasing office. Additionally, the subject dwelling complex also provides 96 surfaced parking spaces, a laundry room, a swimming pool, and associated hardscape and landscape. Construction drawings were not available for JCEP/Huang's review. Reportedly, the subject property was developed in 1963 on a suburban lot in National City, San Diego County, California. Due to its mild climate in the project area, and like many multi -dwelling complexes in coastal San Diego County, air conditioning for cooling is not provided for the subject apartments. Heating is supplied by gas -fired wall heaters. Domestic hot water for the 96 apartments is provided by 13 centralized gas -fired hot water heaters. The single family house and the laundry room also have one devoted gas -fired hot water heater each. Gas main and individual gas meters are hung on the exterior wall of the buildings, while the electric distribution panels and individual electric meters are housed in the utility closets of the buildings. Smoke detectors are available for the apait<nents, and the public areas of the buildings are fitted with fire extinguishers. Additionally, fire hydrants are located along the city street sidewalks by the property as required by the current fire code. 1,2 General Physical Condition The subject property appears adequately maintained and in overall good condi- tion without significant defects noted. Original components of the buildings are composed of durable materials and sturdy construction. It is JCEP/Huang's opinion that the subject property is comparable to other similar properties of similar age in this area and, subject to a continued program of sustained pre- ventative maintenance, the remaining economic life of the subject apartments should exceed 35 years. Jun 12 03 10:38a Cecilia Huang 8 -375-8292 p.5 1.3 Recommended Immediate Repairs Deferred maintenance and physical deficiencies for which actions are recom- mended represent potentially unsafe conditions, material code violations, and items that require corrective works on a higher priority than routine work. Based upon observations conducted during the property visit, no objectionable property conditions that require immediate corrective works were identified, except the following: Item Quantity Unit Cost Immediate Cost Inspection labels of some observed fire extinguishers have expired. Contact the Fire Department of National City to have them inspected and certified. -- $0 $0 Examine and check irrigation system, and make necessary repairs and adjustments. -- Lump Sum $ 500 Fin in the bare spots in various areas that are planted with ground covers and/or grass. -- $600 $ 600 Total - $1,100 1.4 Recommended Short Term and Intermediate Term Repairs The following objectionable property conditions need to be corrected within the next five (5) years before they evolve into more costly repair/replacement items: ® Replace all existing heating units with new energy -efficient models within the next three years. ESTIMATED COST: 96 units @ $300 each $28,800.00 a Replace hot water heaters within three years (3). ESTIMATED COST: 10 units @ $500 each $ 5,000.00 • Replace 30 window units within the next two years. ESTIMATED COST: 30 units @ $400 each $12,000.00 • Repair, seal -coat and restripe the asphalt paved driveway and parking lot within three years. ESTIMATED COST: $16,300.00 Z�l Jun 12 03 10:38a Cec'lia Huang 80 375-8292 p.6 ® Paint building exteriors within the next four years, including exterior walls, stairs, second floor corridor railings, trash enclosure and wood posts. ESTIMATED COST: 8 buildings @ $12,000 each $ 96,000.00 • Paint wood and concrete block fence walls. ESTIMATED COST: Lump Sum $ 8,500.00 • The buildings are partially fitted with metal gutters and downspouts along the low edges of the roofs. Gutters and downspouts should cover the whole roof edges. This work should be carried out before the next raining season. ESTIMATED COST: Lump Sum $ 4,000.00 • Repair the swimming pool deck and resurface the pool within two years. ESTIMATED COST: $ 4,600.00 TOAL COST: $175,200.00 5G Jun 12 03 1038a Cecelia Huang 80 T375-8292 p • 7 2.0 SCOPE OF WORK Scope of Work for this PCA is based upon the requirements as outlined by Joseph Scarlatti of Westone Management Consultants, and included the following: A. Buildings 1) Roofs 2) Foundations 3) Walls, Windows and Doors 4) Exterior Paint and Woodwork 5) Plumbing 6) Mechanical 7) Water Heaters 8) Electrical B. Common Area 1) Pavement 2) Walkways 3) Landscaping/Plantings 4) Irrigation System 5) Swimming Pools/Spas/Saunas 6) Common Recreation Rooms 7) Trash Areas 8) Mechanical 9) Electrical 10) Exterior Common Area Lighting 11) Walls and Fences 12) Drainage Facilities Jun 12 03 10:38a Cecilia Huang 80 , 375-8292 p. 8 3.0 SALIENT INFORMATION Project 03-C-01758 Property Name Villa Real Property Address 915 E. 4th Street and 320 J Avenue National City, California 91950-1503 Year Built 1963 Year Renovated The buildings were reroofed in 2000 Zoning ' R3, Multiple Dwelling Occupancy Group B-2 s Construction Type V-1, Not Ere-sprinklered Number of Buildings 7 Apartment Building and One Single Family House Number of Apartments 96 1 x 1 Units and a 3 x 1 Single Family House Resident Manager Guillermina S.a ido Tel: 619-477-8567 Occupancy Rate 97%, currently there are 3 vacant units Number of Stories Apartment Buildings: 2-Story Single Family House: One -Story Basement None Size of Apartment 1 x 1 : ,450 s.f. 1 x 3 : 1,000 s.f. Total Building Area . Approximately 45,160 square feet, rentable Number of Parking Spaces 96 Spaces on Asphalt Paved Surfaces Property Visit Date March 7, 2003 Property Visit Conducted by Johnny Huang, P.E. Accompanied By Joseph Scarlatti and Lindsay Erickson of Westone Management Consultants, and Guilleunina Salido, the Resident Manager Weather Sunny, mid 60's '�Z Jun 12 03 10:38a Cecjlia Huang 80 -375-8292 pa 9 4.0 SYSTEM DESCRIPTION AND OBSERVATION A. Buildings 1) Roofs Description: The seven (7) apartment buildings and the single family house are weatherproofed with a conventional pitched roofing system. Design drawings of the Apartments were not available for our review. It is likely that the roofing systems are over plywood roof sheathing supported on wood frame composed of rafters, joists and studs. The pitched roofing systems appear to be composed of asphalt impregnated and mineral surfaced roofing shingles over heavy felts supported on plywood roof sheathing. Pitched roofing is a proven waterproofing product with a long and impressive performance record. A well constructed system of the project type with proper maintenance effort can easily last 20 to 25 years, provided that the felts are well shielded from the ultra -violet rays from the sun. Roofing cement, metal flashing and counterflashing, roof j acks, and other waterproofing materials and devices are implemented at joints of the roofs and penetration locations. Observations/Comments: Management of the property advised that the buildings were reroofed in year 2000. There are no roof leak reports, and no signs of leakage were noted during JCEP/Huang's on - site visit. The roofing systems appeared adequately maintained and in good condition. However, it was observed that all roofs are partially fitted with metal gutters and downspouts. JCEP/Huang recommends that all roofs should be fully covered by metal gutters and downspouts. This work should be carried out before the next raining season. No other repairs are recommended at this time. 2) Foundations Description: Original plans and specifications were not provided for JCEP/Huang's review. The apartment complex is likely to be founded on cast -in -place reinforced concrete perimeter footings, column footings, and interior grade beams with concrete slabs -on -grade. z3 Jun 12 03 10;39a Cep lia Huang 375-8292 po10 Observations/Comments: Visible portions of the foundations were observed to be in good condition. No signs of cracking, settling, or distress were observed. No repairs are recommended at this time. 3) Walls, Windows and Doors Description: Exterior walls of the apartment buildings are observed to be constructed of painted wood sidings and stucco. Typically, the stucco is over lath and water-repellent building paper on plywood backing supported on wood studs, and sidings are over building paper and supported by wood studs too. Window and door openings are likely to have been reinforced with additional wood members for stress transferring continuity. Apartment unit entry doors are of solid core fire -rated type with twist - action door knob and dead bolt hardware. Entry doors to the single family house and the leasing office are of solid wood with small glass panels. These doors have similar hardware as that of the apartment entry doors. Interior doors are typically of hollow cored units. Windows are of aluminum framed glass sliding units. Observations/Comments: No structural distresses were noted on the walls. The walls remain to be straight, in line and plumb. Generally, exterior walls appeared adequately maintained and in good to fair condition. However, watermarks were observed along the lower portion of the exterior walls at several buildings. They appear to be caused by irrigation. JCEP/Huang recommends that irrigation system be thoroughly examined and make necessary repairs and adjustment. Management of the property advised that building exteriors were painted about 6 to 7 years ago. It is recommended that the building exteriors be painted within the next 4 years. Windows and doors appeared adequately maintained and in good to fair condition. However, it was estimated that about 30 window units need to be replaced within the next two years. 4) Exterior Paint and Woodwork Description: Woodwork is typically covered by painted stucco and sidings. Exterior paint includes the stairs, stucco and wood trims, railings along the 2"d floor corridor, trash enclosure and wood posts. Jun 12 03 10o39a Cecilia Huang 805-375-8292 p.11 Observations/Comments: It is recommended that all building exteriors be painted within the next four years. 5) Plumbing and Hot Water Heaters Description: Plumbing system of the subject apartments includes necessary hot and cold water supplies, drainage, waste, and vents. Water supply, waste, drainage and vent lines consist of copper water piping, cast iron and ABS waste and vent piping, and steel natural gas piping. Sanitary sewers and storm wastes are discharged to the respective public infrastructures. No sewage lift stations were observed during the property visit. Domestic hot water for the apartments is provided by 13 gas -fired hot water heaters. While the laundry room, which has 6 washers and 7 dryers, is equipped with a devoted gas -fired hot water heater. So is the single family house. Apartment bathroom fixtures consist of floor supported lavatories with wood cabinets, floor mounted toilets and white fiberglass bathtubs with showers. Observations/Comments: Plumbing system of the subject property was observed in good condition, and appeared adequately maintained. Management of the property advised that a total of 5 gas -fired hot water heaters were replaced within the last 5 years. The other 10 units are quite old, but functioning. It is recommended that these 10 hot water heaters be replaced within the next 3 years. Observed hot water heaters appeared properly strapped for seismic safety, no repairs are recommended at this time. 6) Mechanical Description: Due to the mild climate condition of the project area, no air conditioning for cooling is considered needed, and none is provided. Heating of each apartment is provided by individual wall heaters powered by natural gas. Bathrooms and kitchens are equipped with wall switches controlled exhaust fans. Exhausts are ducted through the roof. Ventilation of the apaituients is by gravity arid natural breeze. Observations/Comments: Mechanical system of the subject property appeared adequately maintained and in good operative condition. Equipment capacities also appear adequate for the intended usages. No repairs are recommended at this time. Due to aging, it is estimated that 96 wall heaters need to be replaced with energy efficient units within the next three (3) years. 33 , Jun 12 03 10:39a Ce 1is Huang 80_-375-8292 p.12 7) Electrical Description: Electrical service for the property is from electric pole supported, and San Diego Gas and Electricity owned transformers to the buildings' distribution panels. Tenants are individually metered for electric services. Power to the buildings is provided at 120/208-volts. Each apartment is provided with a 120-volt, 50-ampere single-phase • service. Circuit breakers are provided for overload protection. Observed conductors and wiring appeared to be copper enclosed in metallic and plastic conduits. Observations/Comments: Electric system of the property appeared in good condition. No repairs are necessary for the electrical system. B. Common Area 1) Pavement and Walkways Description: Poured concrete curb and sidewalk parallel to 4th Street and J Avenue are provided as part of the City's sidewalk system. On - site driveways and parking lots are typically paved with asphalt concrete, while the curbs and sidewalks along the borders of the asphalt pavement are constructed of reinforced concrete slabs -on -grade. Walkways in courtyard areas and the entry way to apartments are composed of cast -in -place reinforced concrete slabs -on -grade for the ground floor units. Second floor corridor is composed of reinforced concrete slabs on wood framing. Observations/Comments: Reinforced concrete slabs -on -grade were observed in a good state of repair. No cracking or significant displacement of the concrete flat work was noted. Generally, asphalt paved driveways and parking lots appeared adequately maintained and in good condition. However, the asphalt pavement needs localized repairs, a new seal- coating and the parking spaces need to be restriped at 3 to 4 year intervals. 2) Landscaping/Plantings Description: Adequate landscaping of matured palms, evergreen and deciduous trees, flowers, bushes, and grass is provided along the sidewalks parallel to the city streets and inside the property. Observations/Comments: Landscaping and plantings appeared to be adequately maintained and in good condition. Except some bare spots _5 Jun 12 03 1040a Cecilia Huang 80-375-8292 p.13 that should be filled with matching ground covers. This work should be done immediately. No other repairs are recommended at this time. 3) Irrigation System Descriptions: Automatic irrigation system is provided for all landscaped areas of the property. Sprinkler lines appear to be PVC with 2" main and 3/4" branches, sprinkler heads appear to be brass. Observations/Comments, The irrigation system appears to be able to provide adequate coverage for the landscaping and planting. Landscaping and irrigation are serviced and maintained weekly by gardening services. Irrigation system of the property appeared adequately maintained and in good condition. It is noted that watermarks caused by irrigation are evident along the lower area of the exterior walls near the ground covers at several building locations. JCEP/Huang recommends that the irrigation system be thoroughly examined. Make necessary repairs and adjustments to assure the proper spraying of irrigation water. 4) Swimming Pool/Spa Description: A swimming pool is centrally located in this apartment complex. Automatic filtering system is provided, but the pool is not heated. Observations/Comments: Regular maintenance and service is routinely performed by local swimming pool services. The pool appeared adequately maintained and in good condition. Management of the apaitiuents indicated that the pool has not been resurfaced for sometime, Irregularities were observed on the swimming pool surface. It is recommended that the pool be resurfaced and its deck be repaired locally in two years. 5) Common Recreation Rooms There are no common recreation rooms in the subject property. 6) Trash Areas Description: Painted wood fenced trash enclosure is provided for the property. It is conveniently located at the southeastern section of the , Jun 12 03 10;40a Cecilia Huang 80 -375-8292 pa14 parking lot near the gate facing J Avenue for garbage disposal and truck collection. A trash bin is placed inside the enclosure for dumping and collection by the garbage trucks. Trash is collected twice weekly by Pacific Waste Service. Observations/Comments: Trash area appeared clean and without objectionable odor. The area appeared adequately maintained and in good condition. Trash enclosure should be painted in conjunction with the exterior paint. 7) Mechanical There are no mechanical units provided for the common area. See A6 for mechanical system for thedwelling units. 8) Electrical See A7 for details. 9) Exterior Common Area Lighting Description: Lighting for these areas is provided by building wall mounted and metal pole supported lighting fixtures. The city lights somehow help illuminate the Bite_ Observations/Comments: The property was not observed at night, but it appears that lighting is provided for proper illumination of the site at night. New exterior lights can be considered to enhance the overall appearance of the property. 10) Walls and Fences Description: There is a combination of painted wood and concrete block wall fences along the boundary of the property, except the front where it faces 4th Street. Additionally, painted metal fence and entry driveway gate to the parking lot are provided on the south side of the property facing J Street. Observations/Comments: Walls and fences appeared in good condition. Only minor repairs are required for the wood fences. This work can be carried -out in conjunction with the painting of the fences. Jun 12 03 10:40a Cecilia Huang 805-375-8232 p.15 11) Drainage Facilities Description: On -site drainage is primarily surface controlled. Building pads are raised above gradient for proper drainage. Rainwater from the roofs is carried by metal gutters and downspouts or splashed down to the site drainage system which, in turn, is connected to the public storm drainage infrastructure. Asphalt paved driveways are constructed with noticeable slopes that are away from the building structures and converge to the center swales of the pavements for proper drainage. Observations/Comments: Drainage systems of the property appear to have positive slopes that lead water away from the building structures and towards the collection devices. No significant ponding areas were noted during the property visit. No repairs are reconunended at this time. 31 Jun. 11 2003 10:45PM P1 0 O NATIONAL CITY, CALIFORNIA APPLICATION for Conditional Use Permit Planned Development Peiinit Planned Unit Development Permit Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619)336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number `)-2c01- / 41,2co5 - Filing Fee $ 311 5042.- Receipt No. iilerfag Date Received 3Pli (35 By C., (1,"•\ E.A.F. Required Fee $ — Related Cases LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) A ea PROPERTY LOCA I ION gia) 44v1 Pru,e, No. between ,461(11a.triol and Plt COMBINED GENERAL PLAN/ZONING DESIGNATION Street * z ?p Conditional Use/Planned Development/plarmed Unit Development Permit Application Revised December 1998 Page 1 ot 4 REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.116), Planned Development Permit (Chapter 18.126), or Planned Unit Development Permit (Chapter 18.30) to use the above described property for the following purposes: Carl ver4 fo Condon* (U- PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Name: eigna Signature ( gnature acknowledges t t s (Signature acknow ed?' that this application is being file Address: () freed (A. Oa/a Zvi O14jo , Phone No. (Q/9 ` Z32 m (904(4/ Fax No. (o (C - Z 3°I - '5c/34 Date: application is being filed) Address: Phone No. Fax No. Date: Conditional Use/Planned Development/Planned Unit Development Permit Application onR 4 _ Page 2 of 4 Address: APPLICANT Name: Signature: Jttth (Please typ• tint) Air 4 ignature certifies thar4T information submitted with this application is true and accurate to the best of the applicant's knowledge). 26111 efn(Th4ivf5 9tree4, 5tuie 414 El Ca jun( Czt vow age,m64- Gormil-anf5 Phone No. bp- 0g6-1-mq3 Fax No. big - 650' - 1/6 I/ Date: /VI h) .41W/Ig-6 7/0 --Aiij 42&G' / Pit7Z k/Zi9 / 6/9 72.2` 0e7 Conditional Use/Planned Developmmt1Planned Unit Development Permit Application Revised December, 1998, - 43 • Page 1 Order No. 33040213 DESCRIPTION PARCEL 1: THAT PORTION OF THE WESTERLY HALF OF 20 ACRE LOT 2 IN QUARTER SECTION 131 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 166 BY MORRILL ON FILE IN THE COUNTY RECORDER'S OFFICE OF SAID SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF THE SOUTHERLY HALF OF THE WESTERLY HALF OF THE NORTHERLY HALF OF SAID 20 ACRE LOT 2; THENCE WESTERLY ALONG THE NORTHERLY LINE THEREOF 172.50 FEET; THENCE SOUTHERLY IN A STRAIGHT LINE TO A POINT ON THE SOUTHERLY LINE OF SAID 20 ACRE LOT 2, WHICH IS DISTANT THEREON 171.46 FEET WESTERLY FROM THE SOUTHEASTERLY CORNER OF THE WESTERLY HALF OF SAID LOT; THENCE EASTERLY ALONG SAID SOUTHERLY LINE TO SAID SOUTHEASTERLY CORNER; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID WESTERLY HALF OF 20 ACRE LOT 2 TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF FOURTH STREET AND "J" AVENUE AS SHOWN ON FRANK A. KIMBALL'S SUBDIVISION MAP NO. 98 ON FILE IN SAID RECORDER'S OFFICE OF SAN DIEGO COUNTY; THENCE NORTH 18° 21' 30" WEST A DISTANCE OF 40.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 71° 26' 00" WEST ALONG THE NORTHERLY LINE OF SAID FOURTH STREET, A DISTANCE OF 30.00 FEET; THENCE NORTH 18° 21' 30" WEST A DISTANCE OF 330.48 FEET TO THE NORTH PROPERTY LINE OF THIRD STREET; THENCE NORTH 71° 18' 00" EAST ALONG THE NORTH PROPERTY LINE OF THIRD STREET TO ITS INTERSECTION WITH THE CENTER LINE OF "J" AVENUE A DISTANCE OF 30.00 FEET; THENCE SOUTH 18° 21' 30" EAST ALONG SAID CENTER LINE A DISTANCE OF 330.48 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING. PARCEL 2: ALL THAT PORTION OF LOT "A" IN BLOCK 1 OF SUNNY HILL, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1885, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 10, 1926, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID LOT "A" WITH THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF LOT 1 IN SAID BLOCK 1, THENCE NORTH 71° 26' 00" EAST ALONG SAID PROLONGATION AND SAID SOUTHERLY LINE 80.00 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE SOUTH 18° 35' 00" EAST ALONG THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LOT 1 A DISTANCE OF 125.00 FEET; THENCE SOUTH 71° 26' 00" WEST PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 1 A DISTANCE OF 80.00 FEET IN THE WESTERLY LINE OF SAID LOT "A"; THENCE NORTH 18° 35° 00" WEST ALONG SAID WESTERLY LINE 125.00 FEET TO THE POINT OF BEGINNING° Justification to Section 18e116.020 #1 That the site for the proposed use is adequate in size and shape The site is 1.8 acres and has been developed to the building standards and the building code of the day. The project consists of 97 rental units of which 96 are one bedroom & one bathroom approximately 465 square feet and one unit of approximately 1,200 square feet. There are 98 parking spaces. The project have access to on -street parking on both Fourth Avenue and J Avenue. #2 That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use The site has pedestrian access from Fourth Avenue and J Avenue. The parking is accessed from J Avenue through double wide security gates. The street are to current standards and the change in use from apartments to condominiums will not increase traffic. Access to and from the project is by major arterial traffic routes and are adequate to carry the existing traffic. #3 That the proposed use will not have an adverse effect upon adjacent or abutting properties Given that the proposed change in use is from apartments to condominiums and that no additional structures will be added to the project there will be no adverse effect to the abutting properties. Condominium conversions have consistently enhanced the neighborhood and should exist well with the residential areas to the North and the East. #4 That the proposed use is deemed essential and desirable to the public convenience or welfare The proposed conversion will provide 97 first-time home -buyer opportunities which currently do not exist in the City of National city. Given the current rental rates, most of the tenants will have the ability to purchase their units given current interest rates and various first -time -buyer programs. 4 y CRS, INC. 1 640 BROADWAY SUITE A SAN DIEGO, CA 92101 (619) 232-6644 FAx (619) 239-8934 July 29, 2002 RE: 304-320 "J" Ave. & 905-927 4th Ave., National City, CA 91950 To Whom It May Concern: I, Dan Furlan, give permission to Joseph Scarlatti to obtain any documents pertaining to the above referenced property. Mr. Scarlatti also has permission to sign any applications, forms, letters, or related documentation for the above referenced property. Dan Furlan NATIONAL CITY, CALIFORNIA APPLICATION for r Tentative Parcel Map �/ Tentative Subdivision Map Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number Cv P-20 -151 S-2003 e Filing Fee $151 1CD Date Received )) E.A.F. Required Fee $ Related Cases Receipt No. WON( By Ce SEE FILING INSTRUCTIONS AND CHAPTER 17 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION ASSESSOR PARCEL NO. p%7 - 1 g() - 21 ®po PROPERTY LOCATION 913 E ,f- L/&l Waimina,%(ia l G/4 92/0/ Jag ci Rue . , A/ 'ilorla/ e y, a/v/ COMBINED GENERAL PLAN/ZONING DESIGNATION i RW - - PCB Tentative Parcel/Subdivision Map Application Revised December, 1998 OR OTHER AUTHORIZED REPRESENTATIVE Name: Signature% Signature (Signature acknowledges • .t this (Signature acknowledges that this application is being filed) application is being filed) Address: 2,91/ ChaI i St. Suite. /4' Address: 6cyi n al 42DZd Phone No. (219- o8i5 - 4/6 q3 Fax No. 08 - SS -169 I Date: 3 % /$I7.0o3 PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Phone No. iU ( p Name: 067 C, Fax No. Date: Name: N / �1 Signature 6.0,/ Signature (Signature acknowledges at this (Signature acknowledges that this application is being filed) application is being filed) Address: 1V{D Oro r ? wou , e II �5 D1,p (04- wag id/ Phone No. @igq _ (4(p "7 Fax No. Date: 3/ J' /2 0 3 Address: N �A Phone No. Fax No. Date: • -1 Tentative Parcel/Subdiviston leap Application _ Pale 2 of 3 APPLICANT Name u ae €- A rc we At G.r fcr0 (Please type o Signature: (Signature certifies tf the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: Z�y Chc+M t #S ?fad; 5buieyy a 66t-tem CA (now Phone No. (0•11 - 555i3 -1159_3 Fax No, le / - 10/7 Date: Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 3 of 3 4,9 CRS, INC. 1 640 BROADWAY SUITE A SAN DIEGO, CA 92101 (61 9) 232-6644 FAX (619) 239-8934 July 29, 2002 RE: 304-320 "J" Ave. & 905-927 4ch Ave., National City, CA 91950 To Whom It May Concern: I, Dan Furlan, give permission to Joseph Scarlatti to obtain any documents pertaining to the above referenced property. Mr. Scarlatti also has permission to sign any applications, forms, letters, or related documentation for the above referenced property. Dan Furlan City of National City, California COUNCIL AGENDA STATEMENT .FETING DATE May 4, 2004 19 AGENDA ITEM NO. 7- ITEM TITLE Resolution Awarding Financial Advisor Services for the City of National City to Estrada Hinojosa Investment Bankers from May 5, 2004 to May 5, 2007 PREPARED BY Chris Zapat DEPARTMENT Phone: 619/ 6-4240 EXPLAN TlON Please see attached explanation Environmental Review X N/A. Financial Statement City Manager Approved Blo m vec r Funds are available in Non -Departmental Experts and Consultants, Account 001-409-000-2�13.nce "the �ee ' on an as -needed basis at the rate of $200/hour for Principal/Senior Bankers; $125/hour for Other Professionals; and $75/hour for Administrative Support. Account No.001-409-000-213 (-STAFF RECOMMENDATION Staff recommends hiring Estrada Hinojosa Investment Bankers as the City's Financial Advisor to include all areas specified in Exhibit A. BOARD / COM ISSION RECOM 'N AT1ON ATTACHMENTS ( sited Sel Resolution No. 1. Explanation 2. Resolution 3. Proposed Agreement 4. Fee Schedules — All Firms 5. Biography — Estrada Hinojosa A-2l ATTACHMENT 1 City of National City Office of the City Manager Chris Zapata - City Manager 1243 National City Boulevard, National City, CA 91950 Phone: (619) 336-4240 Fax: (619) 336-4327 TO: Mayor & Council FROM: Chris Zapata, City Manager RE: RECOMMENDED FINANCIAL ADVISOR DATE: April 21, 2004 A Request for Qualifications for National City Financial Advisor was released last month. The purpose of the Financial Advisor is to assist the City in review of major financial transactions, develop financing scenarios, prepare a debt management plan, analyze fiscal policies and provide investment advice. These services are necessary with the scope and scale of current projects underway and anticipated. There is a need to review and maximize investment opportunities that may be available with current assets in coordination with the Community Development Corporation financial advisor as well. Staff conducted interviews of three qualified financial advisor firms for the City on Friday, April 16`h. The review panel consisted of the Finance Director from CDC and the City as well as myself. Estrada Hinojosa was the unanimous choice of the panel based on these factors: • Bi-national experience • Ethics and oversight involvement of firm on federal boards • Experience working with City Council and staff to provide clarity on complex financial problems through training (i.e. Municipal Bonding 101) • San Diego based office • Understanding of National City opportunities and threats • Currently co -financial advisor to Port of San Diego • Principal's experience in working with public and corporate financing as well as City Managers and Finance staff ® Recycled Paper • www.ci.national-city.ca.us • e-mail: cmo@ci.national-city.ca.us t Recommended Financial Advisor Page Two There was not a large variation in the fee costs for services. Attached is the fee schedule for each firm. Also attached is a biography of the firm as well as the Request For Qualifications to firms. The submittals by the companies are also available for your review as well as public review upon request. ATTACHMENT 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ESTRADA HINOJOSA INVESTMENT BANKERS FOR FINANCIAL ADVISING SERVICES WHEREAS, the City desires to employ a consultant to provide financial advising services as needed, and WHEREAS, the City has determined that Estrada Hinojosa Investment Bankers is a financial advisory and bond underwriting firm, and is qualified by experience and ability to perform the services desired by the City, and is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City herby authorizes the Mayor to execute an agreement with Estrada Hinojosa Investment Bankers to perform financial advising services. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of May, 2004. Nick Inzunza - Mayor ATTEST: Michael R. Dalla - City Clerk APPROVED AS TO FORM: George H. Eiser, III - City Attorney ATTACHMENT 3 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ESTRADA HINOJOSA INVESTMENT BANKERS THIS AGREEMENT is entered into this 5th day of May 2004, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Estrada Hinojosa Investment Bankers (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide financial advisory services as needed. WHEREAS, the CITY has determined that the CONTRACTOR is a financial advisory and bond underwriting firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings as needed to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. Revised August 2003 3. PROJECT COORDINATION AND SUPERVISION. Chris Zapata hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Ruben Mendoza thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shall not exceed the schedule given in Exhibit B. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for fumishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. The term of this Agreement shall commence on May 5, 2004 and terminate on May 4, 2007. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 Revised August 2003 Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its' agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever 3 Revised August 2003 nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the fumishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The 4 Revised August 2003 CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the 'extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. 5 Revised August 2003 B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT's E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than `occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. employees. ment. H. Any aggregate insurance limits must apply solely to this Agree - I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VII1 according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attomey's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attomey's fees incurred by the CITY in its prosecution or defense of 6 Revised August 2003 the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be bome equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60- day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall 7 Revised August 2003 )O be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: ' To the CITY: Chris Zapata, City Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 To the CONTRACTOR: Ruben Mendoza, Senior Vice President Estrada Hinojosa Investment Bankers 437 J Street, Suite 212 San Diego, CA 92101 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Govemment Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic 8 Revised August 2003 /1 Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such 9 Revised August 2003 party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY ESTRADA-HINOJOSA (Two signatures required for a corporation) By: By: Nick Inzunza, Mayor (Name) Robert A. Estrada (Title) Chairman & CEO APPROVED AS TO FORM: By: George H. Eiser, III (Name) Ruben Mendoza City Attorney (Title) Senior Vice President 10 Revised August 2003 u 1 1 1 1 1 1 1 1 1 1 1 1 FIRM SERVICES I) Whatfinancial advisowy services is your finis capab4, ofprovidiag? Describe the type of services. Estrada Hinojosa would provide ongoing support to the City. We are extremely familiar with city issuers, and feel that our expertise could be an advantage in addressing the financing needs of the City. If selected for this engagement, we agree to provide our professional services and our facilities as Financial Advisor and agree to direct and coordinate all programs of financing as may be considered and authorized. We agree to perform the following duties normally performed by financial advisors and all other duties as, in our judgment, may be necessary or advisable: 1. We will conduct a survey of the financial resources of the City to determine the extent of its capacity to authorize, issue and service debt. This survey will include an analysis of existing debt structure as compared with the existing and projected sources of revenues which may be pledged to secure payment of debt service. In the event revenues of existing or projected facilities operated by the City are to be pledged to repayment of the Debt Instruments then under consideration, the survey will take into account any outstanding indebtedness payable from the revenues 'thereof and additional revenues, if any, resulting from improvements to be financed by the Debt Instrurents under consideration. We will also take into account future financing needs and operations as projected by the staff and consultants or other .,.y er ts, if any, employed by the City. 2. On the basis of the information developed by the survey described above, and other information and experience available to us, we will submit to the City our recommendations on the Debt Instruments under consideration including such elements as the date of issue, interest payment dates, schedule of principal maturities, portions of prior payment, security provisions, and any other additional provisions designed to make the issue attractive to investors. All recommendations will be based upon our professional judgment with the goal of designing Debt Instruments which can be sold under terms most advantageous to the City and at the lowest interest cost consistent with all other considerations. 3. We will advise the City of current bond market conditions, forthcoming bond issues and other general information and economic data which might normally be expected to influence interest rates or bidding conditions so that the date of sale of the Debt Instruments may be set at a time which, in our opinion, will be favorable. 4. We understand the City has retained, or will retain, firms of municipal bond attorneys (the "Bond Counsel") whose fees will be paid by the City. 5. We will recommend the method of sale of the Debt Instruments that, in our opinion, is in the best interest of the City and will proceed, as directed by the City, with one of the following methods: a. A rtvertisert Sale: We will supervise the sale of the Debt Instrument at a public sale in accordance with procedures set out herein. We reserve the right, alone or in conjunction with others, to submit a bid for any Debt Instruments issued under this Agreement that the City advertises for competitive bids. In compliance with Rule G-23 of the Municipal Securities Rulemaking Board, we will request consent to bid in writing, in any instance wherein we elect to bid, prior to submitting a bid for each installment of Debt hvstr unents. b Nrgotiatrrl Sale- We will recommend one or more investment banking firms as managers of an underwriting syndicate for the purposes of negotiating the purchase of Debt Instruments and in no event will we 30 1 EXHIBIT A participate either directly or indirectly in the underwriting of the Debt Instruments. We will collaborate with any senior managing underwriter selected and Coimsel to the underwriters in the preparation of the Official Statement or Offering Memorandum We will cooperate with the underwriters in obtaining any Blue Sky Memorandum and Legal Investment Survey, preparing the Bond Purchase Contract, Underwriters' Agreement and any other related documents. The costs thereof, including the printing of the documents, will be paid by the underwriters. c. Private Placement: Upon authorization by the City and acting in its behalf, we will place privately the Debt Instruments directly with institutional investors. We will prepare and provide to the prospective purchasers a Limited Offering Memorandum and other related documents. 6. When appropriate, we will advise financial publications of the forthcoming sale of the Debt Instruments and provide them with all pertinent information. 7. We will coordinate the preparation of the Notice of Sale and Bidding Instructions, Official Statement, Official Bid Form and such other documents as may be required. We will submit to the City all such documents for examinations, approval and certification. After such examination, approval and certification, we will provide the City with a supply of all such documents sufficient to its needs and will distribute by mail sets of the same to prospective bidders and to banks, life, fire and casualty insurance companies, investment counselors and other prospective purchasers of the Debt Instruments. We also provide sufficient copies of the Official Statement to the purchaser of the debt Instruments in accordance with the Notice of Sale and Bidding Instructions. 8. We will, after consulting the City, arrange for such reports and opinions of recognized independent consultants we deem necessary and required for the successful marketing of the Debt Instruments. 9. Subject to the approval of the City, we will organize and make arrangements for such information meetings as, in our judgment, may be necessary. 10. We will make recommendations to the City as to the advisability of obtaining a credit rating, or ratings, for the Debt Instruments as, in our opinion, is required for submission to the appropriate company, institution or institutions. In those cases where the advisability of personal presentation of information to the rating agency, or agencies, may be indicated, we will arrange for such personal presentations. 11. We will make recommendations to the City as to the advisability of obtaining municipal bond insurance or other credit enhancement, or qualifications for same, for the Debt Instruments and, when directed by the City, we will coordinate the preparation of such information as, in our opinion, is required for submission to the appropriate company, institution or institutions. In those cases where the advisability of personal presentation of information to the appropriate company, institution or institutions may be indicated, we will arrange for such personal presentations. 12. We will assist the staff of the City at any advertised sale of Debt Instruments in coordinated the receipt, tabulation and comparison of bids and we will advise the City as to the best bid. We will provide the City with our recommendations as to acceptance or rejection of such bid. 13. As soon as a bid for the Debt Instruments is accepted by the City, we will proceed to coordinate the efforts of all concerned to the end that the Debt Instruments may be delivered and paid for as expeditiously as possible. We will assist the City in the preparation or verification of final closing figures incident to the delivery of the Debt Instruments. 14. We will maintain liaison with Bond Counsel in the preparation of all legal documents pertaining to the authorization, sale and issuance of the Debt Instruments. Bond Counsel will provide an unqualified legal opinion as to the legality of the issuance of the Debt Instruments at the time of delivery. 15. If requested, we will counsel with the City in the selection of a Paying Agent/Registrar for the Debt Instruments, and will assist in the preparation of agreements pertinent to these services and the fees incident thereto. 31 ESIBADAIIIININSA I) 1 1 1 1 1 1 1 1 1 1 1 1 1 16. In the event formal verification by an independent auditor or any calculations incident to the Debt Instruments is required, we will make arrangements for such services. 17. We agree to do, or cause to be done, all work incident to pertaining of the Debt Instruments, obtaining approval, as may be required by the Attorney General, registration by the Comptroller of Public Accounts and delivery to the purchaser. 18. After the closing of the sale and delivery of the Debt'Instruments, we will deliver to the City a schedule of annual debt service requirements on the Debt Instruments. In coordination with Bond Counsel, we will assure that the Paying Agent/Registrar has been provided with a copy of the authorizing ordinance, order or resolution. 19. We will attend any and all meeting of governing body of the City, its staff, representatives or committees as requested at all times when we may be of assistance or service and the subject of financing is to be discussed. 20. We will advise the City and its staff of changes, proposed or enacted, in Federal and State laws and regulations which would affect the municipal bond market. 21. We will work with the City, its staff and any consultants employed by the City in developing financial feasibility studies and analyzing alternative financing plans. ADDITIONAL SERVICES In addition to the services set out above, we agree to provide the following services when so requested: 1. We will provide our advice as to the investment of certain funds of the City. We will, when so directed, purchase those investments authorized to be purchased and we will charge a normal and customary commission for each such transaction. 2. We will provide our advice and assistance with regard to exercising any call and/or refunding of any outstanding Debt Instruments. 3. We will provide our advice and assistance in the development of, and financing for, any capital improvement programs of the City. 4. We will provide our advice and assistance in the development of the long-range financing plan of the City. 5. We will provide any other financial planning services as may be requested by the City. 32 tt i Name Estrada Hinojosa 437 J Street, Suite 212 San Diego, CA 92101 Ph: (619) 234-7783 Fax: (619) 234-1576 Contact Person: Robert A. Estrada Chairman & CEO Ruben Mendoza Senior Vice President , rmendoza u(�,estradhino josa.com Financial ,Advisory Services Fee Schedule Fee Bond Amt Additional Fees Base Fee — Any issue - $7,500 Plus - $12.50 per $1,000 up to $250,000 or $10,625 for $250,000 Bonds Plus - $11.50 per $1,000 next $250,000 or $13,500 for $500,000 Bonds Plus - $7.00 per $1,000 next $500,000 or $17,000 for $1,000,000 Bonds Plus - $4.75 per $1,000 next $1,500,000 or $24,125 for $2,500,000 Bonds Plus - $2.75 per $1,000 next $2,500,000 or $31,000 for $5,000,000 Bonds Plus - $1.50 per $1,000 next $5,000,000 or $38,500 for $10,000,000 Bonds Plus - $1.25 per 1.000 over $10,000,000 Will charge in addition to Financial Advisory Fee, a computer fee to be negotiated on a case -by -case basis. On Grant/Loan Programs, the fees set forth above will be used to compute a fee based on the total project cost, plus out-of-pocket expenses as set forth below. Estrada Hinojosa will bill the issuer at Closing for each issue of Obligations A net amount which will include a fee calculated on the above schedule as Well as costs and expenses, where applicable, incurred on behalf of the issuer For the Bond Attorneys, preparation, printing, and distribution of the Notice Of Sale, Official Statement, Uniform Bid Form or Private Placement Memorandum, independent consultants, out-of-pocket expenses, information Meetings, if any, presentations to rating agencies and rating fees, if any, Printing of Obligations, and all appropriate costs and expenses associated With the closing and delivery of the Obligations. Specific Assignments Principal/Senior Bankers-$200/hr Other Professionals $125/hr Administrative Support $75/hr Revenue Bond Issues shall be the amount shown plus a 40% additional charge. Advanced Refunding Issues shall be the amount shown plus a 20% additional charge. For any issue of Advanced Refunding Bonds and/or other Debt Instruments Involving Escrow Agreements, in addition to Financial Advisory Fee, a computer Fee to be negotiated on.a case -by -case basis. 1 IDronosal to Provide Financial ,Advisory Services 1. Urban Futures, Inc. 3111 N. Tustin Ave, Ste 230 Orange, CA. 92865-1753 Contact Person: Douglas P. Anderson Ph:.(714) 283-9334 $ • • • 21,500•up to and including $ 24,500 up to and including $ 27,500 up to and including $ • 30,500 up to and including $ 33,500.up to and Including S. 35,500 up to and including $ • • .7,500.up to' and including, $ .39,500.up to and including, $ 41,500' up to and including .$ • • 43,500, up to and including $ • • 45,50.0 up to and including $ • 47,500 up to 'and•including $ 49,500 up to and including $ . 51,500 up to and. including $ • 53,500.up.to and including . $ 55,500 np..to and including • $. 57,500 up to and'including $ 59,500 up to, and including .. $ 61,500 up to,and including $ 63,500 up to and including. $ 65,600 up to and including 1. $ 67,500 up.to and including $ • • 69,500 up to and including $ 71,500 up to and including • $ 73,500 up to and including ilitid al ees ; o oci#ic ssi trients For any single issue in excess Principal-$175/hr of S25,000,000, the financial. Senior Staff-$160/hr advisor fee will be $1,500 per Associate Staff-$125/hr .• million over and above . Asst Level-$75/hr S25,000,000. • Such fee shall become payable only upon delivery by the City of such bonds. In addition, the Financial Advisor shall be reimbursedfor direct out-of- pocket expenses and for legal expenses, if a competitive bid situation is called for, out of the proceeds from the financing. $ 1,000,000 $ 2,000,000 $ 3,000,000 $ 4,000,000. $ 5,000,000 $.6,000,000 $ 7,000,000 $ 8,000,000 $ 9,000,000 $10,000,000 •. S11,000,000 S12,000,000 $13,000,000 $14,000,000 $15,000,000 $16,000,000 $17,000,000 $18,000,000 $19,000,000 $20,000,000 $21,000,000, $22,000,000 $23,000,000 $24,000,000 $25,000,000 m Name Fee Bond: Amt Additional Fees SpecificAssi2nments Of Sale, Official Statement, Uniform Bid Form or Private Placement Memorandum, independent consultants, out-of-pocket expenses, information Meetings, if any, presentations to rating agencies and rating fees, if any, Printing of Obligations, and all appropriate costs and expenses associated With the closing and delivery of the. Obligations. . Revenue Bond Issues shall be the amount shown plus a 40% additional charge. Advanced Refunding Issues shall be the amount shown plus a 20% additional charge. For any issue of Advanced Refunding Bonds and/or other Debt Instruments Involving Escrow Agreements, In addition to Financial Advisory Fee, a computer Fee to be negotiated on a case -by -case basis. ATTACHMENT 5 MBA HINOJOSA N r • M r E R ESTRADA HINOJOSA & COMPANY, INC. PROFILE Since its founding in 1992, Estrada Hinojosa & Company, Inc. (Estrada Hinojosa) has grown to specialize in public finance with strengths in providing municipal underwriting and financial advisory services. The Company's clientele extends to the States of Arizona, California, Colorado, Florida, Georgia, Illinois, Louisiana, New Mexico, Texas and Wisconsin. Estrada Hinojosa has amassed a total financial advisory volume of over $22.8 billion and an underwriting volume of more than $59 billion since its founding. The Company is consistently recognized as one of the top financial advisory fines in the country, as well as one of the preeminent Hispanic firms in the country. In 1992, Estrada Hinojosa received recognition in The Bond Buyer, the industry's periodical, for. ranking 2ji in the nation among all firms that served as financial advisors for short -teen tax-exempt issues. The Company takes its name after the joint leadership of Robert A. Estrada's bond underwriting experience and the financial advisory expertise of Noe Hinojosa, Jr. Today, the Company's entire network of professionals assures each client unwavering dedication and an incomparable adherence to quality and purpose with the completion of every transaction. Because of the Company's moderate size and boutique emphasis, all our professionals enjoy account responsibility, thereby enabling optimal communication with clients and among our team and ensuring clients' access to the Company's resources and seasoned professionals. Positioned as the preeminent Hispanic -owned investment banking firm in the nation, the Company is certified as a Minority Business Enterprise (MBE) and is fully registered as a broker/dealer with the National Association of Securities Dealers (NASD) and the Securities Investor Protection Corporation (SIPC). CALIFORNIA PRESENCE Estrada Hinojosa has been established in California for the past four years, and since then, the firm has had the privilege of working with a variety of California issuers. Of the overall volume of more than $81.8 billion of public finance transactions in its history, Estrada Hinojosa has completed transactions totaling over $5.7 billion ($4.2 billion in underwritings, and $1.5 billion in financial advisory) solely in the State of California. These transactions have included the following issuers: *********** California School Finance Authority California Infrastructure and Economic Development Bank County of San Diego, California Department of Veterans Affairs of the State of California Department of Water and Power of the City of Los Angeles Los Angeles State Building Authority Los Angeles Unified School District San Diego Unified Port District San Diego Unified School District State Public Works Board of The State of California The Metropolitan Water District of Southern California The firm is also serving on four commercial paper programs in the State of Califomia with: ¥ Department of Water and Power of the City of Los Angeles * Los Angeles World Airports * The Port of Los Angeles * Wastewater Department of the City of Los Angeles .2a FINANCIAL ADVISORY SERVICES As financial advisor and co -financial advisor, many of the Company's financings achieve industry recognition and rating upgrades by Fitch Ratings, Moody's Investors Service, Inc., and Standard & Poor's Ratings Group. Company professionals are experienced in all aspects of municipal finance and are continually kept abreast of the numerous developments in legislation and in the market. This knowledge is in turn imparted to clients. While Estrada Hinojosa provides "value-added" services within the range of investment banking activities, financial advisory services make up a large component of the Company's operation. The Company is qualified to assist municipal issuers with all their financing concerns, including developing pre -financing strategies, debt management planning, debt schedule budgeting, and post fmancing services. Estrada Hinojosa has extensive experience serving as Financial Advisor and Co -Financial Advisor to large and small issuers. The following list provides only a few of the firm's current and past clients. AIRPORTS San Diego Unified Port District (Airport) City of Atlanta, Georgia Airport Authority Dallas/Fort Worth International Airport Miami -Dade County — Miami International Airport CITIES Avondale, AZ Douglas, AZ Guadalupe, AZ Parker, AZ Tolleson, AZ Las Cruces, NM Rio Rancho, NM Brownsville, TX Dallas, TX (Co -Financial Advisor) Del Rio, TX Eagle Pass, TX Edinburg, TX Fort Worth, TX (Co -Financial Advisor) Houston, TX (Co -Financial Advisor) Mercedes, TX Los Fresnos, TX San Antonio, TX (Co -Financial Advisor) South Padre Island, TX COUNTIES Gila County, AZ Santa Cruz County, AZ Santa Fe County, NM Cameron County, TX Webb County, TX SCHOOL DISTRICTS Chandler, Arizona Unified School District Brownsville Independent School District Eagle Pass Independent School District STATE AGENCIES Texas Public Finance Authority (Structuring Agent) Texas State Treasury Department (Co -Financial Advisor) OTHER Metropolitan Water District of Southern California Dallas Cowboys Football Club Laguna Madre Water District North American Development Rink (NADBank) Del Mar College District South Texas Water Authority City of National City, California COUNCIL AGENDA STATEMENT >.EETING DATE May 4, 2004 AGENDA ITEM NO. 20 1-ITEM1-ITEM TITLE RESOLUTION OF THE CITY COUNCIL MEMORIALIZING THE CREATION OF THE NATIONAL CITY COMMUNITY AND POLICE RELATIONS COMMISSION, THE ESTABLISHMENT OF DUTIES OF THE COMMISSION, AND THE DECLARATION OF THE MISSION STATEMENT OF THE COMMISSION PREPARED BY George H. Eiser, III (Ext. 4221) EXPLANATION DEPARTMENT City Attorney Please see attached memorandum. CEnvironmental Review X N/A Financial Statement N/A Approved BY: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS { Listed Below ) Memorandum Proposed Resolution A-200 (9 99) Resolution No, City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, III • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 TO: Mayor and City Council DATE: April 22, 2004 FROM: City Attorney SUBJECT: Adoption of Resolution Granting Greater Authority to the Community and Police Relations Commission The duties and authority of the National City Community and Police Relations Commission (the "Commission") are set forth in City Council Resolution No. 2004-15. At their April 15 meeting, the Commission adopted amendments to the Commission Bylaws which would give it increased authority. The revised Bylaws would give the Commission authority to investigate complaints regarding police conduct, and to receive supplemental information regarding citizen complaints and such other matters as the Commission may be receiving. Because this authority would exceed that currently granted by City Council Resolution, it is necessary to include the additional authority in the proposed City Council Resolution. At their April 15 meeting, the Commission also adopted Contact/Suggestion Procedures. The main features of the Contact/Suggestion Procedures are as follows: • A Contact Form may be filed by any person directly affected by, or witnessing, alleged police misconduct or having a suggestion on improving Community/Police relations. • Contact Forms are available at the Police Station, City Hall, the Post Office, the Library, Fire Station, the Martin Luther King, Jr. Community Center, from the City Manager's Office, or by being downloaded from the Commission's website. • Contact Forms may be mailed to the Commission, or delivered personally to the City Manager's Office. • Contact Forms pertaining to an incident must generally be filed within 90 days of the incident. Contact Forms pertaining to suggestions may be filed at any time. Recycled Paper Greater Authority to NC CPRC April 22, 2004 • The Commission reviews the complaint and determines the proper course of action. If necessary, the Commission interviews complainants and clarifies the specific allegations in the complaint. If the complaint is judged to be a possible violation of police department policy and/or practice, the complaint is forwarded to the Chief of Police for further investigation. A report of progress on all Commission instigated investigations is presented to the Commission by the Chief of Police, or a designee, in closed session at the regularly scheduled or special Commission meeting. The final findings, including recommendations, are presented to the Commission, who may; (1) accept the findings and recommendations, (2) request further investigation by Internal Affairs (IA), or (3) file a request for further information with the Chief of Police and the City Attorney. Once the Commission is satisfied with the investigation and findings, the Commission Chairman prepares a Commission Report setting forth the conclusions of the Commission. Said report shall be kept confidential. • The Commission reviews a summary of IA findings about allegations in the complaint as they apply to department policy and procedures, but cannot make recommendations about discipline of officers. • In some cases complainants have the option of choosing mediation instead of an investigation and hearing. If the complainant and the officer both agree to mediation, they will meet with a neutral third party and attempt to resolve their differences through dialogue. In any event, the Commission will summarize the results and present the summary at a regularly scheduled public meeting. • When members of the community have a concern about police procedure or practice, but there is no allegation of individual officer misconduct, a policy complaint may be filed. The issue will be reviewed and the complainant will be notified about a hearing of the issue before the Commission. Policy recommendations from the Commission are presented to the City Manager and the Chief of Police. • All suggestions for improving Community Police relations will be reviewed by the Commission and presented to the City Manager's Office and the Chief of Police. A Commission Report to Council, outlining action(s) to be taken, will be mailed to the submitter within ninety (90) days of submission. The Contact/Suggestion Procedures end with the following statement: "The Commission wants to make sure that the community is informed about civilian oversight in National City and how to effectively utilize the Commission process. Please contact the Commission office if you are interested in receiving outreach materials or would like to arrange for a presentation at a school, place of worship, or other community meeting or forum." 2 Greater Authority to NC CPRC April 22, 2004 The Contact/Suggestion Procedures would also constitute an expansion of the authority presently conferred upon the Commission by the City Council. This expansion of authority also requires the adoption of the proposed resolution by the City Council. GHE/gmo 'r / GEORGE H. EISER, III City Attorney 3 Greater Authority to NC CPRC April 22, 2004 Resolution No. 2004 — May 4, 2004 Page Two (c) To allow parties the opportunity to mediate their disputes. (d) To make recommendations to the City Council regarding additional duties which the Commission may perform. (e) To make an annual report of its activities, findings and recommendations to the City Council. Section 6. That in carrying out its duties, the Commission shall fall under the overview of the Chief of Police. Section 7. That the following shall be the Mission Statement of the Commission: No. 2004-15. The Commission will (1) provide a forum for citizens to voice their concerns about police conduct, practices and policies; (2) examine police practices and policies as they pertain to conduct issues; and (3) identify opportunities to ameliorate adversity between the National City Police Department and citizen complaints. It is the intent of the Mayor and City Council that because of our actions, the relations between the citizens of this city and the Police Department will improve, and positive communications and cooperation between the Police Department and community will be facilitated. BE IT FURTHER RESOLVED that this Resolution supersedes Resolution PASSED and ADOPTED this 4th day of May, 2004. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk George H. Eiser, III City Attorney RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY MEMORIALIZING THE CREATION OF THE NATIONAL CITY COMMUNITY AND POLICE RELATIONS COMMISSION, THE ESTABLISHMENT OF DUTIES OF THE COMMISSION, AND THE DECLARATION OF THE MISSION STATEMENT OF THE COMMISSION WHEREAS, at the City Council meeting of February 25, 2003, the Council considered the Report of Findings and Recommendations of the National City Community Police Relations Task Force; and WHEREAS, at said meeting, the Council, by minute action, created the National City Community and Police Relations Commission, established the duties of the Commission and declared the Mission Statement of the Commission; and WHEREAS, it is now the desire of the City Council, by adoption of this Resolution, to memorialize the above -mentioned actions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: Section 1. That there is created the National City Community and Police Relations Commission ("the Commission"). Section 2. That the Commission shall be comprised of nine (9) individuals appointed by the Mayor with the approval of the City Council. Of the nine members, seven (7) shall be voting members, and two (2) shall be non -voting members. Of the seven voting members, five (5) shall be residents of the City of National City. One of the two non -voting members shall be a member of the National City Police Officers' Association, and one of the non -voting members shall be a member of a human rights organization. Section 3. A majority of the voting members of the Commission shall constitute a quorum. A majority of a quorum shall be sufficient to conduct the business of the Commission. Section 4. That the Commission shall be subject to the requirements of the Ralph M. Brown Act (Government Code Section 54950 et seq.). Section 5. That the duties of the Commission shall be: (a) To receive and investigate citizen complaints regarding police conduct. (b) To request and receive supplemental information from the Police Department regarding citizen complaints and such other matters as the Commission may be receiving. :4EETING DATE City of National City, California COUNCIL AGENDA STATEMENT May 4, 2004 AGENDA ITEM NO. 21 ITEM TITLE RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE COMMUNITY DEVELOPMENT COMMISSION SETTING FORTH THE TERMS FOR THE UTILIZATION OF A $5 MILLION CDC BOND ISSUE PREPARED BY EXPLANATION George H. Eiser, HI (Ext. 4221) DEPARTMENT City Attorney On December 16, 2003, the Community Development Commission Board directed its staff to pursue a bond issue to net $5 Million to bridge a funding gap for the fire station, arts center and library. The proposed Memorandum of Understanding between the City and the CDC memorializes the manner in which the bond proceeds will be used. The MOU was approved by the CDC Board at its meeting of March 16, 2004. The proposed resolution would authorize the Mayor to execute the MOU on behalf of the City. CEnvironmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below Resolution Memorandum of Understanding Resolution No. A-200 (9 991 RESOLUTION NO. 2004 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO ENTER INTO A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY WHEREAS, the City needs an additional $5 Million in funding for the construction of the fire station, public library and arts center projects and has no other reasonable means to raise these additional funds; and WHEREAS, the Community Development Commission ("CDC"), through its tax increment bonding capacity, may issue bonds to provide funding for the above - listed projects, and the CDC Board determined on December 16, 2003, to issue bonds in the amount that would net $5 Million for the aforementioned purpose; and WHEREAS, the $5 Million derived from the CDC's issuance of tax allocation bonds will be used in the following manner: • To reimburse the CDC for the $2,225,000 it will contribute from CDC cash reserves to bridge the financing gap for the construction of the City new fire station; • To pay up to $1,575,000 for the construction of the new arts center project, with any residual funding from the $5 Million bond issue being allocated to the new public library project for the purchase of collections and equipment. NOW, THEREFORE, BE IT RESOLVED that the City Council determines and finds as follows: 1. That the buildings, facilities, structures, or other improvements mentioned herein, are of benefit to the redevelopment project area or the immediate neighborhood in which the project is located. 2. That no other reasonable means of financing the buildings, facilities, structures, or other improvements mentioned herein are available to the community. 3. That the payment of funds for the acquisition of land or the cost of buildings, facilities, structures, or other improvements mentioned herein will assist in the elimination of one or more blighting conditions inside the project area and is consistent with the implementation plan adopted pursuant to Section 33490 of the California Health and Safety Code. Resolution 2004 — May 4, 2004 Page Two BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute a Memorandum of Understanding with the CDC to provide for the allocation of $5 Million in proceeds from a CDC bond issue to provide funding for the new fire station, arts center and public library. PASSED and ADOPTED this 4th day of May, 2004. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney MEMORANDUM OF UNDERSTANDING BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY AND THE CITY OF NATIONAL CITY This Memorandum of Understanding between the Community Development Commission of National City (CDC) and the City of National City (City) dated February 17, 2004 will set the terms on how a $5 million CDC bond issue will be used to finance the construction of various public facility developments pursuant to a Special Meeting of the CDC held on December 16, 2003. Whereas, the City needs an additional $5 million in funding for construction of the Fire Station, Library and Arts Center projects and has no other reasonable means to raise these additional funds. Whereas, the CDC, through its tax increment bonding capacity, may issue bonds to provide funding for the above -listed projects and was directed by the CDC Board on December 16, 2003 in an amount that would net $5 million the aforementioned purpose. Now therefore be it understood that the $5 million derived from the CDC's issuance of tax allocation bonds will be used in the following manner: • To reimburse the CDC for the $2,225,000 it will contribute from CDC cash reserves to bridge the financing gap for the construction of the City's Fire Station. • To pay up to $1,575,000 for the construction of the Arts Center project with any residual funding from the $5 million bond issue being allocated to the Library project for the purchase of collections and equipment. It is further understood that the CDC and the City will cooperatively pursue a longer -term financing plan for the current and future redevelopment and public infrastructure projects and identify City -owned real property suitable for redevelopment. Any and all City -owned property identified for redevelopment will be sold to the CDC for one ($1) dollar. This Memorandum of Understanding will terminate upon completion of the City's Fire Station, new Library and Art Center (rehabilitation of the old library) projects. Signatories to approve the MOU appear on page 2 of this document. Approved: Community Development Commission City of National City of National City By: By Nick Inzunza Nick Inzunza Its: Attest By: Its: Chairman George H. Eiser City/CDC Attorney ll Its: Mayor City of National City, California COUNCIL AGENDA STATEMENT mFETING DATE May 4, 2004 AGENDA ITEM NO. 22 iiTEm TITLE AN ORDINANCE AMENDING TITLE 8 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 8.04 (ANIMAL CONTROL AND IMPOUNDMENT), CHAPTER 8.08 (LARGE ANIMALS AND LARGE BIRDS AT LARGE OR GRAZING), CHAPTER 8.16 (DOG REGULATIONS), CHAPTER 8.24 (KENNELS), AND CHAPTER 8.32 (KEEPING OF BIRDS AND ANIMALS) PREPARED BY EXPLANATION Rudolf Hradeck (EXT.4222) DEPARTMENT City Attorney 0(16 Please see attached staff report. ( Environmental Review )( N/A Financial Statement There is no cost to the City. Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below Staff Report Strike -out version of ordinance Proposed Ordinance A-200 ,9 99 Resolution No. STAFF REPORT ORDINANCE TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 8 OF THE NATIONAL CITY MUNICIPAL CODE RELATING TO ANIMALS BY AMENDING CHAPTERS 8.04 (ANIMAL CONTROL AND IMPOUNDMENT), 8.08 (LARGE ANIMALS AND LARGE BIRDS AT LARGE OR GRAZING), 8.16 (DOG REGULATIONS), 8.24 (KENNELS), AND 8.32 (KEEPING OF BIRDS AND ANIMALS REPORT The revisions proposed to Title 8 of the Municipal Code regarding animal control regulations will enhance public health parameters by improving greater restrictions on the keeping of fowl, and minimize the serious exposure to Newcastles disease, avian flu and West Nile virus. The revisions also make administrative clarifications to Title 8, as well as imposing some new restrictions. Section 8.04.005 adds language regarding control of zoonotic conditions, such as Newcastles disease, avian flu and West Nile virus. Section 8.04.015 amends the definitions of "animal", "owner" and "rooster". Section 8.12.010 is amended to require persons owning, handling or possessing a dog to be responsible for licensing compliance. Section 8.16.005 is expanded to address the responsibility of owners and handlers for compliance with dog care and control regulations. Section 8.16.050 incorporates language from Title 12 regarding specific noise control standards for barking dogs, making the process more objective. Section 8.16.060 amends the prohibition against dogs in eating establishments to allow dogs in outdoor seating or serving areas. Section 8.16.070 is clarified to include language applicable to both "dangerous" as well as "potentially vicious" dogs. Section 8.16.100 makes substantive changes to fence height requirements for yards containing dogs. Section 8.16.120 adds substantive provisions applicable to the operation and licensing of attack, guard, and sentry dog businesses. Chapter 8.24 is revised in part to clarify that it applies only to commercial kennels and catteries, and requires operating permits and compliance with zoning laws. Section 8.32.010 is amended to prohibit pigs from being maintained in the City limits, removing the previous exemption for pot-bellied pigs, and prohibits any roosters, in order to remove vectors for avian zoonotic diseases. Section 8.32.015 is amended to prohibit pigs of any size or breed; to limit the number of small rabbits, hens ducks, geese or pigeons to a maximum combination of 20 on property zoned for single-family residential use that is greater than 20,000 square feet in area; and to prohibit roosters (even if surgically decrowed). The section contains editorial revisions to clarify its provisions, and will also prohibit the keeping of chickens in apartments. Section 8.32.020 adds prohibitions on the feeding of feral cats to existing prohibitions on the feeding of other feral or wild animals and birds, except within a coop or house. Noise restrictions on noisy animals are amended to include reference to the specific noise control standards of Title 12. It also limits persons acting as rescue shelters to the number of animals allowed under section 8.32.015. Section 8.32.040 makes the transition provisions affecting the new restrictions and prohibitions applicable on and after July 1, 2004. (Previous exemptions pertaining to restricted/prohibited species imposed by Ordinance 2171 enacted in calendar year 2000, are no longer applicable to exempt any classes of animals that are now being regulated). 2 Animal Control — 2004 Staff Report Title 8 ANIMALS Chapter 8.04 ANIMAL CONTROL AND IMPOUNDMENT --GENERALLY" 8.04.005 Purpose and intent. It is the purpose and intent of the city council to provide for the administration of animal control services, to maintain public health through the restrictions on keeping certain animal species with their attendant diseases and zoonotic conditions including exotic Newcastles disease, avian flu and West Nile virus, and to supplement the provisions of the humane laws contained in the Food and Agricultural Code, the Penal Code and the various miscellaneous laws of the state of California respecting animal control in this title within the city limits. 8.04.015 Definitions. Within this Title 8, the following definitions apply, 1. "Animal" means any dumb creature, including but not limited to any non -human biped or any quadruped, reptile or bird. It includes a "large animal," "large bird," or a dog or cat. 2. "Assistance animal" means any animal trained for and used by a disabled person to assist that person in dealing with his or her disability. It includes an "assistance dog". 3. "Assistance dog" means any service dog, guide dog, signal dog or other dog trained and used by and licensed to a disabled person to assist that person in dealing with his or her disability. Assistance dogs are also described in Food and Agricultural Code Section 30580. It shall also include a dog being trained for such service. 4. "At large" or "run at large" means to be untetered, unleashed, or not confined to the limits of the owner's or handler's property by a fence or enclosure capable of containment, or not under the physical control of an owner or handler when the animal is upon any property other than that of the owner or person responsible for the animal. 5. "Cat" means only a domesticated feline (fells domesticus) of either sex. It specifically excludes any feral cat, wild cat, leopard, puma, ocelot, lion, tiger, jaguar, or any other feline considered ferae naturae regardless of its actual or alleged state of domesticity. 6. "Dog" means only a canine (canis familiaris) of either sex. It specifically excludes a wolf (lupine), fox (canid), coyote (canis la trans) or any canine hybrid. 7. "Handier" means any person in possession of an animal, or who is charged with or is exercising the care, control and custody of the animal. It includes the person who owns the animal when that person is exercising the care, custody and control of the animal. 8. "Large animal" means any animal, other than a dog or cat, that,attains a body weight at maturity that exceeds twenty-five pounds in weight. It includes, without limitation: horse, mule, donkey, burro, jackass, pony, oxen, cattle (bull, cow or calf), hog, pigs (including potbelly pigs), sheep, goats, any non -human primate (monkey, chimpanzee, ape, simian, etc.), llama, alpaca, dromedary. 9. "Large bird" means any emu, cassowary, ostrich; any turkey, flightless fowl or any other avian exceeding three pounds in weight; or any raptor (hawk, owl, falcon, etc.). 10. "Leash" means a cord or strap of leather, canvas or other strong, non -elastic material that does not exceed six feet in length, with a hook or snap at one end and a loop or handle at the other which is designed to be held by a human hand. 11. "Not gp a Leash". See "unleashed." 12. "Owner" means a person or entity that has legal title to or the right to dispose of or euthanize an animal. The term may include any person who exercises apparent control or dominion over an animal to the exclusion of the rights or interest of others, even if there is no 1 i Deleted: : Deleted: h .. - - { Deleted: is expected to Deleted: 0 documentation establishing a legally protected or protectible property right of that person in that animal. When the owner is a corporation or business entity, the acts, liability or omissions of its officers, agents or employees regarding the care, maintenance or control of an animal shall also be imputed to the corporation or business entity, in addition to the liability of the individual responsible for the act or omission. 13. "Rooster" means a male chicken regardless of,age. 4. "Run At Large". See "at large." 15. "Small animal" or "small bird" means any animal or bird that is not a large animal or large bird. 6. "Stray" means the same as "at large." 17. "Unleashed" or "not on a leash" means thata_dog or other animal is not attached to,one end of a leash the other end of which is jeither fastened to a stationary object,nor held by a person who possesses the physical ability to restrain the dog or animal. It shall be rebuttably presumed that any person weighing less than the weight of the dog or animal being restrained Hoes not possess the physical ability to restrain it. Chapter 8.08 LARGE ANIMALS AND LARGE BIRDS AT LARGE OR GRAZING 8.08.010 Definitions. The terms "handler, "owner", " "large animal," "large bird," "at large" or "run at large" are as defined in Section 8.04.015. Chapter 8.12 DOG LICENSES ' Deleted: 12 LDeleted: size Deleted: 13 Deleted: 14 r Deleted: 15 Deleted: 16 Deleted: any Deleted: a leash, or is attached to j r Deleted: not I Deleted: or is Deleted: lacks Deleted: lacks J 1 Deleted: 8.12.010 License required. A. Except as provided in subsection B of this section, it is unlawful to own, handle possess or maintain a dog over the age of four months within the city limits unless the dog is licensed in accordance with this chapter. B. Any person owning, handling, possessing or maintaining a dog over the age of four months shall be exempted from licensing for a period not to exceed thirty continuous days from the dog's first arrival in the city, provided satisfactory proof by way of written declaration under penalty of perjury establishing the date of entry is presented to the animal control officer by the owner or person responsible for the dog. C.,Any dog licensed in another jurisdiction that remains within the corporate limits of the city for Deleted: A more than thirty days shall be licensed in accordance with this section. To encourage registration, at the option of the owner a license shall be issued for the duration of any unexpired portion of the previous license upon payment of the transfer fee specified in the National City fee schedule, or a new or original license be issued upon payment of the standard license fee. This option shall be available only during the first thirty days following arrival of the dog in the city. 8.12.030 License tag. A. A numbered receipt bearing a brief description of a licensed dog and a correspondingly numbered metal license tag bearing the expiration date shall be issued with each license granted. The numbered metal license tag shall be firmly attached by the licensee to the collar or harness and shall be worn by the dog for which issued at all times, except when the dog is securely confined on or within the property or vehicle of the owner. B. NO CHANGE Chapter 8.16 DOG REGULATIONS* 8.16.005 Definitions. The terms "handler," "owner', "leash," "run at large," and "unleashed",as defined in Section Deleted; are 8.04.015 are restated for clarity; `Deleted:. A. "Handler" means anv person in possession of an animal, or who is charged with or is exercising the care, control and custody of the animal. It includes the person who owns the animal when that person is exercising the care, custody and control of the animal. B. "At large" or "run at large" means to be untethered, unleashed, or not confined to the limits of the owner's or handler's property by a fence or enclosure capable of containment, or not under the physical control of an owner or handler when the animal is upon any property other than that of the owner or person responsible for the animal. C. "Leash" means a cord or strap of leather, canvas or other strong, non -elastic material that does not exceed six feet in length, with a hook or snap at one end and a loop or handle at the other which is designed to be held by a human hand. D. "Not On a Leash." See "unleashed." E. "Unleashed" or "not on a leash" means that a dog is not attached to one end of a leash, the other end of which is neither fastened to a stationary object nor held by a person who possesses the physical ability to restrain the dog or animal. It shall be rebuttable presumed that any person weighing less than the weight of the dog or animal being restrained does not possess the physical ability to restrain it. F. "Owner" means a person who has the legal title to or right to dispose of or euthanize an animal. The term may include anv person who exercises the apparent control or dominion over an animal to the exclusion of the rights or interest of others, even if there is no documentation establishing a legally protected or protectible property right of that person in that animal. 8.16.020 Dogs at large or unlicensed. A. It is unlawful for an owner or handler of a dog to,allow that dog g to run at large within the city limits. A dog is not at large if confined within a motor vehicle. B. It is unlawful for an owner or handler of any dog required by this title to be licensed to suffer, allow or permit such dog to be within the city limits without the license tag issued for that dog, or without a collar or harness around its neck to which is attached the Jicense tag issued pursuant to Section 8.12.030, except when the dog is securely contained in a motor vehicle or upon the owner or handler's property. C. It shall be rebuttably presumed that a person acting as a handler and weighing less than the weight of the dog being restrained lacks the physical capacity to restrain the dog, and thereby prevent it from running at large. D. "Handler" means anv person in possession of an animal, or who is charged with or is exercising the care control or custody of the animal. It includes the person who owns the animal when that person is exercising the care, custody or control of the animal. E. . "Owner" means a person who has the legal title to or right to dispose of or euthanize an animal. The term may include any person who exercises the apparent control or dominion over an animal to the exclusion of the rights or interest of others, even if there is no documentation establishing a legally protected or protectible property right of that person in that animal. 8.16.030 Trespassing. A. It is unlawful for an owner or handler of a dog to suffer, allow or permit such dog to enter or remain upon any public or private property within the corporate limits without the consent of the city manager for public property or the owner or lessee of private property. This prohibition applies whether the dog is on a leash or not. r I Deleted: suffer, allow or permit such 1 I Deleted: metal `Deleted: that B. It is unlawful for any person in the actual or apparent control of a dog to allow that dog to defecate upon the streets, sidewalkkand other public property or on another's private property without thereafter immediately cleaning up and disposing of the deposited feces in a trash receptacle or other suitable receptacle. If the offending dog is at large and no person claims ownership or control, the dog shall be impounded. C. it is unlawful for an owner or handler of a dog to fail or refuse to immediately cleanup and dispose of feces deposited by that dog upon any street, sidewalk or public or private property ,following notification to the owner orhandler by the owner or person in charge of the property upon which the dog defecated. 8.16.050 Barking dogs. A. It is unlawful for any person to keep, maintain or permit upon any premises under his or her - ownership or control within the city limits any dog which, by excessive and continuous barking, howling and yelping, or any similar noise, disturbs the peace and comfort of any resident of normal and reasonable sensitivity on neighboring property so as to interfere with their reasonable and comfortable enjoyment of life or property. Any such interference also constitutes a public nuisance. Pursuant to section 12.10.120, a dog that howls, barks or makes a sound characteristic of that breed which creates a noise disturbance across a residential or commercial real property line or within a noise sensitive zone between the hours of 10 p.m. and 7 a.m. daily for more than three (3) minutes, or at other times for more than ten (10) consecutive minutes or for more than a total of fifteen (15) minutes within any sixty (60) minute period constitutes a public nuisance. B. AND C NO CHANGE D. In order for a violation to be,processed by an animal control officer under either subsection B or C of this section, the following requirements are established: 1. That the complainant has made at least one reasonableverbal or written request to the owner or the person responsible for the custody and possession of the dog to either stop the dog from barking, or to eliminate the cause for the dog's disturbances. (This requirement may be waived for good cause where it may appear that there is a potential and credible threat to the physical well-being of the complainant); 2. That the dog can be heard audibly from an adjoining public right-of-way or at the exterior of any building on any immediately contiguous property adjacent to the property on which the dog is kept; 3. That the dog: (a) was not acting in defense of its property against a trespasser; and (b) was not being provoked by any person other than the owner of the property upon which the dog was situated or the person responsible for the dog. A person who is merely a lawful passerby on a public street or sidewalk shall not be considered a source of provocation; 4. That the barking,constituted a public nuisance as defined in section 8.16.050A- 5. The identity of other witnesses or complainants. E. At the time of a first complaint, the complainant shall be instructed to maintain a log to establish the following: 1. Date and time of barking episodes; 2. Duration of barking; 3. Address of violation; 4. Any factors, or the non-existence of factors, which may have contributed to the barking, howling or yelping by the dog. F. AND G NO CHANGE. Deleted: , Deleted: - I Deleted: upon Deleted: -_- formatted: Justified LDeleted: cognizable and be `Deleted: and civil j Deleted: was of a duration and periodicity as to be disturbing to a person of normal and reasonable sensitivity, or was disturbing to the residents of at least two or more adjoining properties 8.16.060 Dogs in food establishments-- Prohibited. It is unlawful for any owner or handler of any dog other than an assistance dog to suffer, allow or permit it to enter any restaurant, grocery store, milk depot, fruit or vegetable market, meat market or any other place of business in the city where food or foodstuffs of any character used for human consumption is manufactured, sold, served or handled. This prohibition shall not apply at an outdoor eating establishmen>;or seating area. 8.16.070 Potentially dangerous or vicious dogs --Regulations and prohibitions. A. This section supplements the definitions, procedures and penalties goveming potentially dangerous and vicious dogs contained in Food and Agricultural Code, Sections 31601 through 31683, and Penal Code Section 399.5. The animal control officer is authorized to initiate proceedings under those sections to declare a dog to be potentially dangerous or vicious. The animal control officer shall immediately impound any dog that, by its actions in biting or menacing a human being or other animals, meets the definition of a potentially dangerous or vicious dog. B. It is unlawful and a misdemeanor for any person to maintain a dog within the city limits after it has been adjudicated a potentially dangerous or vicious dog pursuant to proceedings conducted under Food and Agricultural Code Sections 31621 through 31626, or this section. C. NO CHANGE D. Pursuant to the authority of Food and Agricultural Code Section 31621, as an alternative abatement proceeding for a potentially dangerous or vicious dog, the animal control officer may post a notice on the property from which the dog was impounded advising the owner, or its handler when the owner cannot be ascertained, that the dog will be declared a potentially dangerous or vicious dog and be euthanized five business days after its impound or as soon thereafter as is practicable, unless the owner or handler, during the interim, requests an administrative hearing to contest the determination. A duplicate copy of the notice shall be mailed to the owner, or the handler if the owner cannot be ascertained, by certified mail and first class mail with return address. The request for the hearing may be verbal or written, or both. The animal control officer or the head of the department shall immediately cause a hearing to be held following the procedures of Penal Code Section 597.1. Any city officer or official, other than the animal control officer ordering the impound, may conduct the hearing. The hearing shall be informal in nature and the formal rules of evidence shall not apply. The hearing shall be limited to the question of whether the dog is potentially dangerous or vicious, and whether or not the dog should be euthanized or some altemative method for its care and custody be provided. The notice of decision shall be served personally on the owner, or by mail, certified and first class with retum address; receipt of either shall constitute service of notice. Failure to receive the notice shall not affect the validity of service or the proceedings. Failure to request the hearing within the time allowed shall constitute a waiver of the right to contest the determination or the euthanization of the dog. The owner or handler shall be liable for all costs and fees pursuant to Section 8.04.030. E. The animal control officer shall order the euthanization of any dog determined to be potentially dangerous or vicious pursuant to this section. Euthanization may occur immediately only upon the waiver of the hearing; otherwise, it may occur only after five working days following the date of the service of the notice of decision under subsection D of this section jf no appeal has been filed with the Superior Court. If an appeal is filed, the dog shall remain in impound pending the decision on the appeal. F. The city attorney is ,authorized to file a civil action to abate a potentially dangerous or vicious dog, when appropriate. i Formatted: Not Highlight !L Formatted: Not Highlight I Deleted: and LDeleted: further 8.16.100 Yard fences required. A. It is unlawful to allow a dog to run loose in any yard in the city unless the yard in which the dog is maintained is fully enclosed with fences and/or enclosures of sufficient height, strength and method of construction to restrain and contain the animal within the yard or enclosure and prevent the animal from escaping therefrom.,Subiect to the height limits prescribed in chapter 18.50 of this code, a fenceshall be considered insufficient to contain a dog unless)t is at least the greater of four feet in height or the height of the dog to be contained measured at its shoulders plus twelve inches. B.—C. NO CHANGE D. Notwithstanding compliance with the height requirements for fencing of section A. no person shall maintain a dog on property where the height of the fence is actually insufficient to prevent the dog from jumping or leaning over the fence so as to be able to menace pedestrians who are using a public sidewalk or right of way. 8.16.110 Assistance dogs. In general, the regulations of this title as they may relate to assistance dogs and assistance dogs in trainingshall be interpreted and administered in a way as to afford maximum compliance with the spirit and intent of the Americans With Disabilities Act. 8.16.120 Elttack, Guard and Sentry Dog Regulations. This section implements the provisions of "The Dog Act of 1969", as amended, Health and Safety Code sections 121875 through 121945, regulating attack, guard and sentry dogs, Definitions within the Doq Act of 1969, as amended, govern the interpretation and effect of this section., f1. The provisions, requirements and prohibitions contained in the Doq Act of 1969 and in particular the provisions of Health and Safety Code section 121918 are hereby adopted as an ordinance of the City of National City. It is unlawful and a misdemeanor for an operator of a sentry dog company, or any handler employed by that operator, to fail to observe any of the mandatory provisions or prohibitions contained in Health and Safety Code section 121918 as adopted by this section of the Municipal Code, or any of the requirements of this Title 8 as it applies to dogs. Those provisions of state law which are separately punishable as a violation of state law shall not be deemed adopted by ordinance as a city misdemeanor to avoid state preemption issues, and shall be administered by the animal control officer for regulatory purposes under this Title 8. The Chief of Police, through, the Animal Control Officer as designee is responsible for implementing the provisions of state law and this code regulating attack, guard and sentry dogs. B. In addition to a business license, any person who owns or operates a sentry dog company shall apply for and obtain a separate sentry dog operator permit to operate within the City of National City and. shall pay the permit fees established in the National City Fee Schedule prior to posting any dog for assignment within the city limits, This licensing requirement does not apply to the owner or operator of a business or premise who owns and maintains an attack, guard or sentry dog on that specific premise, C. An .application for a sentry dog operator permit may be denied for good cause. Good cause shall include the making of a materially false application, the demonstrated failure of the applicant to observe animal control regulations or the state humane laws in this or other jurisdictions, or the conviction of or violation of probation for animal control regulations or the state humane laws in this or other jurisdictions within the state of Calfornia. If denied, no application may be resubmitted for one year, or the successful completion of probation, whichever shall be longer. Appeals from denial .of application shall be handled under subsection E of this section. 6 rDeleted: A Deleted: may Deleted: if Formatted: Not Highlight [Deleted: , J .- 1 Formatted: Underline __ i Formatted: Indent: Left: 0', First I line: 0", Tabs: 0", List tab + Not at j `l: tFormatted: Bullets and Numbering Formatted: Not Highlight Formatted: Not Highlight Formatted: Underline Formatted: Not Highlight i Formatted: No bullets or i numbering Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight 1 Formatted: Not Highlight• Formatted: Not Highlight Formatted: Not Highlight —_, Formatted: Not Highlight Formatted: Not Highlight [Formatted: Not Highlight Formatted Not Highlight - - - - I Formatted: Not Highlight • D. A sentry doq operator shall notify ,both the Chief of Police and the Fire Chief of each address 1,. Formatted: Not Highlight l within the city of assignment of each attack, guard or sentry doq at least 15 da s prior to the _d._...—_.h_._ 7 � Formatted: Not Highlight posting of the doq at that address. This notification requirement shall also apply to any owner or ` Formatted: Not Highlight 1 operator of a business or industrial or commercial premise which owns and maintains an attack, , guard or sentry doq on that specific premise. ` Formatted: Not Highlight ,E. Permits issued under this section may be revoked, suspended or conditions ,of probation be Formatted: Not Highlight imposed by the Animal Control Officer for violations of the Dog. Act of 1969 or this Title 8. The Formatted: Not Highlight denial of an application or the revocation or suspension of a permit by the Animal Control Officer te....-.�__'- Formattedd:Not Highlight may be appealed by anppplicant or operator in writing to the Chief of Police within ten (10) - - -- - - - -- - - Formatted: Not Highlight calendar days from the date of denial, revocatiogpr suspension of a license or application. The Chief of Police shall appoint,an examiner to conduct an informal administrative hearing and make recommendations to the Chief conceminq ,the denial, revocation or suspension, of a license or application. .Conditions of probatior)imposedpy the Animal Control Officer that are rFormatted: Not Highlight consistent with the Dog Act of 1969 or this Title 8 shall not be appealable, unless revocation or suspension results from violation of those conditions ofprobation. Unless appealed, the action of the Animal Control Officer shall be administratively final. If appealed, the decision of the Chief of Police shall constitute the exhaustion of administrative remedy and shall be s :,;..•' administratively final. F. Any notices required for administration or enforcement of this section shall be sent in accordance with section 1.42.030. Formatted: Not Highlight Chapter 8.24 COMMERCIAL KENNELS, and CATTERIES, 8.24.010,Commercial Kennel or cattery. A commercial kennel is,as defined in Section 18.04.368. For purposes of this chapter,, the term shall also include a commercial cattery where cats are raised or bred for sale or boarded for compensation. 8.24.020 Commercial Kennel and cattery operating permits. A. Commercial kennels and catteries require an operating permit issued by the Animal Control Officer, and must comply with zoning regulations. Applications to maintain a commercial kennel or cattery shall be processed,)hrough the planning commission. Applications shall be denied if impermissible with the zoning of the property, or, if the operation and maintenance of a kennel or cattery at that location, with due consideration for noise, sanitation and drainage, would be incompatible with, and inimical to, existing uses on contiguous parcels, contrary to public health and welfare. B. Once approved„kennel or cattery operating permit,shali be renewed annually by the Animal Control Officer upon payment of the annual licensing fee established in the National City fee schedule, provided the kennel or cattervpontinues to be maintained in accordance with Chapters 8.24 and 8.32. (Ord. 2171 § 7 (part), 2000) 8.24.040 Inspection —Suspension and revocation of issued kennel and cattery operating permits. A. NO CHANGE B. A kennel or cattery operating permit may be revoked for any violation of the Penal Code, the Food and Agricultural Code,�r this title as it relates to the care and custody of animals. The holder of the permit may appeal an order ofrevocation)n accordance with the procedures established in Chapter 1 42 for administrative ,hearings. C. AND D. NO CHANGE 7 I Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight (Formatted: Not Highlight Formatted: Not Highlight • Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight J •1 Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Underline `.'. Formatted: Not Highlight u Deleted:' .:' Formatted: Not Highlight Formatted: Not Highlight J Formatted: Not Highlight rDeleted: as conditional use permits j rDeleted: the lDeleted: may Deleted: is .a Deleted: and - `Deleted: suspension I Deleted: upon ten days written 1 notice to the city clerk for a heg ... Ill 1 Deleted: 48 i Deleted: abatement Chapter 8.32 KEEPING OF BIRDS AND ANIMALS* 8.32.010 Prohibitions on keeping animals and birds. A. Except as provided in Section 8.32.015 and in order to protect the public health and welfare and prevent the spread of exotic Newcastle disease, avian flu and West Nile virus , it is unlawful to keep, possess or maintain anywhere within the city limits any of the following animals, birds pr reptiles. Prohibited animals shall include, without limitation, the following: 1. Any venomous snake, lizard or reptile; 2. Any lizard or reptile, including a nonvenomous snake, exceeding six feet in length,or, twenty-five pounds in weight; 3. Any ferret, skunk or polecat; 4. Any lion, tiger, leopard, cheetah, wildcat or other members of the feline family, other than a "cat" as defined in Section 8.04.015, regardless of actual weight or age; 5. Any primate (monkey, chimpanzee, etc.) except a monkey which is trained as a service animal and being used to assist a disabled person in dealing with their disability, provided the monkey does not exceed twenty pounds in weight. 6. Any pig; 7. Any wolf, fox, coyote or similar member of the canid or lupus family or any canine hybrid; 8. Any roosterfegardless of size or whether it has been surgically de -crowed; 9. Any other large animal that is not a horse, burro, jackass, mule, cow, sheep or goat, llama or alpaca; 10. Any animal or bird whose possession is restricted by federal or state law without a permit. B. The prohibitions on animals in subsection A of this section shall not apply in the case of a traveling circus or camival which has obtained a temporary use permit pursuant to Chapter 15.60 to conduct exhibitions of a temporary nature and duration. Animals shall be securely kept and maintained in enclosures or cages in accordance with applicable humane and sanitary laws. It shall be a condition of any permit that the permit holder will be subject to unannounced inspections. (Ord. 2171 § 8 (part), 2000) 8.32.015 Restrictions on keeping certain animals, birds and reptiles. A. It is unlawful to keep, possess or maintain any other animal, bird or reptile not prohibited by section 8.32.010, except as follows: 1. Only horses, cows, goats, sheep, burros, mules, jackasses, llamas, or alpacas may be kept, possessed or maintained, either alone or in combination with each other, not to exceed a total of five combined, on a parcel of land with a minimum of at least a twenty thousand square feet area. 2. Any combination of the following classes of animals, not to exceed a total of,twenty (20), with each class limited by a maximum of four adult rabbits, four chinchillas,,, four hen chickens, four turkeys, four ducks, four geese, or twentypigeons may be kept on any property zoned for single family residential use that is greater than twenty thousand (20,000) square feet in area. 3. Domesticated rats or domesticated mice, hamsters or parakeets or small ornamental songbirds, or any combination not to exceed a total of twenty, may be kept in cages or similar enclosures on any property used for residential purposes., 4. Any number of domesticated mice or domesticated rats, hamsters, earakeets or small ornamental songbirds, pr other girds or animals not prohibited by section 8.32.01 Q maybe kept j at any laboratory or pet shop properly located in a zone allowing for such use, provided the animals are kept under humane sanitary conditions in cages or enclosures which are designed to prevent them from being at large. A maximum of three dogs and three cats, all over the age of four months, may be kept on r any property used for single-family residential dwelling. Deleted: and Deleted: , Deleted: including a pot-bellied pig, exceeding one hundred pounds in body weight, or twenty-four inches in height at the shoulder 1 Deleted: that has not Deleted: 1. Only one pig not exceeding one hundred pounds in l a weight or twenty-four inches in height I 1 at the shoulder may be kept on any i tract or parcel of land of at least 1 twenty thousand square feet in areal Deleted: 2 — 1 : i Deleted: 3 Li Deleted: thirty 'Li Deleted: five Deleted: twenty hamsters Deleted: twelve Deleted: pigeons, or twenty j;) parakeets or similar small domestic ornamental or song bird, may Deleted: The mice or rats may be 1 kept in addition to any other animal or<-+! combination allowed by this section f Deleted: 5 Deleted: or combination_ {Formatted: Not Highlight ;:rj Deleted: may I Deleted: 6 Deleted: a. Roosters that have been i surgically de -crowed may only be kept on a parcel of land of at least a twenty thousand square feet area. The total number of surgically de - crowed roosters shall not exceed five, and may be maintained in combination with other chickens on the same parcel, not to exceed the total allowed by subsection (A)(3) of this section.¶ b. Surgically de -crowed roosters may be kept in combination with any other animal or combination of animals regulated and allowed by this I subsection.¶ l Deleted: 7 A maximum of two dogs or two cats, all over the age of four months, or a combination not to i Deleted: 8 exceed two may be kept or maintained in any one dwelling unit located within a mobile home park, multifamily dwelling or apartment or condominium complex, if allowed by the regulations of the owner or condominium association. 79. Large birds not exceeding a total of two may be kept on any parcel exceeding twenty thousand (20,000) square feet pursuant to a permit issued by the animal control officer. Z. In addition to any animals allowed by subsection A of this section, a resident of a dwelling unit located in a mobile home park, multifamily apartment or dwelling or condominium may keep a maximum of two small ornamental birds or song birds, if allowed by the regulations of the owner or condominium association. p9. Except as provided otherwise in this section no more than three cats,exceeding four months of,age shall be kept on any parcel of land within the city. 0. Only onepon-venomous snake not exceeding six feet in length or one reptile or lizard not exceeding twenty-fivepounds in weight, maybe kept on Deleted: ,each tY 9 Pany property, either alone or in _�_ - ---- combination with any other animal or combination allowed by this section. t Deleted: age, B. 1. Exemptions to the above limits may be allowed for educational, conservation, religious or ( Deleted: 12 preservation purposes upon issuance of an animal permit by the city council or city manager. f Deleted: reptile, lizard, or No permit shall be issued unless it shall affirmatively appear that the increase in numbers or combinations will not adversely affect the public health and safety or be incompatible with uses on contiguous properties. Each permit issued is subject to revocation or nonrenewal, or both, for violations of this title. An annual permit fee as established in the National City fee schedule shall be paid at the time of application and each renewal. 2. Violations of issued permits shall result in the impoundment of any animals, birds or reptiles in excess of the number or species allowed by subsection A of this section, and the revocation of the permit. The permit holder may appeal the permit revocation jn accordance with chapter f Deleted: to the city council by filing a 1.42,within ten calendar days from the date of revocation to show cause why the permit should I written appeal wit not be permanently revoked. Impounded animals shall be kept at the owner's expense during LDeleted: h the city clerk j the appeal or pending decision, following which disposition pursuant to Section 8.04.020 shall occur. 3. Violations are also subject to administrative or criminal actions, as appropriate, notwithstanding the revocation of the permit. C. The authority granted by subsection A of this section to keep or maintain animals, reptiles or birds shall not apply on any property, including a mobile home park, condominium association or apartment, where other restrictions or prohibitions on the keeping of animals, birds or reptiles exist, either by regulation, lease,,zoning or restrictive covenants. (Ord. 2171 § 8 (part), 2000) 8.32.020 Conditions of keeping or maintaining permitted animals, birds and reptiles. Except where a prohibition or restriction is specifically made applicable to "any person", jt is unlawful for an owner, handler or any other person charged with the keep, care, possession or maintenance of an animal, bird or reptile to fail to comply with the following regulations: A. All dead birds, animals and reptiles, and all manure, feces, feathers, skins and related detritus shall be removed and disposed of in a sanitary manner within forty-eight hours of death or occurrence. Pending disposal, the materials shall be stored in fly tight, air tight containers. B. THROUGH I. NO CHANGE J. Except for cats, no animals shall be allowed to run at large. Notwithstanding, a cat owner shall,control pis or her cat or cats so as to avoid the creation of a public nuisance. Cats at large may be trapped by any person using a nonlethal, humane trap and,shall be tumed over to an animal shelter,or,n animal control officecwithin twenty-four hours. The city shall not be responsible for trapping or transportation. K. No feral pigeons or cats at large shall be fed or maintained on any public or private property in the city by any person. In order to prevent attracting wild animals and birds, domestic Deleted: 10 Deleted: 11 Deleted: No ' Deleted: or Deleted: It Deleted: attempt to J t Deleted: the 1 Deleted: must Deleted: , Deleted: the Deleted: , pigeons may only be fed within a coop on the property of the owner or handler, and cats may only be fed within a residence or an enclosure on the property of the owner. L. No rat or mouse that is being lawfully maintained pursuant to this chapter shall be released or allowed to run at large within the surrounding community. M. No person shall feed any wild bird upon the premises of any restaurant or facility serving or selling food for human consumption. �1. It is unlawful to allow any animal or bird to make excessive and continuous noise which disturbs the peace and comfort of any resident of normal and reasonable sensitivity on neighboring property so as to interfere with his or her reasonable and comfortable enjoyment of life or property. Interference by noise shall also constitute a public nuisance. Pursuant to section 12.10.120, any animal or bird that howls, barks, meows, squawks, or makes a sound characteristic of that species which creates a noise disturbance across a residential or commercial real property line or within a noise sensitive zone between the hours of 10 p.m. and 7 a.m. daily for more than three (3) minutes, or at other times for more than ten (10) consecutive minutes or for more than a total of fifteen (15) minutes within any sixty (60) minute period is a public nuisance. The procedures set forth in Sections 8.16.050 and 8.16.055 shall be utilized in responding to noise complaints and requests for abatement, in so far as applicable, under this section. O. Persons who are affiliated with animal and avian rescue organizations are restricted to keeping only that number or combination of birds, animals or reptiles allowed by this chapter 8.32 on the property where the operation is conducted, notwithstanding the charitable nature of their enterprise. 8.32.040 Transition provisions. The prohibitions and restrictions enacted and made applicable to the possession of animals and birds in Chapter 8.32 pursuant to Ordinance ( ) shall not apply to any animal or bird currently and lawfully owned by a resident of this city until July 1, 2004, after which date the animal shall be immediately removed from the city or be surrendered to the Animal Control Officer for disposition or placement when possible, or for destruction when not possible. After July 1, 2004, it is unlawful for any person to possess or maintain an animal or bird in violation of chapter 8.32. This transition provision shall not apply to any bird or animal that was regulated or prohibited by the adoption of Ordinance 2171 in the year 2000, the transition period for compliance having since expired, and for which any prohibition, regulation or restriction is now fully applicable, 10 (Deleted: M Deleted: A. No species of animal jl prohibited by Section¶ 8.32.010 shall be kept or maintained following the date of adoption of that section; provided however that no i violation will be charged against any owner or handler who, during the first sixty days following adoption of Section 8.32.010, relinquishes custody of the species to the animal control officer for placement with a zoological society, when possible, or destmction.¶ B. The provisions of Section 8.32.015(A) shall be effective and in full force and effect upon the date of its adoption; provided however, that any person lawfully owning a species I regulated by Section 8.32.015 as of that date will be permitted to keep those species, even if in excess of the numbers authorized, for a period not Ito exceed two years following the adoption of this ordinance or until the death of the animal, whichever shall occur first, and further provided the owner or handler obtains a permit from the animal control officer which lists by description, species and detail each animal, bird or reptile owned as of the date of adoption of Section 8.32.015(A). Application must be made within the first sixty days following the date of adoption of this ordinance, and the permit shall be renewed annually thereafter upon payment of the fee authorized in the National City fee schedule. Upon the death of an animal, bird or reptile listed in the permit, no replacement I shall be allowed until the number or species decreases so as to permit compliance with Section 8.32.015. Failure to obtain the permit within those first sixty days shall render the Iowner fully subject to compliance ' with, and enforcement under, Section j 8.32.015(A). After two years has I elapsed, the permit will not be renewed, and the keeping of all animals, birds and reptiles in the city •i limits shall thereafter conform to this I chapter as to species of animal and number. (Ord. 2171 § 8 (part), 2000) Deleted: ¶ ORDINANCE NO. 2004— AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 8 OF THE NATIONAL CITY MUNICIPAL CODE RELATING TO ANIMALS BY AMENDING CHAPTERS 8.04 (ANIMAL CONTROL AND IMPOUNDMENT), 8.08 (LARGE ANIMALS AND LARGE BIRDS AT LARGE OR GRAZING), 8.16 (DOG REGULATIONS), 8.24 (KENNELS), AND 8.32 (KEEPING OF BIRDS AND ANIMALS) BE IT ORDAINED by the City Council of the City of National City that Title 8 of the National City Municipal Code is amended as follows: Section 1. Title 8 of the Municipal Code is amended by amending the Table of Contents to read as follows: Title 8 ANIMALS Chapters: 8.04 Animal Control and Impoundment — Generally 8.85 Large Animals and Large Birds at Large or Grazing 812 Dog Licenses 8.16 Dog Regulations 8.24 Commercial Kennels and Catteries 8.32 Keeping of Birds and Animals 8.36 Transportation of Animals in Vehicles Section 2. That Chapter 8.04 is amended by amending sections 8.04.005 and 8.04.015 to read as follows: 8.04.005 Purpose and intent. It is the purpose and intent of the city council to provide for the administration of animal control services, to maintain public health through the restrictions on keeping certain animal species with their attendant diseases and zoonotic conditions, including exotic Newcastles disease, avian flu and West Nile virus, and to supplement the provisions of the humane laws contained in the Food and Agricultural Code, the Penal Code and the various miscellaneous laws of the state of California respecting animal control in this title within the city limits. 8.04.015 Definitions. Within this Title 8, the following definitions apply: 1. "Animal" means any dumb creature, including but not limited to any non -human biped or any quadruped, reptile or bird. It includes a 'large animal," "large bird," or a dog or cat. 1 Animal Control Ordinance (2004) 2. "Assistance animal" means any animal trained for and used by a disabled person to assist that person in dealing with his or her disability. It includes an "assistance dog". 3. "Assistance dog" means any service dog, guide dog, signal dog or other dog trained and used by and licensed to a disabled person to assist that person in dealing with his or her disability. Assistance dogs are also described in Food and Agricultural Code section 30580. It shall also include a dog being trained for such service. 4. "At large" or "run at large" means to be untetered, unleashed, or not confined to the limits of the owner's or handler's property by a fence or enclosure capable of containment, or not under the physical control of an owner or handler when the animal is upon any property other than that of the owner or person responsible for the animal. 5. "Cat" means only a domesticated feline (fells domesticus) of either sex. It specifically excludes any feral cat, wild cat, leopard, puma, ocelot, lion, tiger, jaguar, or any other feline considered ferae naturae regardless of its actual or alleged state of domesticity. 6. "Dog" means only a canine (canis familiaris) of either sex. It specifically excludes a wolf (lupine), fox (canid), coyote (canis la trans) or any canine hybrid. 7. "Handler" means any person in possession of an animal, or who is charged with or is exercising the care, control and custody of the animal. It includes the person who owns the animal when that person is exercising the care, custody and control of the animal. 8. "Large animal" means any animal, other than a dog or cat that attains a body weight at maturity that exceeds twenty-five pounds in weight. It includes, without limitation: horse, mule, donkey, burro, jackass, pony, oxen, cattle (bull, cow or calf), hog, pigs (including potbelly pigs), sheep, goats, any non -human primate (monkey, chimpanzee, ape, simian, etc.), llama, alpaca, dromedary. 9. "Large bird" means any emu, cassowary, ostrich; any turkey, flightless fowl or any other avian exceeding three pounds in weight; or any raptor (hawk, owl, falcon, etc.). 10. "Leash" means a cord or strap of leather, canvas or other strong, non -elastic material that does not exceed six feet in length, with a hook or snap at one end and a loop or handle at the other which is designed to be held by a human hand. 11. "Not on a Leash". See "unleashed." 12. "Owner" means a person or entity that has legal title to or the right to dispose of or euthanize an animal. The term may include any person who exercises apparent control or dominion over an animal to the exclusion of the rights or interest of others, even if there is no documentation establishing a legally protected or protectible property right of that person in that animal. When the owner is a corporation or business entity, the acts, liability or omissions of its officers, agents or employees regarding the care, maintenance or control of an animal shall also be imputed to the corporation or business entity, in addition to the liability of the individual responsible for the act or omission. 13. "Rooster" means a male chicken regardless of age. 14. "Run at Large". See "at large." 2 Animal Control Ordinance (2004) 15. "Small animal" or "small bird" means any animal or bird that is not a large animal or large bird. 16. "Stray" means the same as "at large." 17. "Unleashed" or "not on a leash" means that a dog or other animal is not attached to one end of a leash the other end of which is neither fastened to a stationary object nor held by a person who possesses the physical ability to restrain the dog or animal. It shall be rebuttably presumed that any person weighing less than the weight of the dog or animal being restrained does not possess the physical ability to restrain it. Section 3. That Chapter 8.08 is amended by amending section 8.08.010 to read as follows: 8.08.010 Definitions. The terms "handler", "owner", "large animal", "large bird", "at large" or "run at large" are as defined in section 8.04.015. Section 4. That Chapter 8.12 is amended by amending sections 8.12.010 and 8.12.030 to read as follows: 8.12.010 License required. A. Except as provided in subsection "B" of this section, it is unlawful to own, handle, possess or maintain a dog over the age of four months within the city limits unless the dog is licensed in accordance with this chapter. B. Any person owning, handling, possessing or maintaining a dog over the age of four months shall be exempted from licensing for a period not to exceed thirty continuous days from the dog's first arrival in the city, provided satisfactory proof by way of written declaration under penalty of perjury establishing the date of entry is presented to the animal control officer by the owner or person responsible for the dog. C. Any dog licensed in another jurisdiction that remains within the corporate limits of the city for more than thirty days shall be licensed in accordance with this section. To encourage registration, at the option of the owner a license shall be issued for the duration of any unexpired portion of the previous license upon payment of the transfer fee specified in the National City fee schedule, or a new or original license be issued upon payment of the standard license fee. This option shall be available only during the first thirty days following arrival of the dog in the city. 8.12.030 License tag: A. A numbered receipt bearing a brief description of a licensed dog and a correspondingly numbered metal license tag bearing the expiration date shall be issued with each license granted. The numbered metal license tag shall be firmly attached by the licensee to the collar or harness and shall be worn by the dog for which issued at all times, except when the dog is securely confined on or within the property or vehicle of the owner. B. (No change). Section 5. That Chapter 8.16 is amended by amending sections 8.16.005, 8.16.020, 8.16.030, 8.16.050, 8.16.060, 8.16.070, 8.16.100, 8.16.110, and adding section 8.16.120 to read as follows: 3 Animal Control Ordinance (2004) 8.16.005 Definitions. The terms "handler," "owner", "leash," "run at large" and "unleashed" as defined in section 8.04.015 are restated for clarity: A. "Handler" means any person in possession of an animal, or who is charged with or is exercising the care, control and custody of the animal. It includes the person who owns the animal when that person is exercising the care, custody and control of the animal. B. "At large" or "run at large" means to be untethered, unleashed, or not confined to the limits of the owner's or handler's property by a fence or enclosure capable of containment, or not under the physical control of an owner or handler when the animal is upon any property other than that of the owner or person responsible for the animal. C. "Leash" means a cord or strap of leather, canvas or other strong, non- elastic material that does not exceed six feet in length, with a hook or snap at one end and a loop or handle at the other which is designed to be held by a human hand. D. "Not On a Leash." See "unleashed." E. "Unleashed" or "not on a leash" means that a dog is not attached to one end of a leash, the other end of which is neither fastened to.a stationary object nor held by a person who possesses the physical ability to restrain the dog or animal. It shall be rebuttably presumed that any person weighing less than the weight of the dog or animal being restrained does not possess the physical ability to restrain it. F. "Owner" means a person who has the legal title to or right to dispose of or euthanize an animal. The term may include any person who exercises the apparent control or dominion over an animal to the exclusion of the rights or interest of others, even if there is no documentation establishing a legally protected or protectible property right of that person in that animal. 8.16.020 Dogs at large or unlicensed. A. It is unlawful for an owner or handler of a dog to allow that dog to run at large within the city limits. A dog is not at large if confined within a motor vehicle. B. It is unlawful for an owner or handler of any dog required by this title to be licensed to suffer, allow or permit such dog to be within the city limits without the license tag issued for that dog, or without a collar or harness around its neck to which is attached the license tag issued pursuant to section 8.12.030, except when the dog is securely contained in a motor vehicle or upon the owner or handler's property. C. It shall be rebuttably presumed that a person acting as a handler and weighing less than the weight of the dog being restrained lacks the physical capacity to restrain the dog, and thereby prevent it from running at large. D. "Handler" means any person in possession of an animal, or who is charged with or is exercising the care, control or custody of the animal. It includes the person who owns the animal when that person is exercising the care, custody or control of the animal. E. "Owner" means a person who has the legal title to or right to dispose of or euthanize an animal. The term may include any person who exercises the apparent control or dominion over an animal to the exclusion of the rights or interest of others, even if there is no documentation establishing a legally protected or protectible property right of that person in that animal. 4 Animal Control Ordinance (2004) 8.16.030 Trespassing. A. It is unlawful for an owner or handler of a dog to suffer, allow or permit such dog to enter or remain upon any public or private property within the corporate limits without the consent of the city manager for public property or the owner or lessee of private property. This prohibition applies whether the dog is on a leash or not. B. It is unlawful for any person in the actual or apparent control of a dog to allow that dog to defecate upon the streets, sidewalks and other public property or on another's private property without thereafter immediately cleaning up and disposing of the deposited feces in a trash receptacle or other suitable receptacle. If the offending dog is at large and no person claims ownership or control, the dog shall be impounded. C. It is unlawful for an owner or handler of a dog to fail or refuse to immediately cleanup and dispose of feces deposited by that dog upon any street, sidewalk or public or private property following notification to the owner or handler by the owner or person in charge of the property upon which the dog defecated. 8.16.050 Barking dogs. A. It is unlawful for any person to keep, maintain or permit upon any premises under his or her ownership or control within the city limits any dog which, by excessive and continuous barking, howling and yelping, or any similar noise, disturbs the peace and comfort of any resident of normal and reasonable sensitivity on neighboring property so as to interfere with their reasonable and comfortable enjoyment of life or property. Any such interference also constitutes a public nuisance. Pursuant to section 12.10.120, a dog that howls, barks or makes a sound characteristic of that breed which creates a noise disturbance across a residential or commercial real property line or within a noise sensitive zone between the hours of 10 p.m. and 7 a.m. daily for more than three (3) minutes, or at other times for more than ten (10) consecutive minutes or for more than a total of fifteen (15) minutes within any sixty (60) minute period constitutes a public nuisance. B. (No change). C. (No change). D. In order for a violation to be processed by an animal control officer under either subsection B or C of this section, the following requirements are established: 1. That the complainant has made at least one reasonable verbal or written request to the owner or the person responsible for the custody and possession of the dog to either stop the dog from barking, or to eliminate the cause for the dog's disturbances. (This requirement may be waived for good cause where it may appear that there is a potential and credible threat to the physical well-being of the complainant); 2. That the dog can be heard audibly from an adjoining public right-of- way or at the exterior of any building on any immediately contiguous property adjacent to the property on which the dog is kept; 3. That the dog: (a) was not acting in defense of its property against a trespasser; and (b) was not being provoked by any person other than the owner of the property upon which the dog was situated or the person responsible for the dog. A person who is merely a lawful passerby on a public street or sidewalk shall not be considered a source of provocation; 4. That the barking constituted a public nuisance as defined in section 8.16.050A; 5 Animal Control Ordinance (2004) 5. The identity of other witnesses or complainants. E. At the time of a first complaint, the complainant shall be instructed to maintain a log to establish the following: 1. Date and time of barking episodes; 2. Duration of barking; 3. Address of violation; 4. Any factors, or the non-existence of factors, which may have contributed to the barking, howling or yelping by the dog. F. (No change). G. (No change). 8.16.060 Dogs in food establishments —Prohibited. It is unlawful for any owner or handler of any dog other than an assistance dog to suffer, allow or permit it to enter any restaurant, grocery store, milk depot, fruit or vegetable market, meat market or any other place of business in the city where food or foodstuffs of any character used for human consumption is manufactured, sold, served or handled. This prohibition shall not apply at an outdoor eating establishment or seating area. 8.16.070 Potentially dangerous or vicious dogs —Regulations and prohibitions. A. This section supplements the definitions, procedures and penalties governing potentially dangerous and vicious dogs contained in Food and Agricultural Code sections 31601 through 31683, and Penal Code section 399.5. The animal control officer is authorized to initiate proceedings under those sections to declare a dog to be potentially dangerous or vicious. The animal control officer shall immediately impound any dog that, by its actions in biting or menacing a human being or other animals, meets the definition of a potentially dangerous or vicious dog. B. It is unlawful and a misdemeanor for any person to maintain a dog within the city limits after it has been adjudicated a potentially dangerous or vicious dog pursuant to proceedings conducted under Food and Agricultural Code sections 31621 through 31626, or this section. C. (No change). D. Pursuant to the authority of Food and Agricultural Code section 31621, as an alternative abatement proceeding for a potentially dangerous or vicious dog, the animal control officer may post a notice on the property from which the dog was impounded advising the owner, or its handler when the owner cannot be ascertained, that the dog will be declared a potentially dangerous or vicious dog and be euthanized five business days after its impound or as soon thereafter as is practicable, unless the owner or handler, during the interim, requests an administrative hearing to contest the determination. A duplicate copy of the notice shall be mailed to the owner, or the handler if the owner cannot be ascertained, by certified mail and first class mail with return address. The request for the hearing may be verbal or written, or both. The animal control officer or the head of the department shall immediately cause a hearing to be held following the procedures of Penal Code section 597.1. Any city officer or official, other than the animal control officer ordering the impound, may conduct the hearing. The hearing shall be informal in nature and the formal rules of evidence shall not apply. The hearing shall be limited to the question of whether the dog is potentially dangerous or vicious, and whether or not the dog should be euthanized or some 6 Animal Control Ordinance (2004) alternative method for its care and custody be provided. The notice of decision shall be served personally on the owner, or by mail, certified and first class with return address; receipt of either shall constitute service of notice. Failure to receive the notice shall not affect the validity of service or the proceedings. Failure to request the hearing within the time allowed shall constitute a waiver of the right to contest the determination or the euthanization of the dog. The owner or handler shall be liable for all costs and fees pursuant to section 8.04.030. E. The animal control officer shall order the euthanization of any dog determined to be potentially dangerous or vicious pursuant to this section. Euthanization may occur immediately only upon the waiver of the hearing; otherwise, it may occur only after five working days following the date of the service of the notice of decision under subsection D of this section if no appeal has been filed with the Superior Court. If an appeal is filed, the dog shall remain in impound pending the decision on the appeal. F. The city attorney is authorized to file a civil action to abate a potentially dangerous or vicious dog, when appropriate. 8.16.100 Yard fences required. A. It is unlawful to allow a dog to run loose in any yard in the city unless the yard in which the dog is maintained is fully enclosed with fences and/or enclosures of sufficient height, strength and method of construction to restrain and contain the animal within the yard or enclosure and prevent the animal from escaping therefrom. Subject to the height limits prescribed in chapter 18.50 of this code, a fence shall be considered insufficient to contain a dog unless it is at least the greater of four feet in height or the height of the dog to be contained measured at its shoulders plus twelve inches. B. (No change). C. (No change). D. Notwithstanding compliance with the height requirements for fencing of section "A", no person shall maintain a dog on property where the height of the fence is actually insufficient to prevent the dog from jumping or leaning over the fence so as to be able to menace pedestrians who are using a public sidewalk or right of way. 8.16.110 Assistance dogs. In general, the regulations of this title as they may relate to assistance dogs and assistance dogs in training shall be interpreted and administered in a way as to afford maximum compliance with the spirit and intent of the Americans with Disabilities Act. 8.16.120 Attack, Guard and Sentry Dog Regulations. This section implements the provisions of "The Dog Act of 1969", as amended, Health and Safety Code sections 121875 through 121945, regulating attack, guard and sentry dogs. Definitions within the Dog Act of 1969, as amended, govern the interpretation and effect of this section. A. The provisions, requirements and prohibitions contained in the Dog Act of 1969 and in particular the provisions of Health and Safety Code section 121918 are hereby adopted as an ordinance of the City of National City. It is unlawful and a misdemeanor for an operator of a sentry dog company, or any handler employed by that operator, to fail to observe any of the mandatory provisions or prohibitions contained in 7 Animal Control Ordinance (2004) Health and Safety Code section 121918 as adopted by this section of the Municipal Code, or any of the requirements of this Title 8 as it applies to dogs. Those provisions of state law which are separately punishable as a violation of state law shall not be deemed adopted by ordinance as a city misdemeanor to avoid state preemption issues, and shall be administered by the animal control officer for regulatory purposes under this Title 8. The Chief of Police, through the Animal Control Officer as designee, is responsible for implementing the provisions of state law and this code regulating attack, guard and sentry dogs. B. In addition to a business license, any person who owns or operates a sentry dog company shall apply for and obtain a separate sentry dog operator permit to operate within the City of National City and shall pay the permit fees established in the National City Fee Schedule prior to posting any dog for assignment within the city limits. This licensing requirement does not apply to the owner or operator of a business or premise who owns and maintains an attack, guard or sentry dog on that specific premise. C. An application for a sentry dog operator permit may be denied for good cause. Good cause shall include the making of a materially false application, the demonstrated failure of the applicant to observe animal control regulations or the state humane laws in this or other jurisdictions, or the conviction of or violation of probation for animal control regulations or the state humane laws in this or other jurisdictions within the state of California. If denied, no application may be resubmitted for one year, or the successful completion of probation, whichever shall be longer. Appeals from denial of application shall be handled under subsection E of this section. D. A sentry dog operator shall notify both the Chief of Police and the Fire Chief of each address within the city of assignment of each attack, guard or sentry dog at (east 15 days prior to the posting of the dog at that address. This notification requirement shall also apply to any owner or operator of a business or industrial or commercial premise which owns and maintains an attack, guard or sentry dog on that specific premise. E. Permits issued under this section may be revoked, suspended or conditions of probation be imposed by the Animal Control Officer for violations of the Dog Act of 1969 or this Title 8. The denial of an application or the revocation or suspension of a permit by the Animal Control Officer may be appealed by an applicant or operator in writing to the Chief of Police within ten (10) calendar days from the date of denial, revocation or suspension of a license or application. The Chief of Police shall appoint an examiner to conduct an informal administrative hearing and make recommendations to the Chief concerning the denial, revocation or suspension of a license or application. Conditions of probation imposed by the Animal Control Officer that are consistent with the Dog Act of 1969 or this Title 8 shall not be appealable, unless revocation or suspension results from violation of those conditions of probation. Unless appealed, the action of the Animal Control Officer shall be administratively final. If appealed, the decision of the Chief of Police shall constitute the exhaustion of administrative remedy and shall be administratively final. F. Any notices required for administration or enforcement of this section shall be sent in accordance with section 1.42.030. Section 6. That Chapter 8.24 is amended by amending sections 8.24.010, 8.24.020 and 8.24.040 to read as follows: 8 Animal Control Ordinance (2004) 8.24.010 Commercial Kennel or cattery. A commercial kennel is as defined in section 18.04.368. For purposes of this chapter, the term shall also include a commercial cattery where cats are raised or bred for sale or boarded for compensation. 8.24.020 Commercial Kennel and cattery operating permits. A. Commercial kennels and catteries require an operating permit issued by the Animal Control Officer, and must comply with zoning regulations. Applications to maintain a commercial kennel or cattery shall be processed through the planning commission. Applications shall be denied if impermissible with the zoning of the property, or, if the operation and maintenance of a kennel or cattery at that location, with due consideration for noise, sanitation and drainage, would be incompatible with, and inimical to, existing uses on contiguous parcels, contrary to public health and welfare. B. Once approved, a kennel or cattery operating permit shall be renewed annually by the Animal Control Officer upon payment of the annual licensing fee established in the National City fee schedule, provided the kennel or cattery continues to be maintained in accordance with Chapters 8.24 and 8.32. 8.24.040 Inspection —Suspension and revocation of issued kennel and cattery operating permits. A. (No change). B. A kennel or cattery operating permit may be revoked for any violation of the Penal Code, the Food and Agricultural Code or this title as it relates to the care and custody of animals. The holder of the permit may appeal an order of revocation in accordance with the procedures established in Chapter 1.42 for administrative hearings. C. (No change). D. (No change). Section 7. That Chapter 8.32 is amended by amending sections 8.32.010, 8.32.015, 8.32.020 and 8.24.040 to read as follows: 8.32.010 Prohibitions on keeping animals and birds. A. Except as provided in section 8.32.015 and in order to protect the public health and welfare and prevent the spread of exotic Newcastle disease, avian flu and West Nile virus, it is unlawful to keep, possess or maintain anywhere within the city limits any of the following animals, birds or reptiles. Prohibited animals shall include, without limitation, the following: 1. Any venomous snake, lizard or reptile; 2. Any lizard or reptile, including a non -venomous snake, exceeding six feet in length or twenty-five pounds in weight; 3. Any ferret, skunk or polecat; 4. Any lion, tiger, leopard, .cheetah, wildcat or other members of the feline family, other than a "cat" as defined in section 8.04.015, regardless of actual weight or age; 5. Any primate (monkey, chimpanzee, etc.) except a monkey which is trained as a service animal and being used to assist a disabled person in dealing with their disability, provided the monkey does not exceed twenty pounds in weight. 6. Any pig; 7. Any wolf, fox, coyote or similar member of the canid or lupus family or any canine hybrid; 9 Animal Control Ordinance (2004) 8. Any rooster regardless of size or whether it has been surgically de - crowed; 9. Any other large animal that is not a horse, burro, jackass, mule, cow, sheep or goat, llama or alpaca; 10. Any animal or bird whose possession is restricted by federal or state law without a permit. B. The prohibitions on animals in subsection A of this section shall not apply in the case of a traveling circus or carnival which has obtained a temporary use permit pursuant to Chapter 15.60 to conduct exhibitions of a temporary nature and duration. Animals shall be securely kept and maintained in enclosures or cages in accordance with applicable humane and sanitary laws. It shall be a condition of any permit that the permit holder will be subject to unannounced inspections. 8.32.015 Restrictions on keeping certain animals, birds and reptiles. A. It is unlawful to keep, possess or maintain any other animal, bird or reptile not prohibited by section 8.32.010, except as follows: 1. Only horses, cows, goats, sheep, burros, mules, jackasses, llamas, or alpacas may be kept, possessed or maintained, either alone or in combination with each other, not to exceed a total of five combined, on a parcel of land with a minimum of at least a twenty thousand square feet area. 2. Any combination of the following classes of animals, not to exceed a total of twenty (20), with each class limited by a maximum of four adult rabbits, four chinchillas, four hen chickens, four turkeys, four ducks, four geese, or twenty pigeons may be kept on any property zoned for single family residential use that is greater than twenty thousand (20,000) square feet in area. 3. Domesticated rats or domesticated mice, hamsters or parakeets or small ornamental songbirds, or any combination not to exceed a total of twenty, may be kept in cages or similar enclosures on any property used for residential purposes. 4. Any number of domesticated mice or domesticated rats, hamsters, parakeets or small ornamental songbirds, or other birds or animals not prohibited by section 8.32.010, may be kept at any laboratory or pet shop properly located in a zone allowing for such use, provided the animals are kept under humane sanitary conditions in cages or enclosures which are designed to prevent them from being at large. 5. A maximum of three dogs and three cats, all over the age of four months, may be kept on any property used for single-family residential dwelling. 6. A maximum of two dogs or two cats, all over the age of four months, or a combination not to exceed two may be kept or maintained in any one dwelling unit located within a mobile home park, multifamily dwelling or apartment or condominium complex, if allowed by the regulations of the owner or condominium association. 7. Large birds not exceeding a total of two may be kept on any parcel exceeding twenty thousand (20,000) square feet pursuant to a permit issued by the animal control officer. 8. In addition to any animals allowed by subsection A of this section, a resident of a dwelling unit located in a mobile home park, multifamily apartment or dwelling or condominium may keep a maximum of two small ornamental birds or song birds, if allowed by the regulations of the owner or condominium association. 10 Animal Control Ordinance (2004) 9. Except as provided otherwise in this section, no more than three cats exceeding four months of age shall be kept on any parcel of land within the city. 10. Only one non -venomous snake not exceeding six feet in length or one reptile or lizard not exceeding twenty-five pounds in weight, may be kept on any property, either alone or in combination with any other animal or combination allowed by this section. B. 1. Exemptions to the above limits may be allowed for educational, conservation, religious or preservation purposes upon issuance of an animal permit by the city council or city manager. No permit shall be issued unless it shall affirmatively appear that the increase in numbers or combinations will not adversely affect the public health and safety or be incompatible with uses on contiguous properties. Each permit issued is subject to revocation or nonrenewal, or both, for violations of this title. An annual permit fee as established in the National City fee schedule shall be paid at the time of application and each renewal. 2. Violations of issued permits shall result in the impoundment of any animals, birds or reptiles in excess of the number or species allowed by subsection A of this section, and the revocation of the permit. The permit holder may appeal the permit revocation in accordance with Chapter 1.42 within ten calendar days from the date of revocation to show cause why the permit should not be permanently revoked. Impounded animals shall be kept at the owner's expense during the appeal or pending decision, following which disposition pursuant to section 8.04.020 shall occur. 3. Violations are also subject to administrative or criminal actions, as appropriate, notwithstanding the revocation of the permit. C. The authority granted by subsection A of this section to keep or maintain animals, reptiles or birds shall not apply on any property, including a mobile home park, condominium association or apartment, where other restrictions or prohibitions on the keeping of animals, birds or reptiles exist, either by regulation, lease, zoning or restrictive covenants. 8.32.020 Conditions of keeping or maintaining permitted animals, birds and reptiles. Except where a prohibition or restriction is specifically made applicable to "any person", it is unlawful for an owner, handler or any other person charged with the keep, care, possession or maintenance of an animal, bird or reptile to fail to comply with the following regulations: A. All dead birds, animals and reptiles, and all manure, feces, feathers, skins and related detritus shall be removed and disposed of in a sanitary manner within forty- eight hours of death or occurrence. Pending disposal, the materials shall be stored in fly tight, air tight containers. B. - I. (No change). J. Except for cats, no animals shall be allowed to run at large. Notwithstanding, a cat owner shall control his or her cat or cats so as to avoid the creation of a public nuisance. Cats at large may be trapped by any person using a nonlethal, humane trap and shall be turned over to an animal shelter or an animal control officer within twenty-four hours. The city shall not be responsible for trapping or transportation. K. No feral pigeons or cats at large shall be fed or maintained on any public or private property in the city by any person. In order to prevent attracting wild animals 11 Animal Control Ordinance (2004) and birds, domestic pigeons may only be fed within a coop on the property of the owner or handler, and cats may only be fed within a residence or an enclosure on the property of the owner. L. No rat or mouse that is being lawfully maintained pursuant to this chapter shall be released or allowed to run at large within the surrounding community. M. No person shall feed any wild bird upon the premises of any restaurant or facility serving or selling food for human consumption. N. It is unlawful to allow any animal or bird to make excessive and continuous noise which disturbs the peace and comfort of any resident of normal and reasonable sensitivity on neighboring property so as to interfere with his or her reasonable and comfortable enjoyment of life or property. Interference by noise shall also constitute a public nuisance. Pursuant to section 12.10.120, any animal or bird that howls, barks, meows, squawks, or makes a sound characteristic of that species which creates a noise disturbance across a residential or commercial real property line or within a noise sensitive zone between the hours of 10 p.m. and 7 a.m. daily for more than three (3) minutes, or at other times for more than ten (10) consecutive minutes or for more than a total of fifteen (15) minutes within any sixty (60) minute period is a public nuisance. The procedures set forth in sections 8.16.050 and 8.16.055 shall be utilized in responding to noise complaints and requests for abatement, in so far as applicable, under this section. O. Persons who are affiliated with animal and avian rescue organizations are restricted to keeping only that number or combination of birds, animals or reptiles allowed by this chapter 8.32 on the property where the operation is conducted, notwithstanding the charitable nature of their enterprise. 8.32.040 Transition provisions. The prohibitions and restrictions enacted and made applicable to the possession of animals and birds in Chapter 8.32 pursuant to Ordinance ( ) shall not apply to any animal or bird currently and lawfully owned by a resident of this city until July 1, 2004, after which date the animal shall be immediately removed from the city or be surrendered to the Animal Control Officer for disposition or placement when possible, or for destruction when not possible. After July 1, 2004, it is unlawful for any person to possess or maintain an animal or bird in violation of Chapter 8.32. This transition provision shall not apply to any bird or animal that was regulated or prohibited by the adoption of Ordinance 2171 in the year 2000, the transition period for compliance having since expired, and for which any prohibition, regulation or restriction is now fully applicable. PASSED and ADOPTED this day of , 2004. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk George H. Eiser, III, City Attorney 12 Animal Control Ordinance (2004) .FETING DATE May 4, 2004 City of National City, California COUNCIL AGENDA STATEMENT 23 AGENDA ITEM NO. (-ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 14.04.070 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO COLLECTION OF DELINQUENT SEWER SERVICE CHARGES PREPARED BY EXPLANATION George H. Eiser, III (Ext. 4221) DEPARTMENT Please see attached memorandum. City Attorney CEnvironmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Memorandum Proposed Ordinance Resolution No, A-200 {9.99) TO: City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, I11 • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 Mayor and City Council DATE: April 22, 2004 FROM: City Attorney SUBJECT: Amendment of Notice Requirement for Collection of Delinquent Sewer Service Charges Sections 5470-5474.10 of the California Health and Safety Code, and Chapter 14.04 of the National City Municipal Code, set forth procedures for the collection of current and delinquent sewer charges on the tax roll. Before such charges may be collected on the tax roll, the City Council must hold a public hearing to consider the amount of charges to be collected on the tax roll, and to give persons to be assessed the opportunity to appear and object to the charges. State law provides that notice of the hearing shall be by publication. Additionally, where charges are to be collected on the tax roll for the first time, written notice shall be mailed to the persons to whom charges will be assessed. Section 14.04.070 C. of the National City Municipal Code also sets forth notice requirements for the public hearing where delinquent charges are to be collected on the tax roll. In addition to the requirements for notice by publication and by mail. Subsection C.2. provides for service of the notice in the same manner as a summons is served in a civil court lawsuit. Service of a summons is generally required to be by personal service. In the case where hundreds of delinquent accounts are to be collected on the tax roll, the requirement of personal service imposes an undue burden on the City. Because service of notice in the same manner as service of a summons is not required by state law, it is recommended that Section 14.04.070 C.2. of the Municipal Code be amended to delete this requirement. GEORGE H. EISER, III City Attorney GHElgmo ® Recycled Paper Section 14. as follows: ORDINANCE NO. 2004 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 14.04.070 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO COLLECTION OF DELINQUENT SEWER SERVICE CHARGES BE IT ORDAINED by the City Council of the City of National City that 04.070 C.2. of the National City Municipal Code is hereby amended to read 2. The City Clerk shall cause notice of the hearing to be published pursuant to Section 6066 of the California Government Code. Additionally, before charges are collected on the tax roll for the first time, the City Clerk shall cause a notice in writing of the filing of the report proposing to have such charges for the forthcoming fiscal year collected on the tax roll and of the time and place of hearing thereon, to be mailed to each person to whom any parcel or parcels of real property described in said report is assessed in the last equalized assessment roll available on the date said report is prepared, at the address shown on said assessment roll or as known to said clerk. If the City Council adopts the report, then the requirements for notice in writing to the persons to whom parcels of real property are assessed shall not apply to hearings on reports prepared in subsequent fiscal years but notice by publication as herein provided shall be adequate. PASSED and ADOPTED this day of , 2004. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: sg George H. Eiser, Ill City Attorney Nick Inzunza, Mayor MEETING DATE May 4, 2004 City of National City, California COUNCIL AGENDA STATEMENT SECOND READING AGENDA ITEM NO. 24 ITEM TITLE ORDINANCE OF THE CITY COUNCIL AMENDING TITLE 1 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING SECTION 1.12.030 PERTAINING TO STOP ORDERS AND SECTION 1.28.010 PERTAINING TO POWERS OF ARREST FOR INSPECTORS PREPARED BY EXPLANATION Rudolf Hradecky, Esq DEPARTMENT (Ext. 4222) ER. City Attorney This ordinance amends section 1.12.030 of the Municipal Code covering "Stop Orders". It clarifies the procedures for issuing cease and desist orders for work or business being performed in violation of law or permit or license requirements. The changes will apply to continuing violations as well, and would make civil penalties of $1000.00 per day and separate misdemeanor charges applicable to such violations. The revisions clarify the process for notification and confiscation of implements and equipment being used in the commission of a continuing public nuisance. In addition, the revisions clarify that the cease and desist order does also apply to businesses being conducted without a license. The provisions will assist code compliance officers and business license and building inspectors in enforcing city ordinances and state law. This ordinance further amends section 1.28.010 to generally add enforcement inspectors and other categories of personnel who are assigned duties to enforce the Municipal Code to those specific positions already covered by the grant of authority to issue citations for violations of the Municipal Code. This is intended to include those personnel who enforce sewer, water quality and pollution standards for the city. Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Strike -out version of ordinance Proposed Ordinance Resolution No. A-200 i9.99) ORDINANCE NO. 2004 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 1 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING SECTION 1.12.030 PERTAINING TO STOP ORDERS AND SECTION 1.28.010 PERTAINING TO POWERS OF ARREST FOR INSPECTORS 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, Chapter 1.12, is amended by amending Section 1.12.030 to read as follows: 1.12.030 Stop orders. A. Scope. This section applies to any work, activity, construction, land development, land grading, use of land or conduct of a business for which a permit or license is required. B. Definitions. 1. A stop order is a verbal directive or written notice, or combination, directed to one or more responsible parties to cease and desist immediately from conducting business or performing or allowing work or activity to continue, including without limitation, construction, land development, or land grading, without having first obtained a required permit or license, or from conducting work or activity in a manner that violates the terms and conditions of an issued permit or license, or while a required permit or license is suspended or revoked. 2. The terms "public nuisance" and 'responsible party" are as defined in Section 1.36.010. C. Issuance of Stop Order. A public officer who is charged with the enforcement of the municipal code or state law is hereby authorized to issue a verbal or written stop order. A stop order may be issued to any person who conducts business without a license, conducts business or performs or allows work or activity to occur in violation of law, the municipal code or the terms and conditions of an issued permit or license, or who otherwise creates a public nuisance. A verbal stop order shall be followed up as soon as practicable by a written stop order. The written stop order may be in letter format or on cardboard backing suitable for posting on site, or any combination of written product sufficient to place each responsible party on notice of a duty to cease and desist from further operations in violation of law. In addition to any responsible party, the stop order may be served upon any employee, agent or contractor on site who is performing the work or activity. All work or activity must immediately stop upon the service or posting of the stop order, and shall not proceed again until authorized. D. Posting of Stop Order. When practicable, one copy of the stop order should be posted conspicuously at the entrance to the business or worksite, and an additional copy posted on any structure that has been enjoined from construction. Additional copies should be posted every two hundred feet along the perimeter of a work site consisting of unimproved real property. The failure to post a stop order on site or the unauthorized removal of a posted stop order shall not impair the validity or effect of any stop order issued pursuant to this section. E. Removal Prohibited. Once posted, no stop order shall be removed until a permit is issued or a determination is made by the building official, the city engineer, the finance director or the planning director, as applicable, that a permit or license is not required or the work is consistent with an issued permit. F. Cessation of Work and Remediation. While a stop order is in effect, no responsible person shall authorize, perform or allow an act or omission to occur which directly or indirectly allows the prohibited activity to continue or proceed towards completion, except that debris, construction material and equipment may be removed from the site while the stop order is in effect. The property owner, any contractor on site and any other responsible party may be required and shall be allowed by the stop order to secure the area against danger to the public by erecting barricades or fencing, to fill in any excavation and remove debris or obstructions to pedestrian and vehicle safety, or to remediate the site in order to remove a public nuisance. G. Contents of Stop Order. Written stop orders posted on site -may utilize an eight and one-half inch by eleven inch cardboard backing against a red background on which will appear the words "Stop Order" in one -inch block letters. In smaller size type, the following information may appear: a description or address of the site, the time and date issued, a notice that it is unlawful and a misdemeanor with a penalty of a one thousand dollar fine or imprisonment not to exceed six months, or both, to remove the sign or to continue work or business without authority. The stop order shall be signed by or on behalf of the administering official and shall cite this Section 1.12.030 as authority. A stop order may also be issued in letter format, containing the information above together with any additional directives required for safety or site remediation. Stop orders shall be mailed or personally delivered to each responsible party, and may be delivered to any on site contractor. H. Violations and Penalties. 1. It is unlawful and a misdemeanor for any person upon whom a stop order is served, or who has actual notice of a stop order: (a) to continue to conduct business withouta license or in violation of the terms and conditions under which the license was issued; (b) to perform, authorize or allow work or activity to continue or proceed towards completion without a required permit or in violation of the terms and conditions under which a permit was issued: or, (c) to fail or refuse to install fencing or barricading, to remove debris and obstructions to pedestrian or vehicle safety, or to fill in excavations, as may be required by a lawfully issued stop order to remediate or return the site to a safe or non-public nuisance condition. 2. It is unlawful and a misdemeanor for any person to remove any lawfully posted stop order issued pursuant to this Section 1.12.030 unless authorized by an enforcement official or responsible public officer. 3. Violators are subject to arrest. It shall be the duty of a peace officer to accept the custody of a violator who is arrested pursuant to this section by any public officer who is not a peace officer. Additionally, any implements, animals, equipment or materials utilized in violation of this section may be impounded, and storage or maintenance fees and charges shall be charged against all responsible parties. 2004 Ordinance 2 Stop Work Order 4. Each day that work, activity or business continues in violation of this section constitutes a separate violation for purposes of criminal prosecution and imposition of administrative penalties to a maximum of one thousand dollars ($1000.00) per day pursuant to chapter 1.48. Criminal, civil or administrative action under this section 1.12.030 shall not bar any criminal, civil or administrative action pertaining to the underlying initial performances of work, business or activity in violation of law. Section 2. That Title 1, Chapter 1.28, is amended by amending Section 1.28.010 to read as follows: 1.28.010 Powers of arrest —Code conformance officer or compliance inspector, business license inspector, building inspector, fire chief, battalion chief, fire marshal, and fire inspector. Any code conformance officer or compliance inspector, business license inspector, building inspector, fire chief, battalion chief, fire marshal, fire inspector, and any other officer designated to enforce the Municipal Code is authorized the powers of arrest and authority to issue citations for those specific ordinances and provisions of the Municipal Code which they have a duty to enforce, as provided for in Section 836.5 of the California Penal Code. PASSED and ADOPTED this day of , 2004. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H."Eiser, III City Attorney Nick Inzunza, Mayor 2004 Ordinance 3 Stop Work Order ,NATIONAL CITY MUNICIPAL CODE / FO1n` Title 1, Chapter 12 Right of Entry for Inspection or Service of Notices, and Stop Orders, (...rll) { Formatted: Font: Axial ) 1.12.030 Stoporders. ,A. ,Scope. This section applies to any work, activity.Deleted: work construction, land developmentjand grading, use of land or conduct of a business for which a permit or license is required. Deleted: or ...whys a public j3. Definitions. nuisance t [31 1. A stop prderjs a verbal directive or written notice, or combination,'':'- Deleted: directed to one or more ,responsible parties to cease and desist immediately from' Deleted: and has not been obtained¶ Fonducting business or performing or allowing work or activity to continue„ including Deleted: work ._ ..persons without limitation, construction, land development., or land grading, without having first continuing or (... [al obtained a required permit or license, or from conducting work or activity in a manner Formatted [57 that violates the terms and conditions of an issued permit or license, or while a required permit or license is suspended or revoked, 2. The terms "public nuisance" and "responsible party" are as defined in Section 1.36.010. C. Issuance of Stop ,Order. A public officer who is charged with the ..-,' Deleted: work..., or both, ...work ... enforcement of the municipal code or state law is hereby authorized to issue a verbal or / writterotoporder. A stop order may be issued to any person who, conducts business / without a license. conducts business cr performs or allows work or activity, to occur in •._.--{ Formatted: Font: Arial violation of law., „the municipal codepr the terms and conditions of an issued ermit or Deleted: or , nl license, or who otherwise creates a public nuisance. A verbal stop order shall be - -•{ Formatted: Font; Axial followed up as soon as practicable by a written stop order. The written stop order may be in letter format or on cardboard backing suitable for posting on site, or any combination of written product sufficient to place each responsible party on notice of a duty to cease and desist from further operations in violation of law. jn addition to any responsible partyjhe stop order may pe served upon, / Deleted: The stop work order may any employee, agent or contractor on site who is performing the work or activity. All bead (.1g7 work or activity,inust immediately stop upon the service or posting of the stop order, and hall not oceed wain until authorized. D. Posting of Stop ,Order. When practicable, one copy of the stop ,order ,Should be posted conspicuously at the entrance to the business or worksite, and an additional copy ,posted on any structure that has been enjoined from construction. Additional copies hould be posted every two hundred feet along the perimeter of a work site consistin • of unimproved real property. The failure to post a stop order on site or the unauthorized removal of a posted stop order shall not impair the validity or effect of any Stop order issued pursuant to this section. E. Removal Prohibited. Once posted, no stop,order shall be removed until a ,-.. Deleted: work that (,.. [11] permit is issued or a determination is made by the building. official, the city engineer, the , finance director or the planning director, as applicable, that a permit or license is not required or,the work is consistent with an issued permit. F. Cessation of Work and Remediation,, While .stop order is in ettect no Deleted: the wok ( [izl j responsible person shall authorize, perform or allow an act or omission to occur which Formatted [2] { Deleted:. ( ... del Deleted: Work ...work ...shall ...be may ...ff the... s...work ...other action or a ...work (... tun directly or indirectly allows the prohibited activity to continue or proceed towards completion, except that debris, construction material and equipment may be removed from the site while the stop order is in effect. The property ownesony contractor on site --{ Deleted: and any other responsible party may be required and shall be allowed by the stop order ~ { Deleted: and to secure the area against danger to the public by erecting barricades or fencing„$o fill ,,-.-{ Deleted: and { Deleted: to { Inserted: to in any excavation and ternove debris or obstructions to pedestrian and vehicle safety, or to remediate the site in order to remove a public nuisance. G. Contents of Stop Order. )Nritten stopprders posted on site may utilize an eight and one-half inch by eleven inch cardboard backing against a red background on which will appear the words ~Stop Orderjn one -inch block letters. In smaller size type, the following information may ,appear: a description or address of the site, the time and , date issued, a notice that it is unlawful and a misdemeanor with a penalty of a one '•,`;:, thousand dollar fine or imprisonment not to exceed six months, or both, to remove the `•,' sign or to continue work or business without authority. The stop order shall be signed `. by or on behalf of the ,administering official and shall cite this Section 1.12.030 as authority. A stop order may also be issued in letter format, containing the information above together with any additional directives required for safety or site remediation. Stop orders shall be mailed or personally delivered to each responsible party, and may be delivered to any on site contractor. H. Violations and Penalties. 1. It is unlawful and a misdemeanor for any person upon whom a stop order is served, or who has actual notice of a stopprder. (a) to continue to conduct .. business without a license or in violation of the terms and conditions under which the license was issued; (b) to perform, authorize or allow work or activity o ,ontinue_,er proceed towards completion without a required permit or in violation of the terms and ``.;: conditions under which a permit was issued; or, (c)`to fail or refuse to install fencing or barricading, to remove debris and obstructions to pedestrian or vehicle safety, or to fill in excavations„4s may be required by a lawfully issued stop orderlo remediate or return the site to a safe or non-public nuisance condition, 2. It is unlawful and a misdemeanor for any person to remove ,pn lawfully posted stopprder issued pursuant to this Section 1.12.030,unless authorized by an enforcement official or,,responsible public officer. 3. Violators are subject to arrest It shall be the duty of a peace officer to accept the custody of a violator who is arrested pursuant to this section by ampublic officer who is not a peace officer. Additionally, any implements, animals, equipment or materials utilized in violation of this section may be impounded, and storage or maintenance fees and charges shall be charged against all responsible parties. 4. Each day that work, activity_ or business continues in violation of this section constitutes a separate violation for purposes of criminal prosecution and s. imposition of administrative penalties to a maximum of one thousand dollarsj$1000.00) per day pursuant to chapter 1.48. Criminal, civil or administrative action under this section 1.12.030 shall not bar any criminal, civil or administrative action pertaining to the underlying initial performances of work, business or activity in violation of law. { Deleted: work Deleted: Stop Deleted: work Formatted: Font Arial Formatted: Font Anal Deleted: or Stop Deleted: work Deleted: order Deleted: also Deleted: building otfwiel, city engineer or planning director Deleted: work Deleted: work Deleted:. Formatted: Font Arial Deleted: occur by which the enjoined activity w41 Deleted: to Deleted: 'f Formatted: Font: Arial ( Formatted: Font Arial ( Deleted: that •( Deleted: in order Deleted:. Deleted: a Deleted: work Deleted: until Deleted: a ( Deleted: a Formatted: Font: Arial ' , { Formatted: Font: Arial `( Formatted: Font Arial NATIONAL CITY MUNICIPAL CODE Title 1, Chapter 28 Arrest Powers 1.28.010 Powers of arrest —Code conformance officer or compliance inspector, business license inspector. building inspector, fire chief, battalion chief, fire marshal, and fire inspector. Any code conformance officer or compliance inspector, busincic license inspector, building inspector, fire chief, battalion chief, fire marshal, fire inspector, and any other officer designated to enforce the Municipal Code is, authorized the powers of arrest and authority to issue citations for those specific ordinances and provisions of the Municipal Code which they have a duty to enforces, as provided for in Section 836.5 of the California Penal Code. Deleted: The -{ Deleted: and Deleted: inspector are Formatted: Font: Arial Formatted: Font: ArlaI Deleted: assigned to their inspection and control MEETING DATE May 4, 2004 City of National City, California CIL Ae ST T E T OLD BUSINESS AGENDA ITEM NO. 25 ITEM TITLE 9/80 Work Schedule Ryan Hyland 33 • PREPARED BY Management Analyst Phone: 336-4370 DEPARTMENT City Manager EXPLANATION In October 2003, City Council directed staff to proceed with implementation planning for a 9/80 work schedule. Since this time, staff has worked with the National City Municipal Employees Association (MEA) and a Side Letter to the current Memorandum of Understanding (MOU) has been agreed upon. Staff are ready to begin the implementation process for the 9/80 work schedule. The 9/80 schedule will not affect Police and Fire public safety services, nor will it affect the operations of graffiti removal, basic park maintenance, library hours, pool hours, or parking enforcement. Should Council approve the implementation, staff will identify a start date and provide periodic Council updates as the start date approaches. A staff presentation on this subject will be made during the May 4, 2004 City Council Meeting. This report outlines: • A brief review of 9/80 and the public benefits • Public information plans for 9/80 Environmental Review ✓ N/A Financial Statement Implementation of the 9/80 schedule will have minimal financial effects. Insignificant savings may be seen in energy costs. Funds for public information efforts and slight increases in on -call pay could be covered in existing budgets. Emergency situations, such as sewer breaks, on a closed Friday could result in a slight increase in overtime pay. This will also be a minimal amount and thus covered within existing budgets. STAFF RECOMMENDATION Account No. The City Manager's Office recommends City Council approve the 9/80 implementation. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS. ( Listed Be&ow ) Resolution No. A) Side letter to current Memorandum of Understanding between the City and the MEA B) Initial concept plan report presented to Council in October 2003 A-200 (9/80) Page 1 of 3 (7--- EXPLANATION(continued) Guiding Philosophy: The City's primary function is to service the needs of the community of National City. The 9/80 schedule is designed to provide flexibility for both customers and employees, while insuring that City service levels, work turnaround time, productivity and office operations are not adversely affected. The 9/80 Schedule: The 9/80 schedule provides residents and businesses with extended hours of access at City Hall. Week 1: City Hall is open Monday — Thursday 7:30 a.m.— 5:30 p.m. and Friday 7:30 a.m. — 5:30 p.m. Week 2: City Hall is open Monday — Thursday 7:30 a.m.— 5:30 p.m. and closed on Friday. (The Week 1/Week 2 pattern is repeated throughout the year and the closed Friday will match the 7 other San Diego cities that close on Fridays.) Note: The 9/80 schedule will not affect Police and Fire public safety services or the hours for the Library, Pool, Senior Center, Camacho Gym, and El Toyon. These functions will remain on their current schedules as will Parking Enforcement and Graffiti Removal. Public Benefits: The principal public benefit to 9/80 is extended hours of accessibility during four days of each week. Opportunities for communication between residents and staff, both in person or by telephone, will be enhanced by 9/80. Any individual who currently has difficulty accessing City Hall services between the standard business hours of 8 a.m. to 5 p.m. will now have additional opportunities in the morning and evening. Implementation - Public Information Campaign: The most important component of a successful 9/80 implementation is the public information campaign. Efforts must be made to inform the public in advance of the new schedule, and a continuing effort will be made after the 9/80 schedule is implemented. The information campaign will use all of the resources available to the City to get the information out about the new schedule. The initial information campaign will need to precede the 9/80 schedule by at least 4 weeks. The following are some of the methods that will be used to inform the public of the extended hours and alternating Friday closures. Press releases and select information items will be offered in English, Spanish, and Tagalog. Initial Efforts: • Display ads will be placed in The Star News and other local newspapers • The main City Hall phone number will announce the details of the coming schedule. • A one page calendar outlining the schedule will be available at all City public counters. • The City's website will include 9/80 information, including an annual calendar highlighting hours and closed Fridays. • Press releases will be sent to all media outlets, cities, school districts, and other government agencies with which the City works. • City e-mails sent to outside contacts will contain reminders of the upcoming schedule. • All City voice mail messages will announce the upcoming changes. • Vendors, contractors and businesses that frequently use City services will be notified of the upcoming schedule change. • Information will be provided to the Chamber of Commerce and other Community Based Organizations so they can assist in disseminating 9/80 information. • Individual departments will use specific public information methods best suited to reach their specific customers. Page 2 of 3 EXPLANATION (continued) Ongoing Public Information Efforts: • The main City Hall phone number will always mention the details of the schedule. • A one page calendar will always be available at all City public counters. • The City's website will include the 9/80 information, including a calendar for showing hours and closed Fridays. • City e-mails sent to outside contacts will have reminders of the 9/80 schedule. • All City voice mail messages will mention the schedule. • Any new vendors, contractors or businesses that use City services will be notified of the 9/80 schedule. • Annual schedules will be provided to the Chamber of Commerce and other Community Based Organizations so they can assist in disseminating information. • Informational signs will be placed at City Hall on every closed Friday. STAFF RECOMMENDATION Approve implementation of the 9/80 schedule. Direct staff to identify a start date and provide periodic updates on public information efforts as the start date approaches. Page 3 of 3 .,_) Attachment A SIDE LETTER TO MEMORANDUM OF UNDERSTANDING BETWEEN NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION, SEIU LOCAL 2028 AND THE CITY OF NATIONAL CITY ALTERNATIVE 9/80 WORK SCHEDULE Subject to Council adoption of the 9/80 plan, the CITY shall execute an administrative policy for the implementation of an alternative 9/80 work schedule for employees in designated City operations and facilities. The City's intent is to begin this schedule within 30 days of Council approval, and no later than June 30, 2004 Articles 2, 3, 4, 11, and 24 in the current Memorandum of Understanding (MOU) will require modification to implement this new work schedule. Until a new MOU is approved, this side letter and administrative policy Chapter 100.11 will be used as controlling documents for all issues related to 9/80. Employees on the 9/80 schedule must also complete and sign an "Alternate Work Schedule Agreement" that outlines a specific work schedule. This document will remain on file with the Human Resources Department. Although the 9/80 implementation plan and related administrative policies have been designed to be as specific as possible, the City, MEA, and SEIU Local 2028 understand that there are aspects of such a work schedule that cannot be fully anticipated, and that the parties may need to meet to discuss unforeseen circumstances should they arise. Guiding Tenets: While both the City and the MEA understand the fundamental components of the 9/80 plan, both parties also agree that the City's primary function is to service the needs of the residents of National City. As a result, this alternative work schedule will continue to be monitored annually in terms of operational impacts, community acceptance, public accessibility, as well as employee morale and productivity. Any modified work schedule shall not be considered a vested right or benefit. The City has the ability to discontinue the 9/80 schedule, with 30 days notice, and will meet and confer should such discontinuation be deemed necessary. The City Manager has sole discretion to exempt any position or group of positions from 9/80 in order to fulfill delivery of City services. Should any position or group of positions be exempted, 30 days notice will be provided and the City will meet and confer. ARTICLE 24 Work Day, Work Week, Pay Period, and Pay Day Section 5 (revised) 9/80 Work Schedule The standard work schedule provides that employees work nine (9) hour days four (4) days per week, plus one eight (8) hour Friday once every two weeks. Alternating Fridays, which match the schedules of other 9/80 cities in the county, are scheduled as the Friday off. For the majority of employees, the following schedule will apply (Note: these will also be the public hours of operation for the Civic Center) 9/80 - Side Letter to Current MOU Page I Week 1: Monday — Thursday 7:30 am — 5:30 pm, Friday* 7:30 am — 5:30 pm Week 2: Monday — Thursday 7:30 am — 5 :30 pm, Friday Off — City Hall Closed *Although City Hall will be open for extended hours on this Friday, City Departments will stagger work schedules so each employee works a maximum of 8 hours. The workweek is a seven (7) day period generally commencing at 12:00 P.M. on Friday and ending at 12:00 P.M. the following Friday. Work weeks for employees beginning work at times earlier than 7:30 A.M. will have the work week start and stop at earlier times on Fridays so that their 40 hours of work will fall within a 168 hour period. For example, an employee beginning work at 6:30 A.'M. will have the workweek start at 10:30 A.M. on Fridays and end at 10:30 A.M. on the following Friday. Overtime: Implementation of this schedule will have no effect on current overtime practices. There will be strict enforcement of the 8-hour Friday requirement to insure that 9/80 does not cause overtime issues. On -Call: The Friday off will be treated as a weekend for the purposes of On -Call status and in accordance with Article 11, Section 3 and Section 4 of the current MOU. Leave Time: Leave time (including Admin, Vacation, and Sick) will continue to be accrued at the same rate, but will need to be taken in accordance with however many hours of work are missed. For instance, should an employee take a vacation day on a day they are scheduled to work 9 hours, 9 hours of vacation time will need to be used. Misc Leave: Employees attending a work related conference on their off Friday will be credited with up to 8 hours of leave in the form of vacation time. Employees serving jury duty on their off Friday or a City Holiday, shall not be compensated by the City. Accrual Rates: Rates will be unchanged. Holidays and Floating Holidays: Holidays and Floating Holidays will continue to be compensated at a rate of eight (8) hours of the employee's regular rate of pay. Employees will have the option of using leave time (vacation, floater, admin. or comp.) or working one extra hour within the same week in which the holiday occurred. When a holiday falls on an employees Friday off, the day will be accrued and will be taken as a floater at a later date. These floaters must be used prior to the end of the fiscal year. The use of the floater is subject to Supervisor approval, just as is the current practice for leave time. If workload issues, as defined by supervisors, create a situation in which holiday leave floaters cannot be used by the end of the fiscal year, the holiday leave floater can be carried to the new fiscal year. Flexibility: The City recognizes that certain employees may require some flexibility with their schedules. Individual variations to the standard 9/80 working hours shall be recommended by the Department Director and reviewed by the City Manager or his/her designee. All variations will be evaluated on a case -by -case basis with considerations including, but not limited to, dependent care, pursuit of higher education, medical conditions, and special needs of the department. 9/80 - Side Letter to Current MOU Page 2 Eligibility: Participation will be citywide with the following exceptions: MEA employees working in the National City Library are not eligible for a 9/80 schedule at this time. The City is willing to reconsider the availability of a 9/80 schedule for Library employees in the future. Emergency Police & Fire Safety positions will remain on their current schedules. The City will continue to have certain key functions that require staffing on a five-day per week basis. Some departments may require certain employees to use a modified 9/80 schedule. This may require that some employees have their off day on a different day of the week, or on an alternate week. For the fc>1TY: Chris Zap City Mana P /sprjor Inteman Ryan Hyland Management Analyst For the NCMEA James Presid lade nt/NCMEA dam Landa MEA Repres-'tative Ken Capehart Chief Spokesperson/SEIU 9/80 - Side Letter to Current MOU Page 3 Attachment B City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 21, 2003 AGENDA ITEM NO. 12 ITEM TITLE 9/80 Work Schedule - Request for Concept Approval PREPARED BY Ryan Hyland ti Management Analyst Phone: 336-4370 DEPARTMENT City Manager EXPLANATION In March of 2003 the MEA submitted a proposal to Management regarding the possible implementation of a 9/80 work schedule. Management met with MEA representatives, as was called for in the current MOU*, to discuss the proposed 9/80 schedule. While there was initial interest by both parties to investigate options for this work schedule, workload issues prevented a full analysis at that time. Management recently met again with MEA representatives to discuss the 9/80 work schedule and both parties have agreed to a tentative timeline for analysis and possible implementation. The attached report outlines the general concept of a 9/80 work schedule and how it could be implemented in the City of National City. At this time staff is requesting concept approval of the 9/80 schedule. If approved in concept, staff will prepare a detailed and comprehensive implementation plan, meet with MEA on meet and confer issues, and return to Council with an implementation plan. *The current Memorandum of Understanding with MEA lists the following in Article 24, Section 5: "The City will agree to re -open negotiations before the end of the first quarter of the calendar year 2003 for the sole purpose of considering the desirability and feasibility of implementing a 9/80 work schedule and issues relating to that implementation." Environmental Review ✓ N/A Financial Statement Implementation of 9/80 would have minimal financial effects. Insignificant savings .may be seen in energy costs. Funds for advertising and slight increases in on -call pay could be covered in existing budgets. Emergency situations, such as sewer breaks, on an off Friday could result in a slight increase in overtime pay. This would also be a minimal amount likely covered within existing budgets. Account No. STAFF RECOMMENDATION The City Manager's Office recommends that the City Council give concept approval to the 9/80 plan and authorize Staff to complete the planning effort and return with a final implementation plan. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. A) 9/80 Overview B) Schedules of Cities in San Diego County C) Proposed Timeline for Analysis & Implementation D) Initial MEA proposal A-200 (9/80) Attachment A 9/80 Overview Fundamentals of the 9/80 work schedule A 9/80 schedule allows employees to work 9 days instead of 10 days in a two week pay period, while still fulfilling a 40 hr per week workload. For example, a common structure of a 9/80 schedule is as follows: Week 1: Monday — Thursday 7:30 a.m.— 5:30 p.m., Friday 8:00 a.m. — 5:00 p.m. Week 2: Monday — Thursday 7:30 a.m.— 5:30 p.m., Friday Off — City Hall Closed (The Week 1/Week 2 pattern is repeated during every pay period) The convenience to the public is that City Hall is open earlier and stays open longer on Monday through Thursday. (Note: Some cities that operate under a 9/80 schedule alternate staff on the Week 2 Friday to keep City Hall open. Due to the small staffs in many of our offices it would not be feasible to operate with only half-staff on Fridays. Even with increased staffing it is our observation that using the split staffing model causes chaos as the "right" employee never seems to be working on the day they are needed for a meeting or a customer contact. A better system, we feel, is to have everyone present for the same hours. Using our Human Resources Department as an example, with only 3 members this would require that one employee run the entire office on select Fridays. For these reasons it is advisable to adopt the Friday off model when implementing 9/80 in cities with smaller staffs.) 9/80 in other cities Currently in San Diego County 13 of the 18 cities operate under a 9/80 schedule. (Looking outside of San Diego, the majority of cities in Orange County operate under the 9/80 schedule.) Of the 13 San Diego cities on 9/80, 7 operate under the model listed above in which the City is closed for business on altemating Fridays. Attachment B contains a chart of San Diego County cities and their schedules. (Note: Cities that close City Hall on alternating Fridays all chose the same Friday to be closed. Staff would recommend that National City follow the same closure schedule.) Staffs in these cities describe an overall satisfaction with the schedule from both employees and the public. There was mention in some cases of an adjustment period for the public where some residents did show up to City Hall on closed Fridays. Other cities were able to reduce this occurrence through extensive public information campaigns undertaken prior to implementation of the schedule. Some of the benefits and drawbacks to 9/80, as described by cities currently using the system, are listed in this report. The Community Development Commission in National City has also been operating on a modified version of 9/80 (closed on Fridays at noon) since June of 2001. The program was introduced on a one year trial basis, and was found to be successful and •therefore put in place permanently in July of 2002. After implementing the new schedule the CDC reported a 21% decrease in sick leave usage. Given the success of the modified 9/80, CDC has indicated an interest in transitioning to the Friday off 9/80 schedule listed above, should the City implement such a schedule. Benefits of the 9/80 schedule While some cities have instituted a 9/80 schedule in hopes of saving on energy costs, there is likely only a minimal savings in this area. However, a more substantial benefit is in the extended hours for customers during the workday. By extending the hours of City Hall beyond the traditional 8 to 5 workday, customers who might otherwise be unable to visit City Hall are now given the opportunity to,pull permits, pay fines, sign up for recreation classes, request information, and access any other City services they may need. The extended hours at City Hall offer the public an opportunity to visit before and after work, and this is a principal public benefit of the 9/80 schedule. In addition to the extended service hours offered to the public during the day, the schedule also benefits employees. The schedule allows employees to commute during non -peak traffic times, and also to take care of personal and family business on a weekday when City Half is closed on alternate Fridays. The 9/80 schedule is an effective benefit tool in the recruitment and retention of employees. Increasingly, the government agencies and private firms the City does business with are closed on Fridays themselves. Having a compatible schedule can add to our productivity. Benefit Summary: Residents' perspective Extended hours of access before and after normal work hours provide added convenience Employee perspective Time on off Friday can be spent with family or taking care of personal business Regional perspective Reduced traffic congestion/emissions during peak commuting hours Organizational perspective Valuable tool in recruiting and retaining employees Potential (albeit minimal) savings on energy costs Potential reduction in sick leave used by employees - 2 - Potential drawbacks of the 9/80 schedule Some residents may be inconvenienced on a Friday if they phone or travel to City Hall when it is closed. Drawback Summary: Residents' perspective City Hall not available every other Friday Potential confusion on which Friday City Hall is closed each month Regional Perspective No drawback identified Potential remedies for drawbacks While there are potential drawbacks to the 9/80 schedule, there are also practices which can reduce the magnitude and/or frequency of these issues. One of the major keys to the success of a 9/80 program is an aggressive public information campaign. Public information efforts preceding the implementation and ongoing efforts once the schedule is in place are crucial components of a 9/80 plan. Leading up to an implementation, a multi -faceted multi-lingual public information campaign would be needed to publicize the new schedule. This would be done through various press sources in an attempt to reach all residents and businesses in National City. In addition staff would contact all vendors and community groups to notify them of the new schedule. This information campaign would be similar, although more extensive, to efforts undertaken when the City Council Meeting frequency was changed several years ago, and also similar to the Christmas Week closure efforts undertaken last year. Because of the public information effort preceding these schedule changes, both were implemented smoothly with no issues of scheduling confusion reported by the public or vendors. Should Council wish to pursue a 9/80 schedule, staff would report back with a complete public information plan. Once a 9/80 is implemented it is important to maintain a level of public information to remind residents and businesses of Friday closures. Cities currently closed on alternating Fridays use a variety of methods to keep the public up to date on Friday closures. Signs at public counters, reminders on e-mails/voice mails, and print/web based calendars with closure dates are some of the methods used to remind residents and businesses of Friday closures. Staff would also include a detailed plan for ongoing reminders such as these in the final implementation plan. - 3 - Operational details of 9/80 If Council wishes to implement a 9/80 schedule, staff will return with a detailed and comprehensive plan outlining all aspects of operations and policy that would be affected. What follows below is a brief look at some of the issues that would need to be addressed. These issues have been addressed successfully in other organizations that have implemented a 9/80 schedule. Participation: In most cities with 9/80 schedules, the participation is citywide with the exception of safety employees (Police & Fire) and a limited number of other essential positions. Upon initial review, staff recommends that all National City employees participate in the 9/80 schedule, with the exception of those involved with the emergency operations, library operations, and certain recreation and public works operations. While City Hall and other City facilities, possibly including CDC, would be closed on alternate Fridays, certain facilities would remain open, and some operations would not be suspended. Examples of these facilities and potential operational changes are listed on the chart below. City Hall Closed on alternating Fridays CDC Closed on alternating Fridays (if matching City's 9/80) Police Safety operations unaffected. Office staff would be on 9/80 and the lobby would be closed on alternating Fridays (Note: Currently the lobby is closed on Saturday and Sunday. When someone arrives for emergency assistance, they are directed via signage to dial 911 on the payphone in front of the building. This signage would also be in place on the closed Friday if 9/80 were implemented) Fire Safety operations unaffected. Office staff would be on 9/80 and office closed on alternate Fridays Recreation Closed on alternating Fridays Recreation programs and facilities including the City Pool, the Senior Center, Camacho Gym, and El Toyon would remain open and staffed. City Parks would also be maintained 7 days a week as is the current practice. Library Hours of operation unchanged. Employee schedules would remain unchanged Public Works Closed on Alternating Fridays Essential operations, such as street sweeping, would continue on the current schedule Purchasing Closed on alternating Fridays Transit No Changes Nutrition Center No Changes - 4 - Flexibility: The City understands that some employees may require flexibility in their schedules. Dependent care and pursuit of higher education are two examples of possible scheduling challenges that some employees may encounter when adopting a new work schedule. The current Memorandum of Understanding with the MEA contains language that provides for flexibility in scheduling. It would be management's intent to continue to be flexible, when feasible, to accommodate employee needs related to 9/80. For instance, while the public building hours at City Hall may be from 7:30 a.m. to 5:30 p.m., if a Department Director and the City Manager were to approve, an employee needing flexibility could be permitted to begin their work day earlier than 7:30 am, or work beyond 5:30 p.m. This flexibility assumes all public counters will be adequately staffed during public hours and no other supervisory issues are identified. Workweek/Timecards: In order to comply with the Fair Labor Standards Act (FLSA), the payroll period would need to be changed as well as timesheet deadlines and paycheck distribution. Implementation of a 9/80 schedule would require that the payroll period begin, and end, at 12:00 noon on the working Friday. Overtime: Implementation of the 9/80 schedule, in and of itself, would not cause an increase in overtime or any violation of the FLSA. An adjustment of the payroll period that would accompany 9/80 would ensure compliance with FLSA. (Note: If emergency situations, such as sewer breaks, were to occur on an off Friday the City could see a slight increase in overtime pay. This would likely be a minimal amount that would be covered within existing budgets. A slight adjustment in on -call pay would also be seen, but this increase would be minimal and covered within existing budgets.) Leave Time: The 9/80 schedule would not affect the accrual rate for vacation or sick leave. Employees will continue to accrue vacation, holiday, and sick leave in accordance with the current accrual rates. When vacation, holidays or sick leave are used the employee will be charged based on actual time taken, calculated hour for hour. Holidays: In the event that a Friday off falls on a paid City holiday, the day would be accrued to be taken as a "floater" at a later date. These floaters would need be used as a day off prior to the end of the fiscal year. The use of the floater would be subject to Supervisor approval, just as is the current practice for leave time. Some cities choose to pay holidays falling on a 9-hour workday with pay for 9 hours, and those falling on 8-hour days are paid at 8 hours. Other cities choose to have employees' use one hour of banked leave accruals to complete the 9-hour pay. These cities also offer the option of working one extra hour within the same work week in which the holiday occurred. Staff will investigate both of these options and provide a recommendation in the final implementation report. -5 Other procedures and policies affected by 9/80 Agenda deadlines and posting of agendas for City Council, CDC, and Planning Commission would need to adjusted. Simple procedural changes implemented concurrently with a 9/80 schedule would accomplish these adjustments. Building security procedures would need to be adjusted. Currently the City Hall security system automatically locks and unlocks the doors at a certain hour. These hours would need to be adjusted to accommodate an earlier start time and later closing time for City Hall. Air conditioning and heating systems will also need to be reprogrammed to account for the Friday off. There are likely a variety of other small issues that will arise as the implementation plan is formed and these issues will be documented and addressed. -6- Attachment B Agency Encinitas Escondido Imperial Beach La Mesa San Marcos Vista Work Schedules - Cities in San Diego County � 'Extended Closed on Year 9/80 was ' public Alternate Plan Type Implemented !Work Schedule hours? Fridays? 1 19/80 2001 :7 a.m.- 6 p.m. Mon.- Fri. Yes Yes i7:30 am - 5:30 p.m. M- Thur.i i 9/80 1994 1& 7:30 a.m. to 5 p.m. on Fri. Yes 1Yes 7:30 am - 5:30 p.m. Mon. - 9/80 2001 Fri. Yes Yes 9/80 9/80 9/80 1992 1995 1996 7:30 am - 5:30 p.m. Mon. - Fri. Yes Yes 7:30 am - 5:30 p.m. Mon. - Fri. (open until 7 p.m. on Thurs) Yes Yes 7:30 am - 5:30 p.m. Mon. - Fri. Yes Yes Solana Beach Santee Carlsbad Coronado Lemon Grove Poway El Cajon Del Mar Chula Vista National City Oceanside 9/80 2001 7:30 am - 5:30 p.m. M - Thur. & 8 a.m. to 5 p.m. on Fri. Yes Yes Yes (half day each Friday) 9/80 9/80 9/80 rt 9/76.5 9/80 9/80 10/80 10/80 10/80 10/80 �2001 1991 2001 1992 1997 1997 8 a.m. - 5 p.m. Mon. - Thurs. & 8 a.m. - 1p.m. Fri. No 7:30 am - 5:30 p.m. M - Thur. & 8 a.m. to 5 p.m. on Fri. Yes 7:30 am - 5:30 p.m. M - Thur. & 8 a.m. to 5 p.m. on Fri. Yes No 8 a.m. - 5:30 p.m. Mon. - Fri. 7:30 am - 5:30 p.m. Mon. - Fri. 8 a.m. - 5 p.m. Mon. - Fri. 8 a.m. - 5 p.m. Mon. - Fri. 8 a.m. - 5 p.m. Mon. - Fri. 8 a.m. - 5 p.m. Mon. - Fri. Yes Yes No No No 0 No No No 8 a.m. - 4:30 p.m. Mon. - Fri No No 10/10/03 -7- 980survey Attachment C 9/80 - Timetable to implementation Completed Work: Initial research from San Diego County Cities currently on 9/80 Initial discussion with City Departments Initial consideration of operational changes needed to implement 9/80 Upcoming Work: Oct 2 Begin Draft of 9/80 Concept Memo for Council - (outline of general plan) Oct 10 First Draft Completed Oct 13,14 Review of Memo by MEA and Management Oct 15 Revise Memo as needed Oct 16 Memo submitted for Oct. 21 Council Meeting Agenda Oct 21 Council provides concept approval or disapproval on 9/80 work schedule Should Council not wish to pursue the 9/80 concept, work on this topic will end here. October 22 Work begins on detailed Implementation Plan for 9/80 The Implementation Plan will include all aspects of the 9/80 implementation including, but not limited to: 1. complete listing of all employee work schedules 2. listing of all City facilities and new hours 3. payroll issues - worlcweek/FLSA 4. agenda deadline/posting changes 5. building security issues - change in access times 6. complete plan for public information efforts leading up to the implementation 7. personnel rule changes dealing with payroll, timesheets, holidays, etc... 8. ongoing public notification efforts during 9/80 workweek 9. vendor/contractor notification efforts prior to implementation 10_ outline of changes needed to any other existing policies due to 9/80 11. changes to CDC schedule— if needed 12.? 13.? 14.? 15.? Oct. 22 thru Nov. 11 Management Review, Management & MEA collaboration on Implementation Plan details Nov. 12 Implementation Plan submitted for Nov. 18 agenda Nov. 18 Implementation plan goes before City Council Should Council have concerns/revisions these will be addressed and Implementation Plan will return to Council at the Dec. 2 meeting. This could delay the dates listed below by an undetermined amount of time. Should Council approve the Implementation Plan as is, implementation could begin as listed below. Tentative Implementation Schedule: Nov. 18 thru Jan. 12 Final organizational preparation and multilingual marketing campaign. Time has been allowed for working with outside groups (newspapers, chamber of commerce, etc..) and to meet a variety of press publication deadlines. January 32 9/80 hour, go into effect January 16 First Friday off nine eighty timeline.pub 9/28/n3 COPY ATTACHMENT D IMPLEMENTATION OF 9/80 WORK SCHEDULE (DEPARTMENT LEVEL) PROPOSAL Allow for the implementation of a 9/80-work schedule at the department level. 1. PURPOSE To propose a modification of the standard eight -hour day, ten-day pay work schedule (pay period) to a 9/80-work schedule. The modified workweek would improve services to the public and save natural resources. This schedule would save the city money on utility cost. The new schedule could be also considered an added benefit to the city's employees. 2. HOURS/DAYS OF WORK New hours and workweek as follows: A) Each work period (pay period) would consist of eight nine hour days and one eight - hour day for a total of eighty hours in a two -week period. A workweek under this schedule will consists of one week of thirty-six hours and one week of forty-four hours on an alternating basis. B) Police, Parks, library, and fire personnel under the M.E.A. shall also be allowed to work 9/80 schedule or flextime that would have the same results (alternating employees every other Friday). C) Departments that are using special schedules that have the same results or better work schedules (10/80 schedule) shall continue unchanged. D) Operation within the city hall shall be from 7:30 a.m. to 5:30 p.m. and public works will be 6:30 a.m. to 4:00 p.m. (non -administrative personnel). E) The Friday (dark day) that the city is closed shall coincide with other cities that have the similar 9/80 schedule. It would be the responsibility of the department director to develop the 9/80-work schedule for his/her department. The goal is to allow the employees to work a 9/80 schedule while providing adequate staffing to continue service to the public. 3. OVERTIME Overtime work is that time in excess of a normal work week (either thirty-six or forty- four hours) as requested and authorized by the Department Director or their designated representative, and shall be rounded off to the nearest '/ hours. Implementation of the 9/80 schedule by itself will not cause an increase in FLSA overtime. On -call pay shall be in accordance with Article II sec.(C), except that it shall included alternating Fridays (dark day) as on -call rates. 4. LEAVE TIME This schedule is not intended to cause a net change in the number of hours provided for sick, vacation or holiday leave. The number of scheduled work hours, which the employee is absent, shall be deducted from the appropriate leave accumulation (i.e. sick, floaters, vacation, compensatory, holiday, etc.) 5. HOLIDAYS If a fixed holiday should fall on an "off" (dark) day Friday, the employees would be granted an additional 8 hours vacation time or floating holiday time. Holidays that fall on or are observed on Mondays through Thursdays will be paid at the rate of 9 hours. Holidays that fall on a regular 8 hour Friday will be paid at 8 hours. 6. DISPUTES This policy established guidelines to the implementation of the 9/80. Although the policy is as specific as possible, the City and Miscellaneous Employee Association understands that there are aspects of such a schedule that cannot be fully anticipated and that the parties may have to discuss specifies as they arise. 7. IMPLEMENTATION The City and the Association wish to implement the 9/80-work schedule as soon as possible. AL:9/80 ETING DATE May 4, 2004 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 26 ITEM TITLE Discussion on Enhanced Communication regarding Public Meetings PREPARED BY Michael R. Dalla, C CDEPARTMENT City Clerk EXPLANATION During the last 18 months, there has been an ever increasing volume and pace of activity by the City Council and staff that has resulted in an increased need and interest in finding ways to improve how the City communicates infotniation about public meetings to the community. This report will review what is being done and explore some long and short term recommendations for enhancing communication about public meetings. Environmental Review Financial Statement N/A STAFF RECOMMENDATION N/A Approved BY: Finance Director Account No. Consider the information and recommendations and provide direction. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS € Li9ted Below N/A A-200 (9/99) ENHANCED COMMUNICATION / PUBLIC NOTICE Public Notice • What is required by law? • How do we measure up? — To the requirements — To what other Cities are doing • How can we do a better job? • What are the obstacles? • Recommendations Legal Requirements for Public Notice • Agendas must be posted at least: — 72 hours prior to a Regular Meeting, and — 24 hours prior to a Special Meeting, "in a place freely accessible to the public". How Do We Measure up to Legal Requirements? • Regular Meeting Agendas are posted 144 hours prior to a meeting. - on the 1st and 2nd floor of City Hall - on the City Web site • Regular and Special Meeting Agendas are emailed to those who request them. How Do We Measure up to Other Cities - Where Agenda's are Posted Three top Posting Sites • City Hall • Web Site • Library Actions that MUST be taken * Improve Posting Facilities at City Hall • Current Posting Sites are Inadequate — Messy Dangerous — Unprofessional Insufficient space — Hard to see / use Facility Challenges Actions that should be taken • Add Bulletin Boards and Kiosks at outlying City facilities. Recommendations • Direct necessary steps be taken to fund and improve Posting Facilities at City Hall • Commit to a proactive policy of community outreach and improved communication about Council Meetings • Post Meeting Notices at Other City Locations. — Library MLK Center All seniors facilities — Police Dept Parks Finance Dept lobby Recommendations • Email Meeting Agendas to Activity Centers — Churches — School Sites — Chamber of Commerce — Paradise Valley Hospital — Higher Education Center — Participating Commercial Outlets — Newspapers Recommendations • Email Meeting Agendas to Interested Community Leaders — Board & Commission members — Neighborhood Council Members — Neighborhood Watch Captains — Service Clubs — Interested citizens Recommendations • Place Meeting Agendas on all public counters were possible. • Explore possibility of kiosk at Plaza Bonita, Wal-Mart etc. • Promote City website and Agenda availability on all printed materials. .MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT May 6, 2004 AGENDA ITEM NO. 27 (-ITEM TITLE PREPARED BY EXPLANATION TEMPO) RY USE PERMIT — FERN STREET COMMUNITY ARTS- 6/7 CIRCUS DEPARTMENT Rosie Gutirz, 336-4210 Building and Safety This is a request from Fern Street Community Arts to host a non- animal, theatrical circus at Kimball Park on Sunday, May 9, 2004 from 2 p.m. until 5:30 p.m. This event consists of physical acts such as juggling, acrobats, tumbling, trampoline, trapeze, clowns and specialty acts. Snacks will be sold such as chips and snow cones. This is a free event to the community. 4 bleachers will be set-up around a 35' diameter ring. The set consists of the ring, a 30' high aerial rigging, a bandstand and backdrops. Per City Council Policy No. 704, events at Kimball Park must be scheduled at least 6 weeks apart and this event is only one week before the previously scheduled National City Literacy Celebration. The Parks Department approves of the event because it only lasts two hours. Per the Policy, the City Council can approve additional events that do not comply with the policy. The applicant is requesting a waiver of fees. The applicant and the event qualify for a waiver pursuant to City Council Policy No. 704. Financial Statement Approved By: The City has incurred $263.00 in costs in processing the T.U.P. application through Finance sPeeity Departments. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and grant the waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application For A Temporary Use Permit with recommended conditions of approval A-200 (9 99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: Fern Street Community Arts EVENT: Fern Street Circus DATE OF EVENT: May 9, 2004 TIME OF EVENT: 2:00 P.M. — 5:30 P.M. APPROVALS: PLANNING FIRE FINANCE PARKS & REC. CITY ATTORNEY ENGINEERING PUBLIC WORKS POLICE RISK MANAGER SPECIFIC Conditions of Approval: YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [ xl NO [ 1 SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS jx 1 FIRE (336-4550) 1. No Fire Department access shall be blocked at any time in any way. 2. No Fire Department connections, FDC's, fire hydrants, sprinkler risers, etc. shall be blocked. FINANCE (336-4330) 1. A Business License is required if monies are solicited, admittance charged or food, beverages or merchandise is sold. 2. Each vendor present on this event must have a separate business license. Vendors currently licensed by the City may operate on their existing license. 3. A list of all participating vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department prior to the event for verification of business license numbers. PARKS & REC. (336-4290) 1. Event will need electrical power. 2. There is a City policy that limits event in the parks to 6 weeks between special events. 3. Fern Street Circus will only be a one day event. RISK MANAGER (336-4240) 1. Provide minimum limits of one million dollars per occurrence of general liability insurance. 2. Name the City of National City and its officials, employees, agents and volunteers as additional insured on the policy. 3. Standard hold harmless signed (Done) CITY ATTORNEY (336-4220) 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insured, with amounts of coverage to be determined by the Risk Manager. v tJ 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 $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of nsurance must be atta hed this permit. Organization 'AmUi4l Person in Charge of Activity Address 1'4 ` !iOVaL Cl Telephone O l I L /� Datks) of Use C 1' HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation d p$her liability, including attorneys fees and the costs of litigation, arising out to the use of public property or the activity taken under the permit by rmitee or its agents, employees or contractors. Official Title ror Office Use Only Certificate of Insurance Approved Date 7 Type of Event: Public Concert Parade _ Motion Picture Fair _ Demonstration Grand Opening Event Title: Fer19 Street \ /'i geos Event Location: KILL Par 5-9- 04- to ,Lj-9" 04 Total Anticipated Attendance: Month/Day/Year Event Date(s): From Actual Event Hours: Festival X Circus Other 1:00 am irr to J 3v am/pm _ Community Event Block Pa*ILDING AR 15 2044 NAT/AN�5v �t cry cQclP ( Participants) ( Spectators) Setup/assembly/construction Date: 5-9- 0 Start time: I 00 W Y Please describe th scope of your setup/assembly work (specific details): C i 2G,6 o Of t s e Dismantle Date: 5.9 ' 0 Completion Time: : 30 am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day andF F time of closing and day and time of reopening., Sponsoring Organization: Chief Officer of Organization (Name) fiil t4X2. l). r Irr( 91i7) Applicant (Name): Or tI460.4 ) Address: 0I(/) N at\Or I, ( i CA- 9 95D Daytime Phone: (0 ) 414 G"I z'z, Evening Phone: hh2( ) � �` t9ZZ Fax: ((r.% ) i / 6 Contact Person "on site" day of the event: rl-1r Gi I� Email Nv1 1' I� zero Pager/Cellular: eATeG For Profit Not -for -Profit NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization?' YES NO Are admission, entry, vendor or participant fees required? _'YES NO If YES, please explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ �? Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information abut the event.01�? l LK� i Jq U� r (Co I rf S 5 ee • �i S Jaar oAS a04- C N 6161 o ((� �� r I t�IP� i lq �2 Gt acr- otivir> oe, Get{ r� S GRP ��; �� �� OVA (1 exf YES ? NiO 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 7 YES NO Does the event involve the sale or use of alcoholic beverages? YES N NO Will items or services be sold at the event? If yes, please describe: YES \, NO YES YES i NO YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: b Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. a Food Concession and/or Food Preparation areas Please describe how food will be served at the event: VVVV YV V V If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: Please describe your procedures for both Crowd �Cpontrol and Internal Sec rity: ktAN A-LIA i C C YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: YES Security Organization: Security Organization Address: Security Director (Name): Phone: NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please de cribe your Accessipility Plan for access at your event byyiiindi'iduals with djabilities: W (a r' key Please provide a detailed description of your PARKING plan: tkt Li- Lis 3 LCOC Please describe your plan for DISABLED PARKING: 4 Please des' event: ribe your plans to notify all residents, businesses and churches impacted by the 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: Type of Music: A YES- NO —Will sound amplification be used? If YES, please indicate: Start time: Z; 7 am�i Finish Time `V� am/€3 YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Number of Bands: Start time: :00 am/' Finish Time O am/ /� Please describe the sound equipment that will be used for your event: 4Lk&t0 5v 6 YES 6 NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 5 Event: For Office 'Ilse Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Ques ion 3. [M ii�l am of the sponsoring organizatio Type of Organization \ et till -2t4i (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? A 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 ( lease provide an explanation and details. No (Please proceed to Question 5) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. T 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; o (P lease sign the form and submit it with the TtlP A plication) natur MEETING DATE May 4, 2004 City of National City, California COUNCIL AGENDA STATEMENT 28 AGENDA ITEM NO. ITEM TITLE Notice of Decision — Planning Commission approval of a Conditional Use Permit for a wireless communications facility in Sweetwater Heights Centennial Park at 3820 Cagle Street (Applicant: Cingular Wireless) (Case File CUP-2004-3)PREPARED BY Roger G. Pont,s336-4310 DEPARTMENT Planning EXT. EXPLANATION The project is proposed in Sweetwater Heights Centennial Park, at 3820 Cagle Street. It is a public park and is zoned Civic Institutional -Open Space (IC -OS). The relatively flat parcel is steepest at its northeast comer, where the property slopes down to the northeast. The site contains playground equipment and a sand area near its eastern border, a half basketball court near its northem boundary, and a Sprint PCS wireless communications facility, which includes a 40 foot tall monopalm and a 336 square foot equipment shelter, at its northeast comer. Each area of the park is illuminated by one light pole. The property is landscaped with a healthy lawn and mature trees. The applicant proposes to install a wireless communications facility within a roughly 420 square foot lease area in the park. The proposal includes erecting a 55-foot tall monopine (artificial pine tree), with an array of 12 panel antennas, and constructing an underground equipment vault. Planning Commission held hearings on this item on March 15 and April 5, 2004. There was public testimony at the initial hearing from a neighbor concerned about vandalism and safety in the park centered around the existing wireless facility. The applicant offered to continue the hearing to address the issues. At the second hearing the applicant agreed with the conditions of approval and answered questions from the Planning Commission regarding potential vandalism to the new facility. No new public testimony was heard. The Planning Commission voted to approve the Conditional Use Permit, finding that the proposal would not adversely affect the park. the Upon final action on the CUP, the Engineering/Public Works Deportment will negotiate a lease with applicant. Environmental Review Financial Statement N/A STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. X N/A Categorical Exemption MIS Approval Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Ayes: Pruitt, Saludares, Alvarado, Flores, Baca, Graham, Carrillo. Absent: Martinelli, Reynolds ATTACHMENTS (Listed Below ) 1. Planning Commission Resolution No. 10-2004 2. Location Map Resolution No, 3. Photo simulations & site photo 4. Reduced site plan, elevations, details A-200 (Rev. 7/0 RESOLUTION 10-2004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY IN SWEETWATER HEIGHTS CENTENNIAL PARK AT 3820 CAGLE STREET APPLICANT: CINGULAR WIRELESS CASE FILE NO. CUP-2004-3 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a wireless communications facility in Sweetwater Heights Centennial Park at 3820 Cagle Street at a duly advertised public hearing held on March 15, 2004 and continued to the meeting of April 5, 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. CUP-2004-3, 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 March 15, 2004 and continued to April 5, 2004, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the small lease area (420 square feet) will have little effect on use of the 2.35 acre park. 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 unmanned wireless communications facility, requires only one to two visits each month for routine maintenance. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the 55-foot monopine, the only portion of the project that is above ground, will adequately screen the twelve panel antennas, and since some screening is provided by existing mature trees in the park. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the new facility will improve the performance of the Cingular Wireless wireless communications network, resulting in enhanced service for it's customers. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes a wireless communications facility at Sweetwater Heights Centennial Park. 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-2004-3, dated 3/24/2004. 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. The applicant shall obtain an approved lease agreement with the City of National City before any construction of the wireless facilities within the park. 4. No Fire Department access shall be blocked at any time. 5. The monopine and the exterior walls of any exposed equipment, to a height of not less than six feet, shall be treated with "Graffiti Melt Coating" manufactured by Genesis Coatings, Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 6 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. 7. All park property, including landscaping, paving, etc., damaged during construction, installation and maintenance of the wireless communications facility shall be replaced by the applicant. 8. All existing irrigation shall be moved or re-routed so that coverage to the existing lawn can be maintained during and after construction. 9. The proposed antennas shall be painted to match the color of the monopine needles. 10. The monopine needles shall be of appropriate size and number to adequately screen the proposed antennas. 11. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant or the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 12. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 13. Plans submitted for the equipment enclosure shall specify that itwill be of standard construction and not a modular building. 14. Service vehicles used in conjunction with the wireless facility shall be prohibited from driving on park property. All vehicles shall utilize public streets for access and parking. 15. HVAC ducting vents shall be designed in such a way as to ensure debris cannot be purposefully placed inside them. 16. Before this Conditional Use Permit shall become effective, the applicant 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. 17. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the National City 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 April 19, 2004, by the following vote: AYES: PRUITT, CARRILLO, SALUDARES, ALVARADO, FLORES, BACA, GRAHAM NAYS: ABSENT: MARTINELLI, REYNOLDS ABSTAIN: ftzaz 0 ®biftw 6L£ £OL£ ££9£ SZ9£ L69£ View from northern boundary of Sweetwater Heights Centennial Park showing view corridor as seen from 3354 Cagle Street. Proposed monopine is to be immediately to the left of the tall tree to the right of the picture. • Proposed 55 mortopine Proposed underground equipment vault with only hatch and ducts visibe witrEn proposed landscaped area Sifeetwater Heights Park National City, CA 91950 cingu ar WIRELESS NATIONAL CITY PLANNING DEPT. EXHIBIT B CASE FILE NO. CUP-2004-3 DATE: 3/24/2004 i - -,..-....- „..„_...... , ... * A ,.40 Mr' .4, -4:11 =. .. -'"-, ,:iglitat$.4 OtliPARTMEW li 1 POE tE.-", COrignItd:in;CO salte MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT MAY 4, 2004 29 AGENDA ITEM NO. SAN DIEGO COUNTY REGIONAL COMMUNICATION SYSTEM (RCS„ PRESENTATION PREPARED BY DAVID AW RE DEPARTMENT PENU PAUU, TR EXPLANATION POLICE SUPPORT SERVICES MANAGER ACTING CHIEF (i F POLICE NATIONAL CI POLICE )SSEPARTMENT An informational presentation on the current problems facing our communications system and the advantages for National City to join San Diego County Regional Communication System. Environmental Review N/A Financial Statement N/A Account No. STAFF RECOMMENDATION N/A BOARD !COMMISSION RECOMMENDATION N/A .eTTACHMENTS ( Listed Below ) 1. RCS Power Point Handouts Resolution No. A-2OO (9/f30) 0 Problems ® Current Radio system parts availability ® Notorious dead spots o Loss of communication o Advantages o Interoperability between different agencies o Newer technologies 0 Reduced replacement COSTS!! 0 24/7 Monitored Support 0 Community Public Safety Benefits REGIONAL COMMUNICATIONS SYSTEM (RCS) PROBLEMS o Installation of our current analog radio system-1993 o Dead communication areas throughout the city o Final Software release Q2 2003 o Availability of parts dependent 6809 Controller support ends Dec 2006. o July 2001 rolling blackouts burned up our 6809 controllers. o Local replacement and repair was not available o Heartland Fire, by chance, kept their old controllers which we used until ours were repaired by Motorola Depot. ® National City Police, Fire, Public Works, Parks and Recreation, Finance, Building, Engineering and CDC could have potentially been without communications for two weeks 1 o March 2004 Day Wireless sent one of our four channel boards to depot repair leaving us with only two send and receive channels for communications, resulting in many busy signals. o Notorious dead spots were tested with RCS portables with excellent results on their existing system. RCS Advantage o National City is the only local Law Enforcement and Fire Agency in San Diego County who are not part of the approximately 200 other RCS members. o Interoperability and security is essential in today's political climate o Ability to communicate easily with other agencies outside of National City city limits and across county borders. o Availability of more channels to expand our current wireless technology. o SmartZone technology links all parts of the county simulcast cells into one seamless, transparent network. o Continuous clear digital communication o Digital technology is clear with the ability to share bandwidth more efficiently. 2 o No additional infrastructure required. o Motorola projected replacement cost of our existing antiquated analog radio system with a new digital system=3.9M o Motorola/RCS projected cost=2.4M o Project time line estimated at 6-8 months depending on availability of Motorola Engineers o Better Public Safety service to the community o Clearer communications reduces repeat communications amongst ourselves and other agencies o This plan enables the City of National City to plan for a change instead of being forced to change due to a broken system RCS Payment Schedule for $887,714 Buy -In Starting 03/04 o Based on a interest rate of 5.56% 0 5 year $208,738 0 7 Year $157,048 0 10 Year $118,620 3 Motorola Hardware Payment Schedule o Based on $1,433,990.50 ® 5 Year $328,382.47 ©4.69% ® 7 Year $246,118.28 @4.81% ® 10 Year $186,520.86 @5.09% ® One year in Arrears CONCLUSION ® Do we want Better Communications? Yes ® Do we want everyone to feel safe? Yes ® Do we want a quick response from our public agencies? Yes ® Do we want to wait until we have NO communications system before we move to a newer radio system? NO 4 ITEM #30 5/4/04 MEMORANDUM City Manager's Office - National City DATE: May 4, 2004 TO: Honorable Mayor & Councilmembers Department Heads FROM: Park Morse, ACM RE: BUDGET UPDATE CC: Ryan, Ben Following is a brief update on where we are on budget preparation for the year that starts in July. We are currently working on revenue and expense data. The plan is to deliver a preliminary document to the City Council soon after Memorial Day. This year's budget will be built to look for as many approaches as we can to create budget flexibility for you. We anticipate needing to hold the line on the expenditure side at least with respect to ongoing expenditures. We are looking to capture ideas, needs and issues which the City Council has expressed interest in — including discussions that we had at the March Retreat. As we said in the budget message for the current year, possible State budget actions, the increasing rate of P.E.R.S. costs and the local economy will each have a significant impact on what we do. At this point we are targeting some of the Tuesdays' in June (specifically the 8th 15th and the 22"d) as possible budget workshop dates, during the day. You might also want to consider a Saturday workshop if you end up looking at multiple workshop days. Attached is a calendar you can mark-up as the dates become more firm. If there are questions or requests, please call Chris or me. file: BudgetUpdate042004.doc June Tentative Budget Planning Calendar — FY 04-05 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 4.- :., ... .._ ,..; :._ ,.. 9 10 11 12 13 14 15..,--1 4.3. Pq ? 16 17 18 19 20 21 , ,t. 4,1 :4 I" , .,. 23 24 25 26 27 28 29 30 Possible Council Hearings/Adoption 4/24/2004 11:04 AM file: CouncilBudgetUpdate042304.doc 2004