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2011 05-03 CC CDC AGENDA PKT
Agenda Of The Regular Meeting — National City City Council / Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting — Tuesday — May 3, 2011— 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 and Community Development Commission (CDC) 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/Executive Director any matter that you desire the City Council or Community Development Commission Board to consider. We thank you for your presence and wish you to know that we appreciate your involvement. ROLL CALL Pledge of Allegiance to the FIag by Mayor Ron Morrison Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission 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 (619) 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. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretation en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All CeII Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.natfonalcitvca.gov CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 5/3/2011- Page 2 PROCLAMATIONS 1. Proclaiming the month of May 2011 as: "NATIONAL BIKE MONTH" 2. Proclaiming the week of May 1, 2011 through May 7, 2011 as: "YOUTH WEEK" 3. Proclaiming May 4, 2011 as: "LAW ENFORCEMENT OFFICERS' MEMORIAL DAY" 4. Proclaiming May 17, 2011 as: "NATIONAL MARITIME DAY" PRESENTATIONS 5. Presentation to Mayor and City Council in recognition of the success of the Marina Gateway Community Revitalization Project. (Redevelopment) 6. Presentation - Peace Officer of the Year Award to Corporal Daniel Nagle INTERVIEWS/APPOINTMENTS 7. Interviews and Appointments: Various Boards & Commissions (City Clerk) CITY COUNCIL 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. 8. Approval of the Minutes of the City Council/Community Development Commission Regular Meetings of March 15, 2011 and April 19, 2011. (City Clerk) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 5/3/2011- Page 3 CONSENT CALENDAR (cont.) 9. Resolution of the City Council of the City of National City authorizing the Mayor to execute Amendment No. 1 for a one year extension to the SANDAG TransNet Smart Growth Incentive Program Grant (SGIP) Agreement No. 5001347 for the 8th Street Corridor Smart Growth Revitalization Project. (Development Services/Engineering) 10. Resolution of the City Council of the City of National City accepting the final work for the National City Street Resurfacing project (FY2010-2011) from ATP General Engineering with the final amount of $2,843,844.49, ratifying the filed Notice of Completion with the County Recorder and authorizing the release of remaining retention in the amount of $142,192.22. (Funding is through Gas Tax) (Development Services/Engineering) 11. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Indemnification Letter to the Bonita Highlands Homeowners Association (BHHOA) agreeing to hold harmless BHHOA in connection with joint training exercises with the Chula Vista Fire Department to be conducted on BHHOA property at no cost to the City. (Fire) 12. WARRANT REGISTER #38 Warrant Register #38 for the period of 03/16/11 through 03/22/11 in the amount of $1,591,551.34. (Finance) 13. WARRANT REGISTER #39 Warrant Register #39 for the period of 03/23/11 through 03/29/11 in the amount of $513,763.00. (Finance) PUBLIC HEARING 14. Public Hearing — Conditional Use Permit for a wireless communication facility at 2005 Highland Avenue. (Applicant AT&T) (Case File 2010-31 CUP) (Development Services/Planning) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 5/3/2011- Page 4 PUBLIC HEARING (Cont.) 15. Public Hearing on the 2011-2012 Annual Action Plan for the United States Department of Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Programs that includes a reallocation of $476,988 in unexpended CDBG funds, $38,325 in CDBG Program income, and $75,167 in HOME Program income. (Community Development/Housing and Grants) **Companion Item #16** NON CONSENT RESOLUTIONS 16. Resolution of the City Council of the City of National City authorizing the reallocation of $476,988 in unexpended Community Development Block Grant (CDBG) entitlement funds, $38,325 in CDBG Program income, and $75,167 in Home Investment Partnerships (HOME) Program income, and authorizing the submission of the 2011-2012 Annual Action Plan to the United States Department of Housing and Urban Development (HUD). (Community Development/Housing and Grants) **Companion Item #15** 17. Resolution of the City Council of the City of National City to grant another designated period for two years additional services credit consistent with the provisions of the City Council approved Employee Voluntary Separation Program. (Human Resources) 18. Resolution of the City Council of the City of National City authorizing the conversion of F Avenue and E. 28th Street adjacent to Sweetwater High School to a one-way route (southbound to eastbound) with improvements to student drop-off/pick-up and parking. (Traffic Safety Committee Item No. 2011-7) (Development Services/Engineering) 19. Resolution of the City Council of the City of National City approving the revision of City Council Policy #801 regarding "Recreational Field and Sports Facility Rules and Regulations," to incorporate the new multi -use sports/athletic field at El Toyon Park. (Community Services) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 5/3/2011- Page 5 NEW BUSINESS 20. Response to request by City Council to provide information regarding feral cats, related municipal codes, and animal shelter costs. **Continued from Council meeting of 4/5/11 ** 21. Report on pawnshops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals. (City Manager) **Continued from Council Meeting of 4/5/11 ** 22. Authorizing the issuance of a Request for Proposals (RFP) for towing and impound services for the City of National City. (Police / City Attorney / City Manager) 23. Request from Sweetwater High School to use Martin Luther King Jr. Community Center (north room) for their Senior Scholarship Assembly on Wednesday, May 25, 2011 from 4:00 pm — 9:00 pm. Applicant anticipates approximately 150 attendees, and the event is open to the public. Applicant is requesting a fee waiver. (Community Services) 24. Request from SANDAG to use Martin Luther King Jr. Community Center (north room) for a Public Hearing/workshop regarding their 2050 Regional Transportation Plan on Monday, June 13, 2011 from 2:00 pm — 9:00 pm. Applicant anticipates approximately 150-200 attendees, and the event is open to the public. Applicant is requesting a fee waiver. (Community Services) 25. Notice of Decision — Planning Commission approval of a Conditional Use Permit for the sale of beer and wine at a proposed convenience store at 151 North Highland Avenue. (Applicant 7-Eleven) (Case File 2011-08 CUP) (Development Services/Planning) 26. Notice of Decision — Planning Commission approval of a Conditional Use Permit for the sale of beer and wine at Rincon del Mar Restaurant at 314 Highland Ave. (Applicant Jose Lopez) (Case File 2011-09 CUP) (Development Services/Planning) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 5/3/2011- Page 6 NEW BUSINESS (Cont.) 27. Notice of Decision — Planning Commission approval of a Conditional Use Permit for the sale of beer and wine at Bistro City Restaurant at 1819 East Plaza Blvd. (Applicant Shihui Li) (Case File 2010-37 CUP) (Development Services/Planning) 28. Preliminary Budget Update. (City Manager) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 29. Authorize the reimbursement of Community Development Commission expenditures in the amount of $165,395.72 to the City of National City for the period of 03/16/11 through 03/22/11. (Finance) 30. Authorize the reimbursement of Community Development Commission expenditures in the amount of $11,382.37 to the City of National City for the . period of 03/23/11 through 03/29/11. (Finance) NEW BUSINESS 31. Report - Five -Year Implementation Plan: Abstention of Members of the Community Development Commission (CDC) Board; Legally Required Participation. (City Attorney) STAFF REPORTS 32. Closed Session Report. (City Attorney) MAYOR AND CITY COUNCIL ADJOURNMENT Regular City Council and Community Development Commission Meeting — Tuesday — May 17, 2011 — 6:00 p.m. - Council Chambers — National City, California. ITEM #1 5/3/11 "• T ijek. " ITEM #2 5/3/11 I'I#3 5/3/11 ITEM #4 5/3/11 CITY OF NATIONAL CITY, CALIFORNIA CITY COUNCIL AGENDA STATEMENT MEETING DATE: May 3, 2011 AGENDA ITEM NO. 5 EM TITLE: presentation to the City Council in recognition of the success of the Marina Gateway Community Revitalization Project.. PREPARED BY: Patricia Beard PHONE: 4255 DEPARTMENT: +, -velop ent APPROVED BY: EXPLANATION: Staff would like to commemorate the City Council's leadership in completing the Marina Gateway Community Revitalization project with a brief presentation. In attendance will be the development partners, former Council Member and Port Commissioner Jess VanDeventer and Port Commissioner Robert "Dukie" Valderrama. FINANCIAL STATEMENT: ACCOUNT NO. Not applicable. ENVIRONMENTAL REVIEW: Not applicable, ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: Finance STAFF RECOMMENDATION: BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Presents this Certificate to CORPORAL DANIEL NAGLE "Peace Officer of the Year" Recognizing Excellence in San Diego County Law Enforcement In appreciation and recognition for your Outstanding Community Service, Dedication and Contributions in the field of Law Enforcement We hereunto set our hands and affix the official seal This 3`d day of May, 2011 MAYOR RON MORRISON Alejandra Sotelo-Solis Luis Natividad Vice Mayor Councilmember Mona Rios Rosalie G. Zarate Councilmember Councilwoman CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 3, 2011 AGENDA ITEM NO.17 EM TITLE: Interviews and Appointments: Various Boards & Commissions PREPARED BY: Michael R. Dalla DEPARTMENT: City C' rk PHONE: 619-336-4226 APPROVED BY: d, EXPLANATION: On February 1st and March 1st, the City Council made appointments to several local and regional Boards & Committees. City Council action is still needed to address the remaining expired terms and vacancies on the Public Art Committee, Community and Police Relations Commission (CPRC) and the Sweetwater Authority. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance STAFF RECOMMENDATION: Take action to re -appoint or appoint members. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: imary of vacancies and expired terms APPLICATION SUMMARY ART / CPRC / SW AUTHORITY SWEETWATER ART AUTHORITY CPRC Request Applicants Interviewed Re -Appoint Vacancies Exp term 0 0 2 2 1 0 Ron Morrison na Ted Muehleisen Y Yes 1 Roberto Griffin Y 1 x Darryl Gorham Y 1 x x Ken Seaton-Msemaji Y 1 x Jess Van Deventer Y 1 Leslie Coyote Y 1 Frank Bueno Y Yes 1 Christina Chacon Y Yes 1 William Ramsey Y 1 Vener Yambao Y 1 Pearl Quinones Y x 1 Ditas Yamane Y 1 1 = First Choice x = Willing to serve 1 REGIONAL BOARDS AND COMMITTEES SWEETWATER AUTHORITY Appointing Authority: Mayor with approval of City Council Current Representatives Appointed Term Expires Interviewed Ron Morrison 12-19-2006 12-31-2010 NA Ted Muehleisen** 05-19-2009 12-31-2010 Yes **requests reappointment Applicants Jess Van Deventer Yes Darryl G. Gorham Yes Roberto Griffin Yes Kenold Seaton-Msemaji Yes a ART COMMITTEE Appointing Authority Members: Length of Term: Terms Expire: Meetings are held: Staffing Provided by: Mayor with approval of City Council 5 (non-residents may apply) 3 years September 30th Quarterly Community Services Current Status: In 2009 the City Council approved reducing the Art Committee from seven (7) members to five (5). The reduction was to be effective in June of 2010. There is one (1) position remaining to be filled and two (2) incumbents requesting re- appointment. Current Members Frank Bueno Christina Chacon Paul Ecdao William Virchis Manuel Cavada Carolyn St Clair New Applicants William G. Ramsey Darryl Gorham Pearl Quinones Vener Yambao Request Re-app Yes Yes Appoint Term Interviewed Date Expires Yes 05-19-09 07-20-10 Yes 07-20-04 07-20-10 Term is current 05-19-09 09-30-13 Term is current 07-20-04 09-30-13 Term is current 07-20-04 09-30-13 Term is current 02-01-11 09-30-13 Yes Yes Yes Yes 3 COMMUNITY AND POLICE RELATIONS COMMISSION (CPRC) Appointing Authority Mayor with approval of City Council Members: 8 (7 voting / 5 residents and 2 non-residents) Length of Term: 3 years Terms expire: March 31st Meets: 4 times per year Staffing Provided by: Community Services Current Status: There are TWO (2) vacancies on the CPRC. Both are `Resident Voting Members'. Request Appoint Term Current Members Re-app Interviewed Date Expires VACANCY 03-31-13 VACANCY 03-31-12 Frank Lopez Term is current 02-01-11 03-31-14 Louise Brance Term is current 05-19-09 03-31-12 James Brewer Term is current 02-01-11 03-31-14 Nancy Estolano Term is current 05-19-09 03-31-12 Daniel Serrano Term is current 05-19-09 03-31-13 William Phillips Term is current 05-16-06 TBD Applicants Interviewed Leslie Coyote Yes Pearl Quinones Yes Ditas Yamane Yes Darryl Gorham Yes Roberto Griffin Yes Ken Seaton-Msemaji Yes ITEM #8 5/3/11 APPROVAL OF THE MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETINGS OF MARCH 15, 2011 AND APRIL 19, 2011. (CITY CLERK) CITY OF NATIONAL an; CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 3, 2011 AGENDA ITEM NO. 9 EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute Amendment No. 1 for a one year extension to the SANDAG TransNet Smart Growth Incentive Program Grant (SGIP) Agreement No. 5001347 for the 8th Street Corridor Smart Growth Revitalization Project PREPARED BY: Stephen Manganiello, Traffic Engineer PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Development Services / APPROVED BY: E,1 Q,1 FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: No financial impact with the extension of this Agreement for one year. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: dim Afr-p Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: xplanation esolution 3. Amendment No. 1 to Grant Agreement Explanation On January 19, 2010, per Resolution No. 2010-13, City Council authorized the Mayor to execute a TransNet Smart Growth Incentive Program Grant Agreement (No. 5001347) with SANDAG in the amount of $2 million for the 8th Street Corridor Smart Growth Revitalization Project. The project includes traffic calming and streetscape improvements along 8tn Street from Harbor Drive to D Avenue to enhance safety and access for pedestrians, improve connectivity and walkability to the 8th Street Trolley Station, reduce vehicle speeds, and revitalize the corridor to encourage Smart Growth Redevelopment. The project will be extended to Highland Avenue via a Safe Routes to School grant. A significant portion of the project, which is funded by Rule 20A, involves undergrounding the overhead utilities on 8th Street between National City Boulevard and Highland Avenue. In order to accommodate final design and construction staff requested a 1 year extension from SANDAG, which will be approved upon execution of Amendment No. 1 to the grant agreement. Therefore, staff requests City Council approval and authorization for the Mayor to execute Amendment No. 1 to the grant agreement. RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 FOR A ONE-YEAR EXTENSION TO SANDAG TRANSNET SMART GROWTH INCENTIVE PROGRAM GRANT AGREEMENT NO. 5001347 FOR THE 8TH STREET CORRIDOR SMART GROWTH REVITALIZATION PROJECT WHEREAS, on January 19, 2010, the City Council adopted Resolution No. 2010- 13 authorizing the Mayor to execute TransNet Smart Growth Incentive Program Grant Agreement No. 5001347 with SANDAG for the 8th Street Corridor Smart Growth Revitalization Project (the "Project"); and WHEREAS, the Project includes traffic calming and streetscape improvements along 8th Street from Harbor Drive to D Avenue to enhance safety and access for pedestrians, improve connectivity and walkability to the 8th Street Trolley Station, reduce vehicle speeds, and revitalize the corridor to encourage Smart Growth Redevelopment; and WHEREAS, a significant portion of the Project, which is funded by Rule 20A, involves undergrounding the overhead utilities on 8th Street between National City Boulevard and Highland Avenue; and WHEREAS, to accommodate the final design and construction, a one-year extension to February 28, 2013, is necessary. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Amendment No. 1 to SANDAG TransNet Smart Growth Incentive Program Grant Agreement No. 5001347 for a one-year extension to February 28, 2013, for the final design and construction of the 8th Street Corridor Smart Growth Revitalization Project. PASSED and ADOPTED this 3rd day of May, 2011. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Amendment No. 1 to SANDAG Agreement No. 5001347 1. Amendment Summary Contract No.: 5001347 Amendment No: 1 Consultant: City of National City Work Description: Eighth Street Corridor Smart Growth Revitalization A. This Amendment Only (Revisions) B. Original Agreement D. Revised (Total) Amended Agreement Revisions to: i Choose One Below Amount: $2,000,000 End Date: 2/28/12 C. Current Agreement* Amount: $2,000,000 End Date: 2/28/12 % Over Original Amount: (D-B)/B% Amount: $2,000,000 End Date: 2/28/13 ® Terms & Conditions (T&C) ® Scope I Scope of Work (SOW) ❑ Both (T&C) and (SOW) Max- Amt. Amount: $tist Amount 6 Exp. Date End Date: 2/28/13 This includes original agreement and all previously approved amendments II. Standard Provisions A. Under the Agreement identified by the Contract Number in Article 1 and any previous amendments thereto (referred to herein as "Agreement") between San Diego Association of Governments ("SANDAG") and Contractor/Consultant identified in Article I of this Amendment (referred to herein as "Consultant"), Consultant provides brief work description, as shown in Article I, to SANDAG. Consultant shall remain bound to the terms of the Agreement, except to the extent the terms of this Amendment conflict with the Agreement or a previous amendment, in which case this Amendment shall supersede. Nothing in this Amendment relieves the Consultant of its obligation to perform as required by the Agreement or any previous amendment unless expressly stated herein. 111. Agreement Revisions (See Article LA — Amendment Summary, if applicable) A. Scope of Work If the Scope box is not selected in Article I.A, there shall be no change to the scope of the Agreement. If the Scope box is selected in Article LA, SANDAG and Consultant agree that the scope of work shall be amended as summarized in Article LA If applicable, these revisions are described as shown in Attachment A to this Amendment. B. Costs If the Maximum Amount box is not selected in Article LA, there shall be no change to the maximum amount of the Agreement_ If the Maximum Amount box is selected in Article LA, then: 1. SANDAG and Consultant agree that the maximum amount of the Agreement shall be revised. The revised maximum amount is summarized in Article I.A. If applicable, the revised payment amounts are shown in Attachment B to this Amendment. 2. The total amount payable under this Agreement shall not exceed the amount shown in Article LD., which includes both the Agreement and this Amendment's revision. Page 1 of 2 1 C-70715 — Rev 061009 Agreement No.: 5001347 Amendment No.: 1 C. Schedule of Services/Milestones/Deliverables If the Expiration box is not selected in Article I.A, there shall be no change to the termination date of the Agreement. If the Schedule box is selected in Article I.A, SANDAG and Consultant agree that the termination date and/or schedule of this Agreement shall be revised and the termination date Identified as "End Date" in Article l_D, shall be the termination date. Consultant shall not be paid for work performed after the termination date. If applicable, the revised project schedule is as shown in Attachment C to this Amendment. IV. Signatures This Amendment may be executed and delivered by facsimile signature and a facsimile signature shall be treated as an original. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Amendment. IN WITNESS WHEREOF, this Amendment has been executed under the provisions of the Agreement between SANDAG and Consultant. By signing below, the parties hereto agree that all terms and conditions of this Amendment and the Agreement and any previous amendments shall be in full force and effect The persons below assert that they are authorized to execute this Amendment and have executed it effective as of this day of 2011. SAN DIEGO ASSOCIATION OF GOVERNMENTS CITY OF NATIONAL CITY GARY L GALLEGOS Date RON MORRISON Executive Director Mayor Approved as to form and legality: Attachments: • Scope of Work (Attachment A) ❑ Payments (Attachment A) • Schedule (Attachment A) Date Office Of General Counsel Date ❑ No Attachments Page 2 of 2 2 C-70715 - Rev 061009 ATTACHMENT A TO AMENDMENT NO. 1 TO SANDAG AGREEMENT NO. 5001347 Attachment A is hereby amended to extend the completion date of the project by twelve (12) months from 2/28/12 to 2/28/13. The project schedule extension and the revised construction contract award dates (Tasks 5a and 9) do not cause the Grantee to miss a milestone in the "Use -It -or -Lose -It" policy (Attachment B to the Agreement). However, any further project schedule extensions would exceed the maximum allowable under "Use -It -or -lose -It" policy Section 2.1 and must be approved by the Regional Planning Committee_ The Scope of Work is hereby amended with the addition of "Task 5a. Award Construction Contract for Phase 1" and modified dates for Tasks 2 & 4 through 10. Justification: • Task 2 (utility undergrounding) required more time than anticipated. The utility undergrounding construction plans prepared by SDG&E (Task 2) were insufficient for bidding purposes. City staff executed a change order to have consultant prepare more comprehensive plans • This delayed award of a construction contract for Phase 1 (Task 5a). For Section 5 (PAYMENT), REVISE by the addition of subsection (C)(9) to read as follows: "Expended allowable indirect costs, including overhead, only if the Grantee has an approved indirect cost allocation plan and prior written approval has been obtained from SANDAG." C-70715 — Rev 032808 3 REVISED SCOPE OF WORK, PROJECT BUDGET, AND PROJECT SCHEDULE -ORIGINAL DATES SHOWN IN STRIKETHROUGH Task Deliverables Start Date Completion Date SANDAG Funds Matching Funds Total 1. Execute grant agreement Grant agreement July 2009 i January 2010 2. Prepare construction plans for utility undergrounding (SDG&E) 100% plans January 2010 June 2010 August 2011 3. Prepare construction plans for remaining project improvements (50%) 50% plans March 2010 July 2010 $120,000 $120,000 4. Conduct public workshop Meeting notification & summaries October 2010 AAay 2 4.0 October 2010 $5,000 $5,000 5a, Award Construction Contract for Phase 1 City council resolution August 2011 NEW September 2011 5b. Utility undergrounding construction Notice of completion October 2011 February 2011 $1,000,000 $1,000,000 May 2012 6. Public presentation (Phases 1 & 2) Meeting notification & summaries July 2010 August 2019 September 2011 $5,000 $5,000 7. Prepare construction plans & specs for remaining project improvements (90%) 90% plans & specs August 2010 December 2010 $120,000 $120,000 August 2011 8. Prepare construction plans & specs for remaining project improvements (100%) 9, Award construction contract for Phase 2 100% plans & specs City council resolution September February 2010 2011 December 2011 November 2011 April 2011 December 2011 $45,000 $5,000 $45,000 $5,000 10. Construction for remaining project improvements Notice of completion February 2012 February 2012 February 2013 $2,000,000 $200,000 $ 2, 200, 000 TOTAL $2,000,000 $1,500,000 $3,500,000 C-70715 — Rev 032805 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 3, 2011 AGENDA ITEM NO. 10 =M TITLE: Resolution of the City Council of National City accepting the final work for the National City Street Resurfacing project (FY 2010-2011) from ATP General Engineering with the final amount of $2,843,844.49, ratifying the filed Notice of Completion with the County Recorder and authorizing the release of remaining retention in the amount of $142,192.22 (Funding is through Gas Tax). PREPARED BY: Din Daneshf PHONE: 619-336-4387 EXPLANATION: See attached. DEPARTMENT: DSD APPROVED • FINANCIAL STATEMENT: APPROVED: A (41" Finance ACCOUNT NO. /69 -bog - S°o- 618'(2°35 APPROVED: MIS The project is funded by Gas Tax Fund. The 5% retention in the amount of $142,192.22 will be released as scheduled from the existing Purchase Order Number 74182. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: esolution 2. Final Contract Balance Form 3. Recorded Notice of Completion EXPLANATION: On August 3, 2010 a contract was awarded to ATP General Engineering for the total construction cost of $2,918,289.57 to perform the City of National City's Street Resurfacing Project consists of the repair of bituminous pavements in various locations within the City of National City by removing and replacing damaged asphalt, possible replacement of unsuitable sub - grade, if found, placement of Type II asphalt slurry, asphalt overlay with asphalt rubber hot mix, replacement of curbs, gutters, sidewalk, crosswalks, pedestrian ramps, alley apron, striping, legends, signs, and traffic loops. A final inspection was conducted and the completed work was found to be in accordance with the approved plans and specifications. On April 6, 2011 the contractor submitted all the final contract documents for project acceptance and closure. It is recommended that the work be accepted in the total final contract amount of $2,843,844.49. The purpose of the attached final contract balance report is to finalize the contract quantities and construction completion time. With the total final cost, the construction was completed under the original contract amount by $74,445.08. RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK PERFORMED BY ATP GENERAL ENGINEERING FOR THE TOTAL FINAL AMOUNT OF $2,843,844.49, RATIFYING THE NOTICE OF COMPLETION FILED WITH THE COUNTY RECORDER ON MARCH 22, 2011, AND AUTHORIZING THE RELEASE OF THE REMAINING RETENTION IN THE AMOUNT OF $142,192.22 FOR THE NATIONAL CITY STREET RESURFACING PROJECT BE IT RESOLVED by the City Council of the City of National City as follows: It appearing to the satisfaction of the Engineering Division of the Development Services Department that all work required to be done by ATP General Engineering for the total final amount of $2,843,844.49, for the National City Street Resurfacing Project has been completed, the City Council of National City hereby accepts said work, ratifies the Notice of Completion filed with the County Recorder on March 22, 2011, and orders that payment for said work be made in accordance with said contract, including release of the remaining retention in the amount of $142,192.22. PASSED and ADOPTED this 3rd day of May, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney •'-LL CALIFORNIA -, NATIONAL CITIF INCORPORA'F ) FINAL CONTRACT BALANCE DATE: March 15, 2011 PROJECT: National City Street Resurfacing Project FY 10-11, Specification No. 10-01 TO: ATP General Engineering Contractors, Inc. Mr_ Donald L. Daley III 187 Mace Street Chula Vista, CA 91911 ORIGINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: ORIGINAL CONTRACT LENGTH: EXTENTION OF WORK DAYS: TOTAL CONTRACT TIME: DESCRIPTION: $2,918,289.57 August 10, 2010 March 15, 2011 (includes downtime due to multiple change orders, correctional work, clean-up, inspection, and document delays) 70 working days 7 working days 77 working days This Final Contract Balance reports final line item amounts and summarizes all change order to produce a final contract amount. Please see attached Contract Final Balance sheet. DISCUSSION: Change Orders and line item adjustments: Change Order #1 added Bay Marina Drive from Tidelands to Cleveland, 16th Street from National City Boulevard to D Avenue, and on D Avenue from 8`h Street to 9th Street to the Resurfacing project and extended contract line items such as cold milling, asphalt overlay, asphalt dig -outs, removal of unsuitable sub -grade, crack filling, weed abatement, removal and replacement of sidewalk, curb and gutter, and pedestrian ramps, raising of manhole covers, installation of traffic loops, and installation of traffic striping and markings_ All of the work for this change order was paid as an extension of line item for each item of work as described below. 1 FINAL CONTRACT BALANCE National City Street Resurfacing Project FY 10-11 Specification No. 10-01 Change Order #2 added additional striping, crosswalks and signage for 8`1' Street and other locations to the contract as recommended by the City Traffic Engineer. All of the work for this change order was paid as an extension of line the item for each item of work as described below. Change Order #3 was subtracted from the contract in an amount of ($8,373.57). This Change Order was for the installation of two additional speed humps on M Avenue at a price of $3,537.40. The Change Order was also for a 15% reduction in payment price as an offset for the low -compaction results for asphalt placed at 16th Street from National City Boulevard to D Avenue and on D Avenue from 8th Street to 9th Street, and for the Contractor to provide an additional one-year warranty, for a total of a two-year warranty for those sections of asphalt frotn the date of acceptance by the City. The total reduction in price for the low -compaction results was ($11,910.97) for a net reduction of ($8,373.57). Line Item Change No. 2 was for the increase in Cold Milling required for the additional streets identified in Change Order No. 1. The increase was 38,795 square feet of Cold Milling in the amount of $8,534.90 Line Item Change No. 3 was for the increase in Asphalt (Hot Rubber Mix) required for the additional streets identified in Change Order No. 1. The increase was 836.57 tons of Asphalt (Hot Rubber Mix) in the amount of S83,113.23. Line Item Change No. 4 was for the decrease in Type It Slurry for work not performed by the contractor as a result of Engineer's determination that such work was not required. The base line item amount was decreased by $12,313.60. Line Item Change No. 5 was for the decrease in 6" Asphalt Concrete Dig -outs and Replacement for work not performed by the Contractor as a result of Engineer's determination that such work was not required. The base line item was decreased by $30,442.63 _ Line Item Change No. 6 was for the decrease in 2"-4" Asphalt Concrete Dig -out and Replacement for work not performed by the Contractor as a result of Engineer's determination that such work was not required_ The base line item was decreased by $144,321.58_ Line Item Change No. 7 was for the decrease in Remove Unsuitable Sub -Grade and Replace with CMB and Geo-fabric for work not performed by the Contractor as a result of Engineer's determination that such work was not required. The base line item was decreased by $28,078.77_ 2 of4 2 FINAL CONTRACT BALANCE National City Street Resurfacing Project FY 10-1 1 Specification No. 10-01 Line Item Change No. 8 was for the increase in Crack Filling/Weed Abatement required for the additional streets identified in Change Order No. 1. The increase was 12,633.22 square yards of Crack Filling/Weed Abatement in the amount of $3,53730. Line Item Change No. 9 was for the increase in Removal and Replacement of 4" PCC Sidewalk required for the additional streets identified in Change Order No. 1. The increase was 4,611.50 square feet of Removal and Replacement of 4" PCC Sidewalk in the amount of $26,977.28. Line Item Change No_ 10 was for the increase in Curb and Gutter, G-2 Modified required fix the additional streets identified in Change Order No. I. The increase was 1,138.50 lineal feet of Curb and Gutter, G-2 Modified in the amount of $37,058.18. Line Item Change No. 11 was for the increase in PCC Drive Way required for the additional streets identified in Change Order No_ 1. The increase was 1,352.00 square feet of PCC Drive Way in the amount oC$14,534.00. Line Item Change No. 12 was for the increase in Alley Apron required for the additional streets identified in Change Order No_ 1. The increase was 20 square feet of Alley Apron in the amount of $1,760.00. line Item Change No. 13 was for the increase in Cross Gutter required for the additional streets identified in Change Order No. I. The increase was 1,368.75 square feet of Cross Gutter in the amount of $20,668.13. Line Item Change No. 14 was for the decrease in Pedestrian Ramps for work not performed by the Contractor as a result of Engineer's determination that such work was not required. The base line item was decreased by $72,960.00. Line Item Change No. 16 was for the decrease in Raising Survey Monument Covers for work not performed by the Contractor as a result of Engineer's determination that such work was not required. The base line item was decreased by $2,502.00. Line Item Change No_ 17 was for the increase in Traffic Loops required for the additional streets identified in Change Order No_ 1. The increase was 32 Traffic Loops in the amount of $10,003.20. Line Item Change No. 18 was for the increase in Traffic Striping Removal and Replacement required for the additional streets identified in Change Order Nos. 1 and 2. The increase was in the amount of $30,060.87. Line Item Change No. 20 was for the decrease in Tree removals/stumping for work not performed by the Contractor as a result of Engineer's determination that such work was not required. The base line item was decreased by $11,700.00. 3 of 4 3 FINAL CONTRACT BALANCE National City Street Resurfacing Project FY 10-11 Specification No. 10-01 Therefore, the construction bid price of $2,918,289.57 was decreased by $74,445.08 due to said actual construction change orders and the net balance of line item changes resulting in a final construction cost of $2,843,844.49. CONTRACT ADJUSTMENT: As a result of the above change orders, the contract price is adjusted as follows: 1. The final contract price to date is adjusted to $2,843,844.49. 2. As a result of the satisfactory completion of said project, a retention amount of $142,192.22 is set for invoice processing and payment upon the receipt of required signatures and City Council's ratification of this agreement and the Notice of Completion. This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, tabor, tools and equipment, profit, overhead, and all incidentals for performing the work described above_ ATP Engineering Contractors, Inc. will not be entitled to damages or additional payment for delays as described in the 2010 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. 4of4 4 CA_.. _RNIA • NATIONAL, Curl" rNconpoRA'1'E9 STREET RESURFACING FY10.11 Specification #10.01 FINAL CONTRACT BALANCE, Attachment "A" No. Line Items Unit Bid Qty Unit Price Bid Amount Actual Qty Unit Price Actual Amount Delta Mobilization LS 1 81,000.00 81,000.00 1 81,000.00 81,000.00 - 2 Cold Milling SF 185,652 0.22 40,843.44 224447 0,22 49,378.34 8,534.90 3 Asphalt (Rubber Hot Mix) TON 7,432 99.35 738,369,20 8268,57 99.35 821,482.43 83,113.23 4 Type II Slurry SY 34,886 2,08 72,562.88 28966 2.08 60,249,28 (12,313,60) (30,442.63) (144,321.58) (28,078.77) 5 2"-4" Asphalt Concrete Dig -out and Replacement TON 4,200 95.30 400,260.00 3880.56 95.30 369,817.37 744,025.42 2,571.23 6 6" Asphalt Concrete Dig -outs and Replacement TON 9,635 92.20 888,347.00 8069.69 92.20 7 Remove Unsuitable Sub -Grade and Replace with CMB and Geo-fabric TON 1,000 30.65 30,650.00 83.89 30.65 8 Crack Filling/Weed Abatement SY 120,685 0.28 33,791.80 133318.22 0.28 37,329.10 3,537.30 9 4" PCC Sidewalk SF 9,696 5.85 56,721.60 14307.5 5.85 83,698.88 26,977.28 10 Curb and Gutter, G-2 Modified LF 1,348 32.55 43,877.40 2486.5 32.55 80,935.58 37,058.18 11 PCC Drive Way SF 3,681 10.75 39,570.75 5033 10.75 54,104.75 14,534.00 12 Alley Apron SF 140 88.00 12,320,00 160 88.00 14,080.00 1,760.00 13 Cross Gutter SF 3,766 15.10 56,866.60 5134.75 15,10 77,534.73 20,668.13 14 Pedestrian Ramps, All Types EA 165 1,920.00 316,800.00 127 1,920.00 243,840.00 12,106.40 (72,960.00) - 15 Raise Manhole Covers EA 74 163.60 12,106.40 74 163.60 16 Raise Survey Monument Covers EA 11 834.00 9,174.00 8 834.00 6,672.00 (2,502.00) 17 Traffic Loops (Caltrans Type E) EA 110 312.60 34,386.00 142 312.60 44,389,20 10,003,20 30,060,87 18 Traffic Striping/Markings Removal and Replacement LS 1 18,000.00 18,000.00 1 48,060.87 48,060.87 19 Tree -trimming LS 1 5,200.00 5,200.00 1 5,200,00 5,200.00 - 20 Tree removals/stumping EA 10 1,300.00 13,000,00 1 1,300,00 1,300.00 (11,700.00) 21 Remove and replace in -roadway lighting crosswalk system LS 1 9,000.00 9,000.00 1 9,000.00 9,000,00 22 Provide 30" x 30" Signs EA 12 285,00 3,420.00 12 285.00 3,420.00 - 23 Striping and raised pavement markers (CalTrans Std Plans, Detail 38A w/ 38C) LF 850 1,15 977.50 850 1.15 977,50 - 24 Pedestrian Crossing Signs (W11.2, W16-7 - MUTCD) EA 4 235.00 940,00 4 235.00 940.00 - 25 Remove existing Ped Crossing sign (W11-2) and sign post EA 2 52.50 105,00 2 52,50 105.00 - TOTALS: 2,918,289.57 Change Orders Adding Line Item Work (Costs are shown in the actual Ilne Items above.) - 1 Additional Line Item Work Bay Marina Drive, 16th Street, and D Street LS - 0 2 Additional Striping at 8th Street within original work area LS 1 • - 0 - - Change Orders 3 Add Speed Humps on M St. /Credit for Low Compaction Results an 16th St. and D St. LS 1 (8,373.571 (8,373.57) 1 (8,373,57) (8,373.57) - TOTALS: 2,843,844,49 (74,445.08) Line items with additions and reductions shown in bold PASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: CITY CLERK OF NATIONAL CI FY 1 243 National City Blvd. National City, CA 91950 AND WHEN RECORDED MAIL TO: CITY CLERK OF NATIONAL CITY 1243 National City Bled. National City, CA 91950 7 THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON MAR 22. 2011 DOCUMENT NUMBER 2011-0150108 Ernest J. Dronenburg, Jr COUNTh- RECORDER SAN D!EGC) COUNTY RECORDER'S OFFICE_ TIME. 823 AM (Note: This document is recorded on behalf of the City of National City, a municipal corporation, and is exempt from Recorder's fees pursuant to Government Code Section 27383) NOTICE OF COMPLETION: The National City Street Resurfacing Project, FY 10-11 Specification No. 10-1 (Please fill in document titles) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 6 RECORDING REQUESTED BY tVHEN RECORDED MAIL 10- NAME: CITY OF NATIONAL CITY ADDRESS: Ann: CITY CLERK 1243 NATIONAL CITY BOULEVARD NATIONAL CfrY. CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on March 15, 201 I of The National City Street Resurfacing Project, FY 10-11, Spec. No. 10-1 Work of improvement or portion of work of improvement under construction or alteration_ Various Street sections throughout National City. CA 91950 Street .Address City State Zip Code The undersigned owns the following interest or estate in said property: Owner -in -Fee Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said xvork of improvement was performed on the property pursuant to a contract with ATP General Engineering Contractors Name of Original Contractor The following work and material were supplied_ Laborer Groups, Bob Cat, Trucks, Temporary Pumps, Cement Masons, Operators, Paving Equipment, Traffic Control Equipment, Sweeper, Loaders, etc_ General statement of kind of labor, services, equipment or materials The names and addresses of co-owner : N/A Dated: March 21, 201 I, the undersigned, say: thereof; the same is true is true and correct Executed on Ma Signature: Joint tenants, tenants in common, or other owners nature of Owner City of National City, 1243 National City Blvd_, National City, CA 91950 I have read the foregoing Notice of Completion and know the contents of my own knowledge. I declare under penalty of perjury that the forgoing 1, 201 I, at National City, California. ON MORRISON, MAYOR !ball.I 7 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 3, 2011 AGENDA ITEM NO. 11 EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Indemnification Letter to the Bonita Highlands Homeowners Association ("BHHOA") agreeing to hold harmless BHHOA in connection with joint training exercises with the Chula Vista Fire Department to be conducted on BHHOA property at no cost to the City. (Fire) PREPARED BY: Walter Amedee DEPARTMENT: F PHONE: 619-336-4556 APPROVED BY: EXPLANATION: The Bonita Highlands Home Owners Association ("BHHOA") has agreed to permit the Chula Vista Fire Department to conduct training exercises on May 3-6, 9, and 11, 2011, during the hours of 0730 to 1630 at the open spaces of lot #350 located at the equestrian center off Corral Canyon Road; Bonita, CA 91908 at no cost to the City. The National City Fire Department (NCFD) has been invited to participate in the training exercises. In order to participate, the NCFD needs to submit an Indemnification Letter to the BHHOA. The NCFD believes that this training opportunity is necessary to gain valuable skills. Staff recommends authorizing the Mayor to execute the Indemnification Letter to the BHHOA agreeing to hold harmless BHHOA in connection with joint training exercises with the Chula Vista Fire Department to be conducted on BHHOA property at no cost to the City. FINANCIAL STATEMENT: ACCOUNT NO. No financial impact. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff recommends authorizing the Mayor to execute an Indemnification Letter to the BHHOA agreeing to hold harmless BHHOA in connection with the training exercises at no cost to the City. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: City of National City Indemnification Letter to the Bonita Highlands Home Owners Association z. Resolution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN INDEMNIFICATION LETTER TO THE BONITA HIGHLANDS HOMEOWNERS' ASSOCIATION ("BHHOA") AGREEING TO HOLD HARMLESS THE BHHOA IN CONNECTION WITH JOINT TRAINING EXERCISES WITH THE CHULA VISTA FIRE DEPARTMENT TO BE CONDUCTED ON BHHOA PROPERTY AT NO COST TO THE CITY WHEREAS, the Bonita Highlands Homeowners' Association ("BHHOA") has agreed to permit the Chula Vista Fire Department to conduct training exercises on May 3-6, 9 and 11, 2011, during the hours of 7:30 a.m. to 4:30 p.m., at the open spaces of Lot No. 350 located at the equestrian center off Corral Canyon Road, Bonita, at no cost; and WHEREAS, the Chula Vista Fire Department has invited the National City Fire Department ("NCFD") to participate in the training exercises beginning May 4, 2011; and WHEREAS, in order to participate, BHHOA requires NCFD to submit an Indemnification Letter agreeing to hold harmless BHHOA in connection with the joint training exercises. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Indemnification Letter agreeing to hold harmless the Bonita Highlands Homeowners' Association in connection with the National City Fire Department's participation in the joint training exercises with the Chula Vista Fire Department on May 4-6, 9 and 11, 2011, during the hours of 7:30 a.m. to 4:30 p.m., at the open spaces of Lot No. 350 located at the equestrian center off Corral Canyon Road, Bonita, at no cost to the City PASSED and ADOPTED this 3rd day of May, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney (To be printed on Mayor's letterhead) May 3, 2011 Glenn Kopp Bonita Highlands Homeowners' Association P.O. Box 458 Bonita, CA 91908 RE: Indemnification Dear Mr. Kopp: The Bonita Highlands Homeowners' Association ("BHHOA") has agreed to permit the National City Fire Department to conduct training exercises on May 4-6, 9 and 11, 2011, during the hours of 0730 to 1630, at the open space of lot no. 350, located at the equestrian center off Corral Canyon Road, Bonita, at no cost to the City of National City ("City"). In return, BHHOA asks that the City provide a hold harmless agreement. Accordingly, this letter is intended to memorialize and provide the requested hold harmless agreement. The City, as acknowledged by my signature below, in consideration for permission to conduct the training exercises stated above, agrees to hold harmless BHHOA, its elected and appointed officers, agents, employees, tenants, and HOA members from any and all claims, demands, causes of action, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of the City, its officials, officers, employees' agents, and contractors, arising out of or in connection with the National City Fire Department's training exercise stated above. We would like to thank BHHOA for its assistance to the National City Fire Department. By permitting access to the above properties for training purposes, members of the Fire Department will gain necessary and valuable skills. Sincerely, Ron Morrison Mayor CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 3`d, 2011 AGENDA ITEM NO.12 EM TITLE: Warrant Register #38 for the period of 03/16/11 through 03/22/11 in the amount of $1,591,551.34 PREPARED BY: K Apalategui DEPARTMENT: Finance PHONE: 1619-336-4331', APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 03/16/11 through 03/22/11 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation ATP Gen Engineering 240941 $147,439.89 NC Street Resurfacing MJC Construction 241000 $55,047.15 ADA Access & Park Specs )Iic Emp Ret System 241017 $251,302.82 Service Period 3-11-3 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: „,i, APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,591,551.34 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: rant Register #38 PAYEE CA DEPARTMENT OF PUBLIC HEALTH DIXIELINE BUILDERS ENVIRONMENTAL H S LABORATORIES EQUIFAX INFORMATION SVCS FEDEX HUSK PARTNERS KANE BALLMER & BERKMAN PASSANTINO ANDERSEN POWER PLUS SAN DIEGO CLIPPING SERVICE UNION TRIBUNE PUBLISHING CO AFLAC AT&T MOBILITY AT&T/MCI ATP GENERAL ENGINEERING AUSTIN DOORS BAEZ BEST BEST & KRIEGER LLP )NSUISSE INC BROADWAY AUTO ELECTRIC BSN SPORTS CALIFORNIA HIGHWAY ADOPTION CO CAMACHO CAMACHO CARQUEST AUTO PARTS CEB CHEVRON & TEXACO BUSINESS CARD CITY OF NATIONAL CITY CITY OF SANTA ANA CNOA CONFERTEL COX COMMUNICATIONS DELTA DENTAL PLAN OF CA DOUGHERTY DREW FORD ENNIS TRAFFIC SAFETY SOLUTIONS ESGIL CORPORATION ESTABROOK FERGUSON ENTERPRISES INC FIRE PREVENTION SERVICES INC FLEET SERVICES INC --ORGE WATERS ORGE WATERS GIL GRAINGER HAMILTON MEATS & PROVISIONS ENC6'144 gaT)OD WARRANT REGISTER # 38 3/22/2011 DESCRIPTION LEAD CERT RENEWAL / GRANTS REIMB - CASA QUINTA/CASA FAMILIAR SHIPPING FOR LEAD WIPES CREDIT CHECK / SEC 8 EXPRESS MAIL SERVICES / CDC CONSULTING SERVICES / FEB 2011 LEGAL SERVICES - 1/31/11 GRANT RESEARCH SVCS / DEC 2010 EQUIPMENT RENTAL / CDC NEWS READING/CLIPPING SVC / CDC ADVERTISING / SEC 8 AFLAC ACCOUNT BDM36 MAR 2011 ATT SECURE WIRELESS CIRCUIT / PD TELECOMMUNICATIONS SERVICE / CITY NC STREET RESURFACING, FY 10-11 DOOR REPAIRS/REPLACEMENTS REFUND EMPLOYEE TERMINATED SERVICES THROUGH 02/28/11 GREENBOOK CD ROM DAIRY DELIVERY / NUTRITION ELECTRICAL PARTS FUNNETS GAME NET SYSTEM / CSD PARADISE CREEK LITTER REMOVAL REFUND BUSINESS OUT OF CITY BASIC TRAFFIC INVEST COURSE MOP 47557 AUTO PARTS CA GOV TORT LIABILITY MOP 45699 GAS PETTY CASH P/E JAN 31, 2011 FIELD TRAINING UPDATE COURSE DRUG ABUSE RECOGNITION COURSE 1-9 CRACKDOWN WEBINAR / HR CABLE / TEEN CENTER AND SENIOR COBRA DENTAL INS FEB 2010 FIELD TRAINING OFFICER UPDATE MOP 49078 AUTO PARTS MOP 63846 PLAN CHECKING SERVICES / BUILDING REIMB - KENNEL FOR K9 MOP 45723 PLUMBING MATERIAL SERVICES MOP 67804 AUTO PARTS RTC SUPERVISORY WORKSHOP 5TH BUDGET WORKSHOP BASIC TRAFFIC INVEST COURSE MOP 65179 BATTERY, FAN COOLED -FIRE MEAT DELIVERY / NUTRITION CENTER 1/3 CHK NO DATE AMOUNT 240927 3/22/11 225.00 240928 3/22/11 3,384.30 240929 3/22/11 11.96 240930 3/22/11 97.95 240931 3/22/11 28.95 240932 3/22/11 15,000.00 240933 3/22/11 10,845.00 240934 3/22/11 7,500.00 240935 3/22/11 570.00 240936 3/22/11 61.50 240937 3/22/11 438.80 240938 3/22/11 1,452.44 240939 3/22/11 1,925.58 240940 3/22/11 357.32 240941 3/22/11 147,439.89 240942 3/22/11 883.27 240943 3/22/11 134.62 240944 3/22/11 67.50 240945 3/22/11 144.34 240946 3/22/11 286.22 240947 3/22/11 195.75 240948 3/22/11 562.43 240949 3/22/11 864.00 240950 3/22/11 320.00 240951 3/22/11 557.36 240952 3/22/11 134.13 240953 3/22/11 174.92 240954 3/22/11 151.56 240955 3/22/11 219.03 240956 3/22/11 125.00 240957 3/22/11 225.00 240958 3/22/11 198.00 240959 3/22/11 174.18 240960 3/22/11 458.08 240961 3/22/11 422.18 240962 3/22/11 795.08 240963 3/22/11 499.11 240964 3/22/11 17,581.09 240965 3/22/11 445.62 240966 3/22/11 426.30 240967 3/22/11 7,119.56 240968 3/22/11 20.66 240969 3/22/11 93.12 240970 3/22/11 38.08 240971 3/22/11 557.36 240972 3/22/11 518.41 240973 3/22/11 362.66 PAYEE HARRIS & ASSOC CORP HARRIS & ASSOCIATES INC HARRIS & ASSOCIATES INC HARRIS & ASSOCIATES INC HARRIS & ASSOCIATES INC HARRIS & ASSOCIATES INC HARRIS & ASSOCIATES INC HARRIS & ASSOCIATES INC HARRIS & ASSOCIATES INC HORIZON HEALTH EAP HUNTER'S NURSERY INC. ICC SAN DIEGO CHAPTER IRON MOUNTAIN KAISER FOUNDATION HEALTH PLANS KIMLEY-HORN AND ASSOCIATES INC LASER SAVER INC LAW OFFICES OF DON DETISCH LAW OFFICES OF DON DETISCH LAW OFFICES OF DON DETISCH LAW OFFICES OF DON DETISCH LEXIS-NEXIS LOPEZ LORIMAR GROUP, INC. MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MINUTEMAN PRESS MJC CONSTRUCTION MUELLER CONSTRUCTION CO MUNICIPAL CODE CORPORATION MUNISERVICES LLC NAPA AUTO PARTS NATIONAL CITY MOTEL ORKIN PEST CONTROL PACIFIC AUTO REPAIR PADRE JANITORIAL SUPPLIES INC PENUNURI PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD PROJECT PARTNERS INC PROJECT PARTNERS INC PROJECT PROFESSIONALS CORP_ PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RBF CONSULTING REGIONAL TRAINING CENTER RIDLEY WARRANT REGISTER # 38 3/22/2011 DESCRIPTION DEPOSIT#1479 VALLEY V SANITARIUM 8TH ST. COORIDOR SMART GROWTH DEP #1479 VALLEY VIEW SANITARIUM DEP #1162 3035 PALMER ST DEP #1162 3035 PALMER ST DEP #1363 2504 HIGHLAND AVE DEP #1479 VALLEY VIEW SANITARIUM DEP# 1214 FINAL MAP CENTRO DEP #1363 2504 HIGHLAND AVE EMP ASST PROGRAM - MAR 2011 MOP 45719 HORTICULTURE ITEMS CA PLUMBING/MECHANICAL INSPECTION RECORDS MANAGE/DOC STORAGE KAISER RETIREES INS MAR 2011 COOLIDGE AVE -SERVICES JAN. 2011 MOP 45725 PRINTING SUPPLIES PLAZA BLVD/MISC MATTERS PLAZA BLVD/THRIFTY PLAZA BLVD/KALESA WALK PLAZA BLVD/NAGRAJ LEXIS-NEXIS ONLINE LEGAL RESEARCH TRANSLATION SERVICES FY 10/11 6044-40062G02-LG. PROTECTOR CIVIL SERVICE COMMISSION PROFESSIONAL SERVICES FEB 2011 VEHICLE IMPOUND LABELS ADA ACCESS & PARK GARDEN SPEC. REFUND FIRE PERMIT OVERPAID MUNICIPAL CODE SUPPLEMENT #31 SALES USE TAX SERVICES MOP 45735 AUTO PARTS REFUND BUSINESS LIC OVERPAID PEST MAINTENANCE SMOG CERTIFICATION & REPAIRS JANITORIAL SUPPLIES / NUTRITION DRUG ABUSE RECOG COURSE MOP 45703 AUTO PARTS MOP 67839 AUTO PARTS MOP 45707 BUILDING MATERIALS PAYMENT OVERLAY PROGRAM DEPOSIT#1214 CENTRO PROJECT RESURFACING 10-11 MOP 45742 LAUNDRY SERVICE SERVICE PERIOD 3-11-3 8TH ST. SAFETY ENHANCEMENT -PROF RECORDS SUPERVISOR COURSE HUD TRAINING ENV REGULATIONS 2/3 CHK NO DATE AMOUNT 240974 3/22/11 1,050.00 240975 3/22/11 46,862.00 240976 3/22/11 1,050.00 240977 3/22/11 525.00 240978 3/22/11 315.00 240979 3/22/11 315.00 240980 3/22/11 315.00 240981 3/22/11 210.00 240982 3/22/11 105.00 240983 3/22/11 766.12 240984 3/22/11 165.45 240985 3/22/11 45.00 240986 3/22/11 131.00 240987 3/22/11 24,206.56 240988 3/22/11 12,382.00 240989 3/22/11 301.58 240990 3/22/11 16,293.00 240991 3/22/11 702.1'4 240992 3/22/11 546. 240993 3/22/11 52 . 240994 3/22/11 427.38 240995 3/22/11 140.00 240996 3/22/11 65.00 240997 3/22/11 3,302.75 240998 3/22/11 145.50 240999 3/22/11 481.42 241000 3/22/11 55,047.15 241001 3/22/11 90.00 241002 3/22/11 277.70 241003 3/22/11 930.86 241004 3/22/11 571.62 241005 3/22/11 260.00 241006 3/22/11 373.33 241007 3/22/11 110.00 241008 3/22/11 146.21 241009 3/22/11 429.72 241010 3/22/11 134.82 241011 3/22/11 178.28 241012 3/22/11 399.29 241013 3/22/11 640.50 241014 3/22/11 183.00 241015 3/22/11 27,773.75 241016 3/22/11 453,' 241017 3/22/11 251,302. 241018 3/22/11 3,907.00 241019 3/22/11 489.00 241020 3/22/11 807.98 PAYEE RON BAKER CHEVROLET SAN BERNARDINO SHERIFF'S DEPT SAN BERNARDINO SHERIFF'S DEPT SAN DIEGO AREA CHAPTER ICC SAN DIEGO BMW MOTORCYCLES SASI SD COUNTY SHERIFFS DEPARTMENT SDG&E SEWARD SEWARD SMART & FINIAL SMART SOURCE OF CALIFORNIA LLC SOLANO PRESS BOOKS SOUTHERN CALIFORNIA SOIL & SOUTHWEST SIGNAL SERVICE STAPLES ADVANTAGE SWEETWATER AUTHORITY cvSCO SAN DIEGO IE LIGHTHOUSE INC JM MOYNAHAN TOPECO PRODUCTS UNION BANK OF CA PARS#67460224 UNION SPRINGS PHARMACEUTICALS UNION -TRIBUNE PUB. CO. UNITED PARCEL SERVICE UNITED ROTARY BRUSH CORP VALDEZ VGA MAIN ST ANIMAL HOSPITAL WAXIE SANITARY SUPPLY WAXIE SANITARY SUPPLY WEST PAYMENT CENTER WILLY'S ELECTRONIC SUPPLY PAYROLL Pay period Start Date 6 2/22/2011 WARRANT REGISTER # 38 3/22/2011 DESCRIPTION MOP 45751 R&M AUTO EQUIPMENT BASIC TRAFFIC INVESTIGATION BASIC TRAFFIC INVESTIGATION PHOTO VOLTAIC SYSTEM TRAINING R&M CITY VEHICLES OPEN ENROLLMENT 02/01/11 GRAFFITI TRACKER SERVICES STREET GAS & ELECTRIC SHERMAN BLOCK L INST SESSION #7 SHERMAN BLOCK L INST SESSION #8 MOP 45756 MISC SUPPLIES - COUNCIL BUSINESS CARDS IMPRINTS SOLANO CURTIN'S LAND USE CONCRETE IMPROVEMENTS FY 10-11 TRAFFIC SIGNAL & STREET LIGHTING MOP 45704 OFFICE SUPPLIES -FINANCE PARKS WATER BILL CONSUMABLES / NUTRITION CENTER MOP 45726 AUTO PARTS MOP 45734 R&M AUTO EQUIPMENT MOP 63849 AUTO PARTS PARS CONTRIBUTIONS 03/02/11 MYCLYNS SPRAY - PROFESSION 12ML PUBLICATION/PLANNING COMMISSION UPS SHIPPING DOCUMENT SWEEPER REPAIRS REFUND SECTION 8 OVERPAYMENT FOR K9 VET CARE FOR FY 2011 MISC JANITORIAL SUPPLIES ENVISION BROWN MULTIFOLD. STATE/LOCAL GOV EMP LIABILITY MOP 45763 PHOTO LITHIUM BATTERY End Date 3/7/2011 Check Date 3/16/2011 3/3 CHK NO DATE AMOUNT 241021 3/22/11 36.25 241022 3/22/11 150.00 241023 3/22/11 150.00 241024 3/22/11 35.00 241025 3/22/11 457.34 241026 3/22/11 60.00 241027 3/22/11 1,425.00 241028 3/22/11 2,947.17 241029 3/22/11 419.58 241030 3/22/11 419.58 241031 3/22/11 18.52 241032 3/22/11 66.95 241033 3/22/11 92.01 241034 3/22/11 154.00 241035 3/22/11 27,835.56 241036 3/22/11 427.68 241037 3/22/11 1,652.60 241038 3/22/11 2,321.95 241039 3/22/11 261.82 241040 3/22/11 100.00 241041 3/22/11 23.38 241042 3/22/11 3,889.16 241043 3/22/11 280.70 241044 3/22/11 500.00 241045 3/22/11 19.74 241046 3/22/11 220.00 241047 3/22/11 74.17 241048 3/22/11 73.34 241049 3/22/11 2,652.45 241050 3/22/11 183.30 241051 3/22/11 316.08 241052 3/22/11 366.10 GRAND TOTAL A/P Total 727,130.51 864,420.83 $ 1,591,551.34 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. (La FINANCE CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SOTELO-SOLIS, VICE -MAYOR ROSALIE ZARATE, MEMBER LUIS NATIVIDAD, MEMBER MONA RIOS, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 3rd OF MAY 2011. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 3`d, 2011 AGENDA ITEM NO. 13 EM TITLE: Warrant Register #39 for the period of 03/23/11 through 03/29/11 in the amount of $513,763.00 PREPARED BY: K. Apalategui DEPARTMENT: Finance PHONE: 619-336-4331APPROVED BY: j,, C %� EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 03/23/11 through 03/29/11 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Health Net 241107 $63,260.05 Ins R1192A April 2011 Kaiser Foundation 241120 $160,367.86 Ins Active April 2011 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $513,763.00 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: rrant Register #39 PAYEE CASA DE MEXICO CALIFORNIA REDEVELOPMENT DESROCHERS LASER SAVER INC OPPER & VARCO PRO BUILD PRUDENTIAL OVERALL SUPPLY SAN DIEGO COUNTY RECORDER SDG&E STAPLES ADVANTAGE SWEETWATER AUTHORITY UNION TRIBUNE PUBLISHING CO VISTA PAINT ABCANA INDUSTRIES ABRUSCATO ACEDO LEN IDERSON f&T/MCI AT&T/MCI BECK BEST WINDOW TINTING, INC. BISHOP BLACK ROCK CONSTRUCTION CO. BLUE PACIFIC ENGINEERING BONSUISSE INC BOYD BULL CAPF CALIFORNIA LAW ENFORCEMENT CALIFORNIA WHOLESALE SUPPLY CIVILSOURCE INC CONDON COOPER'S PLUMBING & HEATING CORNERSTONE CHURCH OF CORPUZ COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO CLERK COUNTY OF SAN DIEGO CLERK DEFRATIS DELTA CARE USA ERCHIO )KKEN ENGINEERING DOKKEN ENGINEERING DREDGE EISER III WARRANT REGISTER # 39 3/29/2011 DESCRIPTION DINNER / CIVIL SERVICE COMMISSIONERS LEGAL DEF FUND ASSESS FOR CRA RETIREMENT BENEFIT APR 2011 MOP 45725 INK CARTRIDGE - S8 EDUCATION VILLAGE/REVIEW DDA MOP 45707 KRYON SPR PAINT UNIFORMS - NEIGHBORHOOD RECORDING FOR RECONVEYANCE LOANS GAS AND ELECTRIC UTILITIES / CDC MOP 45704 OFFICE SUPPLIES - S8 WATER UTILITIES / CDC LEGAL NOTICE MOP 68834 EXTERIOR FLAT WHITE POOL CHEMICALS GRANT MANAGEMENT COURSE RETIREE HEALTH BENEFITS APR'11 RETIREE HEALTH BENEFITS APR'11 RETIREE HEALTH BENEFITS APR'11 TELECOMMUNICATIONS SERVICE / CITY TELECOMMUNICATIONS SERVICE / CITY RETIREE HEALTH BENEFITS APR'11 WINDOW TINTING RETIREE HEALTH BENEFITS APR'11 CONCRETE IMPROVEMENTS SPEC 10-02 CULTURAL ARTS CENTER LANDSCAPE DAIRY DELIVERY / NUTRITION RETIREE HEALTH BENEFITS APR'11 GRANT MANAGEMENT COURSE FIRE/LTD APRIL 2011 PD/LTD APRIL 2011 12 X 12 FISSURED SESK48S DRAINAGE IMPROVEMENTS SPC. NO. 10-03 RETIREE HEALTH BENEFITS APR'11 ANNUAL BACKFLOW TESTING REFUND OF BANNER ADMIN COST RETIREE HEALTH BENEFITS APR'11 MAIL PROCESSING SVC FOR FY10/11 FILING NOTICE OF DETERMINATION CONTRACT SERVICES RETIREE HEALTH BENEFITS APR'll PM! COBRA DENTAL INS FEB'11 RETIREE HEALTH BENEFITS APR'11 PLAZA BLVD PS&E SEPTEMBER, 2010 PLAZA BLVD PS&E DECEMBER, 2010 RETIREE HEALTH BENEFITS APR'11 RETIREE HEALTH BENEFITS APR'11 1/3 CHK NO DATE AMOUNT 241053 3/29/11 54.32 241054 3/29/11 800.00 241055 3/29/11 110.00 241056 3/29/11 98.67 241057 3/29/11 385.00 241058 3/29/11 147.94 241059 3/29/11 18.10 241060 3/29/11 18.00 241061 3/29/11 197.34 241062 3/29/11 175.32 241063 3/29/11 108.98 241064 3/29/11 685.20 241065 3/29/11 1,367.89 241066 3/29/11 1,182.03 241067 3/29/11 222.09 241068 3/29/11 160.00 241069 3/29/11 125.00 241070 3/29/11 110.00 241071 3/29/11 6,421.79 241072 3/29/11 2,559.40 241073 3/29/11 140.00 241074 3/29/11 395.00 241075 3/29/11 110.00 241076 3/29/11 30,433.49 241077 3/29/11 1,350.00 241078 3/29/11 314.97 241079 3/29/11 145.00 241080 3/29/11 67.75 241081 3/29/11 576.00 241082 3/29/11 1,599.00 241083 3/29/11 474.21 241084 3/29/11 1,805.60 241085 3/29/11 280.00 241086 3/29/11 5,000.00 241087 3/29/11 1,975.00 241088 3/29/11 140.00 241089 3/29/11 2,674.52 241090 3/29/11 100.00 241091 3/29/11 50.00 241092 3/29/11 120.00 241093 3/29/11 87.32 241094 3/29/11 70.00 241095 3/29/11 19,423.97 241096 3/29/11 14,406.52 241097 3/29/11 250.00 241098 3/29/11 250.00 2/3 innt INC6RPORJ%rED WARRANT REGISTER # 39 3/29/2011 PAYEE DESCRIPTION CHK NO DATE AMOUNT GELSKEY RETIREE HEALTH BENEFITS APR11 241099 3/29/11 115.00 GIBBS JR RETIREE HEALTH BENEFITS APR'11 241100 3/29/11 120.00 GOO RETIREE HEALTH BENEFITS APR'11 241101 3/29111 165.00 GRAINGER MOP 65179 GAS LEAK DETECTOR KIT 241102 3/29/11 590.46 HAMILTON MEATS & PROVISIONS MEAT DELIVERY! NUTRITION CENTER 241103 3/29/11 789.57 HANSON RETIREE HEALTH BENEFITS APR'11 241104 3/29/11 135.00 HARRIS & ASSOCIATES INC PROFESSIONAL SERVICES FEBRUARY 2011 241105 3/29/11 8,610.00 HCFA C/O CITY OF EL CAJON FY11 ANNUAL DISPATCHING CHARGE 241106 3/29/11 35,061.00 HEALTH NET HEALTH INS R1192A APRIL 2011 241107 3/29/11 63,260.05 HEALTH NET HEALTH INS 57135J APRIL 2011 241108 3/29/11 1,284.78 HEALTH NET HEALTH FULL NETWORK 57135A 241109 3/29/11 6,764.73 HEALTH NET HEALTH NET R1192F APRIL 2011 241110 3/29/11 3,152.35 HEALTH NET HEALTH NET 57135F APRIL 2011 241111 3/29/11 1,304.42 HOLLIS RETIREE HEALTH BENEFITS APR'11 241112 3/29/11 185.00 HOLLOWAY RETIREE HEALTH BENEFITS APR'11 241113 3/29/11 150.00 HONEYWELL INTERNATIONAL INC CITY-WIDE HVAC WORK 241114 3/29/11 3,871.57 ICC SAN DIEGO AREA CHAPTER 2011 ANNUAL MEMBERSHIP 241115 3/29/11 50.r"" INTERNATIONAL CODE COUNCIL 2010 CALIF BUILDING CODE BOOK TITLE 24 241116 3/29/11 1,137 JAMES RETIREE HEALTH BENEFITS APR'11 241117 3/29/11 140.Uu JJJ ENTERPRISES REPAIRS TO ALARM CONTROL 241118 3/29/11 205.00 JUNIEL RETIREE HEALTH BENEFITS APR'11 241119 3/29/11 50.00 KAISER FOUNDATION HEALTH PLANS KAISER INS ACTIVE APRIL 2011 241120 3/29/11 160,367.86 KIMBLE RETIREE HEALTH BENEFITS APR'11 241121 3/29/11 300.00 KIMLEY-HORN AND ASSOCIATES INC DESIGN SERVICES COOLIDGE AVENUE 241122 3/29/11 9,294.05 KITAGAWA HOME & OFFICE SIGNATURE STAMPS 241123 3/29/11 68.81 L1 IDENTITY SOLUTIONS FINGERPRINT TEST SUB FEB 2011 241124 3/29/11 40.00 LANDA RETIREE HEALTH BENEFITS APR'11 241125 3/29/11 155.00 LASER SAVER INC MOP 45725 TONER CARTRIDGE 241126 3/29/11 263.29 MATIENZO RETIREE HEALTH BENEFITS APR'11 241127 3/29/11 100.00 MCCABE RETIREE HEALTH BENEFITS APR'l 1 241128 3/29/11 280.00 MEDINA RETIREE HEALTH BENEFITS APR'11 241129 3/29/11 105.00 MURRAY RETIREE HEALTH BENEFITS APR'11 241130 3/29/11 150.00 MYERS RETIREE HEALTH BENEFITS APR'11 241131 3/29/11 140.00 NATIONAL CITY TROPHY RECOGNITION PLAQUES 241132 3/29/11 1,119.45 NATIONAL CITY TROPHY NAME TAGS - COUNCILMEMEBERS 241133 3/29/11 37.32 NOSAL WILLIAM A RETIREMENT SETTLEMENT APR'11 241134 3/29/11 1,098.64 OCHOA RETIREE HEALTH BENEFITS APR'11 241135 3/29/11 125.00 OVERLAND CONTRACTING INC REFUND OF SUBMITTED CUP COST 241136 3/29/11 3,945.00 PACIFIC AUTO REPAIR SMOG CERTIFICATION/REPAIRS 241137 3/29/11 366.86 PAUU RETIREE HEALTH BENEFITS APR'11 241138 3/29/11 340.00 PORAC LEGAL DEFENSE FUND LEGAL DEFENSE FUND / RESERVES PD 241139 3/29/11 172.00 POST RETIREE HEALTH BENEFITS APR'11 241140 3/29/11 280 POTTER RETIREE HEALTH BENEFITS APR'11 241141 3/29/11 150. PRO BUILD DUCT TAPE UTILITY/SHARPIE BLACK 241142 3/29/11 134.95 RAY RETIREE HEALTH BENEFITS APR'11 241143 3/29/11 190.00 RELIANCE STANDARD VTL APRIL 2011 241144 3/29/11 2,391.90 PAYEE ROARK ROE ROMERO'S ROOFING SERVICE, INC RUIZ SDG&E SHORT, CRAIG SMART SOURCE OF CALIFORNIA LLC SOUTHERN CALIFORNIA SOIL & STAPLES ADVANTAGE STRASEN SWEETWATER AUTHORITY THE LINCOLN NATIONAL LIFE INS TRIVIZ TYLER TECHNOLOGIES, INC U S HEALTHWORKS UNITED PARCEL SERVICE "RIAS SLINK LAW ENFORCEMENT AND ...W. GRAINGER ZIETLOW, DAVID SECTION 8 HAPS PAYMENTS WARRANT REGISTER # 39 3/29/2011 DESCRIPTION RETIREE HEALTH BENEFITS APR'11 RETIREE HEALTH BENEFITS APR'11 ROOF REPAIRS RETIREE HEALTH BENEFITS APR'11 FACILITIES DIVISION GAS & ELECTRIC RETIREE HEALTH BENEFITS APR'11 PROPERTY RELEASE FORM C/O #4 DATE 11/9/10 FOR SOILS TESTING MOP 45704 OFFICE SUPPLIES -PURCHASING RETIREE HEALTH BENEFITSAPR'11 FACILITIES WATER BILL LIFE & AD&D STD LTD APRIL 2011 RETIREE HEALTH BENEFITS APR'11 EDEN MAINTENANCE 1/1/2011-12/31/11 MEDICAL SERVICES UPS SHIPMENT RETIREE HEALTH BENEFITS APR'11 COMMAND VEHICLE RECEIVER SYSTEM INV 9479836414 / CR 9489724956 RETIREE HEALTH BENEFITS APR'11 Start Date 3/23/2011 End Date 3/29/2011 3/3 CHK NO DATE AMOUNT 241145 3/29/11 135.00 241146 3/29/11 120.00 241147 3/29/11 1,365.00 241148 3/29/11 310.00 241149 3/29/11 8,169.78 241150 3/29/11 300.00 241151 3/29/11 662.89 241152 3/29/11 192.00 241153 3/29/11 615.21 241154 3/29/11 135.00 241155 3/29/11 13,627.42 241156 3/29/11 8,407.51 241157 3/29/11 135.00 241158 3/29/11 47,676.76 241159 3/29/11 55.00 241160 3/29/11 30.50 241161 3/29/11 125.00 241162 3/29/11 19,425.97 241163 3/29/11 1,625.14 241164 3/29/11 150.00 A/P Total 509,205.16 4,557.84 GRAND TOTAL $ 513,763.00 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND 'ID THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. FINANCE CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SOTELO-SOUS, VICE -MAYOR ROSALIE ZARATE, MEMBER LUIS NATIVIDAD, MEMBER MONA RIOS, MEMBER 1 HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND "THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 3`d OF MAY 2011. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 3, 2011 AGENDA ITEM NO. 14 EM TITLE: Public Hearing — Conditional Use Permit for a wireless communication facility at 2005 Highland Avenue. (Applicant AT&T) (Case File 2010-31 CUP) PREPARED BY: Martin Reeder DEPARTMENT: Develo/Planning. PHONE: 336-4313 APPROVED BY: EXPLANATION: Planning Commission conducted a public hearing on March 7, 2011, where the Commission voted to approve the requested Conditional Use Permit based on required findings and subject to Conditions of Approval. City Council set the item for hearing at their April 19, 2011 meeting. The attached background report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: Project is exempt under CEQA pursuant to Class 3 Section 15303, New Construction or conversion of small structures) ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends approval based on the attached findings and conditions of approval. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Farias, Flores Pruitt, Reynolds Absent: Baca, DeLaPaz ATTACHMENTS: Background Report 5. Notice of Exemption Recommended Findings for Approval 6. Public Hearing Notice 3. Recommended Conditions 7. Photo simulations & coverage map 4. Location Map 8. Applicant's Plans 5. Existing Wireless Facilities Map BACKGROUND REPORT The project site is a 14,357 square -foot property located on the southeast corner of the Highland Avenue and 20th Street intersection, in the General Commercial (CG) zone. The lot is developed with a U-shaped office building consisting of several different commercial suites. The lot also has a 15 space surface parking lot with access from both Highland Avenue and the alley to the rear. A Conditional Use Permit was approved in 2003, allowing Cingular Wireless to construct a penthouse on the rear of the building's roof to house a wireless facility (CUP-2003-4). Ownership of this facility has since been transferred and it is now being used by T- Mobile. In addition, a Conditional Use Permit (CUP-2006-2) for the same project as you are reviewing was approved in January of 2008. However, the facility was never constructed and the CUP has since expired. The applicant is proposing to install a 43-foot faux artificial palm tree with 12 antennas along the eastern property line. Plans propose to remove and rebuild an existing trash enclosure at the rear of the parking lot, relocating it three feet closer to 20th Street. The telecommunications equipment that serves the "mono -palm" would be located in a suite inside the office building, with all wiring between the tree and equipment trenched across the parking lot. There would be no loss of parking spaces and the only visible portion of the project would be the 43 foot mono -palm. This project is intended to increase wireless service in this area and would be considered an example of a stealth facility, as encouraged by City policy, since the facilities are on a mono -palm structure, the equipment shelter would be inside the existing building, and the mono -palm is situated to the rear of the site with substantial additional landscaping proposed. The previous approval required the installation of live palm trees to help disguise the mono -palm. A Condition of Approval has been included requiring the installation of three Mexican fan palms (26-foot brown trunk height), to help the facility blend with the surrounding area. The facility is only expected to generate one to two trips per month for maintenance staff and is unlikely to have any impacts on adjacent streets. During processing of the previous permit (CUP-2006-2), the applicant had submitted a proposal for a second cupola; however, it would have been located on the front of the building, while the existing cupola is on the rear of the building. Staff encouraged moving the cupola back or redesigning the project as a facade -mounted or other architecturally - incorporated facility. The applicant responded with the mono -palm design, which was ultimately approved. City policy encourages applicants to pursue co -location of wireless facilities. Although there is an existing T-Mobile wireless facility on the building roof, the applicant has indicated that structure could not accommodate their requirements for the site. They feel they are still making an attempt at co -location by locating on the same site as another provider and also placing their equipment inside the existing office building. i The proposed wireless communications facility is an example of a stealth facility as required by City policy. In addition, the facility will provide expanded service to local AT&T customers. The use will be installed completely upon an artificial tree and within an existing building, therefore not placing a burden on existing facilities, businesses or City streets. Furthermore, Conditions of Approval will ensure that the facility functions effectively and without impact to surrounding uses. City Council set this item for hearing at the April 19, 2011 meeting after discussing the proposal, with emphasis given to the lack of condition language requiring maintenance of three required palm trees. Condition of approval number 19, requiring a landscape plan and the additional trees, has been modified to require ongoing maintenance of the additional landscaping for the life of the facility. 2 RECOMMENDED FINDINGS FOR APPROVAL 1. That the site for the proposed use is adequate in size and shape, since the proposed antennas would be incorporated into a mono -palm and the associated equipment would be inside an existing structure, thus not affecting parking or access. 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 unstaffed wireless communications facility requires only one to two trips each month for routine maintenance, which can easily be accommodated by the adjacent streets. 3. That the proposed use would not have an adverse effect upon adjacent or abutting properties, since antennas and associated equipment would be housed on a mono - palm approximately 35 feet above the ground, located at the rear of the site, and additional landscaping would be added to blend the mono -palm with the character of the surrounding community. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it would improve the performance of the AT&T wireless network, resulting in enhanced service for its National City customers. 3 RECOMMENDED CONDITIONS OF APPROVAL General 1. This Conditional Use Permit authorizes a wireless communications facility at 2005 Highland Avenue. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform to Exhibit C, Case File No. 2010-31 CUP, dated 2/17/2011. Any additional antennas must substantially conform to the design for installation shown on these plans. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. 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. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. Building 6. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. 7. Call 800-227-2600 (Underground Service Alert) for mark out prior to any digging activities. 8. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 9. Exterior walls of accessible poles/walls to a height of not less than six feet shall be treated with a graffiti resistant coating subject to approval from the Building Official. Graffiti shall be removed within 24 hours of its observance. 4 Fire 10.The project shall be built to code. The National City Fire Department utilizes the 2010 edition of the California Fire Code and the 2010 edition of NFPA. 11.A rough inspection of all work is required prior to closure. All rough work shall be visible at time of inspection. 12. Any request for inspection shall be made at least 48 hours in advance. Inspection shall be made once work is complete, utilizing approved and stamped plans. The contractor shall to have the approved plans on site per code. 13. During construction, the project shall strictly follow Chapter 14 of the CFC edition "Fire Safety During Construction, Alteration or Demolition of a Building". 14. All emergency/hazard signage shall be installed as required by code. Planning 15. All appropriate and required local, state and/or federal permits must be obtained prior to operation of the wireless communications facility. 16. Building plans shall indicate that all antennas, equipment, wiring, conduit or any other exposed equipment shall be painted to match the color of the surface upon which it is installed (e.g., building face, wall, roof, etc) to the satisfaction of the Planning Division. 17. 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. 18. The applicant or operator shall be responsible for the removal and disposal of any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete within six (6) months of discontinuance. 19. A detailed landscape and automatic, below grade irrigation plan, including plant species, sizes of plant material, methods of planting, etc. shall be submitted prior to issuance of building permits for review and approval by the Planning Division. The landscape plan shall include a minimum of three live palm trees (Mexican fan palm) with a minimum brown trunk height of 26 feet. The required palm trees shall be maintained in good health and appearance for the life of the approved wireless facility_ 5 1 1 1 1 1 1 i 1 1 1 1 1 1 d) 1 1 1 1 1 1 1 1 1917 2005 , - East 19th St I � 1 1912 RM-2-P_ D ' 1. RM-1-PD 1940 2004 n 2030 CG East 21 st St J vlalt 1 1 1 1 1 1 1 1 1 a r 1907 1919 1941 1 1910 RM-1-PD 1916 1928 03 East 20st St _ c tQ 0) 20 1917 43 rn RS=3-PD 2004 2018 2027 2035 2100 1 1 1 823 040 2104 2120 1 1 1 1 1 1 1 1 1 1 1 2007 2015 2025 2031 911 Subject Parcel Zone Boundary Feet 0 75 150 300 APN: 561-871-01 Planning Commission Location Map 2010-31 CUP 6 5 _Jr 21! .60 5 .` 1680 18, 27 ,74 - • 13,17, 510 , 0.0$\ 15,43, 7C) • ,4754,62, 72 12,33 Is A 23, 26, 57 • 58 -1. • '52d° 6711 19\ 0.- c' 28 61 78c 75a fiiit • 42,64 - • • r. 79c .63d • • • • • ,• • location of one or Mora facilities In National City • u facith iLtrancorporarcO won a Wary approved • facility Cerro • !Realty Lirvist consiruction City limit 25,73 Wireless Communications Facilities 1000 0 1000 Feet 45, 68 National City Nanning Dept. 8/9/10 FACILITY 1 2 25 46 42 10 5 16 50 40 51 8 23 55 22 47 11 37d 49 39 21 18 32 3 20 6 4 9 28 31 52d 41 53 48 7 13 17 33 43 15 12 26 54 30 14 45 29 36 34 27 LOCATION 2434 Southport 300 W 28th 152 W 33rd 2005 Highland 2605 Highland 3007 Highland 1645 E Plaza 1840 E 12th 1900 E Plaza 2415 E 18th 2323 E Division 2400 E 4th 2701 E 8th 1914 Sweetwater 2435 Sweetwater 5800 Boxer Rd 3030 PB Rd 3737 Sweetwater 3820 Cagle 241 NCB 330 NCB 700 NCB 242 E 8th 801 NCB 111 W9th 910 Hoover 1215 Wilson 1022 W Bay Mann 1445 Tidelands 525 W 20th 1701 D Ave 716 Highland 51 N Highland 300 W 28th 801 NCB 801 NCB 801 NCB 303 Palm 2005 E 4th 2005 E 4th 303 Palm 2701 E 8th 5800 Boxer Rd 1905 E Plaza 3030 PB Rd 3030 PB Rd 3820 Cagle 1914 Sweetwater 3007 Highland 700 NCB PROVIDER Urban Comm AirTouch Sprint T-Mobile Sprint Pac Bell Pac Bell Nextel Cingular Cingular Sprint AT&T T-Mobile Nextel Sprint T-Mobile Pac Bell Cingular T-Mobile Cingular GTE Metricom AT&T Nextel Sprint AirTouch Pac Bell GTE Nextel Spent Nextel AT&T Sprint Nextel AT&T Pagenet AT&T Sprint PCS Cingular GTE AirTouch Sprint Sprint Sprint PCS Nextel Verizon Sprint Cingular Nextel Skytel FILE_NO_ Radio CUP-1992-11 CDC Reso 94-28 CUP-2002-8 CUP-2003-4 CUP-2002-18 CUP-1996-6 CUP--1995-13 CUP-1999-4 CUP-2004-4 CUP-2002-13 CUP-2004-6 CUP-1996-4 CUP-2000-19 PC Reso 20-2002 CUP-2000-14 CUP-2003-16 CUP-1996-7 CUP-2002-4 CUP-2004-3 CUP-2002-6 CUP-2000-11 CUP-2000-4 CUP-2001-6 CUP-1994-8 CUP-2000-9 CUP-1995-18 CUP-1995-11 CUP-1996-5 CUP-2000-31 CUP-2001-4 CUP-2004-12 CUP-2002-14 CUP-2004-15 CUP-2003-30 CUP-1996-2 CUP-1996-12 CUP-1999-5 CUP-2001-10 CUP-2003-5 CUP-1998-4 CUP-1996-8 CUP-2000-27 PC Reso 32-2003 CUP-2001-3 CUP-1997-8 CUP-2003-13 CUP-2001-2 CUP-2002-3 CUP-2001-12 CUP-2000-30 APN 562-340-44 562 340 26 562-330-43 561-271-01 563-010-47 563-370-36 557-410-03 557-420-27 557-420-31 558-200-24 552-283-11 554-120-25 554-120-24 563-231-39 564-250-50 669-060-26 564-471-01 564-290-06 594-110-05 556-101-15 555-030-21 555-053-17 556-473-18 556-471-24 555-082-11 555-086-11 559-032-02 559-160-13 559-040-53 559-106-17 560-191-30 556-354-13 551-570-20 562-340-26 556-471-24 556-471-24 556-471-24 554-050-12 554-050-15 554-050-15 554-050-12 554-120-24 669-060-26 557-420-27 564-472-01 564-471-07 564-290-06 563-231-38 563-370-35 555-053-17 35 44 56 57 58 59w 60 61 62 63d 64 65 66p 67d 68c 69 74 70a 71 72 73 75a 76 77d 78c 79c 80 1019 Highland 1019 Highland 3820 Cagle 2701 E 8th 1035 Harbison 2005 E 4th 914 E 8th 1439 Tidelands 5800 Boxer Rd 2900 Highland 2605 Highland 1900 E Plaza 2005 Highland 1526-40 E 18th 3030 PB Rd 525 W 20th 700 NCB 2005 E 4th 3820 Cagle 5800 Boxer Rd 152 W 33rd 1800 NCB 1810 E 22nd 1548 Highland 1703 Hoover 700 Bay Marina Dr 142 E 16th Cingular Sprint PCS Cingular Cingular Nextel Nextel Cingular Cingular Cingular Cingular Cricket Cricket Cingular T-Mobite Cingular Cricket Cricket Cricket Cricket Cricket Cricket Nextel Cricket Spent-Nextel Cleawire Cleawire AT&T CUP-2002-2 CUP-2002-24 PC Reso 11-2002 PC Reso 02-2001 CUP-2005-3 CUP-2005-15 CUP-2005-10 CUP-2005-9 CUP-2005-21 CUP-2005-12 CUP-2006-11 CUP-2006-6 CUP-2006-2 CUP-2006-10 CUP-2005-24 CUP-2005-25 PC Reso 05-2000 PC Reso 09-2003 PC Reso 10-2004 PC Reso 32-2003 PC Reso 21-2002 CUP-2006-15 2007-14 CUP 2007-20 CUP 2009-22 CUP 2009-23 CUP 2010-11 CUP 556-590-61 556-590-61 564-290-06 554-120-24 558-030-30 554-050-15 556-510-12 559-040-53 669-060-26 562-200-02 563-010-47 557-420-31 561-271-01 561-222-23 564-471-07 559-106-17 555-053-17 554-050-15 564-290-06 669-060-26 562-330-43 560-203-03 561-360-35 560-131-19 560-151-20 9 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 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: 2010-31 CUP Project Location: 2005 Highland Avenue, National City, CA 91950 Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for a wireless communications facility on an existing commercial property. The project will increase signal strength and service area for AT&T customers. Applicant: Krystal Patterson for AT&T 302 State Place Escondido, CA 92029 Exempt Status: Telephone Number: (760) 715-8703 Categorical Exemption. Class 3 Section 15303 (New Construction or conversion of small structures) Reasons why project is exempt: There is no possibility that the proposed use will have a significant impact on the environment since the facility will occupy only a small portion of the 146,647 square -foot property, will be effectively screened, and will not affect use of the property. Date: MARTIN REEDER Assistant Planner 10 McORrcinATry OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. calla, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m. on Tuesday, May 3, 2011, in the City Council Chambers, 1243 National City Boulevard, National City, CA, to consider an: APPROVAL OF A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATION FACILITY AT 2005 HIGHLAND AVENUE. Applicant: AT&T Case File No. 2010-31 CUP Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council at, or prior to, the Public Hearing. April 20, 2011 Michael Ft. Dalla, CMC City Clerk 11 SD0500 Highland Office Building 2005 Highland Ave. Suite 12 National City, CA 91950 12 fisting coverage Coverage Levels: INExcellent •Variable Q Poor ■ No Coverage atslt SD0500 Highland Office Building 2005 Highland Ave. Suite 12 National City, CA 91950 Proposed coverage ,Oli r1 t vJ'i �. Af1 k �y kkty } + • at8t �•' APPROVALS a g'd g C t iig° �s Y$ [^ u4C �'us 6rRLpN0MO11 c,i,pcFNoncc:•1r1.660.14/v,6AJ>lmroaec-,,C0111•Arcvroa LMc:0 In.x-, lu IN b N,ex4N uvv Jh',Y.i.4, N.1.{ 419v! .I, tlu.L+klut..x Nerl.L Nevi ,r. J." h' kY, X»N n ai H6 a= ,. , „ c A6 Wb1'W: N.I, 1 14i'i f CA/I *es.W °AaL° A,, LEA6, TWO WS.. N14,Ad�A14H..011 , •f. aivN if } f yl li lY ;y pC } S D0500 HIGHLAND OFFICE 2005 HIGHLAND AVE. BUILDING SUITE 12 DA rE• _ AI,r A,E.Mw6:x, 01rc' RF INFORMATION GSM UMT9 Ti( Mk •BNd Pella 1Mll. t�0E2fl� NK xx...M Wit¢a. 16015E-1• 6'JY 4114 NATIONAL CITY, CA 91950 Rx .OA •!aa M0. A15.AIUNn 111),1:1Y4flu11, 111-.10•1000 NI¢ ,2,, , ,A ,,„ .111.•Illpl 4111 MAX ERR: AV w:!w 4e.rrt 11u6 w•L 54.lwu IS DRAWING INDEX DIRECTIONS PROJECT DESCRIPTION LEGAL DESCRIPTION T•1 TITLE SHEET 110110 OMuvrvrWM66a6W[(AN4Te'v M.eq.'r NMiA WMtl•LCMAAMI6:VM4rglW NCAWM:4aAi.NPNM•1/111PaWM/S.LMfM%G021.10NPVM oa 451,10 0uWI mww,an`0c0M01120 e11.1x1.TN1]NUN 0 W[/NPN(1I AAeNOeNGMHLt,00,0�Y.LufllV q�rMrar�E lice N11,11115 .4 Aeur+e,, wrcvMc asel er K NILL A MM Y1x!'OLL(M'M -1Kr.u11JIEWWMCWRE •wanumvue1iy :IwnulinLA�a v. - INAMUI1A4,l o.Aaw* . rclnAlx Nfu..xVrs:t BlfeurBNMI%Wn6 MN 01E00 6,1E 0, dIpCNNN'%1^JR9N SLLq& 401811V 01W..ueN61u BLUat la 6069p9 A.YJIVb14 01390,11Nu1100/µ,/¢Atgp la0MNln1 140 Ym;a0 MOW,IM aL1 &0,1WI A.1 OVERALL SITE PLAN A. ENLARGED EQUIPMENT &ANTENNA PLAN A a SOUTH & WEST ELEVATIONS VICINITY MAP PROJECT INFORMATION Aw NORTH & EAST ELEVATIONS Ad DETAILS, EQUIPMENT DIMENSION CONTROL & DEMOLITION PLAN Hut+ t)cc4rtlT :; a y' : / k.� ry y { ••1 14 A i ! H a•ev i•. •R F V NuI.4 S ti SI7 7� p6 e; •� / li S 14, t u h .. 6 ..� 0.A^ J !!<*L {: •' £.:.617. • ,.E;:, /, 4 i 45 SP'C r.t SrIE IdCABY 6M. YA,V.,EAVE.vuRBu WIN. IA0IN4,,,oue 1,.1 ,1,M WIN.cmaMu t P00Y•A1rtxMly c'Ncn, OB,IMHt Ilr a' Md. II 1wmAMulurlmlvl ADM...v,lwr rtr. Nw6Ar wlwbe,rc dbw an.. 61.6r/rob .uaMlmmu 6f16<71rAC11 LQILWY0 41WY.11AInv* wnOM4 CM A.Mau%wl'� R,r1�SYle Cf1'IPRA4WNO !p•u4asRC1: en..E. ea..., .. .�.M1 4ccuw+,n sA. u Ana1NVL ,Inuuw n,eF,. Ln.l c fwrAlr,A-AEr•PL va W1040NNnWcd1Aer IMANR ., 4•cN JY1rW MWdeGN•4A': p1! A n. r. . •61M.,accawwn .ln MOP 46W11 (F60 Al 1001FTI w.11,1..l 1.qAreasm M,roOAP iNf°6c d,,..... wwA '6'Me nL6�rwnw.nnw /.nm V4074V7.4 NH,. KC, MN1u1, LS•1 TOPOGRAPHIC SURVEY nl lr.QP F C APPLICABLE CODES AND STANDARDS 1I r.uN4u.7MluB 9.1.1. 94.10 Au®WCWA4/BA 740WW.1WMM1tn/RB1r EfiTM6 ABLryy.pry r,61100040001 11Wrid1111O! ID1.3NLYRM149.16•100 WNE 15. TO 44161m.6A1ewunx0AWl:tu.Gwulwr14lu,,r6NNA1GAu-111:0ytxlu xal. 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P.1,156,271, L ayy1M+ �uynulo i A.P,N.56 I-171-01 IN Rl_.El-. : maw MOW EC0•06611. Off Hiiin ealslol 1 YTlJ0 iJ (SC._� JAiHrt Are, YrIA A1GJIA.131 Fryiwi Nl ih AAA NMI • SOP•• �e010No of 7 IAA..—AAmoAEL A161. COM mom w.A'I • FRANI • se Mar er4p my, AC Anmmcb Ar.t E non. I1W R10 hltA " 6urw6 6ICTM'M.M1'M 4N 11 Cib VrNiwnY •1 N+.rte Arc CV MNNu. . MNd C ce0e9Elu[r.wmwA mu. FAA .W09 AMU. inARAVA• Art 1 OVERALL SITE PLAN 10' 0' E' 10' IMESIESCM2=5 AM 1 %0.1 I1.1 1 60/3 AVEYml ENCIUAS DUPTE 1421 WIReLEil CIIEY Omow�,C4A ram at&t MD PROS PICT MAX DRWVE RANCHO CORDOVA, CA DAM SD0500 HIGHLAND OFFICE BLDG. 209E HIGHLAND AVE. SUITE 12 NATIONAL CITY, CA 01980 AMAE)1u`r. trNMi • 'mn twlc mnzaw IAA AAR Apso MIT 1M! OVERALL 817R PLAN KAu MIT YYM6 As INTO A-1 e. Y.1mNeru Vo t. M.[6 WMtYn uxlYw O1fDaArwboo tiLro Y4i� YAYYAL TYYMM W/Cx -Mno[o[eD rrrs[ r'- Y. ron exu.w[ Nrtl. 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[ Y[.Y,lTme4 nfAOYW 410tN14W00u. •[Cre0 A[Y MOWLM YY TW con lot IP 1,AI19IN90-1,00. 4MI0o 0o400\ lep M.A/M01 YT-IIIMT YATMW WIMW, .M,•Nmlmw, 1,000104011o01I (Y,ILF.1 w1m {[jA0JF1 11, 'IlrT9. WI,rAi1 IIw AO orp 11' 14.030 VMM[q IIInR1rXM,1,M, 010.90 Or, IYYA.W PWWYM ENLARGED EQUIPMENT ROOM PLAN (1ST FLOOR) O A�' 1001 w••I•e•111.Ift I ENLARGED ANTENNA PLAN OCA L[I br•1.-e i. toe, vie••IV (11.11I 1 �wlEtt ess 5813 AVENIDA VACUA. EDIT11120 CAILSBAD, CA M00! atsit ]tt1 PNQIPICT PAIN DANA RANC110 C0IDCVA, CA 1A0T0 SD0500 HIGHLAND OFFICE BLDG. 2005 HIGHLAND AVE. SURE 12 NATIONAL CITY, CA 91960 [wc eWVT'V twDN smart 111L0 ENLARCON EOUE$9INT L ANTENNA PLAN MINOT .tires Y0110 A-2 1) y:S%tt' LINV" Y Yiv. PMMi. �exucu0 »1wuRacxn 6CRWIW.µ iFYd01 M-zs In COUDIMLev= ., .. reRR [ vs vrN ae LL.� w.. no wl« Onn.= i .0.aln .IMMBAGM want. r.raww ,1 r L MMpY.i.i ILLLPGIiL iGImLIIP.1RbLf—I .4[Y„,. TLLURG. ,A - Itnoimrr[1m... wlr.o, ao a,M� J xwxlLerom[+w P1wwLRe<u6wa6 PIIwCGPL.f.12.4. n MOW"' /44.11.41414444.41 ma lmrw MOMNO 41,44, ..[i MaCni4 :u u0:wiili[L®MI xpyp llla W WAN rq CI .nwam fttl: 4.4: v.l.vn .N.vsa 'i Me Or,. d Mow[olnO+op ,. WI. p lnlMu.ln weou• nOro L�. �a�v.eti I N{ V moms., wAM.LLQSf [uv., - .a S .J, SOUTH ELEVATION 2006 r•-- a L wancc i new wuL;wewl MVOPV IIMFlwco. l»nRYMtw NC [JIPR n•Ie .Mr.Wllow.w flSTh Laowosiw w[ PYInvo Rgm nmwP �imm� If.. w... e[ee i•ar: wn..r MU.u[ IL•gPar n.. Y� rem, ow 0:.10 1veP evneI7> e ' ox MOroe[u=•. IMo•Drli�°�i 8 WEST ELEVATION 10.1 w.• a<•PI.In 2 Wl*EL16I gems AVP1E.A teleOOW SUITE 14111 CAR LDA 0, CA 02060 aLwun a l&i 1710 PROIPECI PARR DRIVE RANCHO COILDOVA, CA 26Q0 SD0500 HIGHLAND OFFICE BLDG. 200E HIGHLAND AVE. SUITE 12 NATIONAL CITY, CA 111930 NVINVIN Y4v.cyr .4 MN. ILwmio I.R1W.G on+xwu Onli oPWIIWYfI BY .MRfl VTR. SOUTH S WEST ELEVATIONS NCNB wen MANOR AJ A w,.erelw..n,Wm.4r Y DLV,iiY AK F ;11.'fP uVN N mr.n W rlgrpEDP\"---r.E 4A'LILV N'P Yh F itEY.YP� �PYNI YYWW M •MOa®rAM, WId,a I, MR SEC,. . i SECTOR,. ll.IR41 .uni nn uV•Nwaa. F�IlE �e in Noruwer..clm R IVO,. i- RRII W / 0ZOKI .�I nr ExIPmK M1T W'.wu K,V.IV.IV'<A rrP w W¢Tmnulc � NORTH ELEVATION wul vE-n V'1.34436 IVNI ,lr.1•o-II4,D 1 oA^I,erVv lAa�. �llW W41 mY1WO110G17. CTLVIMII WTgFi EiOVY 1 MY1 Wt. 0A11(10 WT. EOIW NAP* rMM 4 910172."°""KE ""rsl :v@I W11MvaI PQDTF341,f1A4A wr'PN°'EDucio reA. coma. ro -., 1, n rHEo10ND Ark! en mo.nm Anrnf.nsaAla1,)m �` ll rerun. eau.. wu. mnna FlOna uu1Y1C4,«4 Ari..arraA r 1 `flflG ie i50*M1OmSnw1E R----MEp0MOOAx tNE NYpd J 7nnol. i.e[.W IIMWI OE mown. r.rwN our Awe ewl iwl eYf lwre a 100.01 nau <AVM .nnmawNn AUMw 0 Eicumn ormM0Mvnw.'1Niw$EG J. -Ii F.H V Nr10M".."" 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C5 B 1050 555 DIEGD COUH'E s0ro m¢ IOPOCRAPHIC SURVEY SHE 0UHBEP LS-1 4IR 1 Or CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 3, 2011 AGENDA ITEM NO. 15 ;M TITLE: Public Hearing on the 2011-2012 Annual Action Plan for the United States Department of Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Programs that includes a reallocation of $476,988 in unexpended CDBG funds, $38,325 in CDBG Program income, and $75,167 in HOME Program income. (Community Development, Housing and Grants) PREPARED BY: Carlos J. Aguirre* DEPARTMEN omm PHONE: (619) 336-4391 APPROVED B : EXPLANATION: The Annual Action Plan for FY 2011-2012 outlines how the City plans to expend $986,238 in federal Community Development Block Grant funds (CDBG) and $560,971 in HOME Investment Partnerships (HOME) Program funds. In addition to the funding sources noted above, the City will also reallocate $476,988 of CDBG funds that remain from previous year activities, $38,325 in CDBG program income and in $75,167 in HOME Program Income. In order to obtain the views of residents, public agencies, and other interested parties, the City of National City placed the draft Annual Action Plan for FY 2011-2012 for public comment on the City website and on public display at the Office of the City Clerk beginning Monday, March 28, 2011 and ending Wednesday April 27, 2011. The purpose of the final public hearing is to review any comments received during the 30-day public review and comment period. In addition, interested persons and community groups will be provided with one last opportunity to share their thoughts and comments regarding these plans. All comments received will be incorporated into the final plan that will be submitted to HUD, no later than May 12, 2011. After all public comments are considered at the final public hearing, the will take final action on funding recommendations made for CDBG and IIOME Program activities listed in the Annual on Plan. De elopment FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS An estimated $986,238 in CDBG and $560,971 in HOME funds appropriated. The City will also reallocate $476,988 of CDBG funds from previous activities closed, $38,325 in CDBG program income and $75,167 in HOME Program income. ENVIRONMENTAL REVIEW: The development of the Annual Action Plan is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Conduct the Public Hearing. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: 1: Notice of Public Hearing 1VO. 2: FY2011-2012 Annual Action Plan- Draft No. 3: FY2011-2012 Annual Action Plan Activities (based on HUD estimates released on April 25, 2011) Attachment No. 1 PUBLIC NOTICE CITY OF NATIONAL CITY 30 DAY PUBLIC REVIEW PERIOD AND FINAL PUBLIC HEARING FOR THE DRAFT FY 2011-2012 ANNUAL ACTION PLAN Notice is hereby given by the City of National City that the draft Annual Action Plan for FY 2011-2012 has been prepared. The Consolidated Annual Action Plan for FY 2011-2012 outlines how the City plans to expend an estimated $1,188,660 in federal Community Development Block Grant funds (CDBG) and $636,617 in HOME Investment Partnerships (HOME) Program funds. In addition to the funding sources noted above, the City intends to reallocate an estimated $476,988 of CDBG funds from previous year activities and $38,325 in CDBG Program income. In accordance with the federal regulations at 24 CFR, Part 91, the City of National City is required to prepare and submit an Annual Action Plan for its Housing and Community Development Programs to the U.S. Department of Housing and Urban Development (IIUD). In order to obtain the views of residents, public agencies, and other interested parties, the City of National City has placed a copy of the draft Annual Action Plan for FY 2011-2012 at the Office of the City Clerk, 1243 National City Blvd., First Floor, National City, during normal operational hours beginning Monday, March 28, 2011. The document will also be available on the City's website at www.nationalcitvca.gov through the Housing and Grants Division's CDBG and I IOME Program webpage. The information will be available for public review for 30 days. Public comment on the draft Annual Action Plan for FY 2011-2012 can be directed to the City of National City Community Development Department, Housing and Grants Division, 1243 National City Blvd., National City. CA 91950 or by email to housing@nationalcityca.gov. The FY 2011-2012 Annual Action Plan contain the following major components: 1. Identification of federal and non-federal resources reasonably expected to be made available during the FY 2011-2012 program year. 2. A list of activities to be undertaken during the FY 2011-2012 program year to address community development and housing needs. 3. Identification of homeless and special needs activities to be undertaken during the FY 2011-2012 program year to address identified needs within the City. Notice is hereby given that the City of National City will hold the last of two public hearings on Tuesday, May 3, 2011 at 6:00 p.m. at Council Chambers, on the second floor of City Hall, 1243 National City Blvd., to obtain final comments on the proposed use of funds for FY 2011-2012. Persons interested in the use of the above identified funding sources are encouraged to attend the final public hearing and provide oral or written testimony. The final FY 2011-2012 Annual Action Plan will be submitted to IIUD for review and acceptance on or before May 15, 2011. For more information regarding this process, please contact the Housing and Grants Division at (619) 336- 4391. Hearing impaired persons please use the CAL Relay Service Number 711. City facilities are wheelchair accessible. Please contact the Office of the City Clerk at (619) 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. Asistencia en Espanol: Para que le interpreten la information en Espanol, flame al (619) 336-4391. Chris Zapata, City Manager City of National City Publish: The San Diego Union Tribune Date: Monday, March 28, 2011 Attachment No. 2 Fiscal Year 0 2O1$ Annual Ac o DRAFT MARCH 20 Attachment No. 2: Draft Annual Action Plan Table of Contents Page Executive Summary 1 General Questions 6 1. Geographic Areas 6 2. Basis for Allocating Investments 10 3. Addressing Obstacles to Meet Underserved Needs 11 4. Available Resources to Meet Priority Needs 11 Managing the Process 13 1. Lead Agency 13 2. Plan Development Process 13 3. Actions to Enhance Coordination between Agencies 14 Citizen Participation 15 1. Citizen Participation Process 15 2. Comments Received 15 3. Efforts to Broaden Public Participation 16 4. Comments Not Accepted 16 Institutional Structure 17 1. Institutional Structure 17 Monitoring 18 1. Monitoring 18 Lead -based Paint 21 1. Actions to Evaluate and Reduce Lead -Based Paint Hazards 22 Specific Housing Objectives 22 1. Housing Priorities and Specific Objectives 22 2. Federal, State, and Local Public and Private Sector Resources 24 Needs of Public Housing 24 1. Public Housing Needs 25 2. Status of Public Housing Agency 25 Barriers to Affordable Housing 25 1. Removing Barriers to Affordable Housing 25 HOME/American Dream Down payment Initiative (ADDI) 26 1. Other Forms of Investments 27 2. Guidelines for Resale or Recapture 27 3. Guidelines for Refinancing 28 4. Use of ADDI Funds 28 Specific Homeless Prevention Elements 28 1. Sources of Funds 29 2. Homelessness 29 3. Chronic Homelessness 30 4. Homelessness Prevention 31 5. Discharge Coordination Policy 32 Emergency Shelter Grants (ESG) 32 Community Development 33 1. Community Development Priority Needs 33 2. Specific Long -Term and Short -Term Community Development Objectives 35 Antipoverty Strategy 36 1. Antipoverty Strategy 36 Second Program Year Action Plan i Version 2.0 Attachment No. 2: Draft Annual Action Plan National City Page Non -homeless Special Needs (91.220 (c) and (e)) 37 1. Non -Homeless Special Needs Priorities and Objectives 38 2. Use of Federal, State, and Local Resources 38 Housing Opportunities for People with AIDS 38 Specific HOPWA Objectives 40 Appendices Appendix A: Projects Workbook Appendix B: Proof of Publication Appendix C: Certifications List of Tables Table ES-1: Quantified Objectives for the Use of CDBG and HOME funds over the Five -Year Consolidated Plan Period 2 Table ES-2: Program Year 2 (2011-2012) Action Plan Programs, Activities and Funding Allocations 3 Table ES-3: National Objectives and Performance Outcomes 5 Table 1: Low- and Moderate -Income Block Groups and Census Tracts 7 Table 2: Service Areas/Census Tracts and CDBG/HOME Funding Allocations 9 Table 3: Programs for Primary Underserved Population Groups 11 Table 4: Federal, State, County, and Local Resources 13 Table 6: Consolidated Plan Five -Year Housing Priorities and Objectives 23 Table 7: Affordable Housing Projects/Units in National City 26 Table 8: National City HOME Match Reduction 2009 and 2010 28 Table 9: Consolidated Plan Five -Year Community Development Priorities and Objectives 34 List of Figures Figure 1: Low- and Moderate -Income Areas 8 Figure 2: National City Organization Chart 17 Second Program Year Action Plan ii Version 2.0 Attachment No. 2: Draft Annual Action Plan €wro * II li * Second Program Year �49 oEVF�w Action Plan Narrative Responses Executive Summary This second year Action Plan describes the eligible programs, projects, and activities National City will undertake during the program year (Fiscal Year 2011-2012) and their relationship to the priority housing and community development needs identified in the 2010-2015 Consolidated Plan. The City of National City receives Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) program funds as a direct entitlement from the U. S. Department of Housing and Urban Development (HUD) Office of Community Planning and Development (CPD) for eligible programs, projects, and activities. The CDBG and HOME programs are primarily designed to assist low- and moderate -income households by providing affordable housing, revitalizing neighborhoods, and creating employment opportunities through economic development projects and activities. This Action Plan delineates the City of National City's uses of CPD program funds for Fiscal Year (FY) 2011-2012 as allocated by HUD. In addition, the City has funds remaining from previously funded HUD sources to be reallocated in FY 2011-2012. The City of National City expects to utilize up to $1,188,660 in new CDBG funds in addition to $476,988 reallocated from prior year funds, $38,325 in CDBG program income, and $636,617 in HOME funds. Program funds reallocated from previous years into FY 2011-2012 will be used in accordance with all applicable HUD regulations. All projects and programs funded in this second year of National City's 2010-2015 Consolidated Plan will: 1) provide decent affordable housing, 2) create suitable living environments, or 3) create employment opportunities. A total of $XXXXX will be devoted to housing activities, including housing rehabilitation or the development of affordable housing units; $XXXXX will be expended for street and neighborhood improvements, public facilities improvements, and infrastructure improvement projects; $XXXXX will be allocated for public service initiatives; and $XXXXX will be used to foster economic development through the provision of technical assistance and training services for businesses in the community. All of these activities will improve the availability and accessibility of housing and services for low/moderate income persons, improve the affordability of housing and/or enhance the sustainability of our communities. National City's quantified objectives for 2010 to 2015, as identified in the 2010-2015 Consolidated Plan, are summarized below. Second Program Year Action Plan 1 Version 2.0 Attachment No. 2: Draft Annual Action Plan National City Table ES-1: Quantified Objectives for the Use of CDBG and HOME funds over the Five -Year Consolidated Plan Period SPECIFIC F1C? IELESS AND SPECIAL NEEDS POP!I4!ATIONS BJECTIVES TO BE FONDED,WITH CDBG FUND. (UNLESS OTHERWISE NOTED NEEDS CATEGORY FIVE YEAR SPECIFIC, OBJECTIVES: Homeless Provide assistance to 300 persons through assistance to agencies and organizations that provide services to the homeless and persons at risk of homelessness, and through participation in the San Diego Continuum of Care System. Identified funding sources to meet this objective include Homeless Prevention and Rapid Re -housing Program (HPRP) funds. Youth Low -Income and any Special Needs Group Assist 5,100 youth through the provision of public services. Assist 3,000 persons or households through the provision of public services for lower -income and special needs populations as identified on a yearly basis. SPECIFIC'BOUSING,OBJECTIVES TO BE FUNDEDWITF CDBG AND HOME FUNDS NEEDS CATEGORY FIVE YEAR SPECIFIC OBJECTIVES Low Income Homeowners and Renters Provide funding for minor rehabilitation of 50 housing units. Low- and Moderate -Income Homeowners Provide funding to rehabilitate/repair 15 single-family housing units. Low- and Moderate Income Renters Provide funding to rehabilitate 12 mufti -family housing units. Low- and Moderate -Income Households Assist 150 housing units with technical assistance regarding code enforcement and violations. Low- and Moderate Income Households Provide homeownership assistance to 33 households. Low- and Moderate Income Households Provide fair housing services to 250 persons. Low- and Moderate -Income Households Support the rehabilitation and/or construction of 50 affordable housing units. SPECIFIC COMMUNITY DEVELOPMENT OBJECTIVES TO BE FUNDED WITH CDBG AND HOME FUNDS NEEDS CATEGORY =, FIVE YEAR SPECIFIC OBJECTIVES Low- and Moderate -Income Households Pursue 15 improvement projects to parks, recreational, and communit facilities. Low- and Moderate Income Households; Disabled Pursue 17 improvement projects to infrastructure: 2 flood control and 15 street improvements. Second Program Year Action Plan 2 Version 2.0 Attachment No. 2: Draft Annual Action Plan National City The programs and activities for this second program year are consistent with the objectives of the 2010-2015 Consolidated Plan. Below is a summary of National City's FY 2011-2012 Action Plan programs and activities and their relative objectives and outcomes. (See the description of National Objectives and Performance Outcomes at the end of this summary.) Table ES-2: Program Year 2 (FY 2011-2012) Action Plan Programs, Activities and Funding Allocations •CDBG PROGRAM ENTITLEMENT T iriclud n $x onoock reallocated funds andxxxxxxxfrom program income} , $xaixxxxxx�e AGELY Y NAMEfAC:IIVITY ANE (RANK) ii OBJECTIVE /OUTCOME' PROPOSEI) CDBG"FUNDING NUMBER TO . BE SERVED PUBLIC SERVICES 1 City of National City Community Services Department/George H. Waters Nutrition Program (7) SL-1 2,800 persons $ 21,841.00 2 City of National City Community Services Department/Learn to Swim (5) SL-1 90 persons $ 32,856.00 3 City of National City Community Services Department/"Supreme Teens"(6) SL-1 75 persons $ 20,000.00 4 City of National City Community Services Department/Tiny Tots (2) SL-1 30 persons $ 29,337.00 5 City of National City Public Library/Literacy Services (1) EO-1 150 persons $ 52,000.00 6 South Bay Community Services/NC Police Dept. Support Services Juvenile Diversion Program (3) SL-1 55 persons $ 20,000.00 7 Trauma Intervention Programs of San Diego County, Inc./Trauma Intervention Program (4) SL-1 800 households or 4,000 persons $ 8,000.00 TOTAL PUBLIC SERVICES FUNDING $ 184,034.00 PUBLIC FACILITES AND INFRASTRUCTURE SL-1 Public Infrastructure Improvements 8 City of National City Development Services Department/ADA Park Improvements (8) $ 241,873.00 9 City of National City Development Services Department/Pedestrian Safety and Accessibility Enhancements on E. 8 Street near Seventh-Day Adventists Church and Paradise Valley Hospital (7) SL-1 Public Infrastructure Improvements $ 100,000.00 10 City of National City Development Services Department/Pedestrian Safety and Accessibility Enhancements for National City Public Library - National City Blvd. and E. 15' St. (9) SL-1 Public Infrastructure Improvements $ 120,000.00 11 City of National City Development Services Department/Pedestrian Safety and Accessibility Enhancements at Sweetwater High School - F Ave & E. 30" St (10) SL-1 Public Infrastructure Improvements $ 150,000.00 12 City of National City Development Services Department/Storm Drain Improvements (2) SL-1 Public Infrastructure Improvements $ 100,000.00 13 City of National City Development Services Department/Upgrade Substandard Pedestrian Ramps, Sidewalk, Curb, and Gutter Concrete SL-1 Public Infrastructure Improvements $ 200,000.00 Second Program Year Action Plan 3 Version 2.0 Attachment No. 2: Draft Annual Action Plan National City Table ES-2: Program Year 2 (FY 2011-2012) Action Plan Programs, Activities and Funding Allocations CDBG PRQG WEI+tTITLEMEN+ {including $xxxxxkx reallooate4 program income) T funds and xxxxxxx _ frxsrrt ,$xxxxxxxxx AGEt!iC - NAME/ACTIVITY Hl NAME (RANK) . = I iB3EOE VE /OUTCOME PROPOSED tIk1MBER TO BE SERVED ' ': CDBG FUNDING Improvements (3) 14 City of National City Neighborhood Services Department/Neighborhood Preservation (6) SL-1 1636 persons $ 30,000.00 15 City of National City Public Works Department/Exercise Stations at Kimball Park for a Healthier National City (13) SL-1 1 Public Facility Improvement $ 36,000.00 16 La Maestra Family Clinic, Inc./La Maestra Dental Clinic, National City (12) SL-1 1 Public Facility Improvement $ 20,000.00 17 Olivewood Gardens and Learning Center/Signage for Olivewood Gardens (5) SL-3 1 Public Facility Improvement $ 20,000,00 TOTAL PUBLIC FACILITIES AND INFRASTRUCTURE FUNDING $ 1,017,873.00 HOUSING ACTIVITIES 18 Environmental Health Coalition/Making Healthy Homes Energy Efficient Round II (4) DH-1 50 households $ 80,027.00 TOTAL HOUSING ACTIVITIES FUNDING $ 80,027.00 OTHER: CODE ENFORCEMENT 19 City of National City Community Development Department/National City Housing Inspection Program (1) SI-1 125 households $ 151,520.00 TOTAL CODE ENFORCEMENT FUNDING $ 151,570.00 OTHER: INTERIM ASSISTANCE 20 Christmas in July * National City/City Cleanup (11) SL 3 3 events $ 25,000.00 TOTAL INTERIM ASSISTANCE FUNDING $ 25,000.00 PROGRAM PLANNING AND ADMINISTRATION 21 City of National City Community Development Department/CDBG Program Administration (n/a) SL-1 N/A $ 184,732.00 22 City of National City Community Services Department /Neighborhood Councils Program (n/a) SL-1 N/A $ 15 000.00 23 Fair Housing Council of San Diego/Fair Housing and Tenant -Landlord Education Services (n/a) SL-1 N/A $ 38 000.00 TOTAL PLANNING AND ADMINISTRATION FUNDING $ 237,732.00 Program Year 2: 2011-2012 Action Plan Programs, Activities and Funding Allocations HOME PROGRAM ENTITLEMENT $ 636,617.00 # AGENCY NAME/ACTIVITY NAME OBJECTIVE /OUTCOME PROPOSED NUMBER TO BE SERVED CDBG FUNDINGi` AFFORDABLE HOUSING 24 City of National City - Community Development Department/Housing Development Fund DIi-2 N/A $ 572,956.00 TOTAL AFFORDABLE HOUSING FUNDING $ 572,956.00 PROGRAM PLANNING AND ADMINISTRATION Second Program Year Action Plan 4 Version 2.0 Attachment No. 2: Draft Annual Action Plan National City 25 R IG[tANIJ City of National City Community Development Department/HOME Program Administration SL-1 PRtPOSEDr NWiBER TO' BE SERVED N/A TOTAL PLANNING AND ADMINISTRATION FUNDING G; 7. CDBG FUNDING $ 63,661.00 $ 63,661.00 The national objectives and related performance outcomes used to measure specific annual objectives are described in Table ES-3 below. Table ES-3: National Objectives and Performance Outcomes National Objectives PerfoormanCe'Criteria %,, Suitable Living Enirironment Decent Housing Economic Opportunity Availability/Accessibility SL-1 DH-1 EO-1 Affordability SL-2 DH-2 EO-2 Sustainability SL-3 DI-I-3 EO-3 Second Program Year Action Plan 5 Version 2.0 Attachment No. 2: Draft Annual Action Plan National City General Questions 1. Describe the geographic areas of the jurisdiction (including areas of low-income'' families and/or racial/minority concentration) in which assistance will be directed during the next year. Where appropriate, the jurisdiction should estimate the percentage of funds the jurisdiction plans to dedicate to target areas. 2. Describe the basis for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA) (91.215[a][1]) during the next year and the rationale for assigning the priorities. 3. Describe actions that will take place during the next year to address obstacles to meeting underserved needs. 4. Identify the federal, state, and local resources expected to be made available to address the needs identified in the plan. Federal resources should include Section 8 funds made available to the jurisdiction, Low -Income Housing Tax Credits, and competitive McKinney-Vento Homeless Assistance Act funds expected to be available to address priority needs and specific objectives identified in the strategic plan. Program Year 2 Action Plan General Questions response: 1. Geographic Areas National City encompasses 9.2 square miles, with an estimated population of 56,522 people in 2009, according to the California Department of Finance. The City is bordered by the City of San Diego to the north and east, the City of Chula Vista to the south, the unincorporated areas of Lincoln Acres and Bonita to the south and southeast, and the San Diego Bay to the west. In National City, affordable housing and community development improvements are needed citywide to create a decent living environment for residents and community members. As shown in Table 1 and Figure 1, the majority of the City is comprised of Census tracts and Census block groups that qualify as low- and moderate -income per U.S. Department of Housing and Urban Development (HUD) guidelines. Low- and moderate -income areas are those with more than 51 percent of the population earning less than 80 percent of the Area Median Income (AMI). These areas are eligible for funding through the CPD programs. Second Program Year Action Plan 6 Version 2.0 Attachment No. 2: Draft Annual Action Plan National City Table 1: Low- and Moderate -Income Block Groups and Census Tracts 3 MSYyY Ii �.l y9 E OG1C av Lou t o�[eta y�.,�aw-i - a Ry-tt - » I 003202 2 130 158 82.3 003204 1 42 117 35.9 003204 2 724 1647 44.0 003207 1 227 422 53.8 011400 1 400 493 81.1 011400 2 978 1223 80.0 011500 1 141 177 79.7 011601 1 1214 1565 77.6 011601 2 1120 1523 73.5 011601 3 2742 3036 90.3 011602 1 1333 1945 68.5 011602 2 951 1119 85.0 011700 1 1215 2287 53.1 011700 2 1208 1639 73.7 011700 3 1123 1392 80.7 011700 4 887 956 92.8 011801 1 743 1028 72.3 011801 2 811 1043 77.8 011801 3 927 1184 78.3 011801 4 425 690 61.6 011802 1 3384 4410 76.7 011802 2 1630 2065 78.9 011901 1 1105 1440 76.7 011902 1 438 1114 39.3 011902 2 762 1474 51.7 011902 3 569 1101 51.7 011902 4 311 986 31.5 012001 1 1536 2286 67.2 012002 1 552 909 60.7 012002 2 1782 2339 76.2 012003 1 482 906 53.2 012003 2 1045 2040 51.2 012101 1 254 623 40.8 012101 2 972 1576 61.7 012102 1 1676 2715 61.7 012102 2 280 548 51.1 012200 012500 1 196 252 77.8 2 445 618 72.0 Note: Block groups below low- or moderate -income threshold (51 percent of households) are depicted in grey. Source: U.S. Department of Housing and Urban Development National Data Set, 2009. Second Program Year Action Plan 7 Version 2.0 Attachment No. 2: Draft Annual Action Plan National City Figure 1: Low- and Moderate -Income Areas Low- and Moderate -Income Areas Less than 51.1 % (not a low- and moderate -income area) 51 1% - 75 0% low- and moderate -income population 75.1% and greater low- and moderate -income population Base Map —0 - National City Boundary Freeway Major Roads Roads San Diego Trolley Line/Station San Diego Bay Water Courses POTOMAC. ST' Source: U.S Department of Housing and Urban Development, 2009. Second Program Year Action Plan 8 Version 2.0 Attachment No. 2: Draft Annual Action Plan National City The geographic distribution of funding for National City's proposed projects is as follows. • Housing assistance programs funded with CDBG and HOME funds are generally available on a citywide basis (subject to program guidelines) to low - and moderate -income residents and persons with special needs. These programs include homeownership assistance, rehabilitation of owner -occupied and rental housing, and affordable rental housing development (Table 2). • Homeless, special needs, and public service assistance are available to National City residents on a citywide basis, based on income level or special needs status (Table 2). These supportive services are offered by specific agencies and organizations at their locations. • Public improvement projects utilizing CDBG funds, such as eligible public infrastructure and public facilities projects, take place in low- and moderate - income areas (defined by Census block groups and indicated in Table 2). • Economic development assistance is generally available throughout the entire City based on the number of jobs created or retained and income level of applicants receiving assistance. Certain economic development activities, such as commercial rehabilitation, may also be funded if the businesses are located in eligible low- and moderate -income Census tracts. The geographic distribution of specific FY 2011-2012 CDBG- and HOME -funded activities is depicted in Table 2. Table 2: Service Areas/Census Tracts and CDBG/HOME Funding Allocations o1 C©B f ra Entitlement 4 " ealiocation Public Facilities and Infrastructure Activity/Program Service Area/ Census Tracts Funding Amount 0/0 of Funds Public Services Public Services continued Housing Program/Services Activity/Program Service Area/ Census Tracts Funding Amount 0/0 of Funds Second Program Year Action Plan 9 Version 2.0 Attachment No. 2: Draft Annual Action Plan National City Table 2: Service Areas/Census Tracts and CDBG/HOME Funding Allocations �r kYtli 2fcEi�t3glem l ✓ £ 4z x }S y Si ly , �, ���,x�� ,�� N 8 �.�� ���n��G rrrtl,ReallQcatr�n'�= Economic Development Activity/Program Service Area/ Census Tracts Funding Amount % of Funds Other: CodeEnforcement Activity/Program Service Area/ Census Tracts Funding Amount % of Funds Other: Interim Assistance Activity/Program Service Area/ Census Tracts Funding Amount 0/0 of Funds Program Planning and Administration Activity/Program Service Area/ Census Tracts Funding Amount % of Funds -2OU2=Hl ME-PrograYn n ►dement: $,63Cy. '' Affordable Housing Activities Activity/Program Service Area/ Census Tracts Funding Amount % of Funds HOME l rogratti.Entittement ., $63 Affordable Housing Activities continued Activity/Program Service Area/ Census Tracts Funding Amount % of Funds Program Planning and Administration Activity/Program Service Area/ Census Tracts Funding Amount % of Funds 2. Basis for Allocating Investments The priority needs and objectives identified in the City's 2010-2015 Consolidated Plan provide the basis for the allocation of CDBG and HOME program funds for FY 2011-2012. The priority housing needs, priority homeless needs, priority special needs populations, and priority non -housing community development needs identified in the Consolidated Plan were established under the guidance of national objectives and performance outcomes as described by HUD. In addition, relative priorities and target funding proportions were established through the identification of needs obtained through public outreach efforts in compliance with the City's adopted Public Participation Plan. The City considered a variety of criteria in establishing priorities, including urgency of needs, cost Second Program Year Action Plan 10 Version 2.0 Attachment No. 2: Draft Annual Action Plan National City efficiency, eligibility of activities/programs, availability of other funding sources to address specific needs, funding program limitations, capacity and authority for implementing actions, and consistency with citywide goals, policies, and efforts. The priorities established in the 2010-2015 Consolidated Plan are: Housing Priorities • Conserve and improve affordable housing. • Provide first-time homebuyer opportunities. • Support new affordable housing construction. • Promote equal housing opportunity. • Preserve assisted housing at risk of converting to market rate. • Support housing and services for homeless and persons at risk of homelessness. Community Development Priorities • Provide for new and improve existing community facilities. • Provide for needed infrastructure improvements in low- and moderate -income areas. • Provide for needed community and supportive services for moderate- and low-income persons and those with special needs. • Provide for necessary planning activities. 3. Addressing Obstacles to Meet Underserved Needs National City's most underserved groups are primarily low-income families, youth, and the homeless. The primary obstacle to meeting the needs of these population groups is the general lack of funding resources available to the public and private agencies providing services to meet the needs. For FY 2011-2012, the City is committed to allocate the maximum allowable level CDBG and HOME funds to provide services and programs to meet the needs of the underserved populations. In addition, the City will continue to leverage its resources to the greatest extent possible and continue to seek additional resources to meet priority needs of the community. Table 3 includes a list of specific programs that will be funded with HUD funds during FY 2011-2012 to meet the needs of the primary underserved population groups in National City. 4. Available Resources to Meet Priority Needs Given the City's large number of low- and moderate -income residents, the need for programs far exceeds the funding capacity of the CDBG and HOME programs. To help leverage CDBG and HOME funds in the provision of housing and community development activities, the City relies on a variety of funding resources. Major sources of funding available to the City for implementing its housing and community development activities include: Second Program Year Action Plan 11 Version 2.0 Attachment No. 2: Draft Annual Action Plan National City Community Development Block Grants (CDBG): CDBG funding is awarded to the City on a formula basis for housing and community development activities. The City's allocated entitlement for FY 2011-2012 is $1,188,660. HOME Investment Partnership Act (HOME): HOME is a flexible grant program awarded to the City on a formula basis for expanding affordable housing opportunities. The City's allocated entitlement for FY 2011-2012 is $636,617. Other funding sources are available to the City but not addressed in this planning document. Community development, housing, and economic development goals can be met with supplemental funds that are provided by the state and federal government to leverage with federal funds from such programs as those below. Redevelopment Tax Increment Funds: Tax increment funds generated by the National City Redevelopment Agency can be used to facilitate the removal of blighting conditions in Redevelopment Project Areas. Twenty percent of the tax increment funds are set aside for affordable housing activities. The California Governor has proposed to take redevelopment funds from local agencies to fill the state budget shortfalls. Local jurisdictions are challenging this decision and depending on the outcome of the pending lawsuit, the City of National City, along with all California jurisdictions with redevelopment agencies, will potentially face a significant loss in redevelopment funds. Section 8: The Section 8 Rental Voucher Program is authorized by the U.S. Housing Act of 1937, and is overseen by HUD's Office of Public and Indian Housing. The National City Housing Authority administers the local Section 8 Housing Choice Voucher Rental Assistance Program, providing rental assistance payments to owners of private market -rate units on behalf of low-income tenants. SuperNOFA Continuum of Care Homeless Assistance Program: Grants awarded to San Diego County to implement a broad range of activities which benefit homeless persons. For the 2008 application, the county (including service providers) was awarded $4.3 million. Housing Opportunity for Persons with AIDS (HOPWA): The HOPWA program also provides means for development. There is funding available for the housing, and related support -service needs, of low-income persons living with human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS). The City of San Diego receives HOPWA funding on behalf of San Diego County, as the largest jurisdiction in the County. San Diego receives approximately $2.5 million annually in HOPWA funding. The City has estimated the potential amounts of the funding sources discussed above that are reasonably anticipated to be available to meet the needs identified in the 2010-2015 Consolidated Plan. Table 4 provides a detailed summary of the estimated funding resources available to National City in FY 2011-2012 to leverage CDBG and HOME funds in the provision of housing and community development activities. Second Program Year Action Plan 12 Version 2.0 Attachment No. 2: Draft Annual Action Plan National City Managing the Process 1. Identify the lead agency, entity, and agencies responsible for administering programs covered by the consolidated plan. 2. Identify the significant aspects of the process by which the plan was developed, and the agencies, groups, organizations, and others who participated in the process. 3. Describe actions that will take place during the next year to enhance coordination between public and private housing, health, and social service agencies. Program Year 2 Action Plan Managing the Process response: 1. Lead Agency There are many organizations that play key roles in implementing the City's Five - Year Consolidated Plan and Annual Action Plans. The City of National City Community Development Department (CDD) serves as the lead agency coordinating these organizations and the consolidated planning and application submission process. The CDD is composed of four divisions: Economic Development, Housing and Grants, Re - Development Services, and Neighborhood Services. The CDD oversees the programs funded by the Consolidated Plan and prepares the City's Annual Action Plan (AAP) and Consolidated Annual Performance Evaluation and Review (CAPER). The National City Finance Department is responsible for the accounting of the CDBG and HOME funds. The Housing and Grants Division is responsible for administering the programs funded by CDBG and HOME funds and will oversee the City's Housing Authority, which administers the Section 8 program for the City. 2. Plan Development Process An integral part of the development of both the Consolidated Plan and the annual Action Plan is public participation. The Consolidated Plan was developed through an extensive participatory process. To gauge the nature and extent of needs to help the City prioritize the uses of limited CDBG and HOME funds for the five-year period, the City used a number of research methods: • Analysis of demographic and housing market characteristics and their impacts on housing and community development needs using statistical and empirical data; • Housing and Community Development Needs Survey completed by residents; • A community workshop; and • Interviews with agencies and social service providers. A broad section of the community was invited to the community meeting through advertisements from the Neighborhood Councils. Nearly two dozen residents and service providers attended. A total of 120 surveys were returned from National City Second Program Year Action Plan 13 Version 2.0 Attachment No. 2: Draft Annual Action Plan National City residents, including a portion from Sweetwater High School students. Six individual interviews were held with service providers to provide more insight on the needs of special needs groups. The City maintains a contact list of interested parties; Notices of Funding Availability are sent to these parties. Applicants for funding are provided with technical assistance training that ensures not only eligibility and compliance with HUD regulations but it also provides applicants with support in creating a competitive application. In addition, public notices are published local newspapers announcing the CDBG/HOME application funding process. For FY 2011-2012, the City received applications from 18 nonprofit agencies. Table 4 on page 16 illustrates the public participation opportunities provided during the development of the FY 2011-2012 Action Plan. 3. Actions to Enhance Coordination between Agencies During FY 2011-2012, the City will take the following actions to enhance coordination between agencies: • As appropriate, City staff participates in boards, commissions, task forces, and committees formed for various purposes. For example, National City is represented or participates in the following: o Fair Housing Commission o Regional Task Force on the Homeless, Inc. o San Diego Association of Governments Technical Committee o Community Reinvestment Task Force o San Diego Area Housing and Finance Agency o San Diego Housing Federation • Target available CDBG funding to those areas and populations exhibiting the greatest need. • Encourage social service providers to work with developers and CHDOs to provide service -enriched housing. Services may include healthcare referrals, financial counseling, and/or case management. • Assist county, state, federal, educational, and private organizations involved in economic development and job training in targeting their efforts toward those areas of National City exhibiting the greatest need. Second Program Year Action Plan 14 Version 2.0 Attachment No. 2: Draft Annual Action Plan National City Citizen Participation 1. Provide a summary of the citizen participation process. 2. Provide a summary of citizen comments or views on the plan. 3. Provide a summary of efforts made to broaden public participation in the development of the consolidated plan, including outreach to minorities and non- English speaking persons, as well as persons with disabilities. 4. Provide a written explanation of comments not accepted and the reasons why these comments were not accepted, *Please note that Citizen Comments and Responses may be included as additional files within the CPMP Tool Program Year 2 Action Plan Citizen Participation response: 1. Citizen Participation Process National City encourages its residents to become involved in the development of the plans and documents that outline the housing and community development needs, goals, objectives, and funded activities for the community. As required by HUD, the City follows a Public Participation Plan in the planning and evaluation of programs in the Annual Action Plan. In addition, some of the duties of the Housing and Community Development Commission (HCDC) were folded into the Planning Commission, and the CDBG/HOME oversight responsibilities were removed and transferred to the City Council. These changes were made to reduce redundancy and because of difficulty consistently achieving quorum at HCDC meetings. The Public Participation Plan establishes the City Council as the primary responsible body for CDBG and HOME project and plan review. The intent of the new Public Participation Plan is to receive more direct public feedback and participation in the Annual Action Plan process. In accordance with the Public Participation Plan, the City of National City Community Development Department (CDD) utilized the strategy and timeline depicted in Table 5 to solicit meaningful input for preparing the FY 2011-2012 Annual Action Plan. Table 5: FY 2011-2012 Annual Action Plan Public Participation Process November 23, 2010 (Tuesday): City Council Presentation on the HUD Consolidated Plan Priorities and Annual Action Plan Process 6:00 pm November 30, 2010 (Tuesday): FY 2011-12 CDBG/HOME Grant Funding Applications Available for Distribution City Hall Clerks Office, Finance Department Counter, and City of National City Website December 7, 2010 (Tuesday): CDBG/HOME Technical Assistance Workshop for Grant Applicants 10:00 a.m.- 12:00 p.m. MLK Center — South Mtg. Room January - March 2011 Drafting of FY 2011-12 Action Plan January 11, 2011 (Tuesday): CDBG/ HOME Application Submission Deadline Due by 2:00 p.m. at the City Clerks Office or at the Finance Second Program Year Action Plan 15 Version 2.0 Attachment No_ 2: Draft Annual Action Plan National City Table 5: FY 2011-2012 Annual Action Plan Public Participation Process Department Counter February 8, 2011 (Tuesday): Distribution of CDBG/HOME Grant Application Binders to the City Council February 15, 2011 (Tuesday): CDBG/HOME Program Applicant Presentations 6:00 p.m. City Hall Council Chambers March 15, 2011 (Tuesday): City Council Public Hearing No. 1- Applicant Grant Funding Recommendations (Decision Making Meeting) 6:00 p.m. City Hall Council Chambers March 28 to April 27, 2011 Mandatory 30-Day Public Review FY 2011-12 Action Plan May 3, 2011 (Tuesday): City Council Final Public Hearing No. 2 - Approval of FY 2011-12 Action Plan 6:00 p.m. City Hall Council Chambers May 12, 2011 (Thursday): Submission of the FY 2011-12 Action Plan to HUD 2. Comments Received The 30-day public review period of the FY 2011-2012 Action Plan began on March 29, 2010 and ended on April 29, 2010. No public comments were received during the public review period. In addition, no public comments were received during the City Council Final Public Hearing held on May 4, 2010. 3. Efforts to Broaden Public Participation To broaden public participation, the City advertised public notices for the City Council public hearings in the San Diego Union Tribune. The application for CDBG/HOME funding was circulated to various community groups and agencies/service providers. The draft FY 2011-2012 Annual Action Plan was posted on the City's website and made available at City Hall, the National City Public Library, Kimball Senior Center, and City of National City Section 8 Rental Assistance Program office. Notice of the 30-day public review for the Action Plan was made available in two local newspapers. Translation services were also available upon request in relation to documents and public meetings. Persons with disabilities are able to request special accommodations at all public meetings. Copies of the FY 2011-2012 Annual Action Plan public notices and proof of publications (affidavits) are included in Appendix B. 4. Comments Not Accepted All comments received were accepted. Second Program Year Action Plan 16 Version 2.0 Attachment No. 2. Draft Annual Action Plan National City Institutional Structure 1. Describe actions that will take place during the next year to develop institutional structu re. Program Year 2 Action Plan Institutional Structure response: 1. Institutional Structure National City strives to foster and maintain relationships with other agencies to establish an institutional structure that maximizes its resources. As such, many organizations play a key role in implementing the City's Consolidated Plan strategy and the component Annual Action Plan (public agencies, non-profit organizations, and private industry). The City's Community Development Department (CDD) has oversight responsibility for the coordination of these agencies. City of National City The CDD is responsible for administration and compliance of CDBG and HOME programs and grant management. The City's Finance Department is responsible for the accounting and financial processes related to the CDBG and HOME programs. The Finance Department closely oversees CDBG and HOME related financial responsibilities, and has implemented policies and procedures to accurately monitor, transact, and draw down from the Integrated Disbursement and Information System (IDIS). To enhance the coordination of the CDBG/HOME grant administrative activities, the City recently underwent restructuring of the organization. Figure 2 provides an overview of National City's organization. In addition, resources are allocated to training and consulting services that may assist with internal efficiencies. Staff participates in HOME and CDBG Administration Certification, Environmental Review, and IDIS Clean -Up trainings that assist in the development of better planning, record keeping, monitoring and reporting functions. National City Housing Authority The National City Housing Authority administers the Housing Choice Voucher Program for eligible low-income households and seniors who either live or work in National City. The Housing Authority conducts interviews and evaluations and inspects all assisted units to ensure that they are in decent, safe, and sanitary condition at initial lease -up and during the annual recertification process. To ensure consistency between program implementation, the CDD oversees the Housing Authority. Figure 2: National City Organization Chart Second Program Year Action Plan 17 Version 2.0 Attachment No. 2: Draft Annual Action Plan National City National City Neighborhood Council Program The Neighborhood Council Program was developed in an effort to improve community communication and to bring community services directly to National City residents. Historically, National City residents indicated that they feel disconnected from City Hall. By holding monthly Neighborhood Council meetings, quarterly senior meetings, and special events, the Neighborhood Council Program has created a path for resident participation and a forum for civic training. Furthermore, this program helps to instill civic pride into National City neighborhoods. Through the Neighborhood Councils, residents plan events to beautify their neighborhoods and seek ways in which they themselves can assist in reducing neighborhood crime. This unique program also helps residents to increase awareness of their surroundings and better identify those areas that are in need of service. The program supports volunteerism and community engagement. Most importantly, the Neighborhood Councils help unify neighborhoods and further enhance the image of National City. County of San Diego and Other Regional Organizations The City collaborates with the County of San Diego, Regional Task Force on the Homeless, Fair Housing Council of San Diego, and other agencies and organizations for the provision of housing and community development programs and activities. Non -Profit Organizations Non-profit organizations play a vital role in implementing the Consolidated Plan. Non-profit organizations form a network of resources that address a wide variety of housing and community development needs. These organizations provide a valuable link between the population in need of assistance and the pool of resources available. The City works with a number of qualified service providers that cater to the needs of low- and moderate -income persons and persons with special needs. Monitoring 1. Describe actions that will take place during the next year to monitor its housing and community development projects and ensure long-term compliance with program requirements and comprehensive planning requirements. Program Year 2 Action Plan Monitoring response: 1. Monitoring The National City CDD monitors the programmatic, financial, and regulatory performance of all entitlement grant activities carried out in furtherance of the Consolidated Plan and each annual funding plan, including the FY 2011-2012 Annual Action Plan, to ensure long-term compliance with the requirements of the programs involved. The primary objectives of CDD's monitoring procedures are to: Second Program Year Action Plan 18 Version 2.0 Attachment No. 2: Draft Annual Action Plan National City • Ensure that sub -recipients comply with all pertinent regulations governing their administration. • Ensure that sub -recipients achieve their performance objectives within their program year and budget. • Assess capabilities and/or any potential needs for training or technical assistance these areas. Below is a description of the methodology the CDD has put into place to track housing and community development projects. Sub -recipient Compliance/Monitoring Plan CDBG and HOME Program Sub -recipient Orientation During the grant application process, sub -recipients are invited to attend an orientation seminar designed to provide technical assistance in developing successful grant applications. In addition, regulatory CDBG and HOME program requirements are discussed. Staff also provides one-on-one consultation with the CDBG and HOME program applicants to assist in application development. Sub -recipient Pre -Award Screening Prior to the funding award, all sub -recipients receive pre -contract review to assess the capacity of the agency's administrative and fiscal management systems to successfully complete the proposed activities. This requirement pertains to all sub - recipients, regardless of whether they are involved in a general competitive application process or in a more selective request for proposal process. Outreach to Minority and Women's Business Enterprises The City of National City strongly encourages the involvement of minority and women owned businesses in contracting and material procurement activities related to HOME, CDBG, and other federally -funded rehabilitation and new construction projects. The City involves a diversity of contractors through a varied and documented outreach effort which serves to promote a level playing field and provide opportunities. To that end, general contractors will be instructed to consult the Disadvantaged Business Enterprise (DBE) Database from the Unified Certification Program of the State of California and the Public Agency Consortium -San Diego database to identify subcontractors and suppliers desirous of working on federally funded public works projects. In addition, both for public works contracting and residential projects not meeting the various thresholds that would require the payment of Davis -Bacon Prevailing Wages, contractors will be directed to use a variety of on-line resources that provide access to databases of contractors located in the City of National City to meet the Cities' desire to involve the local contracting community in publicly funded projects. Other steps that will be encouraged include placing solicitations in local newspapers and trade papers and contacting various minority and women's business associations. The City will require reasonable documentation from the prime bidders that the identified contractors were actually solicited for their interest in bidding on the projects, including specific contact information and the response to the solicitation. In addition, the prime bidders will be required to have documentation available, on request, for review detailing all firms that submitted bids in various trade categories and why a particular firm was selected. On projects of $200,000 or more of total contract value, the prime bidders and first tier subcontractors will be requested to, Second Program Year Action Plan 19 Version 2.0 Attachment No 2' Draft Annual Action Plan National City when economically feasible, divide larger trade portions into smaller tasks to permit maximum participation by small minority and women -owned businesses and disadvantaged business enterprises. Compliance with the National City Affirmative Fair Housing Marketing Plan The City requires that all HUD -assisted projects comply with the City of National City Affirmative Fair Housing Marketing (AFHM) Plan that was adopted by the City Council in March 2008. The AFHM Policy provides the policies and procedures to be followed by Sub -recipients, developers, owners, and sponsors participating in the development or management of HUD -assisted projects with five or more units to ensure the affirmative steps and actions are taken to provide information and otherwise attract eligible persons in the housing market area to the available housing without regard to race, color, national origin, sex, religion, familial status, or disability. Post -Award Monitoring After funding approval, sub -recipients are required to attend a Grant Administration Workshop designed to cover the necessary reporting and reimbursement requirements. Ongoing, informal "desktop" monitoring and technical assistance is provided on a continual basis for all programs, as monthly billings are reviewed and processed. On -site monitoring visits will be conducted on an annual basis, based upon completed risk assessments of the contracted agencies. Additional on -site technical assistance visits will be performed on an as -needed basis. During FY 2011-2012, the Grants and Housing Department's goal is to conduct the following formal on -site monitoring visits for CDBG and HOME program activities: • CDBG program: Approximately 2 to 5 sub -recipient monitoring visits, based on risk assessment of funded agencies • HOME program: At least one sub -recipient monitoring visit It is in the City's best interest that sub -recipients administer their programs as efficiently as possible. To ensure sub -recipient compliance, the City may assist its partners by contracting with outside professionals/consultants to monitor agencies, or to accompany staff while conducting comprehensive business audits/monitoring. Public facility and infrastructure projects with overlay statutory requirements such as Davis -Bacon, Uniform Relocation Act, environmental review, etc. will be implemented, administered, and monitored for compliance with the appropriate statutes and regulations. Projects administered by City departments will be monitored through City auditing procedures. City Departments receiving CDBG or HOME allocations for projects will be required to execute a Memorandum of Understanding with the City's Community Development Department Executive Director stating the project goals, project timeline, and affirming their commitment to spend the allocation in a timely and compliant manner. City Departments will be required to submit quarterly progress reports corresponding to the initial timeline submitted with documentation showing that the project funded is moving forward as planned. If there are two consecutive quarters without documented progress, the project will be subject to closer monitoring review on a monthly basis for one quarter. If the project does not resume progress during the monitoring period or within a quarter following the monitoring of the project, the City Council will be provided with notification and staff may suggest further action(s) including the reallocation of funds to other projects. Second Program Year Action Plan 20 Version 2.0 Attachment No. 2: Draft Annual Action Plan National City Grantee Compliance/Monitoring Plan HOME Assisted Projects Monitoring The City monitors all HOME -assisted rental housing projects once a year. The City requests information regarding tenant qualification, rents charged, and financial and asset management as part of the monitoring program. Once the information is requested, a thorough analysis is completed by City staff to ensure that there is full compliance with HOME regulations and the affordability restrictions outlined by agreement. Once the initial documentation review is conducted, the City conducts an onsite monitoring visit, whereby primary documentation is requested to assess tenant qualifications in HOME -restricted units, check financial records to corroborate with all agreements, and conduct a physical inspection of all HOME assisted units by a certified housing inspector to ensure housing quality and compliance with lead - based paint regulations. The City also requires that owner -occupancy be verified on all HOME- or CDBG- assisted homeownership units once per year. The City sends out a request for certification of owner occupancy, which is confirmed through of their two most recent utility bills. If there is no response to the verification request, the City will send a representative to check occupancy at the address, and may request further documentation if necessary. Consolidated Annual Performance and Evaluation Report (CAPER) Each fiscal year, the City prepares a CAPER to illustrate how the City utilized CDBG, HOME, and other available resources during the previous fiscal year. In addition, the CAPER assesses the actual program accomplishments and compares these to the goals and objectives identified in the City's corresponding Annual Action Plan and Five -Year Consolidated Plan. Quarterly IDIS Draw Downs The City has an internal program goal of completing, at minimum, four Requests for Reimbursement (draw downs) for CDBG. The draw downs for the CDBG Program are electronically submitted via HUD's computer -based Integrated Disbursement and Information system (IDIS). CDBG Program accomplishments are reported to HUD via IDIS on a quarterly basis. HOME activities are reported as they are set up (funded) and as they are completed. Packaging a residential development using HOME funds may require multi -year funding; therefore, quarterly draw downs may not always occur. Lead -based Paint 1. Describe the actions that will take place during the next year to evaluate and reduce the number of housing units containing lead -based paint hazards in order to increase the inventory of lead -safe housing available to extremely low-income, low-income, and moderate -income families, and how the plan for the reduction of lead -based hazards is related to the extent of lead poisoning and hazards. Program Year 2 Action Plan Lead -based Paint response: Second Program Year Action Plan 21 Version 2.0 j Attachment No. 2: Draft Annual Action Plan National City 1. Actions to Evaluate and Reduce Lead -Based Paint Hazards National City is identified as a high risk for lead poisoning due to a high percentage of housing built prior to 1970, a large percentage of children who are younger than six years old (when lead poisoning is most prevalent) and a high percentage of children under six living in poverty. In response to the lead -based paint legislation, National City designed a lead -based paint hazard program to inform National City residents of lead hazards and instruct households on measures they can do to limit the impacts of lead -based paint. Specifically, National City has received both a Lead Hazard Control Grant (LHCG) and a Healthy Homes Demonstration Grant from HUD for lead sampling/testing, stabilization, and abatement activities. The LHCG and Healthy Homes performance periods have ended; however, the City is currently exploring the possibility of implementing a lead hazard control component to housing rehabilitation programs that will be initiated with HOME funds in the future. The City of National City will design its various housing programs to comply with 24 CFR Part 35. The City is in the process of developing lead guidelines for the housing programs. The guidelines shall include specific requirements for the First -Time Homebuyer Program and the Housing Rehabilitation Programs. Specifically, the City will inform residents applying for loans or grants about the hazards of lead -based paint. The City will not participate in down payment or closing cost assistance on any house containing lead paint unless abated as a condition of the sale and prior to occupancy of the unit. City Housing Rehabilitation Programs will allow for the abatement of lead -based paint as an eligible activity for assistance. Code enforcement and building inspectors will continue to identify lead -based paint hazards as part of their ongoing activities and investigations as possible. Specific Housing Objectives *Please also refer to the Housing Needs Table in the Needs.xls workbook. 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve during the next year. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Program Year 2 Action Plan Specific Objectives response: 1. Housing Priorities and Specific Objectives The 2010-2015 Consolidated Plan identifies the following housing priorities: Second Program Year Action Plan 22 Version 2.0 Attachment No. 2_ Draft Annual Action Plan National City • Conserve and improve affordable housing. • Provide first-time homebuyer opportunities. • Support new affordable housing construction. • Promote equal housing opportunity. • Preserve assisted housing at risk of converting to market rate. The intended outcomes of the Consolidated Plan include conservation and improvement of existing affordable housing, increased development of affordable housing, first-time homebuyer opportunities for low- and moderate -income households, and the promotion of equal housing opportunities. In an effort to accomplish the desired outcomes, the Consolidated Plan sets objectives that are carried out over the course of five years, as outlined in Table 6. Table 6: Consolidated Plan Five -Year Housing Priorities and Objectives Priority 1: Conserve and Improve Affordable Housing • Provide funding for minor rehabilitation of 50 housing units. • Provide funding to rehabilitate/repair 12 housing units. • Provide funding to assist 750 housing units with housing inspections. • Continue to educate residents on health dangers of lead, and encourage screening of children for elevated blood -lead levels by providing educational materials as part of the City's various housing rehabilitation programs. • Require testing and lead hazard reduction in conjunction with rehabilitation. • Provide educational materials on lead hazards to tenants and landlords as part of City inspections. Priority 2: Provide First -Time Homebuyer Opportunities • Provide homeownership assistance to 25 households. Priorit 3: Support New Affordable Housing Construction • Support the rehabilitation and/or construction of 50 affordable housing. Priority 4: Promote Equal Housing Opportunity • Support fair housing services through assistance to fair housing counseling and enforcement organizations. Annually evaluate the services provided by the organizations to ensure that adequate and appropriate services are provided, and revise contracts as appropriate. • Actively advertise the services provided to National City residents in public locations such as City Hall and community centers. - Continue to comply with the fair housing planning requirements of CDBG and HOME programs, including actions to address any impediments to fair housing. Priority 5: Preserve Assisted Housing at Risk of Converting to Market Rate • Monitor units at risk of converting to market rate (Granger Apartments, Inter City Manor, and Plaza Manor). • Establish contact with public and nonprofit agencies interested in purchasing and/or managing units to inform them of the status of the three at -risk projects. Where feasible, provide technical assistance to these organizations with respect to Financing. • California law requires property owners to give a 12-month notice of their intent to opt out of low-income use restrictions. The City will work with tenants of at -risk units and provide them with information regarding Section 8 rent subsidies and other affordable housing opportunities in the City. • National City administers its own Section 8 voucher and certificate programs. The City will assist tenants of at -risk housing units to obtain priority status if there is a conversion to market rate and if tenants' income and housing costs meet eligibility requirements. In FY 2011-2012, the City will pursue the following housing objectives, consistent with the associated FY 2010-2015 Consolidated Plan. Second Program Year Action Plan 23 Version 2.0 Attachment No. 2: Draft Annual Action Plan National City FY 2011-2012 Annual Action Plan Housing Objectives: 1. Conserve and Improve Affordable Housing: The City will pursue the following activities: 2. Provide First -Time Homebuyer Opportunities: The City will pursue the following activities: 3. Support New Affordable Housing Construction: The City will pursue the following activities: 4. Promote Equal Housing Opportunity: The City will pursue the following activities: 5. Preserve Assisted Housing at Risk of Converting to Market Rate: The City will pursue the following activities: 2. Federal, State, and Local Public and Private Sector Resources National City has access to a variety of federal, state, and local resources to achieve its housing goals. Specific funding sources will be utilized based on the opportunities and constraints of each project or program. Major sources of funding available to the City for implementing housing and community development activities in National City include are described in response 4 of the General Questions Section on pages 13-15 of this document. Needs of Public Housing 1. Describe the manner in which the plan of the jurisdiction will help address the needs of public housing and activities it will undertake during the next year to encourage public housing residents to become more involved in management and participate in homeownership. 2. If the public housing agency is designated as "troubled" by HUD or otherwise is performing poorly, the jurisdiction shall describe the manner in which it will provide financial or other assistance in improving its operations to remove such designation during the next year. Program Year 2 Action Plan Public Housing Strategy response: Second Program Year Action Plan 24 Version 2.0 Attachment No. 2: Draft Annual Action Plan National City 1. Public Housing Needs The National City Public Housing Authority is a Section 8-only agency and administers and operates its own rental assistance program. National City has no authority to develop or maintain public housing. There is no public housing in the City. 2. Status of Public Housing Agency The National City Housing Authority is riot identified by HUD as a "troubled" agency. Barriers to Affordable Housing 1. Describe the actions that will take place during the next year to remove barriers to affordable housing. Program Year 2 Action Plan Barriers to Affordable Housing response: 1. Removing Barriers to Affordable Housing The 2010-2015 Consolidated Plan describes various governmental and non- governmental factors that may result as barriers to affordable housing. Governmental Barriers include: • Land Use Regulations • Permit and Processing Costs • Article 34 • Prevailing Wages Non -Governmental Barriers include: • Availability of Financing • Cost of Land • Cost of Constructions In an effort to remove barriers to affordable housing, National City implements a Housing Element that is consistent with California law and takes actions to reduce costs or provide off -setting financial incentives to assist in the production of safe, high -quality, affordable housing. In addition to continual monitoring of barriers to affordable housing through the Housing Element, National City will also implement the following actions to remove barriers to affordable housing: • Periodically review and modify City polices and regulations to respond to state and federal laws, changing market conditions, and development trends. • Continue to implement the Housing Element, including implementation programs directed at reducing barriers to affordable housing development. • Continue to provide rehabilitation assistance, homeownership assistance, and rental assistance through the Section 8 program, and to assist in the construction of affordable housing to expand affordable housing opportunities in National City. Second Program Year Action Plan 25 Version 2.0 Attachment No. 2: Draft Annual Action Plan National City Furthermore, National City will directly or indirectly assist in the production of approximately 116 new affordable housing units over the course of the upcoming fiscal year (FY 2011-2012). Table 7 includes information on various development projects that will occur during FY 2011-2012 that are intended to create new affordable housing opportunities in National City for low -and/or moderate -income households. HOME/American Dream Down payment Initiative (ADDI) Describe other forms of investment not described in § 92.205(b). If the participating jurisdiction (P3) will use HOME or ADDI funds for homebuyers, it must state the guidelines for resale or recapture, as required in § 92.254 of the HOME rule. If the Pl will use HOME funds to refinance existing debt secured by multifamily housing that is that is being rehabilitated with HOME funds, it must state its refinancing guidelines required under § 92.206(b). The guidelines shall describe the conditions under which the P3 will refinance existing debt. At a minimum these guidelines must: a. Demonstrate that rehabilitation is the primary eligible activity and ensure that this requirement is met by establishing a minimum level of rehabilitation per unit or a required ratio between rehabilitation and refinancing. b. Require a review of management practices to demonstrate that disinvestments in the property has not occurred; that the long-term needs of the project can be met; and that the feasibility of serving the targeted population over an extended affordability period can be demonstrated. c. State whether the new investment is being made to maintain current affordable units, create additional affordable units, or both. d. Specify the required period of affordability, whether it is the minimum 15 years or longer e. Specify whether the investment of HOME funds may be jurisdiction -wide or limited to a specific geographic area, such as neighborhood identified in a neighborhood revitalization strategy under 24 CFR 91.215(e)(2) or a Federally designated Empowerment Zone or Enterprise Community. f. State that HOME funds cannot be used to refinance multifamily loans made or insured by any federal program, including CDBG. If the PH is going to receive American Dream Down Payment Initiative (ADDI) funds, please complete the following narratives: a. Describe the planned use of the ADDI funds. b. Describe the P)'s plan for conducting targeted outreach to residents and tenants of public housing and manufactured housing and to other families assisted by public housing agencies, for the purposes of ensuring that the ADDI funds are used to provide down payment assistance for such residents, tenants, and families. Second Program Year Action Plan 26 Version 2.0 Attachment No. 2: Draft Annual Action Plan National City c. Describe the actions to be taken to ensure the suitability of families receiving ADDI funds to undertake and maintain homeownership, such as provision of housing counseling to homebuyers Program Year 2 Action Plan HOME/ADDI response: 1. Other Forms of Investments National City intends to use HOME funds to support owner -occupied rehabilitation, rental rehabilitation, and new construction through collaboration with non-profit developers, specifically Community Housing Development Organizations. No other forms of investment not described in § 92.205(b) are anticipated for FY 2011-2012. 2. Guidelines for Recapture In 2010, the City reinstated a First -Time Homebuyer Program using a combination of CDBG, HOME, and/or Redevelopment Housing Set -Aside funds. Since HOME funds will be used, the City will ensure that the new program complies with the HOME recapture requirements through the affordability period as described in §92.254 of the HOME rule. The First -Time Homebuyer Program will provide loans up to $40,000.00 to households at or below 80% of the HUD Area Median Income (AMI) for San Diego County. The recipient will share in the equity gained with the City if the property is sold within the first ten years of the loan but will provide no principal or interest payments while the property remains under the recipient's legal title during the 30-year term. At any point at which the recipient decides to sell the home or upon the completion of the 30-year term, the full amount of the loan principal lent will be recaptured. HOME Match Federal match requirements apply to the City's HOME funds. The HOME program requires that for every HOME dollar spent, the City must provide a 25 percent match with non-federal dollars. HUD allows the City to use various resources to meet this match requirement. The HOME match obligation may be met with arty of the following eligible sources: • Cash or cash equivalents from a non-federal source • Value of donated land or real property • A percentage of the proceeds of single- or multi -family housing bonds issued by state, state instrumentality, or local government • Value of donated materials, equipment, labor, and professional services • Sweat equity According to HOME program guidelines, no more than 25 percent of the City's match liability for any one year can be met through loans to housing projects, but amounts in excess of that may be banked as match credit for future years. Second Program Year Action Plan 27 Version 2.0 Attachment No. 2: Draft Annual Action Plan National City Section 92.222 of the HOME regulations provides that HUD may grant a match reduction to local participating jurisdictions in fiscal distress (50 percent match reduction) and severe fiscal distress (100 percent match reduction) for the fiscal year in which the finding is made and the subsequent fiscal year. The HUD Match Reduction listing for 2009 and 2010 indicates a 100 percent match reduction for National City (Table 8). Table 8: National City HOME Match Reduction 2009 and 2010 M d I 'u{R'MtYIY� :c »r iscal,a CA National City 19.8 Y 11,582 Y 100% 3. Guidelines for Refinancing Not applicable. The City of National City will not utilize HOME funds to refinance debt services for mufti -family housing that is being rehabilitated with HOME funds. 4. Use of ADDI Funds Not applicable. The City of National City is not a recipient of ADDI funds and the ADDI program has been discontinued by HUD. Specific Homeless Prevention Elements *Pleasealso refer to the Homeless Needs Table in the Needs.xls workbook. 1. Sources of Funds —Identify the private and public resources that the jurisdiction expects to receive during the next year to address homeless needs and to prevent homelessness. These include the McKinney-Vento Homeless Assistance Act programs, other special federal, state and local and private funds targeted to homeless individuals and families with children, especially the chronically homeless, the HUD formula programs, and any publicly -owned land or property. Please describe, briefly, the jurisdiction's plan for the investment and use of funds directed toward homelessness. 2. Homelessness —In a narrative, describe how the action plan will address the specific objectives of the Strategic Plan and, ultimately, the priority needs identified. Please also identify potential obstacles to completing these action steps. 3. Chronic homelessness —The jurisdiction must describe the specific planned action steps it will take over the next year aimed at eliminating chronic homelessness by 2012. Again, please identify barriers to achieving this. Second Program Year Action Plan 28 Version 2.0 Attachment No_ 2- Draft Annual Action Plan National City 4. Homelessness Prevention —The jurisdiction must describe its planned action steps over the next year to address the individual and families with children at imminent risk of becoming homeless. 5. Discharge Coordination Policy —Explain planned activities to implement a cohesive, community -wide Discharge Coordination Policy, and how, in the coming year, the community will move toward such a policy. Program Year 2 Action Plan Special Needs response: 1. Sources of Funds The City of National City does not receive McKinney-Vento Homeless Assistance Act Emergency Shelter Grant (ESG), Supportive Housing, Shelter Plus Care, or Section 8 SRO Program funds. However, in accordance with the 2010-2015 Consolidated Plan objective to help prevent homelessness and protect at -risk populations, National City will assist homeless and/or persons -at risk of becoming homeless through continued support and participation in the San Diego County Continuum of Care System for coordinating and providing assistance to persons at risk of becoming homeless. The City has an internal Homeless Committee, composed of representatives form various City departments, to effectively evaluate homeless needs and services, and implement the Continuum of Care. The 2010-2015 Consolidated Plan identifies the following homeless priority and objectives: • Support housing and services for homeless and persons at -risk of homelessness. Continue to support and participate in the San Diego Continuum of Care System for the delivery of services to the homeless populations. o Coordinate with Emergency Food and Shelter Programs to bring funds into the region and address the needs of the homeless and at -risk populations, including the chronic homeless population. o Provide assistance to agencies and organizations that provide services to the homeless and/or persons at -risk of homelessness. Assist 300 persons over the five-year Consolidated Plan period. In FY 2011-2012, the City has established the following objectives, consistent with the associated FY 2010-2015 Consolidated Plan: FY 2011-2012 Annual Action Plan Objectives: 1. Support housing and services for homeless and persons at -risk of homelessness The City will pursue the following activities: 2. Homelessness Second Program Year Action Plan 29 Version 2.0 Attachment No. 2: Draft Annual Action Plan National City The Action Plan for FY 2011-2012 will address homeless needs and objectives through continued participation in the San Diego Continuum of Care and coordination of service providers and resources for the homeless through efforts of the National City Homeless Committee, and through collaboration on the Homelessness Prevention and Rapid Re -Housing Program (HPRP). National City continues to participate and support the San Diego Continuum of Care Strategy as the primary delivery system of comprehensive and coordinated housing and services for the homeless. The County's regional Continuum of Care system provides emergency, transitional, and permanent supportive housing, plus services, to address the needs of homeless persons and enable transition to independent living. The City of National City, South Bay Community Services, the National School District, and Legal Aid Society of San Diego are collaborating on a Homelessness Prevention and Rapid Re -Housing Program (HPRP) in order to prevent eligible individuals and families in National City from becoming homeless and to assist those who are experiencing homelessness to be quickly re -housed and stabilized. By utilization of proven, effective agencies who have existing programs with substantial infrastructure that can be mobilized to identify eligible participants and connect them to a range of HPRP services, the collaboration is intended to curb homelessness in National City by helping struggling individuals secure and maintain stable housing situations. The Program seeks to assist 164 individuals through September 2012. To better serve the homeless community, National City also formed a Homeless Committee, represented by staff from various City departments, including Public Works, Parks, Police, Human Resources, and Community Services. By bringing employees of the various departments together, the City is able to effectively evaluate the needs of the homeless from different perspectives. In 2009, the Homeless Committee created a set of goals and objectives. The City has been trying to attract more resources and complement any efforts to address the problem of homelessness. The Homeless Committee has effectively collaborated to communicate problems and provide solutions that can provide the best avenues for dealing with such a complex problem. The Homeless Committee is proactively looking for resources to ensure a high rate of success for the continuum of care model that has been implemented. Potential obstacles to completing these steps are lack of funding to provide support programs aimed at addressing homeless needs, and lack of staffing to participate in activities, programs, and organizations to implement regional strategies for addressing homelessness 3. Chronic Homelessness In 2004, National City participated in the regional planning effort coordinated by the County of San Diego to address chronic homeless. The effort culminated in the adoption of the Ten -Year Plan to End Chronic Homelessness in the San Diego region. The City will continue to collaborate with the county and neighboring jurisdictions to end chronic homelessness in the region. However, a major barrier to achieving this end is the lack of adequate funding to address the extensive and long-term needs of the chronic homeless. Second Program Year Action Plan 30 Version 2.0 Attachment No. 2: Draft Annual Action Plan National City The City's planned action steps to eliminate chronic homelessness include: • Apply for additional grant funding that will expand the PERT, HOPE, and transitional housing programs that serve National City. • Work with the San Diego Regional Task Force on the Homeless to further identify needs of the chronic homeless population in National City. • Partner with homeless service agencies to provide information on the availability of housing, medical, and social services during the clearing of homeless camps in parks and open spaces. • Hold at least one health and human services event per year that will target and provide the chronic homeless with hygiene products, medical and dental check-ups, referrals to medical and social services providers, and other resources. 4. Homelessness Prevention More than 50 agencies provide supportive services for the homeless and persons at risk of becoming homeless in the region. In addition to the Community Food Bank of National City - Project Hunger/Project Independence, the following agencies also provide supportive services to National City residents. • National City Family Resource Centers have been instrumental in assisting families in need with a wide range of services. • MAAC Project has several human services programs that include housing, nutrition, and job training. • South Bay Community Services is a social service provider that includes transitional housing, emergency shelter, mental health services, general health services, and job counseling/training. Access to services offered by these agencies allows individuals to strengthen or stabilize the financial situation, preventing homelessness. Because homeless shelter facilities are limited in National City, the City primarily refers homeless people to shelters in downtown San Diego. Organizations and agencies that provide housing assistance services to National City are: Emergency Shelter • Home Start Inc. o Hotel Motel Vouchers • South Bay Community Services o Casa Nuestra (8 beds, target population are single males and females) o Casa Nueva Vida I (6 beds, target population is households with children) o Hotel Motel Vouchers Transitional Housing • South Bay Community Services o Casa De Transition (73 beds, target population is households with children) • FOCUS (144 beds, target populations is households with children) o Trolley Trestle (20 beds, target populations are youth males and females) Second Program Year Action Plan 31 Version 2.0 Attachment No. 2: Draft Annual Action Plan National City o Victorian Heights (32 beds, target populations are households with children and victims of domestic violence) The City will continue to collaborate with agencies, organization, and neighboring jurisdictions, including the County, to address the needs of individuals and families with children at imminent risk of becoming homeless. 5. Discharge Coordination Policy The City of National City does not receive McKinney-Vento Homeless Assistance Act Emergency Shelter Grant (ESG), Supportive Housing, Shelter Plus Care, or Section 8 SRO Program funds and therefore does not have a Discharge Coordination Policy. Emergency Shelter Grants (ESG) (States only), Describe the process for awarding grants to State recipients, and a description of how the allocation will be made available to units of local government. Program Year 2 Action Plan ESG response: This section applies to states only; no response is required. Second Program Year Action Plan 32 Version 2.0 Attachment No. 2: Draft Annual Action Plan National City Community Development *Please also refer to the Community Development Table in the Needs.xls workbook. 1. Identify the jurisdiction's priority non -housing community development needs eligible for assistance by CDBG eligibility category specified in the Community Development Needs Table (formerly Table 2B), public facilities, public improvements, public services and economic development. 2. Identify specific long-term and short-term community development objectives (including economic development activities that create jobs), developed in accordance with the statutory goals described in section 24 CFR 91.1 and the primary objective of the CDBG program to provide decent housing and a suitable living environment and expand economic opportunities, principally for low and moderate -income persons. *Note: Each specific objective developed to address a priority need, must be identified by number and contain proposed accomplishments, the time period (i.e., one, two, three, or more years), and annual program year numeric goals the jurisdiction hopes to achieve in quantitative terms, or in other measurable terms as identified and defined by the jurisdiction. Program Year 2 Action Plan Community Development response: 1. Community Development Priority Needs The 2010-2015 Consolidated Plan identifies the non -housing community development priorities in compliance with the CDBG eligibility requirements. • Provide for new and improve existing community facilities. • Provide for needed infrastructure improvements in low- and moderate -income areas. • Provide for needed community and supportive services • Provide for necessary planning activities The overall priority community development need for the FY 2010-2015 Consolidated Plan is to foster a suitable living environment for low- and moderate -income households. In an effort to meet the overall priority, the Consolidated Plan sets objectives that are carried out over the course of five years. Second Program Year Action Plan 33 Version 2.0 Attachment No. 2: Draft Annual Action Plan National City Table 9: Consolidated Plan Five -Year Community Development Priorities and Objectives Priority 1: Provide for New and Improve Existing Community Facilities • Pursue three improvement projects to parks, recreational, and community facilities annually, for a total of 15 projects during the five-year Consolidated Plan period. • Continue to prioritize repayment of the Section 108 loan. CDBG funds and program income will be allocated for payment of the Section 108 loan. Priority 2: Provide for Needed Infrastructure Improvements in Low- and Moderate -Income Areas • Pursue three to four improvement projects to infrastructure annually, for a total of two flood control and 15 street improvement projects during the five- year Consolidated Plan period. Priority 3: Provide for Needed Community and Supportive Services • Pursue public services for lower -income and special needs populations as identified on a yearly basis. Assist a total of 8,350 persons or households over the five-year Consolidated Plan period. Priority 4: Provide for Necessary Planning Activities • Annually review implementation of the Consolidated Plan and update the Action Plan and other components as necessary, but at least once per year. • Conduct monitoring of CDBG and HOME funded activities. • Ensure understanding of changing community needs through coordination with the Neighborhood Councils. • Support efforts to increase volunteerism in the community in order to assist in the removal of blight and increase community engagement. In FY 2011-2012, the City has established the following community development objectives, consistent with the associated FY 2010-2015 Consolidated Plan: FY 2011-2012 Annual Action Plan Community Development Objectives: 1. Provide for New and Improve Existing Community Facilities: The City will pursue the following activities: 2. Provide for Needed Infrastructure Improvements in Low- and Moderate -Income Areas: The City will pursue the following activities: 3. Provide for Needed Community and Supportive Services: The City will pursue the following activities: 4. Provide for Necessary Planning Activities: The City will pursue the following activities: To ensure the effective use of limited CDBG and HOME funds, the City must allocate money towards planning and monitoring. Preparation of annual updates allows the City to address the community's changing needs. Second Program Year Action Plan 34 Version 2.0 Attachment No. 2: Draft Annual Action Plan National City Continued outreach to low- and moderate -income households should be conducted as part of the CDBG program's required public participation process. City staff should be abreast of current CDBG and HOME program requirements and future program development by attending trainings and meetings with related agencies. Up to 20 percent of CDBG funds and up to 10 percent of HOME funds can be used to support the general administration of the CDBG and HOME programs. • Proposed Accomplishment: o Annually review implementation of the Consolidated Plan and update the Action Plan and other components as necessary, but at least once per year. o Conduct monitoring of CDBG and HOME funded activities. o Ensure understanding of changing community needs through coordination with the Neighborhood Councils. o Support efforts to increase volunteerism in the community in order to assist in the removal of blight and increase community engagement. 2. Specific Long -Term and Short -Term Community Development Objectives National City has established the following priority and related objectives for the 2010-2015 Consolidated Plan period to address priority community development needs in the City: Priority: Suitable Living Environment: Availability/Accessibility • Improve and/or maintain public facilities and improvements for low- and moderate- income and/or special needs persons (10 projects). • Improve and/or maintain parks and recreational facilities for low- and moderate- income and/or special needs persons (5 projects). • Improve the quality of flood control infrastructure for low- and moderate - income areas (2 projects). • Improve the quality of street infrastructure for low- and moderate -income areas (15 projects). • Continue to prioritize repayment of the City's Section 108 loan. • Provide for necessary planning and administration activities associated with CDBG and HOME program administration. • Support public services to assist 8,850 low- and moderate -income and special needs persons. Refer to Number 1: Community Development Priority Needs above for specific actions and objectives for FY 2011-2012. These objectives are based on the assumption that consistent levels of funding will be available to the City. Should funding levels be reduced in the future, the ability of the City to meet these objectives may be compromised. FY 2011-2012 Annual Action Plan Economic Development Objectives: The City utilizes tax increment funding and the City's General Fund as resources for economic development activities including business technical assistance and Second Program Year Action Plan 35 Version 2.0 Attachment No. 2: Draft Annual Action Plan National City participation in the State Enterprise Zone Program. The City also anticipates using CDBG funds for economic development activities during FY 2011-2012, as described below: Antipoverty Strategy 1. Describe the actions that will take place during the next year to reduce the number of poverty level families. Program, Year 2 Action Plan Antipoverty Strategy response: 1. Antipoverty Strategy There are many causes of poverty, including low income -earning capability, low educational attainments and job skills, discrimination, and/or personal limitations (e.g., developmental and physical disabilities, mental illness, drug/alcohol dependency, etc.). The two leading causes of poverty, however, are low-income earning capability and low educational attainment or job skills. These top causes can be addressed through programs that combine education and training with job search preparation for individuals. During FY 2011-2012, the City will seek to reduce the number of people living -in poverty (extremely low-income households earning less than 30 percent of the AMI) by continuing to implement its anti -poverty strategy which includes providing a number of programs, including housing assistance, supportive services, economic development assistance as described in earlier sections of this annual action plan (see Housing, Homeless, and Community Development section of this plan). In addition, the City's anti -poverty strategy includes policies and programs that aim to improve coordination and collaboration among City departments and non-profit agencies that provide health and social services, employment training, legal assistance, and other support services for low-income persons. On this endeavor to reduce poverty, the City is pursuing the following programs: Redevelopment/Job Creation and Retention • National City Redevelopment Project Area • National City Chamber of Commerce Economic Development Committee • Supporting existing and the formation of new business improvement districts in support of job retention and creation Employment Training • Regional Occupational Program • San Diego Workforce Partnership • Local Employment Development Department (EDD) • Crisis House • National City Higher Education Center • Education Village - A collaboration with Southwestern Community College District A number of state and county programs are also available to help alleviate poverty for National City residents. Second Program Year Action Plan 36 Version 2.0 Attachment No. 2: Draft Annual Action Plan National City State Programs The State of California's welfare reform plan, known as Cal WORKS, was established in 1998. New regulations place a lifetime limit of 60 months for receipt of cash assistance and a limit of 18 to 24 months of consecutive assistance. Persons receiving assistance must be involved in a work activity for a minimum of 32 per hours per week or more for a household with two adults. The Cal WORKS program, coordinated by the County, is designed to move welfare recipients from dependency to self sufficiency through employment, and to divert potential recipients from dependency. This program's goal is to identify sufficient employment opportunities with sustainable income levels for people transitioning off welfare. Job related education and training are provided through the County, private industry, and educational institutions. County Programs The Cal WORKS program discussed above is coordinated by the County's Health and Human Services Agency. This program provides a flexible interrelated regional training system developed in collaboration with training and education providers based on current market demands and employers. The Employment Development Department (EDD) in San Diego County is a key collaborator in the provision of job search readiness assistance and identification of local labor market trends, partnering with the Health and Human Services Agency (HHSA) and the San Diego Workforce Partnership. EDD implements and maintains CalJobs to provide job identification assistance throughout the County and provides voluntary job search preparation workshops. EDD also provides employer tax credits and works with welfare recipients who have social and physical barriers. The GAIN Remediation: Adult Deliverers (G.R.A.D. Consortium), organized in 1986, works with the HHSA and the San Diego Workforce Partnership to provide quality and consistent remedial/vocational education and job placement activities to GAIN participants countywide. This consortium includes Adult Education/ROP providers and community college continuing education providers. Non -homeless Special Needs (91.220 (c) and (e)) *Please also refer to the Non -homeless Special Needs Table in the Needs.xls workbook. 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve for the period covered by the Action Plan. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Program Year 2 Action Plan Specific Objectives response: Second Program Year Action Plan 37 Version 2.0 Attachment No. 2: Draft Annual Action Plan National City 1. Non -Homeless Special Needs Priorities and Objectives National City will assist special needs populations through the provision of housing programs, community services, and improvements to facilities (including ADA improvements). These priorities and specific objectives are outlined in the Specific Housing Objectives Section and the Priority Community Development Needs Section of this FY 2011-2012 Annual Action Plan. 2. Use of Federal, State, and Local Resources The City proposes to use CDBG funds to provide supportive services for low- and moderate -income and other special needs populations as funding is available. Housing needs for persons with HIV/AIDS will be addressed through the HOPWA program, for which the City of San Diego is the recipient on behalf of the County. It is expected that National City and a variety of human service and housing agencies will pursue funding from private, local, state, and federal resources to assist with their delivery of services for those with special needs. The resources that can reasonably be expected to be available to assist persons with special needs include federal (CDBG and HOME), state grants, and local public and private sector resources. It is anticipated that these resources will be used to support the housing and case management services of those in need. Further discussion on these funding resources is provided in Section 2: Federal, State, and Local Public and Private Sector Resources of the Housing Section of this Annual Action Plan. In addition, Table 4 on page 15 provides a detailed summary of the estimated funding resources that are reasonably anticipated to assist the City in addressing the Housing and Community Development needs identified in this Annual Action Plan. Housing Opportunities for People with AIDS *Please also refer to the HOPWA Table in the Needs.xls workbook. 1. Provide a Brief description of the organization, the area of service, the name of the program contacts, and a broad overview of the range/ type of housing activities to be done during the next year. 2. Report on the actions taken during the year that addressed the special needs of persons who are not homeless but require supportive housing, and assistance for persons who are homeless. 3. Evaluate the progress in meeting its specific objective of providing affordable housing, including a comparison of actual outputs and outcomes to proposed goals and progress made on the other planned actions indicated in the strategic and action plans. The evaluation can address any related program adjustments or future plans. 4. Report on annual HOPWA output goals for the number of households assisted during the year in: (1) short-term rent, mortgage and utility payments to avoid homelessness; (2) rental assistance programs; and (3) in housing facilities, such Second Program Year Action Plan 38 Version 2.0 Attachment No. 2: Draft Annual Action Plan National City as community residences and SRO dwellings, where funds are used to develop and/or operate these facilities. Include any assessment of client outcomes for achieving housing stability, reduced risks of homelessness and improved access to care. 5. Report on the use of committed leveraging from other public and private resources that helped to address needs identified in the plan. 6. Provide an analysis of the extent to which HOPWA funds were distributed among different categories of housing needs consistent with the geographic distribution plans identified in its approved Consolidated Plan. 7. Describe any barriers (including non -regulatory) encountered, actions in response to barriers, and recommendations for program improvement. Second Program Year Action Plan 39 Version 2.0 Attachment No, 2: Draft Annual Action Plan National City 8. Please describe the expected trends facing the community, in meeting the needs of persons living with HIV/AIDS and provide additional information regardingthe administration of services to people with HIV/AIDS. 9. Please note any evaluations, studies or other assessments that will be conducted on the local HOPWA program during the next year. Program Year 2 Action Plan HOPWA response: No response is required; the City does not receive HOPWA funding. Specific HOPWA Objectives Describe how Federal, State, and local public and private sector', resources that are reasonably expected to be available will be used to address identified needs for the period covered by the Action Plan. Program Year 2 Specific HOPWA Objectives response: No response is required; the City does not receive HOPWA funding. See Appendices A-C. Second Program Year Action Plan 40 Version 2.0 FY2011-2012 Annual Action Plan CDBG and HOME Program Activities (based on HUD Entitlement Estimates released on 4/25/2011 and subject to change) Rank Applicant Name Program Name Estimated Allocation CDBG Public Services Total (with a HUD ESTIMATED 2011 Entitlement (15%) allocation of $147,935.70 and $5748.00 in Program income) $ 153,683.70 City of National City Public Library National City Public Library Literacy Services $ 52,000.00 2 City of National City Community Services Department Tiny Tots $ 29,337.00 3 South Bay Community Services National City Police Department Support Services: Juvenile Diversion $ 20,000.00 4 Trauma Intervention Programs of San Diego County, Inc. Trauma Intervention Program $ 8,000.00 5 City of National City Community Services Department Learn to Swim $ 32,856.00 6 City of National City Community Services Department At Risk Youth Afterschool Teen Program "Supreme Teens" $ 11,490.70 CDBG Non -Public Services Total (with a HUD ESTIMATED 2011 Entitlement (65%) allocation of $641,054.70, $24,912.00 in Program income, and $476,988 in reallocated funds from activities completed and closed) $ 1,142,954.70 1 City of National City- Community Development Department National City Housing Inspection Program $ 151,570.00 2 City of National City -Development Services Department Storm Drain Improvements $ 100,000.00 3 City of National City -Development Services Department Upgrade Substandard Pedestrian Ramps, Sidewalk, Curb, and Gutter Concrete Improvements $ 200,000.00 4 Environmental Health Coalition Making National City's "Healthy Homes" Energy Efficient Round II $ 80,027.00 5 Olivewood Gardens and Learning Center Signage for Olivewood Gardens $ 20,000.00 6 City of National City Neighborhood Services Department Neighborhood Preservation $ 30,000.00 7 City of National City -Development Services Department Pedestrian Safety and Accessibility Enhancements on E. 8th Street near Seventh-Day Adventists Church and Paradise Valley Hospital $ 100,000.00 8 City of National City -Development Services Department ADA Park Improvements $ 241,873.00 9 City of National City -Development Services Department Pedestrian Safety and Accessibility Enhancements for National City Public Library- National City Blvd, and E. 15th St. $ 120,000.00 0 130th City of National City -Development Services Department Pedestrian Safety and Accessibility Enhancements at Sweetwater High School - F Ave & E. St $ 99,484.70 CDBG Planning/ Administration Total (with a HUD ESTIMATED 2011 Entitlement (20%) allocation of 5197,247.60) $ 197,247.60 n/a City of National City- Community Services Department Neighborhood Councils Program $ 15,000.00 n/a City of National City - Community Development Department CDBG Program Administration $ 144,247.60 n/a Fair Housing Council of San Diego Fair Housing and Tenant -Landlord Education Services $ 38.000.00 HOME Program Total (with HUD ESTIMATED 2011 Entitlement allocation of $560,971.00 and $75,167 in HOME Program income) $ 636,138.00 n/a City of National City - Community Development Department Housing Development Fund $ 572,525.00 n/a City of National City - Community Development Department _ HOME Program Administration $ 63,613.00 CDBG Administration for FY2010-2011 to Finance Dep. from Calendar Year 2010 CDBG Program income $ 7,665.00 n/a City of National City -Community Development Department CDBG Program Administration $ 7,665.00 'uN quamgReily CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 3, 2011 AGENDA ITEM NO. 16 ... M TITLE: Resolution of the City Council of the City of National City authorizing the reallocation of $476,988 in unexpended Community Development Block Grant (CDBG) entitlement funds, $38,325 in CDBG Program income, and $75,167 in Home Investment Partnerships (HOME) Program income, and authorizing the submission of the 2011-2012 Annual Action Plan to the United States Department of Housing and Urban Development (HUD). (Community Development, Housing and Grants) PREPARED BY: Carlos J. Aguirre, (619) 336-4391& DEPARTMEN om ity I e1opment APPROVED BY: EXPLANATION: The Annual Action Plan for FY 2011-2012 outlines how the City plans to expend $986,238 in federal Community Development Block Grant funds (CDBG) and $560,971 in HOME Investment Partnerships (HOME) Program entitlement funds. In addition to the funding sources noted above, the City will also reallocate $476,988 of CDBG funds that remain from previous year activities, $38,325 in CDBG Program income and in $75,167 in HOME Program Income. The reallocation of $476,988 in CDBG funds from previous years is based on the remaining unallocated cash balance of funds currently in the Integrated Disbursement and Information System (IDIS). IDIS is used by the City to track HUD funds. The amount of funds available in IDIS equals the unallocated cash balance in the City's CDBG fund 301. When projects are completed or cancelled, IDIS makes any remaining funds available for funding other activities. All current CDBG activities listed in Exhibit "A" of the Resolution have been fully funded and are open, current, and active. Any activity not listed on Exhibit "A" previously allocated CDBG funds, by exclusion, is made void by the Resolution. The CDBG and HOME Program income to be reallocated respectively is from the total of all income, both in principal and interest, receipted by the City from January 1, 2010 through December 31, 2010. The list of proposed CDBG activities under Exhibit `B" of the olution is based on new estimates released by HUD on April 25, 2011. Activities in lower rank that were not covered by estimated amount of funds were eliminated as established under the "Decide and Rank" selection method by City Council at the first public hearing on March 15, 2011. As directed by the City Council at the first public hearing, staff will adjust activity allocations if there is a variance from the final entitlement appropriations yet to be released. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: C m/ APPROVED: Finance MIS An estimated $986,238 in CDBG and $560,971 in HOME funds appropriated. The City will also reallocate $476,988 of CDBG funds from previous activities closed, $38,325 in CDBG program income and $75,167 in HOME Program income. ENVIRONMENTAL REVIEW: The development of the Annual Action Plan is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: RESOLUTION 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE REALLOCATION OF $476,988 IN UNEXPENDED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ENTITLEMENT FUNDS, $38,325 IN CDBG PROGRAM INCOME, AND $75,167 IN HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM INCOME, AND AUTHORIZING THE SUBMISSION OF THE 2011/2012 ANNUAL ACTION PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, as an entitlement community, the City of National City ("City") administers the Community Development Block Grant ("CDBG") and the Home Investment Partnerships Act ("HOME") Program for the Federal Government under the United States Department of Housing and Urban Development ("HUD"); and WHEREAS, in accordance with the federal regulations at 24 CFR, Part 91, the City is required to prepare and submit an Annual Action Plan for its Housing and Community Development Programs in accordance with the needs and priorities established in the Five -Year Consolidated Plan approved by the City Council on May 4, 2010; and WHEREAS, HUD requires that all CDBG and HOME Program entitlement communities, such as the City of National City, hold at least two Public Hearings and a 30-day public comment period to solicit input on the Annual Action Plan, which includes a reallocation of entitlement funds awarded in previous years, and program income receipted by the City from January 1 to December 31, 2010; and WHEREAS, the City Council conducted a duly advertised public hearing on March 15, 2011, and May 4, 2011, to receive input from the public; and WHEREAS, the City placed the draft Annual Action Plan, which includes a list of proposed activities for the CDBG and HOME Programs and the intent to reallocate funds for a duly advertised 30-day public comment period, on the City's website and in the Office of the City Clerk from March 28 to April 27, 2011; and WHEREAS, the City will incorporate any comment received during the 30-day public comment period in the final submission of said Plan by May 15, 2011; and WHEREAS, on April 25, 2011, HUD released estimated entitlement appropriations for the City of $986,238 for CDBG and $560,971 for HOME Program activities that have been used to determine the Annual Action Plan activities to consider for funding, hereto attached as Exhibit "A", and eliminate activities from those activities recommended for funding on March 15, 2011, by using the ranking method as recommended by the City Council on March 1, 2011, and implemented at the first Public Hearing on March 15, 2011; and WHEREAS, staff has identified and verified the availability of $476,988 in unexpended CDBG funds that can be reallocated from previous year projects that have been completed or canceled; and WHEREAS, staff has identified all current CDBG activities that have been funded by previous resolutions of the City Council, attached hereto as Exhibit "B"; and Resolution No. 2011 — May 3, 2011 Page 2 WHEREAS, any previously approved CDBG activity by resolution of the City Council not listed in Exhibit "B" is made void and obsolete as of the date of this Resolution; and WHEREAS, staff recommends the reallocation of unexpended CDBG funds in the amount of $476,988 to supplement the funding of activities listed in Exhibit "A"; and WHEREAS, the Finance Department has identified program income received for the CDBG and HOME Programs from January 1, 2010 to December 31, 2010, and staff recommends the reallocation of CDBG Program income in the amount of $38,325 and HOME Program income in the amount of $75,167 to supplement the funding of activities listed in the FY 2011-2012 Annual Action Plan as listed in Exhibit "A"; and WHEREAS, staff recommends the allocation of $7,665 from the identified $38,325 of CDBG Program income toward CDBG Program Administration in Fiscal Year 2010-2011 as listed in Exhibit "A"; and WHEREAS, staff will make necessary adjustments to the CDBG and HOME activity allocations listed in the Annual Action Plan by following the ranking method as has been directed by the City Council when the final appropriations are released by HUD, making the final allocations official by attaching the final list of Annual Action Plan activities to this Resolution as Exhibit "C", and by promptly notifying all applicants of Program Year 2011-2012 funds; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the reallocation of $476,988 in CBDG previous year entitlement funds, $38,325 in CDBG Program income of which $7,665 of the $38,325 is allocated towards CDBG Program Administration, and $75,167 in HOME Program income to supplement funding of activities included in the FY 2011-2012 Annual Action Plan and FY 2011-2012 CDBG Program Administration. BE IT FURTHER RESOLVED that the City Council authorizes the submission of the FY 2011-2012 Annual Action Plan for the expenditure of said funds to the U.S. Department of Housing and Urban Development. BE IT FURTHER RESOLVED that any previously approved CDBG activity by resolution of the City Council not listed in Exhibit "B" is made void and obsolete as of the date of this Resolution. PASSED and ADOPTED this 3rd day of May, 2011. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia G. Silva Exhibit "A" FY2011-2012 Annual Action Plan CDBG and HOME Program Activities (based on HUD Entitlement Estimates released on 4/25/2011 and subject to change) Rank Applicant Name Program Name Estimated Allocation CDBG Public Services Total (with a HUD ESTIMATED 2011 Entitlement (15%) allocation of $147,935.70 and $5748.00 In Program income) $ 153,683.70 1 City of National City Public Library National City Public Library Literacy Services $ 52,000.00 2 City of National City Community Services Department Tiny Tots $ 29,337.00 3 South Bay Community Services National City Police Department Support Services: Juvenile Diversion $ 20,000.00 4 Trauma Intervention Programs of San Diego County, Inc. Trauma Intervention Program $ 8,000.00 5 City of National City Community Services Department Learn to Swim $ 32,856.00 6 City of National City Community Services Department At Risk Youth Afterschool Teen Program "Supreme Teens" $ 11,490.70 CDBG Non -Public Services Total (with a HUD ESTIMATED 2011 Entitlement (65%) allocation of $641,054.70, $24,912.00 in Program Income, and $476,988 in reallocated funds from activities completed and closed) $ 1,142,954.70 1 City of National City- Community Development Department National City Housing Inspection Program $ 151,570.00 2 City of National City -Development Services Department Storm Drain Improvements $ 100,000.00 3 City of National City -Development Services Department Upgrade Substandard Pedestrian Ramps, Sidewalk, Curb, and Gutter Concrete Improvements $ 200,000,00 4 Environmental Health Coalition Making National City's "Healthy Homes" Energy Efficient Round II $ 80,027.00 5 011vewood Gardens and Learning Center Signage for Olivewood Gardens $ 20,000,00 6 City of National City Neighborhood Services Department Neighborhood Preservation $ 30,000.00 7 City of National City -Development Services Department Pedestrian Safety and Accessibility Enhancements on E. 8th Street near Seventh-Day Adventists Church and Paradise Valley Hospital $ 100,000.00 8 City of National City -Development Services Department ADA Park Improvements $ 241,873.00 9 City of National City -Development Services Department Pedestrian Safety and Accessibility Enhancements for National City Public Library- National City Blvd. and E. 1.5th St. $ 120,000.00 10 City of National City -Development Services Department Pedestrian Safety and Accessibility Enhancements at Sweetwater High School - F Ave & E. 30th St $ 99,484.70 CDBG Planning/ Administration Total (with a HUD ESTIMATED 2011 Entitlement (20%) allocation of $197,247.60) $ 197,247.60 n/a City of National City- Community Services Department Neighborhood Councils Program $ 15,000.00 n/a City of National City -Community Development Department CDBG Program Administration $ 144,247.60 n/a Fair Housing Council of San Diego Fair Housing and Tenant -Landlord Education Services $ 38,000.00 HOME Program Total (with HUD ESTIMATED 2011 Entitlement allocation of $560,971.00 and $75,167 In HOME Program Income) $ 636,138.00 n/a City of National City -Community Development Department Housing Development Fund $ 572,525.00 n/a City of National City -Community Development Department HOME Program Administration $ 63,613.00 CDBG Administration for FY2010-2011 to Finance Dep. from Calendar Year 2010 CDBG Program Income $ 7,665.00 n/a City of National City -Community Development Department CDBG�Program Administration $ 7,665.00 Exhibit "B" CITY OF NATIONAL CITY CDBG OPEN PROJECT FUNDING STATUS AS OF 3/31/1011 IDIS NO. ORIGINAL ALLOCATION DRAWN DOWN AS OF 3/31/11 AVAILABLE TO DRAW FY 2009 - 2010 ALLOCATION Christmas in July National City/ Minor Rehabilitation Program 621 109,118.00 27,022.88 82,095.12 City of National City Development Services/ Storm Drain Improvements 643 124,494.00 102,950.65 21,543.35 City of National City Development Services/ ADA Park Improvements 600 138,878.00 45,058.78 93,819.22 FY 2010 - 2011 ALLOCATION - Burn Institute/Fire and Burn Prevention 625 8,000.00 5,291.27 2,708.73 Community Youth Athletic Center/ Champs for Life 644 10,000.00 5,000.00 5,000.00 City of National City Community Services Department/ At Risk Youth -Supreme Teens 639 20,000.00 20,000.00 0.00 City of National City Community Services Department/ Learn to Swim 640 10,023.00 10,023.00 0.00 City of National City Community Services Department/ Tiny Tots 641 29,337.00 29,337.00 0.00 City of National City Library/ Literacy Services 642 49,600.00 49,600.00 0.00 Meals on Wheels Greater San Diego, Inc./ Meals -on -Wheels 630 10,000.00 5,000.00 5,000.00 South Bay Community Services/ National City Police Department Support Services- Juvenile Diversion Program 631 20,000.00 12,966.00 7,034.00 Trauma Intervention Programs of San Diego County, Inc./ Crisis Intervention 632 8,000.00 - 8,000.00 City of National City/ Housing Inspection Program 629 94,000.00 62,105.19 31,894.81 Southwestern Community College District/ 635 35,000.00 - 35,000.00 Environmental Health Coalition/ Making National City's Healthy Homes Energy Efficient 628 66,908.00 24,687.55 42,220.45 Christmas in July National City/ City Clean Up Program 645 30,000.00 8,613.44 21,386.56 City of National City Development Services/ Soccer Field at El Toyon 646 238,925.00 222,935.46 15,989.54 City of National City/ El Toyon Park Garden 633 50,000.00 50.00 49,950.00 La Maestra Clinic/ Health Services Equipment (Dental Chairs) 624 25,000.00 - 25,000.00 NC Living History Farm Preserve, Inc./ Stein Farm Barn Preservation 647 25,000.00 - 25,000.00 Sweetwater Union High School -Joint Use Athletic Facility 648 200,000.00 - 200,000.00 City of National City Development Services/ ADA Park Improvements 649 75,000.00 - 75,000.00 City of National City Development Services/ Concrete Improvements 650 200,000.00 95,918.74 104,081.26 Boys & Girls Club of Inland North County/ Boys and Girls Club Site Feasibility Study 634 11,339.00 11,339.00 0.00 Neighborhood Councils 636 15,000.00 15,000.00 0.00 Fair Housing Council of San Diego/ Fair Housing and Tenant - Landlord Services 637 38,000.00 17,108.00 20,892.00 City of National City Community Development/ CDBG Administration 2010-2011 638 155,608.00 113,044.28 42,563.72 Totals $ 1,797,230.00 $ 883,051.24 $ 914,178.76 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 3, 2011 AGENDA ITEM NO. 17 'EM TITLE: Resolution of the City Council of the City of National City to grant another designated period for two years additional service credit consistent with the provisions of the City Council approved Employee Voluntary Separation Program. PREPARED BY: Stacey Stevenson DEPARTMENT: PHONE: 336-4308 APPROVED B EXPLANATION: Reso• ces Resulting from a projected structural deficit, in an effort to avoid transfers, demotions and layoffs that would impact greater than one percent (1 %) of the workforce, the City Council of the City of National City approved the implementation of an Employee Voluntary Separation Program. Under the terms of the program, eligible employees may elect to retire from the City and receive two additional years of service purchased by the City and creditable towards the employees' retirement from the California Public Employee Retirement System (CaIPERS). In order to execute this provision of the Program, as authorized under Government Code Section 20903, staff hereby requests that the City Council designate a ninety (90) day period, effective March 30, 2011 during which eligible employees must retire in order to receive the additional service credit. Consistent with the provisions of Section 20903, at least one position shall remain permanently unfilled thereby resulting in an overall reduction in the workforce. e list of eligible employee classifications is contained in Attachment 1. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The cost of the purchase of service credit will be included in the City's employer contribution rate commencing in Fiscal Year 2013-2014. This increase in contribution rate will be amortized over a 20 year period. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Recommend approval of Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: iployee Voluntary Separation Program, List of Eligible Classifications resolution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO GRANT ANOTHER DESIGNATED PERIOD FOR TWO YEARS ADDITIONAL SERVICE CREDIT WHEREAS, the City Council of the City of National City is a contracting Public Agency of the Public Employees' Retirement System; and WHEREAS, the City Council desires to provide another designated period for Two Years Additional Service Credit, Section 20903, based on the contract amendment included in said contract which provided for Section 20903, Two Years Additional Service Credit, for eligible members. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does seek to add another designated period from March 30, 2011 through June 28, 2011, for eligible Executive and Management employee classifications, excluding public safety command classifications. PASSED and ADOPTED this 3rd day of May, 2011. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney ATTACHMENT #1 EMPLOYEE VOLUNTARY SEPARATION PROGRAM MARCH, 2011 ELIGIBLE CLASSIFICATIONS (Alphabetical Order) Assistant City Manager Building Official City Engineer City Manager City Librarian Community Development Executive Director Community Development Manager Community Services Director Director of Public Works Equipment Maintenance Supervisor Facilities Maintenance Supervisor Financial Services Officer Housing Programs Manager Human Resources Director Management Analyst I Management Analyst III Management Information Systems Manager Nutrition Program Manager Park Superintendent Police Support Services Manager Principal Engineer Principal Planner Records Management Officer Senior Accountant Senior Assistant City Attorney Street Maintenance & Wastewater Superintendent Traffic Engineer CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 3, 2011 AGENDA ITEM NO. 18 EM TITLE: Resolution of the City Council of the City of National City authorizing the conversion of F Avenue and E. 28th Street adjacent to Sweetwater High School to a one-way route (southbound to eastbound) with improvements to student drop-off / pick-up and parking (TSC Item No. 2011-7) PREPARED BY: Stephen Manganiello, Traffic Engineer PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Development Services / APPROVED BY: Engi FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: At their meeting on March 9, 2011 the Traffic Safety Committee approved the staff recommendation to enhance traffic safety, circulation and parking. ATTACHMENTS: xplanation, Exhibit and Letters of Support _taff Report to the Traffic Safety Committee (March 9, 2011) 3. Resolution Explanation At the request of the Traffic Safety Committee, staff met with school officials and residents regarding the potential for converting F Avenue and E. 28th Street adjacent to Sweetwater High School to a one-way route (southbound to eastbound) to enhance safety, traffic circulation and parking. Currently the street is too narrow to adequately support two-way traffic with parking on both sides. Concerns regarding traffic circulation, safety and damage to parked vehicles have been presented by the Community. City Fire also expressed their concerns regarding emergency vehicle access. City staff met with principals and support staff from both Sweetwater High School and Olivewood Elementary School on several occasions to discuss traffic safety, circulation and parking issues. Both school administrations fully support the street conversion. On January 27, 2011, City staff presented the street improvements to the adjacent property owners at a public meeting held at Sweetwater High School. The adjacent home owners overwhelming expressed their support for the improvements, which will result in 14 additional parking spaces. See attached signed petition. It shall be noted that staff has not received any objections to the project. The recommended traffic safety, circulation and parking enhancements for F Avenue and E. 28th Street adjacent to Sweetwater High School are summarized as follows: 1) Convert F Avenue between E. 26th Street and E. 28th Street, and E. 28th Street between F Avenue and Highland Avenue, to a one-way route (southbound to eastbound), including regulatory signage and striping; 2) Create a student loading zone on the south side of E. 28th Street between F Avenue and Highland Avenue, adjacent to Sweetwater High School, using cones and signage; 3) Install 15-minute angled parking on the east side of F Avenue between E. 26th Street and E. 28th Street, restricted to M-F from 7am-5pm; The City will provide appropriate signing, striping and enforcement for the street conversion. Sweetwater High School will be responsible for providing temporary cones / delineators and staffing for the student loading zone. Improvements will be implemented in late June 2011, while both schools are out of session. City and school staff will monitor conditions and keep residents informed. After 6 months staff will provide a progress report to the Traffic Safety Committee and City Council. TSC 2011-7 RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CONVERSION OF F AVENUE AND EAST 28TH STREET, ADJACENT TO SWEETWATER HIGH SCHOOL, TO A ONE-WAY ROUTE (SOUTHBOUND TO EASTBOUND) WITH IMPROVEMENTS TO STUDENT DROP-OFF/PICK-UP AND PARKING WHEREAS, City staff met school officials and residents regarding the potential conversion of F Avenue and East 28th Street, adjacent to Sweetwater High School, to a one- way route (southbound to eastbound) to enhance safety, traffic circulation, and parking; and WHEREAS, the officials and staff members of both Sweetwater High School and Olivewood Elementary School fully support the street conversion; and WHEREAS, on January 27, 2011, a public hearing was held at Sweetwater High School where City staff presented the street improvements to the adjacent property owners who expressed their overwhelming support for the improvements; and WHEREAS, the recommended traffic safety, circulation, and parking enhancements for F Avenue and East 28th Street, adjacent to Sweetwater High School, are as follows: 1. Convert F Avenue between East 26th Street and East 28th Street, and East 28th Street between F Avenue and Highland Avenue, to a one-way route (southbound to eastbound), including regulatory signage and striping. 2. Create a student loading zone on the south side of East 28th Street between F Avenue and Highland Avenue, adjacent to Sweetwater High School, using cones and signage. 3. Install 15-minute angled parking on the east side of F Avenue between East 26th Street and East 28th Street, restricted to Monday through Friday from 7:00 a.m. to 5:00 p.m.; and WHEREAS, the City will provide appropriate signing, striping, and enforcement for the street conversion, and Sweetwater High School will be responsible for providing temporary cones/delineators and staffing for the student loading zone. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the conversion of F Avenue and East 28th Street, adjacent to Sweetwater High School, to a one-way route (southbound to eastbound), with improvements to student drop-off/pick-up and parking. -- Signature Page to Follow -- Resolution No. 2011 — Page 2 PASSED and ADOPTED this 3rd day of May, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney PROPOSED TRAFFIC SAFETY AND CIRCULATION ENHANCEMENTS - F AVENUE AND E. 28TH STREET "FINAL RECOMMENDATIONS" parking Calculations Existing = 82 spaces Proposed = 96 spaces Net Gain = 14 spaces Image,y Dale. Aug 24,-2010 = Parallel Parking (unrestricted) = Angled Parking (unrestricted) = Angled Parking (15 min. I M-F, 7am-5pm) = Student Loading Zone (1 min. I M-F, 7am-9am, 1pm-4pm) = One -Way Traffic Circulation = Cones / Delineators o d: ELFtelt "PETITION FROM RESIDENTS" (PROPERTIES FRONTING TILE 2700 BLOCKS OF F AVENUE AND G AVENUE, AND 600 - 700 BLOCKS OF E. 28"' STREET) F AVENUE AND E. 28T" STREET TRAFFIC SAFETY AND CIRCULATION ENEIANCEMENTS WE THE UNDERSIGNED PROPERTY OWNERS SUPPORT THE CONVERSION OF F AVENUE (BETWEEN E 2(i "STREET AND E_ 28T" STREET) AND E_ 2811' STREET (BETWEEN F AVENUE AND HIGHLAND AVENUE) TO A ONE-WAY ROUTE (SOUTHBOUND TO EASTBOUND) WITH IMPROVEMENTS TO STUDENT DROP- OFF/ PICK-UP AND PARKING (PER THE ATTACHED EXHIBIT) T() ENHANCE TRAFFIC SAFETY AND CIRCULATION, WITH THE UNDERSTANDING THAT THE CITY OF NATIONAL CITY WELL COORDINATE WITH SWEETWATER MITI! SCHOOL TO MONITOR CONDITIONS ANI) KEEP US INFORMED OVER THE COURSE OFTHE SIX MONTH TRIAL PERIOD_ NAME (PRINT) abed_ hfrMe rer nU _Vet 4,,,tFaa-«> » -i-1vc FTkie f ,' F-z-mac Ala (CT RI I 14i'tc SIGNATURE DATE STREET ADDRESS toil_ E Z 1 to N -C Z-73o y__ N • ( 64) t 2'Isi" 2 Sweetwater High School Office of the Principal 2900 Highland Avenue National City, CA 91950 619-474-9700 April 5, 2011 Maryam Babaki, P.E. Development Services Director / City Engineer City of National City 1243 National City Boulevard National City, CA 91950 RE: Letter of Support — F Avenue and E. 28th Street Traffic Safety and Circulation Enhancements Dear Ms. Babaki: On behalf of Sweetwater Fiigh School, I would like to take this opportunity to express our support of the City's proposal to convert F Avenue and E. 28th Street, adjacent to the high school, to a one-way street with improvements to parking and student drop-off / pick-up. We will continue to provide outreach to our students, staff and the residents to assist the City with the street conversion. Based on our previous meetings, it is our understanding that the City will install the signing and striping required for the street conversion, while Sweetwater High School will provide the cones and daily set up, supervision and monitoring required for the student loading zone on E. 28h Street adjacent to the school We look forward to working with the City on implementing this important project to alleviate traffic congestion and enhance safety for our students. Sweetwater Union High School District programs and activities shall be free from discrimination based on gender, sex, race, color, religion, ancestry, national origin, ethnic group identification, marital or parental status, physical or mental disability, sexual orientation, or the perception of one of more of such characteristics. SUHSD Board Policy 0410 Los programas y actividades del distrito escolar de Sweetwater Union deberan estar fibres de discrimination basada en geneeo, sexo, raza, color, religion, ascendencia, origen national, identificaciOn con un grupo etnico, estado civil o discapacidad fisica o mental, orientation sexual o por la perception de una o mos o de dichas caracteristicas. Policita 0410 del Consejo de SUI-ISD. 3 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MARCH 9, 2011 ITEM TITLE: REQUEST FOR CONVERSION OF F AVENUE AND E_ 28Tn STREET ADJACENT TO SWEETWATER HIGH SCHOOL TO A ONE-WAY ROUTE WITH IMPROVEMENTS TO STUDENT DROP-OFF / PICK-UP AND PARKING (BY SWEETWATER HIGH SCHOOL AND ADJACENT HOME OWNERS) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: At the request of the Traffic Safety Committee, staff met with school officials and residents regarding the potential for converting F Avenue and F. 28"' Street adjacent to Sweetwater High School to a one-way route (southbound to eastbound) to enhance safety, traffic circulation and parking_ Currently the street is too narrow to adequately support two-way traffic with parking on both sides. Concerns regarding traffic circulation, safety and damage to parked vehicles have been presented by the Community City Fire also expressed their concerns regarding emergency vehicle access_ City staff met with principals and support staff from both Sweetwater High School and Ofivewood Elementary School on several occasions to discuss traffic safety, circulation and parking issues. Both school administrations fully support the street conversion. On January 27, 2011, City staff presented the street improvements to the adjacent property owners at a public meeting held at Sweetwater High School. The adjacent home owners overwhelming expressed their support for the improvements. See attached signed petition. STAFF RECOMMENDATION: Staff recommends the following traffic safety, circulation and parking enhancements for F Avenue and E. 28'" Street adjacent to Sweetwater High School: 1) Convert F Avenue between E. 26th Street and E. 28'h Street, and E. 28`h Street between F Avenue and Highland Avenue, to a one-way route (southbound to eastbound), including regulatory signage and striping; 2) Create a student loading zone on the south side of E. 28th Street between F Avenue and Highland Avenue, adjacent to Sweetwater High School, using cones and signage; 3) Install 30-minute angled parking on the east side of F Avenue between E 26`" Street and E_ 28th Street, restricted to M-F frorn 7am-5pm; The City will provide appropriate signing, striping and enforcement for the street conversion_ Sweetwater High School will be responsible for providing temporary cones / delineators and staffing for the student loading zone_ The proposed improvements will be implemented for a 6 month trial period. City and school staff will monitor conditions throughout the trial period and keep residents informed. Al the end of the trial period 4 City staff will present their findings to the Traffic Safety Committee with a recommendation to maintain or modify the street conversion. EXHIBITS: 1. Correspondence 2_ Location Map with Proposed Improvements 3. Photos 2011-1 5 "PETITION FROM RESIDENTS" (PROPERTIES FRONTING THE 2700 BLOCKS OF F AVENUE AND G AVENUE, AND 600 - 700 BLOCKS OF E. 28 1I STREET) F AVENUE AND E. 281It STREET TRAFFIC SAFETY AND CIRCULATION ENHANCEMENTS WE THE UNDERSIGNED PROPERTY OWNERS SUPPORT THE CONVERSION OF F AVENUE (BETWEEN E. 26TU STREET AND E. 28TI1 STREET) AND E. 28" STREET (BETWEEN F AVENUE AND HIGHLAND AVENUE) TO A ONE-WAY ROUTE (SOUTHBOUND TO EASTBOUND) WITH UVIPROVEMENTS TO STUDENT DROP- OFF / PICK-UP AM) PARKING (PER THE ATTACHED EXHIBIT) TO ENHANCE TRAFFIC SAFETY AND CIRCULATION, WITH THE UNDERSTANDING THAT THE CITY OF NATIONAL CITY WILL COORDINATE WITH SWEETWATER HIGH SCHOOL TO MONITOR CONDITIONS AND KEEP US INFORMED OVER THE COURSE OF THE SIX MONTH TRIAL, PERIOD. NAME (PRINT) abeftheeig ' nando [ketirvi SIGNATtIRE DATE -s =ft 25 It STREET ADDRESS toll E nth N.0 S r Z730 2 osEIAv ,UG 6/1 L z S !U� 6 January 18, 2011 G:l1t:I.FOR:NIA -s- 51 -II xArcoRPOR ATRD RE: Public Meeting - Traffic Safety & Circulation Enhancements on F Avenue and E. 28th Street adjacent to Sweetwater High School Dear Resident, We would like to invite you to a public meeting to discuss opportunities to enhance safety, traffic circulation, and parking on F Avenue and E. 28th Street, adjacent to Sweetwater high School. The meeting will be held in the cafeteria at Sweetwater High School at 6:00prn on Thursday, January 27, 2011. Attached is a conceptual exhibit illustrating our proposal_ Please feel free to contact Stephen Manganietlo, Traffic Engineer, at 619-336-4382 with any questions. Sincerely, Maryam Babaki, P_E_ Development Services Director / City Engineer Attachments Conceptual exhibit (see reverse side of letter) Engineering Department 1243 National City Boulevard, National City, CA 91950-4301 619/336-4380 Fax 619/336--4397 www.nationalcityca.gov PROPOSED TRAFFIC SAFETY AND CIRCULATION ENHANCEMENTS - F AVENUE AND E. 28TH STREET t&mp8 = Parallel Parking (unrestricted) = Angled Parking (unrestricted) 7-1 = Angled Parking (30 min. 1 M•F, 7am•9am, 1 pm•4pm) L:J ■ Student Loading Zone (3 min. ! M•F, 7am•9am, 1 pm•4pm) --► = One•Way Traffic Circulation • • • • = Cones / Delineators Existing = 82 spaces Proposed = 86 spaces Net Gain = 14 spaces .,,. I•na'prty;Deto:'.Mlg'2d; 2010 fM7 Ke 'no+rnde2) • vevrei 06Aims LCe2 l(: .f.lGdy o l-. FA.� 4 1 cS. 2gF` rt l J/ C�ti f � fwct l-...c Ad _s '171f-775 z-130 P. c J ��� okt C-2g1 t'Z1 6 7dth tki1-93N sy- 2_7o6 G Sr -{ Go tiii a_ u �vza -4 rip eviy r() l� . A4 /S. P -� 4 ilea, C sti C 6S-G07 CLi3 z� sT 1-13 c am lit (6 /I) 36 / S --y w .Y /34 _ic i j� �' • y C7 4(7q-72cl9 -57 31� r� C.c.-.5.s-(/. .; a I;_-, c •.1-;-. � G l 4 Y.l.e �i if; 1 l c nr. f I /, / 7 .-s � �/7"/ �.-a C„ i f! s I Saa. c t !. wt i c .�- /�: ''i 9 Stephen Manganiello From: Stephen Manganiello lent: Wednesday, January 12, 2011 7: 1 7 AM To: 'Richard Carreon' Cc: Roman Del Rosario; David Mitrovich; Michael Govea; !liana Grossman; 'Georgia Wapnowski ; Brad Raulston; Maryam Babaki; 'Beverly Hayes' Subject: RE: SPAM:RE: Traffic Issues near Sweetwater High and Olivewood School Richard, Thanks for the update and for coordinating the home visits. We will also send a letter to the residents this week inviting them to the meeting. In regards to the meeting format, we will be available to discuss the proposal with the residents and answer questions (no formal presentation or PowerPoint). See you on the 27th. Thanks_ Stephen Manganiello Traffic Engineer City of National City Engineering Department 1243 National City Boulevard National City, CA 91950 phone: 619-336-4380 fax: 619-336-4397 lirect: 619-336-4382 email: smanganiello@nationalcityca.gov website: www.nationalcityca.gov Original Message - From: Richard Carreon fmailto:Richard.Carreon@sweetwaterschools.orgl Sent: Wednesday, January 12, 2011 6:50 AM To: Stephen Manganiello Cc: Roman Del Rosario; David Mitrovich; Michael Govea; Lilliana Grossman Suhject- RE: SPAM:RE: Traffic Issues near Sweetwater High and Olivewood School Hi Stephen, As of now, January 27th looks great_ We will be meeting in the cafeteria at Sweetwater High. There is easy access to the cafeteria from the 28th street. The administrative team from Sweetwater High School will complete home visits to the residents on E. 28th street_ Will your office be sending a flyer to invite them as well? 'thanks, Rich Carreon Assistant Principal (619) 474 -9710 Original Message From: Roman Del Rosario Sent: Tuesday, January 11, 2011 10:55 AM To: Richard Carreon Subject: FW: SPAM:RE: Traffic Issues near Sweetwater High and Olivewood School Rich, Please respond. Cafeteria 10 PROPOSED TRAFFIC SAFETY AND CIRCULATION ENHANCEMENTS - F AVENUE AND E, 28TH STREET 777 = Parallel Parking (unrestricted) a Angled Parking (unrestricted) r I = Angled Parking (30 min. M•F, 7am•9am, 1pm•4pm) = Student Loading lone (3 min, i M•F, 7am•9am, ipm•4pm) ^-�-► = One•Way traffic Circulation • • • • = Cones / Delineators parkino Calculations Existing = 82 spaces Proposed = 96 spaces Net Gain = 14 spaces knape,yUaln 1'Ap 24',,2070 E. 28ffi Street between F Avenue and Highland Avenue (looking west) 12 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 3, 2011 AGENDA ITEM NO. 19 M TITLE: Resolution of the City Council of the City of National City approving the revision of City Council Policy #801 regarding 'Recreational Field and Sports Facility Rules and Regulations', to incorporate the new multi -use sports/athletic field at El Toyon Park. PREPARED BY: Brenda E. Hodges, Director DEPARTMENT: Community Services PHONE: X4290 APPROVED BY: ✓,:dpcjea- EXPLANATION: ((JJ Due to the completion of the new artificial turf, multi -use field at El Toyon park, it is necessary to update City Council Policy #801 regarding the use of sports fields. The City Council appointed a committee, which includes the Mayor, Vice Mayor, Community Services Director and various members of Community Services, Public Works/Parks, and Engineering Departments. The committee has met several times and recommends the enclosed policy updates and revisions. Input was also solicited from the Project Consultant as well as the manufacturer of the artificial turf. The Parks & Recreation Advisory Board reviewed/approved changes at their 4/21/11 meeting. The revisions, and copies of the new policy, will also be reviewed with all the interested teams and leagues at an upcoming 'field allocation' meeting. Attached is a brief overview of the 'significant changes', and the final version of the revised policy. FINANCIAL STATEMENT: ACCOUNT NO. n/a ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the resolution to approve the policy revision enclosed. BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: nificant Policy Changes __icy #801, Revised 5/3/11 Sports Field Schedule RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A REVISION OF CITY COUNCIL POLICY NO. 801 REGARDING "RECREATIONAL FIELD AND SPORTS FACILITY RULES AND REGULATIONS" TO INCORPORATE THE NEW MULTI -USE SPORTS/ATHLETIC FIELD AT EL TOYON PARK BE IT RESOLVED by the City Council of the City of National City that City Council Policy No. 801, entitled "Recreational Field and Sports Facility Rules and Regulations" is amended as recommended by the Director of Community Services to incorporate the new multi- use Sports/Athletic Field at El Toyon Park. PASSED and ADOPTED this 3rd day of May, 2011. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney SIGNIFICANT CHANGES to POLICY #801 1. Overall typo, grammar corrections, clean-up, re -formatting, clarification 2. Page 2 #B5,. and Page 6 #C4: included `smoking' in the zero -tolerance policy for field/facility users 3. Page 3 #A2: limit permits to specific dates instead of allowing teams to reserve a field for their exclusive use all season 4. Page 4 #A6: updated Code of Conduct language for coaches 5. Page 4 #B2 and Page 10 #J: failure to provide the City with a complete roster (to prove residency) could result in a temporary permit being issued (until roster is provided), or being charged non-resident fees. 6. Page 6 #G and Page 15 #H: limited advertising at parks/fields to team/league specific signs. 7. Page 9 #7: Addresses Pro/Semi-Pro teams, ranks their priority regarding field allocation, and mentions 'gate receipt fee' (see #9 below) 8. Page 10 #K: removed specific names of teams that are exempt from paying user fees, since many of them no longer exist. 9. Page 11: Added "Gate Receipt Fees". For -profit organizations must pay the City a percentage of revenues they receive while using City fields/facilities (also see #7 above) 10. Page 14, Section.V #A: added reference to new multi -use field 11. Page 15 #K&L: removed requirement for teams to provide their own lock/key. They may still do so if they wish, but are not required to do so. 12. Pages 16-17: added Section VII for rules governing the new multi -use field Rev 4/19/11 CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page 1 of 17 GENERAL POLICY A. DEFINITIONS For the purposes of this document, the following definitions will be used. Facility: any City of National City recreational building, sports field, court or associated areas. Organized Team Event: Any sport teams with seven (7) or more players participating in a sport with a coach present or in uniform, with exception of the following: (Basketball) Two teams of ten or more players with uniforms and officials; (Soccer/Football) Eight or more players with a coach and/or officials meeting consistently at the same time and/or same place, working on individual team skills. All organized teams are required to obtain a Use Permit. Club or Travel Team: Any single team that belongs in a league who's home office is not based in National City or travels to multiple cities during its season to play games. These teams are required to obtain a Use Permit. Pick Up Game or Casual Use: any sporting activity occurring on a one time or occasional unscheduled basis that is open to any participant at the park. Non-league or club teams using the fields or facilities in this capacity are not required to obtain a Use Permit. Note*: A group with a Use Permit has priority over groups without one. B. INTENT These Rules and Regulations are intended to promote the general health and welfare of the residents of the City of National City, by providing a fair manner of allocating team sports usage of City recreation facilities and sports fields based on the following rules: 1. Facilities, fields and services should be available to all people without discrimination. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page 2 of 17 2. The recreational program should include a wide variety of activities for all age groups and interests. 3. Under certain conditions, AND AVAILABILITY OF FACILITIES, fees may be charged for use of facilities and specialized programs. 4. Maintenance and renovation must be scheduled and implemented to maintain the community's high standards of aesthetics and sustain the playability of the City's facilities. (See Attached Field Maintenance Schedule) 5. National City has a zero tolerance policy with regards to smoking, alcohol and violence. All participants and users of facilities should be able to enjoy sports and programs free of any violence. Thus teams and organizations must have a zero tolerance policy with regards to smoking, alcohol and violence. Weapons of any type (including guns, knives, and whatever other weapons are "popular" today) and promotion of gang culture (i.e. affiliation, colors, symbols, signs) shall be prohibited. C. NON-EXCLUSIVE USE If the City allows other organizations, or the City itself, to share use of the facility on a one-time, occasional or permanent basis, the organization shall agree to such shared use. In return, the City shall adjust the organization's responsibilities/fees accordingly. II. GENERAL RULES A. FACILITIES OR FIELD USE PERMIT A Use Permit must be obtained at the Community Services Department prior to field or facility usage. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page 3 of 17 1. Season: For purposes of this policy, seasons are established as follows: a. Fall Sports (September — November): Football, Cross Country, Water Polo, Tennis, Volleyball; b. Winter Sports (December —March): Soccer, Basketball, Water Polo; c. Spring Sports (March — May): Volleyball, Baseball, Softball, Swimming, Tennis, Track & Field; d. Summer Sports (June — August): Open. Note: "In Season" Calendar is based on California Interscholastic Federation (CIF) competition. Outdoor Tennis and Basketball Courts are excluded from the sports season schedule. Any use other than the intended use of these courts is prohibited. 2. Permits will be issued for specific dates based on actual needs. Leagues will not be allowed to reserve fields for an entire season of exclusive use. 3. Priority will be given to those users whose sport has been classified as "In Season" (see above). With exception of the Summer Sports Season, priority will be given based on the organization that has the largest participant enrollment in the following order: a. National City Resident Youth Teams b. National City Resident Adult Sports teams c. Non -Resident Youth Teams d. Non -Resident Adult Teams 4. If teams are tied with the same amount of enrollment, the team with the higher percentage of National City residents will get priority. If teams do not have any National City Residents on a team roster, priority will be based on a team with the largest participants enrolled. 5. Use of facilities will not be granted to groups for the purpose of profit making without prior City Council approval. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page 4 of 17 6. The organization shall mandate that all coaching staff adhere to "Positive Coaching Alliance" standards or the Code of Conduct from their own professional organization, or similar programs and standards. National City encourages each organization to perform background checks on all volunteers. 7. The City will be guided by, but not limited to, the following factors when considering Field/Facility Use Applications for approval: a) Applicant's history of compliance with City of National City codes, policies, rules, and regulations; b) Applicant's prior experience with the City of National City; c) Applicant's prior experience with other government or public agencies, sports leagues, clubs, travel teams and/or school districts; d) Applicant's prior history of acting in a responsible, safe and respectful manner while utilizing City facilities; e) Applicant's prior history of sportsmanship in its interactions with its team, other teams, city staff, and the community at large; and f) any other factor that the City deems applicable in order to provide the best services to the community as a whole. B. APPLICATION PROCESS 1. Each organization is required to submit the following prior to being granted a Use Permit: a) Field/Facility Use Application for each field/facility requested, b) Current roster and enrollment data (see Section II, #J) c) current organization bylaws, d) Proof of Insurance (see Section II, #P) e) Game schedule showing home games and away games f) a copy of 501(c)(3) status (if applying for non-profit status) and g) a current audited financial statement (as required for 501(c)(3) designations). 2. Current rosters are due by the completion of the season's second week of league game play. Fees must be paid within 10 working days prior to the date of the first practice/game. The City reserves the right to amend the fees if 'residency' information contained in the roster does not match original application. Applications submitted without a roster will be issued a `temoorarv' permit which will be valid throuah the second week of play. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: •May 3, 2011 Page 5 of 17 Upon receipt of the final roster, a permanent permit will be considered. Also see Section II, #J .The deadline to submit a Field/Facility Use Application, will be the month of June -July for fall/winter use, and December -January for spring/summer use. Any organizations missing these deadlines may have access to remaining fields/facilities on an "as available" basis only. 3. The Community Services Department will hold a field/facility allocation meeting twice a year and will include one representative from each participating organization, City staff and a representative of the Parks and Recreation Advisory Board. This group will meet to review City policies and procedures, field/facility use application requests, allocate fields/facilities equitably, and encourage optimum cooperation between all user groups. Meetings will be held in August for the fall/winter season requests, and February for the spring/summer season. Note: If there is ample field space a field allocation meeting may not be needed, and space will be given based on thepriority list (Section II, #I). 4. Any organization that has fields or facilities of their own must first fully utilize those resources before requesting City Fields and Facilities. C. STANDARDS FOR ISSUANCE The Community Services Department may issue a permit when it finds: 1. that the proposed activity or use of facility/field will not pose a hazard to public health, welfare, safety, or interfere with City recreation activities or programs. 2. that the proposed activity or use is not unlawful. 3. that the applicant will not disperse alcoholic beverages in, or on the facility/field. CITY OF NATIONAL CITY $ CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page 6 of 17 4. that the applicant has adopted the City of National City's policy of zero - tolerance for violence, drugs, smoking and alcohol, which includes prohibiting weapons of any type and gang promotion (affiliation, colors, symbols, signs). Articles of clothing that advertise, depict, or glorify alcohol, tobacco, drugs, obscenities, violence, illegal activities, gangs, or prison life shall be prohibited. 5. that the facilities desired have not been previously reserved D. REVOCATION The Community Services Director or his/her designated representative shall have the authority to revoke a permit upon finding violation of any provision hereof, or upon good cause shown. F. SECURITY FOR TEAM ACTIVITIES FOR MINORS Team activities for minors must be supervised by responsible adults on a minimum ratio of (1) adult for every thirty (30) minors. The City may require the sponsoring group to also provide security personnel to be in attendance. The proposed activity will not entail unusual, extraordinary or burdensome expense to the City or involve excessive police operations. G. ADVERTISING 1. Except for specific team/league signs, no advertising signs shall appear on City property without prior approval of the Community Services Director and compliance with appropriate City ordinances. Also see Section I, #N regarding modifications to fields. 2. No soliciting, circulating of petitions, or use of sound trucks or platforms is permitted without written approval of the Community Services Director and compliance with the appropriate ordinances. H. HOUSE RULES 1. Each group or organization that applies for a Field/Facility Use permit will be given a copy of Policy #801 regarding the "Recreational Field and Sports Facility Rules and Regulations" CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page 7 of 17 2. Games and practices can begin no earlier than 12:00 noon on weekdays (Monday -Friday) and 8:00 a.m. on weekends (Saturday -Sunday) unless prior approval has been given by the Community Services Director or his/her designee. No games and/or practices may be scheduled for the following dates: Thanksgiving, Christmas Eve, Christmas Day, New Years Eve, New Years Day, and the 4th of July, without prior approval from the Community Services Director or his/her designee. 3. If keys have been issued, groups must ensure that doors/windows/gates have been locked, lights turned out, and field/facility is secured. The person who signed the Facility Use Application is responsible for any keys issued and must ensure that they are kept safe and secure.. 4. Games and practices must end no later than 10:00 p.m. (Sunday - Saturday), unless prior written approval from the Community Services Director or his/her designee has been obtained. 5. Weekend use, on a regular basis, may be subject to limited hours at the discretion of the Community Services Director, or his/her designee. 6. Organizations/groups utilizing lighted fields/facilities are responsible for ensuring the proper use of lights. Groups are required to submit schedules with their applications outlining their usage time for lights at each requested facility, and inform the City of any changes. The City reserves the right to bill user groups for hourly energy costs. 7. All groups are required to notify the City at least 24 hours in advance of scheduled changes, and/or when field/facility lights are not required. The City reserves the right to bill user groups for hourly energy costs incurred when lights are left on and the fields are not being used, when reserved/scheduled. 8. Use of metal cleats is prohibited without prior approval from the Community Services Director, or his/her designee. 9. At the conclusion of games, practices, and activities, organizations must leave the park/field/facility quickly, quietly, clean, and clear of debris. Failure to do so may result in a clean-up fee, forfeiture of deposit and/or a refusal of future application reauests. CITY OF NATIONAL CITY 7 CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page 8 of 17 10. Due to maximum occupancy limits and parking availability, maximum group sizes may be instituted, or a request may be denied when applying for a facility permit. 11. Lost keys will be subject to replacement fee per Section K. PRIORITY To ensure community recreation fields/facilities are used in the best interest of National City residents at large, the fields/facilities will be administered in accordance with the priority system and following rules. The formula used to determine field allocation percentages will be as follows: the total number of an organization's players, divided by 12, equals the number of teams. The number of teams, divided by the total number of all participating teams, equals that organization's field allocation percentage. 1) CITY PROGRAMS. National City Programs shall have priority over any other programs or usage. 2) CITY SPONSORED PROGRAMS. National City co -sponsored programs shall be given second priority. 3) RESIDENT NON-PROFIT 501(C)(3), NATIONAL CITY YOUTH LEAGUES. National City non-profit community -based leagues, whose charters state service of youth and youth sports activities, with 70% of participants having a National City residency and whose ages are eighteen (18) or younger at the beginning of the season. 4) RESIDENT NON-PROFIT NATIONAL CITY ADULT LEAGUES. National City non-profit community —based leagues, whose charters state service of adult sports activities, with 70% of participants having a National City residency and whose ages are eighteen or older. 5) NON-RESIDENT NON-PROFIT YOUTH LEAGUES. Non -Profit organizations whose charters state service of youth and youth sports activities with less than 70% of participants having a National City CITY OF NATIONAL CITY F CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page 9 of 17 residency whose ages are eighteen (18) or younger at the beginning of the season. 6) NON-RESIDENT YOUTH LEAGUES WITHOUT NON-PROFIT STATUS. See `Pick -Up Game or Casual Use' definition in Section 1I, #A. 7) PRO or SEMI -PRO TEAMS. Team must have an office located within the City of National City. Team must be affiliated with a verifiable pro or semi -pro organization. Team rosters must be comprised of persons eighteen years of age or older. For -profit teams must provide the City of National City with 40% of the total profit, and documentation showing total revenues for verification. Also see Section I, #K regarding 'Gate Receipt' fee. 8) ADULT NON-RESIDENT WITHOUT NON-PROFIT LEAGUES 9) OCCASIONAL USE/RECREATION PLAY. Resident National City Non - Profit Youth League organizations will be given priority for occasional use. Those persons who require the use of a playing field for recreational play such as a company sponsored competition, or youth leagues without non-profit status, shall pay a Use Fee (See Section K) at the rate stated for Adult -for -Profit in the current adopted user fee schedule. 10) TOURNAMENTS. Tournaments shall be defined as non -regular league play or off-season competitions with the primary purpose of fundraising or profit earning. Generally, tournament play is completed in three or Tess days including Resident Youth Leagues, Non -Resident Youth Leagues, Adult Non -Profit Leagues and Adult -for -Profit Leagues. 11) ADULT LEAGUES FOR -PROFIT STATUS. Leagues whose rosters are comprised of persons eighteen years of age or older, and do not have non- profit status. For -profit teams must provide the City of National City with 40% of the total profit, and documentation showing total revenues for verification. CITY OF NATIONAL CITY a CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOP ITLD: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page 10 of 17 J. RESIDENT ADULT/YOUTH ROSTER AND NON-PROFIT VERIFICIATION Each organization must present enrollment data from their current season indicating names, addresses, phone numbers, and birth dates of all participants. The number of participants within each organization's enrollment must be confirmed by the City prior to the field allocation meeting. Failure to provide an official or complete roster with the application may result in: 1. being issued a temporary permit (valid through the end of the 2nd game only), or 2. may place the league in a non-resident fee status, and applicable fees will be charged. 3. also see Section II, #B Each organization must present proof of current non-profit status to receive non-profit status priority. K. FEES AND CHARGES 1. City sponsored events, and 'Resident Teams' will not be subject to a user fee. Resident Teams are defined as having a minimum of 70% National City residents. 2. User Fees are required for organized team events, leagues, and practices that require exclusive use of Outdoor Tennis & Basketball Courts, Indoor Basketball Courts, Baseball/Softball, Soccer and Football Fields. CITY OF NATIONAL CITY (o CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 User Fees Resident teams Non-resident teams Page 11 of 17 N/A $50/hour, 2 hour minimum Field Maintenance/Cost Recovery: turf repair, maintenance, water, equipment. Resident Teams - N/A Non-resident Teams - $10 per participant, per season Use of sport field lights: Resident Teams Non -Resident Teams $10 per hour $20 per hour Aquatics rental (sports teams/leagues): Resident Teams - $25 per hour Non -Resident Teams - $35 per hour Lifeguard fee - $20/hr with 3 guard minimum The number of lifeguards required per event is determined by what the Pool Manager deems safe. Gate Receipt Fee: Any team that charges spectators admission or collects fees, will be assessed fees equivalent to 40% of their documented revenue. These fees must be paid to the City within two weeks after each event. Also see Page 9, #7. Pool Maintenance/Cost Recovery: water, power, gas, and chemicals Resident Teams - $25 per hour Non -Resident Teams - $35 per hour Clean up fee: A clean-up fee may be imposed and based on actual cost when a field is left with an unusual amount of debris. Key replacement fee: $50 per key L. MINIMUM FIELD USAGE Fields cannot be reserved for less than two hour use. CITY OF NATIONAL CITY I1 CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page 12 of 17 M. PAYMENT OF FEES Fees and deposits are to be paid at the time of approval unless special arrangements have been granted by the Community Services Director. Rain outs need to be made up during the season. The season can not be extended. If the fame can not be made up, a refund will be given for the day missed. N. MODIFICATION OF SPORTS FIELDS All requests for permission to modify park grounds must be approved in writing by the City of National City. All installations become the property of the City. All requests must include a "Letter of Intent", accompanied by construction drawings and specifications. No modifications shall be made without prior approval. O. INDEMNIFICATION The applicant must complete a release, hold harmless and. indemnity agreement which releases the City, its elected officials, employees, representatives, and/or agents from any and all claims asserted, suits or liability established for damages or injuries, including death, to any person or property, including injuries to applicant, caused by or alleged to be caused by any act or omission by the City, its elected officials, employees, representatives, and/or agents which arise out of or are in any matter directly or indirectly connected with the use or condition of the premises. P. INSURANCE 1. All groups are required to have insurance to protect the City from liability occasioned by their use of City premises. Specifically, all insurance required by this policy shall be written by California admitted companies which are rated at least "A,VIII" by the current A.M. Best Rating Guide or by a company of equal financial stability which shall be approved by the City's Risk Manager. 2. Commercial General Liability coverage with limits of at least one million dollars ($1,000,000) per occurrence must be provided. The City of National City must be named as an additional insured pursuant to a separate endorsement which will be provided to the City along with the Certificate of insurance prior to use of City fields/facilities. In addition, all CITY OF NATIONAL CITY l2 CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page 13 of 17 deductibles and/or self -insured retentions must be disclosed to and approved by the City's Risk Manager. 3. Insurance coverage may be obtained through the City under terms, conditions, and rates applicable at the time, depending on the nature and duration of the proposed use. Groups desiring to purchase such insurance through the City must contact the City's Risk Manager. III. RULES GOVERNING USE OF SPORTS FACILITIES (Gym. Pool, Etc) A. Applicant desiring to use a facility must apply at least ten working days prior to use. Recreation sponsored classes and activities have priority and will not be changed to accommodate a group or organization unless authorized in writing by the Community Services Director. B. The Community Services Department must be notified of cancellations at least 24 hours in advance. Failure to do so may result in denial of privileges in the use of facilities, or full/partial forfeiture of fees/deposits. C. Food and/or beverages will be allowed only when authorized by the Community Services Director. NO ALCOHOLIC BEVERAGES OR TOBACCO PRODUCTS ALLOWED. D. Premises shall be left in the same condition they are found. Groups will be held responsible for breakage and general clean up. Failure to comply may result in denial of use of facilities. E. Equipment and/or furniture shall not be removed from buildings. F. Officers of groups shall supervise the conduct of their members to avoid damage to City property. G. Reservations of facilities may be subject to change or cancellation at any time by the Community Services Department upon reasonable notice being given. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page 14 of 17 IV. RULES GOVERNING USE OF COURT AREAS (Tennis, Volleyball and Basketball courts) A. City sponsored classes and tournaments shall have priority on all courts. B. Tennis players must wear tennis shoes (i.e.: white soled shoes) C. Tennis courts are for tennis only or for such activities as may be scheduled by the Community Services Department. D. Tennis players must provide their own equipment. E. Bikes and skateboards and roller skates and blades are not allowed on tennis courts. F. Volleyball nets, volleyballs, and basketballs may be checked out from the Camacho Recreation Center. V ATHLETIC FIELD REGULATIONS A. See separate sections that address additional rules that are specific to the Skate Park (Section VI) and Multi -Use Soccer/Football field (Section VII). B. Equipment and maintenance: Each user group must provide its own bases, chalk and field preparation equipment. C. No vehicles are allowed on sports fields/surfaces or other park grounds, except when authorized by the City. Violators are subject to citation. D. League officials shall supervise the conduct of their members. CITY OF NATIONAL CITY �q CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page 15 of 17 E. The Community Services Department must be notified of any cancellation at least 24 hours in advance. Failure to do so may result in denial of use of facilities. F. All reservations may be subject to change or cancellation at any given time. G. Trash and litter must be picked up and fields/facilities left in a clean and orderly condition, as this is the responsibility of the Organization/Team. Please report any vandalism, criminal offense, disturbances, or maintenance issue to National City Police Department at (619) 336-4411 or the Community Services Department at (619) 336-4290. Your help is appreciated in preserving the National City tradition of clean parks and quality playing fields. H. No permanent advertising signs shall appear on City property unless approved by the City. Any temporary signage must be previously approved by the Community Services Director or designee and must be affiliated with the league or team (See Section II, #G). I. No pesticides, herbicides, insecticides, fungicides, etc. may be applied without prior written consent of the City. This consent must be accompanied by a Pest Control Advisors Report. All work must be performed by a Licensed Pest Control Applicator. J. Weather conditions. During rain or wet conditions, call the Community Services Department at (619) 336-4290 to see if fields are playable. K. Use of Score Shacks/Snack Bars by the permit holder will be permissible. L. Team/League items in score shack must be removed within 10 business days of the end of the Season or Tournament. The facility must be left in a clean and orderly condition. . M. The City shall not be held responsible for the loss or theft of any item or equipment from Score Shacks/Snack Bars. CITY OF NATIONAL CITY 6 CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page 16/17 VI RULES GOVERNING USE OF SKATE PARK A. Skate park facility rental is governed by the Temporary Use Permit Policy (available from the Neighborhood Services Division) B. City sponsored classes and events shall have priority C. Helmets and proper protective gear must be worn at all times when using the facility D. Bikes are not allowed in the skate park. E. All users use the facility at their own risk. VII RULES GOVERNING THE MULTI -USE FIELD AT EL TOYON PARK A. Field is available for Soccer or Football by permit only, to ensure that all users are aware of the rules. You may obtain a Field Use Application from the Community Services Department B. Teams are required to provide their own soccer nets. Nets must be removed at the end of the game and may not be stored on City property C. Permitted users may be limited to a specific number of hours on the field, in order to stay within the maximum usage allowed by the warranty. D. If teams participate in rotating league games, this field may only be used for "home" games. CITY OF NATIONAL CITY 1 t, CITY COUNCIL POLICY TITLE: Recreational Field and Sports Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: May 3, 2011 Page 17 of 17 E. Due to the fact that this is an artificial surface, the City and all permitted users must adhere to the following requirements in order to maintain the manufacturer's warranty. The following items are prohibited on the turf/field: 1. No Pets 2. No paints, chalks or permanent markings 3. No tape (to mark the surface) 4. Only non-metal,'/2" molded `grass' cleats are allowed. 5. No bikes, skateboards, roller blades, skates or other wheeled sports 6. No shotput or javelin, or similar activities that may damage the turf 7. No food, drinks, sunflower seeds or gum 8. No glass bottles or containers 9. No vehicles except as approved by the City 10. No cigarettes, cigars or other smoking materials 11. No fireworks or open flames 12. No driving stakes (to anchor tents, canopies, etc) F. Users who operate their own snack bars, must limit the type of snacks/food/ beverages are sold to ensure that prohibited items do not get onto the field. G. In addition to the specific rules for this field, all other Field Use rules and regulations throughout this policy also apply. CITY OF NATIONAL CITY Quarter Season Dec Jan Feb SOCCER Mar Apr May BASEBALL/SOFTBALL Jun Jul Aug OPEN Sep Oct Nov FOOTBALL SPORTS FIE SCHEDULE El Toyon Las Palmas Kimball /2011 MULTI -USE BALLFIELDS BALLFIELDS FIELD OPEN CLOSED CLOSED MULTI -USE BALLFIELDS BALLFIELDS FIELD OPEN OPEN OPEN MULTI -USE FIELD OPEN BALLFIELDS OPEN BALLFIELDS OPEN MULTI -USE FIELD OPEN BALLFIELDS CLOSED BALLFIELDS CLOSED NOTE: When field is closed, it is closed to all users (organized/casual use), with exception to Citywide special events CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 3, 2011 AGENDA ITEM NO. 20 M TITLE: Response to request by City Council to provide information regarding feral cats, related municipal codes, and animal shelter costs PREPARED BY: Jose Tellez DEPARTMENT: Police PHONE: 4513 APPROVED BY: EXPLANATION: On December 7, 2010, during Oral Communications, Ana Brown, representing the Feral Cat Coalition (FCC), requested Council to consider changing the language in the City's Municipal Code as the current Municipal Code does not allow for the feeding, trapping, and releasing of feral cats into the area they are impounded from. The Feral Cat Coalition stated that the Animal Regulations Officers traps and euthanizes the feral cats. On April 5, 2011, the report regarding the FCC's concerns was reviewed by the City Council and additional information was requested as to actual numbers of feral cats trapped in National City and Chula Vista Animal Shelter costs associated. The attached Power Point slides are response to the request of City Council. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: wer Point Report by Lieutenant Jose Tellez ,...;mo to City Council from Amber Millen of the Feral Cat Coalition dated April 5, 2011 Staff report to City Council from April 5, 2011. Animal Regulations Officer (ARO) Duties / Responsibilities ■ Enforcement of NC Municipal and State Codes ■ Conducts investigations of animal abuse ■ Provides residents with assistance with animal related problems ■ Trapping of dangerous, sick, and/or injured animals ■ Picks up strays and unwanted animals 1 ARO Duties / Responsibilities • Primary duties for ARO is complaint driven • In regards to Feral Cats • Average 3-4 calls daily from residents complaining about cat problems • 90% of calls concerning cats are related to complaints of cat colonies (feral cats) at shopping centers, industrial complexes, residential areas, and schools • Colonies range from 10-30+ cats ARO Duties / Process • Process: • Complaint is received by ARO • Resident is placed on waiting list for trap • ARO delivers trap to resident with instructions • Residents can keep the trap for a period of one month • During that time residents transport captured cats to the CV Animal Shelter • ARO will facilitate the transport in the event residents do not have means of transportation (have a disability, are elderly, or have a medical condition) 2 ARO Staffing ■ The City of National City is staffed with one Animal Regulations Officer (ARO): CITY ARO STAFFING Chula Vista 2 Imperial Beach 1 Lemon Grove 1 National City 1 San Diego County 31 National City Municipal Code • Section 8.32.015 (in part) • Maximum of 3 dogs & 3 cats, single occupied family residence • Maximum of 2 dogs or 2 cats or combination of, apartment / condo • No more than 3 cats exceeding 4 months of age shall be kept on any parcel of land within the city 3 National City Municipal Code • Section 8.32.020 (in part) • 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 using a nonlethal, humane trap and shall be turned over to an animal shelter or ARO within 24 hours • Cats may only be fed within a residence or an enclosure on the property of the owner • City shall not be responsible for trapping or transportation Actual Cost to National City • National City contracts with City of Chula Vista for Animal Shelter Services • FY 2003 thru 2008 (Prior Contract I Old Formula): • Average cost $99,000 per year (Base Charge Less Impounds plus 2%) 4 Actual Cost to National City ■ New Contract 2009: ■ Contract is based on the number of Animal Intakes received from National City for the preceding calendar year. ■ National City's animal intakes are assigned a .:, percentage compared to the other animal intakes CV Animal Shelter itself produces in addition to the amounts it receives from other entities. ■ National City's percentage will be applied to CV Animal Shelter total overhead, staffing and supplies and associated costs related to Animal Care Services, excluding Animal Control Services. Actual Cost to National City ■ FY 2009/2010 (New Contract / New Formula): ■ 18.06% of shelter services = $375,724 ■ FY 2010/2011: ■ 18.4% of shelter services = $342,264 ■ FY 2011/2012: ■ Projected Cost = $317, 000 5 Animals Taken from National City to CV Animal Shelter by ARO and Public ■ Calendar 2008 ■ Cats: ARO = 420 / Public = 405 (825 Total) ■ Dogs: ARO = 268 / Public = 177 (445 Total) ■ Other: ARO = 14 / Public = 27 (41 Total) . Other animals include reptiles, chickens, rosters, etc. Totals: ARO = 702 / Public = 609 (1311 Total) ■ Cats: 437 = Non Feral / 388 = Feral (825 Total) ■ Domestic Cats, Dogs, & Other Animals = 923 (70%) ■ Feral Cats = 388 (30%) ■ Total = 1311 (100%) Animals Taken from National City to CV Animal Shelter by ARO and Public ■ Calendar 2009 ■ Cats: ARO = 366 / Public = 380 (746 Total) ■ Dogs: ARO = 331 / Public = 174 (505 Total) ■ Other: ARO = 16 / Public = 11 (27 Total) Totals: ARO = 713 / Public = 565 (1278 Total) ■ Cats: 565 = Non Feral 1181 = Feral (746 Total) ■ Domestic Cats, Dogs, and Other Animals = 1097 (86%) ■ Feral Cats = 181 (14%) ■ Total = 1278 (100%) 6 Animals Taken from National City to CV Animal Shelter by ARO and Public ■ Calendar 2010 ■ Cats: ARO = 316 / Public = 382 (698 Total) ■ Dogs: ARO = 272 / Public = 260 (532 Total) ■ Other: ARO = 5 / Public = 11 (16 Total) Totals: ARO = 593 / Public = 653 (1246 Total) ■ Cats: 471 = Non Feral / 227 = Feral (698 Total) ■ Domestic Cats, Dogs, and Other Animals = 1019 (82%) ■ Feral Cats = 227 (18%) ■ Total = 1246 (100%) Animals Taken from National City to CV Animal Shelter by ARO and Public 2011 (January — April) Animals from National City taken to CV Animal Shelter . 211 Other Animals (86%) . 35 Feral Cats (14%) . 246 Total (100%) 7 Feral Cats Taken to CV Animal Shelter Comparison by City 2008 2009 2010 2011 National City: 388 181 227 35 Chula Vista: 567 418 431 39 Imperial Beach: 72 43 59 12 Lemon Grove: 18 11 33 1 Feral Cat Coalition Changes requested by the Feral Cat Coalition: ■ Exclude cats, specifically feral cats from National City Municipal Code (NCMC) ■ NCMC states that the city shall not be responsible for trapping or transportation, yet the NC Animal Control Officer personally traps feral cats in response to various nuisance complaints ■ National City is the only municipality in all of San Diego County that traps feral cats 8 Feral Cat Coalition • No other organization or agency traps feral cats, unless the cats are sick or injured; options available for resolution include Trap - Neuter -Return (TNR). • TNR is prohibited in National City due to NCMC which restricts the feeding of cats other than on private property. • FCC requested a change in NCMC to allow for TNR and for the feeding of cats other than on private property CV Animal Shelter Protocol • Holding Period (State Law) • All animals are kept for 4 days at an average cost of $15/day • Average cost is approximately $60 per animal (includes euthanizing of animal if warranted) • Actual cost varies, contract is based on overall operational costs of National City animals taken to the shelter • Per State Law, National City is required to provide animal control services • Domestic animals taken into the shelter receives an initial medical evaluation and vaccinated 9 Trap and Release (TNR) Concerns / Consequences ■ Feral cat colonies of 10 — 30 cats are located on public/city property ■ Sterilization of feral cats will only stop those sterilized from reproducing ■ Does not prevent domestic cats and wild animals from joining the colony ■ Possible exposure of feline diseases between pets and feral cats if they come in contact ■ There are no natural predators in the City unlike in the unincorporated areas of San Diego to control colonies Concerns / Consequences Continued ■ Feral cats are vaccinated at the time of sterilization but no additional vaccinations / boosters given ■ Cat feces, urine, food scraps, trash create a health hazard ■ Complaints from residents remain regardless of whether the cats are sterilized or not — people do not want feral / domestic cats on their property / business or the waste they create -What do we tell residents when we cannot provide assistance? 10 Recommendations ■ Maintain the Current Muni -Codes / Practices based on the fact: ■ ARO activities are community driven, assists residents with feral cat issues on private property (Move Forward) ■ ARO traps feral cats on public / city property as a result of a complaint or health hazard ■ Feral cats taken to the CV Animal Shelter by either the ARO / Public make up Tess than 20% of NC animals 11 Feral Cat Coalition 9528 Miramar Road, FMB 160 San Diego, CA 92126 (619) 758-9194 www.feralcat.com April 5, 2011 Dear Mayor Morrison and City Council Members: Thank you for considering our issue related to feral cats and the policies in National City. I received a copy of Lt. Tellez's staff report this morning and must admit that I was very disappointed by the information provided. Anna Brown, Josh Hirschmiller and I met with Assistant City Manager Leslie Deese and Lt. Tellez in January and spent over an hour discussing the city's current policy and Feral Cat Coalition's offer of support as an alternative to trapping feral cats for euthanasia. None of this information has been included in the staff report prepared for your review. I will first point out that the staff report reviewed the current National City Municipal Code as it relates to animals, specifically cats, and the restrictions on numbers and control. However, according to the code, the term "Cat" specifically excludes any feral cat. The code also states that the city shall not be responsible for trapping or transportation, yet the Animal Control Officer personally traps feral cats in response to various nuisance complaints. National City Animal Control is the only municipality in all of San Diego County that traps feral cats. No other organization or agency traps feral cats, unless the cats are sick or injured. Instead, callers are informed of the options available for resolution of complaints, which include Trap -Neuter -Return (also known as TNR). TNR is currently technically prohibited in National City due to the restrictions on feeding cats outdoors. The Feral Cat Coalition has provided a proposal for revisions to the Municipal Code that would allow for the effective management of feral cat colonies in National City, at no expense to the City. Studies have proven that trap and kill does not work. The staff report indicated that the Feral Cat Coalition's practice of TNR is a problem because cats leave waste and scavenge for food. TNR is the internationally accepted method of feral cat population control, and includes provisions for managing these types of issues. National City's method of eradication will not solve the serious animal control problems within the City. I wonder if the residents of National City are informed that their calls result in the immediate death sentence of the feral cats. Perhaps if they were made aware of the outcome of their complaint, they may change their mind as to what nuisance complaints the one Animal Control officer should be spending time and money on. In regards to the incident mentioned in the staff report, Feral Cat Coalition is aware of that colony and had already spayed or neutered several cats and rescued several newborn kittens from that site. We were unaware that the caretakers were soliciting donations from the public. Had we known, we would have also Informed the caretakers that this was inappropriate and we would have instructed them to remove the signs. Those caretakers do not represent the majority of Feral Cat Coalition volunteers. We do know that the .majority of the trash and food remains at that location is frorn the homeless population, not the feeding of cats. In response to this incident, Feral Cat Coalition pulled 7 cats from the shelter which were trapped by Animal Control. The staff report indicates that the Animal Control Officer allowed us to take those cats on the condition that they would not be re-released in National A free Trap, spay%neuter and return program to humanely reduce the suffering of homeless cats. -=ALL DONATIONS ARE TAX DEDUCTIBLE— City, but that they would be relocated to other cities. What do the other cities think about this? Why should they be burdened with another city's feral cats? There are an estimated 934,000 feral cats in San Diego, with over 8,000 cats in National City alone. There is no way to keep feral cats out of National City. There needs to be an accepted, cost-effective solution, which isn't trap and kill. The Feral Cat Coalition works closely with all animal shelters in San Diego County, as well as many shelter and private veterinarians_ The Feral Cat Coalition is successful because it practices a humane and cost-effective solution to feral cat populations. You will never find a group of volunteers to help staff and finance the trapping and killing of feral cats. According to shelter statistics, 659 cats were brought to the shelter from National City in 2010. 227 of those cats were feral cats. National City currently spends excessive amounts of money on trapping and euthanizing feral cats. Information obtained from the Chula Vista shelter indicates that National City pays approximately $252 for each animal brought to the shelter from their jurisdiction. According to this information, almost $60,000 was spent on the feral cats trapped last year. The Animal Control Officer does operate within the guidelines of the current municipal code to address citizen complaints regarding feral cats. However, National City could save an enormous amount of money by allowing Feral Cat Coalition to hold just two spay/neuter clinics for National City feral cats. We are making our plea to the Council to consider revising the code to allow TNR of feral cats in National City. Thank you for your consideration of this issue. Sincerely, Amber Millen Feral Cat Coalition Board of Directors NATIONAL CITY POLICE DEPARTMENT INTER -DEPARTMENT MEMORANDUM Date: February 23, 2011 To: Leslie Deese, Asst. City Manager From: Jose Tellez, Lieutenant Subject: Feral Cats in National City Background: According to the Feral Cat Coalition (FCC) feral cats are the "wild" offspring of domestic cats and are primarily the result of pet owners' abandonment or failure to spay and neuter their animals, allowing them to breed uncontrolled. Feral cat "colonies" can be found behind shopping areas or businesses, in alleys, parks, abandoned buildings, and rural areas. They are elusive and do not trust humans. The city of National City adopted strict regulations as it relates to animals, including feral cats. Per the Municipal Code Section 8.32.015, a maximum of three dogs and three cats, all over the age of four months, may be kept on any parcel of property less than two acres in size, occupied by a single-family residential dwelling. This section further states that a maximum of two dogs or two cats, all over the age of four months, may be kept or maintained in any one dwelling unit located within a mobile home park, multi -family dwelling, or apartment, or condominium complex. Additionally, no more than three cats exceeding four months of age shall be kept on any parcel of land within the city. Municipal Code Section 8.32.020 states that 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 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. Additionally the section further states cats may only be fed within a residence or an enclosure on the property of the owner. The above listed municipal code sections and others -not listed were enacted to address the serious animal control problems in National City. On a routine basis, the Animal Control Officer Jane Gordon, receives several calls a week from citizens regarding stray dogs and cats. Specifically to cats, Officer Gordon often receives complaints of cat colonies (feral cats), in shopping centers, industrial complexes, and in residential areas; some of the colonies range anywhere from 10 to 30 feral cats or more. As a matter of practice to address the complaints of citizens, Officer Gordon often Ioans animal traps to citizens to facilitate in the capture of the stray animals. Once trapped, Officer Gordon takes custody of the animals and transports them to the Chula Vista Animal Shelter. Due to the fact several of these cats are feral and not suitable for adoption, feral cats are often euthanized. The Feral Cat Coalition (FCC) works closely with all the animal shelters in San Diego County. The FCC is often called when feral cats are brought to animal shelters. The FCC will have cats spayed or neutered, vaccinated, and screened by a veterinarian or veterinarian technician for the purpose of releasing the cat back to the original area it was trapped. Feral cats that have been rescued can be easily identified through the surgically removed tip of one ear. The fact FCC works to place feral cats back to the area they were originally trapped poses a problem. Even though the cats are considered healthy and lack the ability to reproduce, the fact remains they leave animal waste in areas they live and scavenge for food. Incident: A specific incident brought this matter to the forefront. Officer Gordon, for the better part of several weeks has received several complaints regarding a feral cat colony located on Kimball Way, in the city drainage area adjacent to the rear of the Wa1-Mart. Individuals by the name of Antonio and Cheryl Panico, who reside at 1630 C Avenue # E in National City, were feeding the colony. As a result, other animals like skunks, possums, and raccoons were attracted to the area because of the food left on the ground by the Panicos. The area became unsightly, littered with trash and food remains, animal waste; overall it is a health hazard. The Panicos also posted signs in the immediate area soliciting donations to help feed "National City Stray Kitties." The sign provided a phone number and directed potential donors to a website run by the Panicos (www.KittyCatLoveandLicks.o g). The website provided a list of services provided by the Panicos which included the following information: If you would like to share your love and help our Kitty Cat Rescues you can send a love donation to help with expenses. We are a non profit organization. A bag of cat food costs around $15.00 per week to feed 10 cats, about half our population. Advantage Flea Medication costs $15 per cat per year. Worm medication costs $25 and covers three cats. Spay and neuter services cost $50.00 per cat. Housing $800 per month. Based on the information listed above, it was apparent the Panicos were soliciting money to have their own housing paid by would be donors. 15 Officer Gordon personally met with the Panicos and told them that they could not solicit money in this manner and further instructed them that they were in violation of the municipal code for feeding and maintaining a cat colony. As of this writing, it appears the Panicos have followed Officer Gordon instructions; the website is no longer in service. Officer Gordon continues to take the trapped feral cats from Kimball Way to the Chula Vista Animal Shelter. The shelter has in turn, with the approval of Officer Gordon, released the cats (after they have been spayed/neutered) to the Feral Cat Coalition. The only condition set forth by Officer Gordon for the release of these cats to FCC is that they are not to be re-released in National City; the FCC has worked to relocate the cats to other cities. Officer Gordon continues to operate within the guidelines of the municipal code to address the continued complaints from citizens regarding feral cats in the city. Attachments: 1) Applicable Municipal Code Sections 2) Copy of flyer posted by the Panicos 3) Copy of information posted by the Panicos www.KittyCatLoveandLicks.org website. 4) Proposal for Municipal Code Section revisions submitted by Feral Cat Coalition 5) Letter from Nancy Peterson, Cat Programs Manager, The Humane Society JOSE TELLEZ Municode Page 1 of 2 8.32.015- Restrictions on keeping certain animals, birds and reptiles. A. It is unlawful to keep, possess or maintain any 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 area of at least twenty thousand square feet. 2. Any combination of the following classes of animals, not to exceed a total of twenty, 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 square feet in area. 3. Domesticated rats or domesticated mice, hamsters, parakeets or small omamentat songbirds or other birds or animals not prohibited by Section 8.32.010 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 parcel of property less than two acres in size, occupied by a single-family residential dwelling, and on parcels of property greater than two acres in size occupoed by a single-family residence, a maximum of six dogs and three cats all over the age of four months may be kept; provided however, that the exterior area or areas where any dogs are kept must be enclosed at all times by a barrier, fence or pen meeting the requirements of Section 8.16.100. 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 square feet in area 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. 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 nonvenomous 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, 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. (Ord. 2249, 2004; Ord. 2245 § 6 (part), 2004, O d. 2196 § 5 (part); Ord. 2171 § tt (part), 20o0) 8.32.020- Conditions of keeping or maintaining permitted animals, birds and reptiles. http://library.municode. com/print. aspx?clientlD=16516&HTMRequ est=http%3 a%2f%2f1... 03/02/2011 1r7 • Municode Page 2 of 2 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. All stables, pens, coops, cages and other enclosures for animals, birds and reptiles shall be cleaned at intervals not to exceed two days between cleanings and at all other times maintained in a clean, sanitary condition, free from offensive odors. An odor is offensive if it can be detected at the adjoining property line. C. All enclosures where animals, birds, reptiles are kept shall be painted at an interval not to exceed twelve months. D. The floors of every enclosure where birds are kept shall be kept smooth and impermeable to water, and no accumulation of filth droppings or water shalt be permitted. E. Floors of runs or pens for animals shall be constructed of cement or nonporous material impermeable to water. Pens shall be maintained in a clean, sanitary condition at all times. F. No large animals shall be kept or maintained within twenty-five feet of any dwelling used or intended for habitation by humans, including that of the owner. G. All rabbits and, except as provided in subsection H, all birds shall be kept within an enclosure that is at least twenty-five feet distant from any dwelling used or intended for human habitation. Enclosures shall be situated in the rear yard, and shall not encroach into any side yard or rear yard set back required by Title 18 of this code. H. Parakeets, canaries and similar small domestic Ornamental birds or song birds may be kept in a cage within a dwelling unit. I. Chinchillas, hamsters, rats, mice, guinea pigs and similar rodents may be kept in an enclosure in a basement, garage or in a building attached to a dwelling unit; otherwise these animals shall be kept in a hutch or similar enclosure that is at least twenty-five feet from any other dwelling used or intended for human habitation. 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 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 shall be fed or maintained on any property in the city by any person. In order to prevent attracting wild animals 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. No animal or bird shall be allowed to howl, bellow, squawk, or make 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 ten p.m. and seven a.m. daily for more than three minutes, or at other times for more than ten consecutive minutes or for more than a total of fifteen minutes within any sixty minute period. This provision shall not apply to public zoos. Interference by noise shall also constitute 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. (Ord. 2245 5 6 (par!), 2004, Ord. 2196 6 5 (pall' Ord. 2171 6 8 (part). 2000) http://library.muni co d e.com/prinlaspx?cl i en tID=16516&H TMRequest=http%3 a%2fti/o2 fl... 03 /02/2 011 Pwww.KittyCatLoveandLicks.org. NaturesMassageStones.com Please donate help feed National Citys Stray Kitties Call 619477-n773 lc/ Kitty Cat Love & Licks Love Donations Page 1 of 2 Greetings, Love & Licks from Antonio, Thank you for sending your Love donation to our rescues protect them with Good Health, Peace. Honor and Love. Your donation will be used entirely for Kitty's, Cats, Pussy Cats, Raccoons, Possums. Skunks, and Birds. We focus on maintaining food and water for the stray Cats and rescue at any given moment. We can't do it all alone. We need your help. We need your Prayers. We need your Love. Much is needed on a consumable basis. Please only give if you can afford it. if you pray to the God that lives in you and all of us, It will be gratefully appreciated as I pray for you now. Simply click on the link below to send a Kitty Cat Love and Licks donation. You can send any amount you wish. Cheryl will receive it and put it to work for the Kitty's, Cats and other Angels that come to us for love, food and medicines. Cheryl works 24 hours a day for these animals. Please include a note with your donation to tell us your message. Peace, Love & Licks. Antonio DONATE HERE Below are the common expenses we have each day. Hint: To use credit card only: look for link on PayPal payment page on lower left corner. It says "Don't have a PayPal account? - click continue". PayPal login is on the right. You can use an existing Pay Pal account or set up a new PavPal account Also Von may send checks in any amount To : Cheryl Panico 1630 C Ave Apt. 4E National City. CA 9195() Or email money to our PayPal account at ewailtaadttycatloveanJlicks.org http://www.kittycatloveandlicks.org/kitty_cat love donations.htm 11/30/2010 Kitty Cat Love & Licks Love Donations Page 2 of 2 Greetings from Antonio Panico If you would like to share your love and help our Kitty Cat Rescues you can send a love donation to help with expenses. We are a non profit orginization. A bag of cat food costs around $15.00 per week to feed 10 cats, about half our population Advantage Flea Medication costs $15 per cat per year Worm medication costs $25 and covers three cats Spay and neuter services cost $50.00 per cat f-lousing $800 per month. If you can afford to give, we would appreciate your assistance. Please keep us in your prayers as I pray for you now. thank you very much, Antonio Copy write protected beginning June 20I0 by Cheryl & Antonio. Natures Massage Stones & National City Copier Service http://www.kittycatloveandlicks.org/kitty_ cat_love_donations.htm 11/30/2010 al Cheryl & Antonio Panico's Local kitty Cat rescue has been helping our neighborhood animals live a healthy life; We are here to protect the innocent, Rescue the animals that can be rescued & provide food & water for the Kitty Cats that are too shy for human contact. Our mission is to provide care for outside cats and rescue them when possible. 1'o provide food and water daily which also are shared by local Possums. Raccoons, Skunks & Birds. Food & Water, Flea & Worm medication, spay & neuter services are also needed for a humane dignified response. We pray that through .Kitty Cat Education. humane services and sharing love we can make not only our area a better place. but be an inspiration to those who wish to make a difference; to encourage others in their areas to provide help for their local Kitty Cat Possum Skunks Raccoons & Birds Too! We respect all Religions Worldwide and we are dedicated disciples of Christ Jesus, our lord. Please pray in whatever manner connects you to the God within you to help our animals. Thank you! May the. God of Peace bless you richly as you share concern for all creatures that are innocent. Antonio's motto: When you See with your Heart & Feel with your Love. THE HOLY SPIRfT WILL BE MAGNIFIED WITHIN YOU PEACE, LOVE & LICKS, Antonio! P.S. Kitty Cat Love & Licks are the highest form of respect and love we can receive. and often do! Kitty Cat Love & Licks .org is Sponsored by: Cheryl & Antonio Panico, NaturesMassageStones.corn and NatioitalCityCopierService.com Copy write protected beginning June 2010 by Cheryl & Antonio, Natures Massaue Stones & National City Copier Service http://www.kittycatloveandlicks.org/kitty_cat_love_and_licks_home.htm 11 /3 0/2010 Kitty Cat Love & Licks Rescues Page 1 of 5 is one of our male stray cats, probably the father of most of the babies born there. A very handsome cat that we have been feeding since April 2008. He looks and comes when we call him but is too shy for human contact. Smart cat, stay away from humans! Piglet is a beautiful female cat and an excellent mother. She has about four new cats and they are just starting to come out now. All her babies are smart and beautiful. She is our pride and Joy. Momma of Squiggy, Coco Puff and most likely \Vinky Piglets Son and Daughters - Unnamed white and grey female (not shown) and one tabby female and one tabby male seen above in Piggy's picture are from our Squiggy s litter, hut were too shy to be caught. They are wonderful to watch, too shy to come near. Smart kitties! Humans can be dangerous. At least they are fairly safe, well fed and watered. Jack is a wild male stray, unfixed and possible father to many. He has a brother that is so shy he comes last to eat and is barely seen. http://www.kittycatloveandlicks.org/kitty_cat_rescues.htm 11/30/2010 • Kitty Cat Love & Licks Rescues Page 2 of 5 Grey Mom is very clean, beautiful, shy and sweet. Always waiting for us with Grey Baby who probably is her son. When anyone says "don't feed the strays" [ tell them that feeding them improves their health and mental well being. A well fed cat is less likely to fight and will be healthy. Black kith' lives up the hill and comes to eat, but stays at a respectable distance or he will get in a tight. I encourage him to come, and he tried to go into Py and Jacks territory, but fighting occurred so he stays up the hill until feeding time and remains very shy. He is a smaller all black kitty and very beautiful! http://www.kittycatloveandlicks.org/kitty_cat_rescues.htm 11 /30/2010 • Kitty Cat Love & Licks Rescues Page 3 of 5 Barney was a Traveler. fie made the rounds! When he saw us coming at night to feed the stray cats. he would venture forth! I believe someone took him in because we don't see him anymore and he is very sweet. 1-le was also known to the neighbors by other names, he got around! Petey was a sparrow who was rescued by Newby; our cat! He found Petey in the bushes and brought Petey to us and gently laid him at our fees! Petey was newborn and could not fly. Cheryl diligently fed Petey by hand with a toothpick. Soon, when Petey was strong enough Cheryl taught Petey to flv! Unfortunately. upon release to the wild. Petey would. only fly at ground level. Tippy (our cat) saw Petey and chased him into the neighbors' yard and into a hole in the fence as our hearts lent! 1 quickly pulled rnyself up and http:!/www.kittycatloveandlicks.org/kitty_cat_rescues.htm 11/30/2010 S Kitty Cat Love & Licks Rescues Page 4 of 5 over the (6' tall) fence and ran to Petey's rescue! Petey was a good friend for many years and now flies with the Angels in heaven, Go Petey Go! Mr. Brows has white eye whiskers that uniquely identify him:. vlr. Brows just appeared one day. he kind of took over and was there every evening at feeding time. He wants attention more than food. He rolls around and was friendly enough to be picked up and rolled around. He only ate later. He was a traveler and after some time we began to see him less and less. He came from the direction of the seniors home across the street. 1 think someone may have adopted him. We see him from time to time now. and 1 pet him too. Possum Family they are harmless and innocent. They would rather mind their own business. Fantastic family- animals http://www.kittycatloveandlicks.org/kitty_cat_rescues.htm 11/30/2010 Kitty Cat Love & Licks Rescues Page 5 of 5 who take care of their young very well. Give them a Break! Slow down and tell others to slow down and watch out for these gentle creatures that God placed on our lives. They love to eat with the eats and give them respect. The Raccoon family are really cool to watch eat. They are very clean and it is amazing to see Raccoons in the city. They eat along side the cats. When we had our second apartment we also had Raccoons. They dip their food in the water and meticulously wash and eat. Very clean intelligent animals and we are so blessed to see them, we know that God truly loves them and helps us feed them when they. are hungry. The mom Raccoon below is so exited about dinner she drags away the whole plate! She stands up on her hind legs and is -very beautiful! Copy write protected beginning June 2010 by Cheryl & Antonio, Natures Massage Stones & National Cite Copier Service http://www.kittycatloveandlicks.org/ldtty_cat_rescues.htm 11 /30/2010 Jose Tellez From: Amber Millen Iamillen@ucsd.edul Sent: Wednesday, February 16, 2011 5:06 PM To: Jose Tellez Cc: Leslie Deese; Josh Hirschmiller; Anna Brown Subject: Re: Feral cal meeting Attachments: FCC-Nati City Code.doc; ATT819249.txt FCC-Natl City ATT819249.txt (2 C(-dedor_ (69 KB).. KB) 1-Hi Lt. Tellez, Attached please find the suggested language (in red) that we would like have reviewed for inclusion in the City's municipal code. The text in blue is a comment in response to the preceding paragraph and is for consideration of a policy adaptation related to the current management of feral cats complaints. Thank you for keeping us updated on the progress of this issue. We look forward to viewing the report to City Council and attending the related City Council meeting. Cheers, Amber lather Millen ?eral Cat Coalition 8.04.020 - Impoundment, disposal and return of animals. E. Upon impoundment of an animal wearing a license tag, identification listing the owner's name and address, or indicialrorn which ownership can be readily determined, the animal control officer shall ensure a notice is promptly posted at the owner's address of record, or mailed or personally delivered to the owner of record that the animal is in the custody of the contracting agency. The notice shall conform to the requirements of Government Code Section 53074 and include a statement that the owner may within five calendar days from the date of service request a hearing as to the legality of the impoundment. Such request shall be in writing and must be received by the animal control officer within the specified time period. Upon impoundment of an ear -tipped cat, the animal control officer shall ensure that the Feral Cat Coalition be promptly notified that the animal is in the custody of the contracting agency. A description of the cat and the location at which it was trapped should be provided by the contracting agency. 8.32.015 - Restrictions on keeping certain animals, birds and reptiles. B. 1 Exemptions to the above limits rnay 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 hearth and safety or be incompatible with uses on contiguous properties. Each permit issued is subject to revocation, 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. Exemptions to the above limits may be also allowed for caretakers managing feral cat colonies as part of a TNR program. 8.32.020 - Conditions of keeping or maintaining permitted animals, birds and reptiles. 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 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. As part of the animal control officer's response to feral cat nuisance complaints, instead of immediately trapping and euthanizing feral cats, we �9 would like to help enact a system whereby if the complaint involves managed feral cat colonies, the Feral Cat Coalition would be contacted to work with the caretaker to remedy the complaint (andtor educate the person complaining). As we stated in our meeting with Ms. Deese and Lt. Tellez, this could reducethe running list of 25 complaints significantly, at a cost savings to the City. K. No .feral pigeons shall be fed or maintained on any property in the city by any person. In order to prevent attracting wild animals and birds, domestic pigeons May only be fed within a coop on the property of the owner or handler, and cats, with the exception of feral cats who are part of a TNR program, may only be fed within a residence or an enclosure on the property of the owner. .3d fil:fiCERS Mr4 Cf,N. • THE HUMANE SOCIETY OF THE UNITED STATES February 17, 7011 City of Ma t City City Hall 32/13 National City Boulevard Nahonal City, CA 91950-4397 Dear- M;Wer Morrison and City COIAriCiliVieMbi--,rs'. am pleased that National City is considering an ordinance amendment to allow the feeding of feral cats managed through Trap -Neuter -Return (TNR). Decades of trapping and removing feral cats have failed tri reduce their numbers or improve the Chjality of life for cats or citizens. In addition, these strategies are costly ro sustain and enforce, and they are generally unpopular with citizens. The Humane Society Or the United States (FISUS), wait, more than 11 million supporters nationwide, supports THE. Other national groups supporting TIsIR include Ailey CM Allies, Arnerican Association of Feline Practitioners, American Society for the Prevention of Cruelty to Animals, Best Friends Arlin [al Society, Cut Fanciers' Association, Hon -nine Society Veterinary iviedical `43,,:i a tin II, National Animal COO re; ASS017;.ieri, PFICO PetSrItart Ch:'10ties, and Spay USA. I am veH acquainted with the Feral Cat Coalition fi Cu) Sissi ftegO arrd tne poople brhir1 il. As yoi I may know, the FCC. is a pioneer of tinned States. 'roil are fortunate that they are local and viUu to assist. Before the UP: considers trappaie rats (wi [0 tiy enlaced by other rats), I encourage you to refer complaints in FCC SO that they may educate the corni111Mity about feral cats and provide king -term solutions. I'm sine their effeits would save the City time and money. would encourage you to iinew our short video and FAQ'ar http://wwvir,humancsociety_orgiriewsinumecligaf?fr storo.3t[11355c97h.t03/1-ii02/1713ea562S6 .al)ridEl8b6Sf 61-9 anti lattpi//www.htimanesociety.orglissittes/feral cats/qajleral cat FA,)-litYl for more information about. TNR. However, in a nutshell, 1[Nit has lteen effective because it: • is feasible, ▪ say[es municipal funds associated veil h trapping, hililding, and enthanizing feral cats • creates an immediate reduction in population because fame adults and kittens are removed from the colony for adoption reduces or eliminates continued reproduction • decreases nuisance complaints about fighting, rlOiNe, and urine odor [[i includes vaccinating cats against rabies and other diseases .1mliroal,s, Confforltrito Crue!ty 3/ • attracts ol wuee_is and ga ins caretaker Cooperation • ensures trapping of new cats who appear :as well as ongoing monitoring of the i t5 • provides conflict resolution by private iron -profit Grgaiii2ations and volunteer taretaker_< • considers colony relocation as a last resort In addition to TNR for feral cats, owned cats should be spayed or neutered before five months of age. when they can reproduce, kept indkors or safer confuted on their property, provided with identification, and searched for immediately if they go missing. Thee 3ctkwith Si fhsidi?ed spray and Reuter for in Eti program caretaker and low-income families, will stem the tide of cat overpopulation and homelessness. If I can be of r assist. toyou, please t-r any assistance y..6, please d6 llG.. hesitate to contact fir-_ �?e py"t:tfulty, f/ Nancy Peterson Cat Pr rams Mi4nager Jennifer Fearing Califnrniz State Dire or. ,hie tiv,nar_ Society ? the United States CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 3, 2011 AGENDA ITEM NO. 21 iM TITLE: Report on pawnshops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals. (Continued from Council Meeting of April 5, 2011) PREPARED BY: Leslie Deese, Asst. City Manager DEPARTMENT: City Manager PHONE: 619-336-4240 Thtf— APPROVED BY: EXPLANATION: See Attached FINANCIAL STATEMENT: N/A ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Given the increasing number of gold buying businesses coming into the City, and the current lack of enforcement and zoning regulations, staff recommends the City Council direct that language be included in the draft Land Use Code to include gold buying and secondhand businesses. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: iff Report ....achment #1 (Council Agenda Statement from April 5, 2011) Attachment #2 (Memo from Legal Counsel) Staff Report On April 5, 2011, the City Council discussed a report on pawnshops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals. This report (Attachment 1) was in response to a request by Councilmember Natividad who is concerned about an increasing number of new pawn and gold buying businesses operating in the City as well as gold buying businesses that appear to be operating out of vehicles and without the proper licenses. The National City Police Department ("NCPD") also expressed concerns related to criminal activity, sale of stolen items, and secondhand dealer reporting requirements as required by the Califomia Department of Justice ("DOJ"). The City Council requested staff to bring back additional information to consider options to strengthen existing code and zoning regulations pertaining to the number of pawn, secondhand and gold buying businesses operating in the City. Licensed Businesses in National City There are currently nine (9) pawn, gold buying, and secondhand businesses licensed to operate in National City. Please note that "Quality for Less" appears to no longer be in business. NO CUP We Lend More, Inc. (Pawnshop) th 133 E. 8 Street Predates CUP requirement 1985-2 CUP Simon & Simon Jewelry & Loan (Pawnshop) 139 E. 8th Street Denied by Planning Commission on 4/1/85. Approved by City Council on 5/14/85 2008-08 CUP Express Financial Services (Pawnshop) 1050 Highland Avenue Approved by Planning Commission on 5/19/08. Approved by City Council at Public Hearing on 7/1/08 2009-05 CUP Monte de Piedad (Pawnshop) 604 Highland Avenue Approved by Planning Commission on 5/18/09. City Council filed on 6/2/09 1 2009-16- CUP Cash for Gold (Gold Buying) 3030 Plaza Bonita Road #2075 Approved by Planning Commission on 9/21/09. City Council filed on 10/6/09 2009-17 CUP Quality 4 Less (Secondhand Store) NO LONGER IN BUSINESS (Active business license but not renewed yet this year (due date 02/28/11) 3126 E. Plaza Blvd. Approved by Planning Commission on 9/21/09. City Council filed on 10/6/09 2010-16- CUP Gold Buying at Uncle Buck's Check CashingCommission (Gold Buying) 1539 Plaza Blvd. Approved by Planning on 7/19/10. City Council filed on 8/3/10 2010-20- CUP Business Not Yet Operating or Named (Pawnshop with Gold Buying) 560 Highland Ave Approved by Planning Commission on 7/19/10. City Council filed on 8/3/10 2011-05 CUP Monte de Piedad (Pawnshop with Gold Buying) 2720 E. Plaza Blvd Approved by Planning Commission on 3/21/11. City Council filed on 4/19/11 Since the original two pawnshop businesses were approved in the 1980's, National City has seen a 200% increase in pawn, gold buying and secondhand businesses. These uses are in part a function of the current economy and free market. The market will support a certain number of outlets depending on the population in need of the service. The changing economy has forced businesses to expand their range of services in order to be more profitable, which may account for the increasing number of businesses offering multiple services, including gold buying. In order for a business to offer an additional service, that particular use must be allowed in the underlying zone, which may or may not require issuance of a Conditional Use Permit ("CUP"). Other than those businesses that go through the proper licensing requirements, it is difficult to know the actual number of unlicensed gold buying businesses and dealers operating in the City without staff conducting a field survey, since many of the businesses and dealers operate out of cars or hold shows in hotel rooms. 2 One of the principal methods that a City may utilize to regulate pawnbrokers and secondhand and precious metal dealers is through land use controls. Examples of land use controls that may be utilized include the placement of numerical limits on businesses of the same type, imposition of distance requirements between businesses of the same type, and enactment of CUP requirements. The attached memorandum from legal counsel (Attachment 2) provides additional detail on a city's authority to regulate pawnbrokers and secondhand and precious metal dealers. National City does not have a moratorium on the number of pawn businesses allowed to operate in our jurisdiction. As part of its authority to regulate land use, the City may impose a moratorium on a specified land use, prohibiting the establishment of any new land use of the type specified while the moratorium is in effect. An ordinance adopted as an urgency ordinance requires that it be necessary for the immediate preservation of the public health, safety and welfare within the meaning of the Government Code to take effect immediately. Over the years, National City has enacted several moratorium ordinances, including a moratorium on payday lenders, a business, like pawnshops and other secondhand dealers, that is already regulated by State law. It is the opinion of legal counsel that pawnbrokers and secondhand and other precious metal dealers could likewise be the subject of a moratorium ordinance. The attached memorandum from legal counsel (Attachment 2) provides additional detail on the enactment of interim (moratorium) ordinances. It is unconstitutional to regulate a business through identifying words that describe the type of business it is, e.g., business name would contain pawnshop or gold buying to identify the type of business. The United States Supreme Court has ruled that a city can only regulate time, place or manner. (Metromedia v. City of San Diego (1982) 453 U.S. 490.) State and Local Regulations Both pawn brokers and gold and precious metal buying are regulated by the State, generally through the California Business and Professions Code. Precious metal buying businesses and pawnshops must register with the State DOJ as a secondhand dealer. State law does not allow cities to adopt identification, holding, or reporting requirements if they are already set forth by the California Business and Professions Code. Pawnshops must also obtain a pawnbroker's license from the State DOJ, which is received after the NCPD reviews the application. Pawnshops are highly regulated and are required to do the following: 1. Must document every transaction; 2. Must report all purchases to NCPD on a daily basis; 3 3. Must hold purchased items for a minimum of 30 days; 4. Must review and validate identification of the person conducting the pawn transaction; 5. Must send NCPD a copy of the transaction slip, generally with an original thumbprint; 6. Must electronically add the information to a database which forwards the information to the State. NCPD utilizes the Leads Online database to electronically track the information entered by the pawnshops. On a weekly basis, Leads Online electronically notifies the NCPD Investigations Division whether any of the registered pawnshops are behind in submitting electronic copies of the transactions: • Simon & Simon Jewelry & Loan • Express Financial Services • Monte de Piedad • Cash for Gold Uncle Bucks does not have the volume they deem necessary to cover the cost of the database so they only enter pawn transactions manually at this time; however, they intend to join the electronic database in the future. Quarterly, the NCPD Investigations Division submits the summary to the Records Division to ensure there is not a trend in late submittals. Since implementing the audit review system in the third quarter of 2010, there have been no instances of the hard copy submittals lagging behind the electronic submittals. The late electronic submittals exist when data entry Zags behind the actual physical submittal of the transaction slips to NCPD. Since 2010, the pawnshops listed above have been in total compliance. Annually, the State sends NCPD a list of currently licensed pawn dealers and those coming up for renewal to check for compliance. NCPD investigators visit those retailers who have not renewed their pawn license to ensure they are not operating as a pawn dealer. While conducting these reviews over the last four years, NCPD has found only one secondhand dealer (no pawnshops) who was out of compliance and ensured they renewed both their State and City licenses. In the course of investigating burglaries and fraud cases, NCPD investigators regularly visit pawn shops located in the City. Leads Online has substantially increased NCPD's visits to pawnshops due to easy access with a usable system. Investigators use the database on a weekly basis to follow-up on leads and enter suspected and stolen items into the Leads Online database which contains a national (and some businesses located in Mexico) detailed comprehensive database of pawnshops. Before Leads Online, NCPD relied on ARJIS, a countywide criminal justice enterprise network which has limited details and doesn't include the entire pawn transaction information. 4 In addition to running a particular name or a particular item, NCPD receives alerts on the following situations: • Every time a particular person of interest pawns an item anywhere in the United States; • Every time an item matching an item stolen in National City and submitted to ARJIS is pawned anywhere in the United States; • Every time a particular style of item of interest is pawned (for example a Cannon ES 50D digital Camera); • Individuals from National City, who may or may not be on any law enforcement watch list, but pawn an inordinate amount of items. One example involved an individual who was not on a watch list but pawned 78 wedding rings over a matter of weeks. NCPD also meets semi-annually with the San Diego Regional Pawn Association. Simon and Simon, Monte de Piedad and Express Pawn personnel are always involved and attend the meetings. NCPD and Code Enforcement are not aware of any current code or other violations with any of the pawn and/or gold buying businesses licensed in National City. Conditions for Approval Gold buying businesses and pawnshops are not locally regulated by City ordinance, other than being required to obtain a business license. In fact, cities and counties are precluded from adopting ordinances regulating the holding, reporting or identification requirements for transactions involving coins, monetized bullion, or commercial grade ingots of gold, silver, or other precious metals. (Bus. & Prof §21637(a)) The State preempts the regulation in this area. The concern has been that gold buyers have been discovered at times to work out of cars or shows in hotel rooms and will melt items immediately and pay the person cash on the spot. Melting the gold and metals make it more difficult for law enforcement to track stolen property. These buyers differ from legitimate businesses such as the Cash for Gold business located in Westfield Plaza Bonita. Enforcement for these non -legitimate "businesses" may be achieved through stricter zoning regulations and additional police monitoring. To assist the City with outreach to the business community, the National City Chamber of Commerce has offered to coordinate an informational orientation for pawnshops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and precious metals. National City relies primarily on State regulations to enforce and regulate pawnshops, secondhand, and gold and precious metals buying businesses. Conditional Use Permits / Conditions of Approval can be an appropriate method 5 for strengthening the reporting of secondhand property sales, installation and maintenance of security cameras, retention of video tapes for at least 60 days, and photographing of sellers, and other such regulations. Additionally, at the recommendation of the Chief of Police, the Planning Commission may consider revocation of the CUP if the operator is found to be in violation of any State or local law. There are currently no regulatory or zoning requirements for pawnshops in National City. However, Chapter 3, Section 18.30.320 of the draft National City Land Use Code contains language that strengthens the City's ability to regulate pawnshops: 1. No pawnshops shall be located within 2,000 feet of another such business. 2. Pawnshops shall be no closer than 250 feet from residential zones. 3. No pawnshop shall be located east of Interstate 805. 4. A conditional use permit is required. 5. A pawnshop which provides payday lending is not exempt from the regulations of payday lenders. Should the City Council approve the Land Use Code in its final form, approval conditions and distance requirements for pawnshops will be strengthened. However, it is important to note that the draft Land Use Code in its current form does not address or regulate secondhand or gold buying businesses. Without such regulations, the secondhand dealers and gold buyers (with the exception of "Cash for Gold" at Plaza Bonita who voluntarily meets pawn standards) will remain, for the most part, unregulated. Staff Recommendation Given the increasing number of gold buying businesses coming into the City, and the current lack of enforcement and zoning regulations, staff recommends the City Council direct that language be included in the draft Land Use Code to include gold buying and secondhand businesses. 6 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT ATTACHMENT #1 MEETING DATE: April 5, 2011 AGENDA ITEM NO.17 M TITLE: Report on pawnshops, and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals. PREPARED BY: ',Leslie Deese, Asst. City Manager PHONE: 619-336-4240 EXPLANATION: See Attached DEPARTMENT: City Manager APPROVED BY: FINANCIAL STATEMENT: N/A ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: See attached staff recommendation (Page 4) BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: f Report Staff Report At the March 1, 2011 City Council meeting, Councilmember Natividad requested staff to provide a report on the number of pawnshop businesses located in National City, zoning regulations, reporting requirements and any associated impacts. In addition to pawnshops, there are a number of businesses that are also engaged in secondhand dealing and/or the purchase and selling (for melting purposes) of gold and other precious metals. As such, this report also discusses those businesses. The Police Department has also expressed concerns related to criminal activity, sale of stolen items, and secondhand dealer reporting requirements as required by the State Department of Justice. Pawnshops are in the business of lending money on the security of pledged goods left in pawn, or in the business of purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller for a fixed .price within a fixed period of time. Both pawn brokers and gold and precious metal buying are State regulated, generally through the California Business and Professions Code. Precious metal buying businesses and pawn shops must register with the California Department of Justice as a secondhand dealer. Pawn shops must properly document and report all purchases to the Police Department on a daily basis and hold purchased items for a minimum of 30 days. State law does not allow cities to adopt identification, holding, or reporting requirements if they are already set forth by the California Business and Professions Code. There are no local distance requirements for pawnshops and any noted impacts of such businesses located in close proximity to one another are unknown at this time. Currently, the two businesses located on 8th Street are adjacent to each other and have been for many years. It is unknown whether the business currently under construction at 560 Highland would impact the pawnshop business next door in terms of business sales or other consequences. The City does not have a moratorium on the number of pawn businesses allowed to operate in our jurisdiction. Licensed Businesses in National City There are currently nine (9) pawn, gold buying, and secondhand businesses licensed to operate in National City, with another approved and scheduled to open shortly. The businesses are at the following locations: NO CUP We Lend More, Inc. (Pawn Shop) t 133 E. 8 Street Predates CUP requirement 1985-2 CUP Simon & Simon Jewelry & Loan (Pawn Shop) 139 E. 8th Street Denied by Planning Commission on 4/1/85. Approved by City Council on May 14, 1985 2008-08 CUP Express Financial Services (Pawn Shop) 1050 Highland Avenue Approved by Planning Commission on 5/19/08. Approved by City Council at Public Hearing on 7/1/08 2009-05 CUP Monte de Piedad (Pawn Shop) 604 Highland Avenue Approved by Planning Commission on 5/18/09. City Council filed on 6/2/09 2009-16- CUP Cash for Gold (Gold Buying) 3030 Plaza Bonita Road #2075 Approved by Planning Commission on 9/21/09. City Council filed on 10/6/09 2009-17 CUP Quality 4 Less (Thrift Store) 3126 E. Plaza Blvd. Approved by Planning Commission on 9/21/09. City Council filed on 10/6/09 2010-16- CUP Gold buying at Uncle Buck's Check Cashing (Gold Buying) 1539 Plaza Blvd. Approved by Planning Commission on 7/19/10. City Council filed on 8/3/10 2010-20- CUP Business Not Yet Operating or Named (Pawn Shop with Gold Buying) 560 Highland Ave Approved by Planning Commission on 7/19/10. City Council filed on 8/3/10 2011-05 CUP Monte de Piedad (Pawn Shop with Gold Buying) 2720 E. Plaza Blvd Approved by Planning Commission on 3/21/11. Scheduled for City Council on 4/19/11 State Regulations Pawnshops must obtain a Pawnbrokers license from the State Department of Justice, which is received after the National City Police Department ("NCPD") reviews the application. Pawn shops in National City, other cities, and the County of San Diego are highly regulated. Pawn shops must document every transaction, and review and validate identification of the person conducting the pawn transaction. They complete a copy of the transaction, send NCPD a copy of the_transaction slip (generally with a thumbprint), and electronically add the information to a database which sends the information to the state. The pawn broker must not only identify the person entering into a transaction, they must also hold the item pawned for at least 30 days after notification to NCPD of the transaction, and therefore cannot sell or transfer the item until after the 30-day period . NCPD utilizes the "Leads Online" database to track the information entered by the pawnshop. This database allows NCPD to track every pawn in the City, and every pawn transaction entered into by any National City resident (identified with a National City address) anywhere in the country and in parts of Mexico. NCPD can track pawns of any item in the United States, sometimes with an actual photo and the copy of the transaction slip. NCPD receives this info in a real-time basis. The "Leads Online" database also sends NCPD weekly alerts on any pawn shop that is behind in entering their transaction information. NCPD can also add alerts for any individual, any item, any description on any item in any universe they select if they are looking for a stolen item or a person of interest. The Leads Online system notifies NCPD immediately with an electronic message if any hits (transaction) on any person or item added into their system. NCPD has solved several cases of burglary, elder abuse, and robbery through this system. Gold Buying & Secondhand Dealers Gold buying businesses and pawnshops currently are not locally regulated by City ordinance, other than being required to obtain a business license. In fact, cities and counties are precluded from adopting ordinances regulating the holding, reporting or identification requirements for transactions involving coins, monetized bullion, or commercial grade ingots of gold, silver, or other precious metals. (Bus. & Prof §21637(a).) The State preempts the regulation in this area. The concern has been that gold buyers have been discovered at times to work out of cars or shows in hotel rooms and will melt items immediately and pay the person cash on the spot. These buyers differ from legitimate businesses such as the Cash for Gold business located in Westfield Plaza Bonita. Enforcement for these non -legitimate "businesses" is through no business license or permission to sell in such locations. Conditions of Approval Pawnshops and gold buying (precious metal) businesses are permitted within the General Commercial (CG) zone with the approval of a Conditional Use Permit (CUP). These industries are proposed in the draft proposed General Plan to require CUPs in all zones. For example, in the CG (Highland, Plaza, 8th, etc) and CSC (Westfield Plaza Bonita) zones (whe.re most of these businesses exist or would like to be located), these uses require a CUP — use group 19, which allows these uses, requires a CUP to locate there. However, the CH and CM zones allow these uses by right, as do industrial zones. The current version of the draft Land Use Code requires a CUP for any pawn shop wherever located. Conditions of Approval can be an appropriate method for strengthening the reporting of secondhand property sales, installation and maintenance of security cameras, retention of video tapes for at least 60 days, and photographing of sellers, and other such regulations. Additionally, at the recommendation of the Chief of Police, the Planning Commission may consider revocation of the CUP if the operator is found to be in violation of any State or local law. Previous approvals (gold buying operations at Westfield Plaza Bonita and Uncle Buck's Check Cashing at Plaza and Palm) have required the retention of purchased material for at least 60 days, in excess of the 30-day State requirement. The Police Department requested the extended retention period due to the time it took to process pawn/precious metal buying reporting information versus available staff. However it should be noted that anything in excess of state regulations is voluntary on the part of the applicant (e.g. 60 day holding period). Staff Recommendation The City of National City currently relies primarily on State regulations to enforce and regulate pawnshops, secondhand, and gold and precious metals buying businesses, although the CUP process can provide further regulations of such businesses. The City Council may wish to direct staff to further research the City's ability to further regulate secondhand and gold buying businesses, where they are not preempted by State law. II Mayor Ron Morrison Council Members Alejandra Sotelo-Solis Louis Natividad Mona Rios Rosalie Zarate ,!-6v- jNGOR1,chti 4D Office of the City Attorney A1PACH1'1Eifr #2 City Attorney Claudia Gacitua Silva Legal Counsel George H. Eiser, III Senior Assistant City Attorney Jodi L. Doucette TO: Assistant City Manager DATE: April 27, 2011 FROM: Legal Counsel SUBJECT: City Regulation of Pawnbrokers and Secondhand and Precious Metals Dealers; Moratorium Ordinance AUTHORITY TO REGULATE Pawnbrokers and secondhand and precious metal dealers are regulated by state law with respect to holding, reporting, or identification requirements for transactions involving coins, monetized bullion, or commercial grade ingots of gold, silver, or other precious metals, and in the case of pawnbrokers and secondhand dealers, with respect to identification, holding or reporting requirements for the acquisition of tangible personal property in the ordinary course of business (California Business and Professions Code Section 21637). A city may enact an ordinance pertaining to or covering the reporting, holding, or releasing of tangible personal property not inconsistent with the state regulations of the type described above (Business and Professions Code Sections 21637 and 21638). Courts have held that these sections expressly recognize a city's authority to regulate pawnbrokers and other secondhand dealers in a manner not in conflict with state law without presenting an issue of express or implied preemption of the entire field of regulation. (San Diego Gas & Electric Co. v. City of Carlsbad (1998) 64 Ca1.App.4th 785, 75 Ca1.Rptr2d 534; Malish v. City of San Diego (2000) 84 Ca1.App.4th 725, 101 Cal.Rptr.2nd 18.) One of the principal methods that a City may utilize to regulate pawnbrokers and secondhand and precious metal dealers is through land use controls. "When local government regulates in an area over which it traditionally has exercised control, such as the location of particular land uses, California courts will presume, absent a clear indication of preemptive intent from the Legislature, that such regulation is not preempted by state statute." (Big Creek Lumber Co. v. County of Santa Cruz (2006) 38 Ca1.4th 1139, 45 Cal. Rptr.3d 21; Tosi v. County of Fresno (2008) 161 Ca1.App.4th 799, 74 Cal.Rptr.3d 727.) Examples of land use controls that may be utilized include the placement of numerical limits on businesses of the same type, imposition of distance requirements between businesses of the same type, and enactment of CUP requirements. 1243 National City Boulevard; National City, Califomia 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 April 27, 2011 Page Two INTERIM (MORATORIUM) ORDINANCES As part of its authority to regulate land uses, the City may impose a moratorium on a specified land use, prohibiting the establishment of any new land use of the type specified while the moratorium is in effect. Section 68585 of the California Government Code authorizes a city, in order to protect the public health, safety, and welfare, and without following the procedures otherwise required prior to the adoption of a zoning ordinance, to adopt as an urgency measure to take effect immediately an interim ordinance (commonly known as a moratorium ordinance) prohibiting any uses which may be in conflict with a contemplated general plan, specific plan, or zoning proposal which the city intends to study within a reasonable time. The initial period that the interim ordinance remains in effect is 45 days. After a public hearing, the interim ordinance may be extended for additional periods of 10 months and 15 days, and subsequently, for one year. A four -fifths vote of the City Council is required to pass the ordinance in each case. Before adopting or extending any interim ordinance, the City Council must make findings that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of use permits, variances, building permits, or other entitlements for use which is required in order to comply with a zoning ordinance would result in that threat to the public health, safety, or welfare. Over the years, the City Council has enacted several moratorium ordinances, including a moratorium on payday lenders, a business, like pawnshops and other secondhand dealers, that is already regulated by state law. In my opinion, pawnbrokers and secondhand and other precious metal dealers, could likewise be the subject of a moratorium ordinance. GHE/gmo cc: City Attorney AC) gat: zir GEORGE H. EISER, III Legal Counsel i3 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 3, 2011 AGENDA ITEM NO.22 EM TITLE: Authorizing the issuance of a Request for Proposals (RFP) for Towing and Impound Services for the City of National City. PREPARED BY: Police/City Attorney/City Mang DEPARTMENT: PHONE: 336-4240 �1�-- APPROVED BY: EXPLANATION: See Attached FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Review and approve BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: ff Report __Aground for Current Towing and Impound Contract Draft "Request for Proposal" EXPLANATION: National City's towing and impound contract will expire on September 30, 2011. Consistent with the City's practice of seeking proposals for contractual services, staff has drafted an RFP for towing and impound services. The attached RFP is provided to the City Council for review and approval prior to its release. The purpose of the RFP is to obtain a contract to provide towing and impound services for National City for a period of two (2) years from award of the contract, with options to renew up to three (3) additional one year periods. The performance area includes all incorporated areas of National City. The RFP also contains language that the City award contract(s) to a minimum of two tow contractors, with a maximum of three. Upon City Council's approval, staff will advertise the RFP in local newspapers, including the San Diego Union Tribune and The Star News, will mail the RFP to the City's vendor list and post on the City's website. The next step in the process will include an evaluation of the proposals by a City committee comprised of police, city attorney, finance and city manager designees. Site visits to the tow companies that meet the requirements set forth in the RFP will also be conducted. Staff anticipates bringing forth a recommendation to the City Council for the award of the tow contract(s) on August 2, 2011. Background for Current Towing and Impound Contract Meeting Date March 21, 2006 March 29, 2006 March 30, 2006 July 21, 2006 May 15, 2007 March 17, 2009 July 20, 2010 September 7, Council Action After a competitive RFP process, City Council awarded towing contracts to Moynahan Towing Services and JC Towing, Inc. for three-year term. (Contract Terms: April 1, 2006 to March 31, 2009) Complaint filed by A to Z Towing, Inc. (RoadOne) against City in awarding of contract. RoadOne requests court to not allow of award of contract by City; Court denies RoadOne's request. Court rules in favor of National City in RoadOne case. City Council approves First Amendment to towing contracts with Moynahan Towing Services and JC Towing, Inc. by providing for two -week rotations, thus changing the towing schedule. City Council approves Second Amendment to towing contracts with Moynahan Towing Services and JC Towing, Inc. to extend the terms to four six-month periods. (Contract Terms: April 1, 2009 to September 30, 2011) City and JC Towing, Inc. mutually agrees to terminate towing contract. (Effective July 20, 2010) 2010 City Council approved Third Amendment to towing contract with Moynahan Towing Services for additional towing and impound services within National City for duration of agreement. (Contract Terms: Entered into September 7, 2010 through September 30, 2011) -City T A } CITY OF NATIONAL CITY REQUEST FOR PROPOSAL RFP #: GS1011-4 Title: Towing and Impound Contract Date Issued: May 5, 2011 Proposals Due: Monday, June 20, 2011 by 3:30 p.m. Note: Proposals must be received in the Finance Department, at the address below, by the date & time shown. Note: • Proposal is subject to all terms and conditions contained herein. • For information call: Debra Lunt, Buyer (hereinafter "Purchasing Agent") (619) 336-4570 or email: dlunt@nationalcityca.gov Complete All Information Below. Failure to do so may deem your proposal unresponsive or rejected for being incomplete. Bidding Contractor Information: Company Name: Address: Signature: Printed Name: Date: Phone: Office: Fax: Mobile: Web Address: Email: CITY OF NATIONAL CITY FINANCE DEPARTMENT 1 PURCHASING DIVISION 1243 National City Blvd., National City, CA 91950 Ph (619)336-4570 Fax (619)336-4597 www.nationalcityca.gov 1 INSTRUCTIONS FOR COMPLETING REQUEST FOR PROPOSALS ("RFP") 1. Where applicable, price each item separately. Prices should be stated per unit(s) specified herein. 2. Proposals must be submitted to, and received by the National City Finance Department / Purchasing Division, 1243 National City Blvd.; National City, CA 91950, by the time and date specified on the cover page. Proposals will not be opened until after that time. 3. Proposals must be submitted using the forms and return address label provided as a part of this proposal package. The enclosed label should be attached to the envelope in which the proposal is being mailed, so that it is clearly identified as such. 4. Proposals shall be prepared in ink, by typewriter or on computer. Pencil is unacceptable. Mistakes may be crossed out and corrections inserted adjacent thereto and must be initialed in ink by the person signing the proposal. 5. Proposals received after the prescribed due date will be time stamped and returned to the contractor unopened. (See #2 above.) 6. If you choose to "NO PROPOSAL", or not to respond to this request, return the cover page and state reason; otherwise your name may be removed from the City's contractor list. 7. Should a Bidding Contractor find discrepancies in, or omissions from the specifications, or bein doubt as to their true meaning, Bidding Contractor may promptly request an interpretation from the Purchasing Agent. Any interpretation of, or change to the proposed documents will be made only by an addendum issued to each person to whom specifications have been issued, and shall become part of any contract awarded. The City'will not be responsible for any other explanation or interpretations. 8. Failure to respond to any portion of the RRP may be cause for rejection of proposal. 9. Any Bidding Contractor who wishes to withdraw its proposal must do so before the time and date established for opening of the RFPs. 10. If there are any questions or comments relative to technicalities of the proposal, they must be submitted in writing to the City Purchasing Agent. 11. Bidding Contractor shall read all attached terms, conditions and specifications carefully; they are a part of the proposal and shall be submitted with your response on the due date. 2 STANDARD. TERMS AND CONDITIONS FOR REQUEST FOR PROPOSALS 1. EQUAL OPPORTUNITY Each Bidding Contractor, having a contract with the City in excess of $10,000 annually, shall comply with the City's Equal Opportunity Program. This requires vendors to have an Equal Opportunity Program of their own, a copy of which must be submitted with the proposal, or otherwise filed with the City's Finance Department. Companies with fewer than fifteen (15) regular, full- time employees at the time of award, are exempt. The object of this program is to assure that vendors will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin; and will take action to assure that applicants are employed and that employees are treated, during employment, without regard to race, color, religion, sex, or national origin. A copy of the City's Equal Opportunity Program, which is incorporated herein by reference, will be furnished upon request. The City of National City, as a matter of policy, encourages the participation of small, minority, women and handicapped owned businesses. 2. ASSIGNMENT OF RIGHTS, TITLE AND INTEREST In submitting a proposal to the City, the Bidding Contractor offers and agrees that if the /proposal is accepted, it will assign to the City all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from services provided by the proposal for sale to the City pursuant to the proposal. Such assignment shall be made and become effective at the time the City tenders final payment to the Bidding Contractor. 3. SIGNATURE All offers must be signed with the company name and by an authorized officer or employee. The name is to be typed or printed along with signature. Obligations assumed by such signature must be fulfilled. 3 4. VARIATIONS IN SPECIFICATIONS ° The City reserves the right to waive a variation in specifications if, in the opinion of the City, such variation does not materially change the item or its performance within parameters acceptable to the City. 5. WARRANTIES Bidding Contractor agrees that the services to be furnished shall be covered by the most favorable commercial warranties the Bidding Contractor gives to any customer for the same or substantially similar services and that the rights and remedies so provided are in addition to and do not limit any rights afforded to the City. 6. FAILURE TO RESPOND In the event your company fails to respond to two (2) consecufive "Request for Bids/Proposals", your company will be deleted from the Finance Department's contractor list. Reinstatement can be accomplished upon request. 7. INDEMNIFICATION The Bidding Contractor shall indemnify, defend, and hold harmless the City,. its officers, agents, and employees from any and all claims and losses occurring or resulting to any and all contractors, subcontractors, material, laborers, or any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this proposal, and from any and all claims occurring or resulting to any person, firm, or corporation who may be injured or damaged by the Bidding Contractor in the performance of this RFP. 8. BUSINESS LICENSE AU Bidding Contractors conducting business within the corporate limits of the City of National City must procure a business license. (Ref.: NCMC 6.04). Additional information may be obtained by calling the Business License Inspector at (619) 336-4341. 9. SPECIFICATIONS The specifications contained herein are to be considered as minimum. Bidding Contractors may offer equipment which exceeds these .requirements. However, equipment which fails to meet the minimum requirement shall be considered as non -responsive to our needs. Any additions, deletions or variations to this specification must be stated. Bidding Contractor must furnish descriptive literature, complete specifications and data on the equipment proposed to be furnished. 4 TABLE OF CONTENTS I. Objective and Process 1 A. Background 1 B. Definitions 1 C. Scope of Work 3 D. Objective 3 E. Purchasing Agent 3 F. Questions 3 G. Submission of Proposals 4 H. Closing Date 5 I. Late Submissions 5 J. Economy of Preparation 5 K. Content of the Proposals 5 L. Submittals Required Upon Provisional Award 6 M. Acceptability of Proposals 7 N. Evaluation 7 O. Oral Presentations 7 P. Negotiation 7 Q. City's Unilateral Right 7 R. Evidence of Responsibility 8 S. Basis of Award 8 T. Incurred Expenses 8 II. General Requirements 9 A. Roles of the Purchasing Agent and City Contract Administrator 9 B. Insurance Requirements 9 C. Option to Renew 11 D. Standard Terms and Conditions 11 III. Specific Provisions 11 A. Technical Merit 11 B. Business Hours 13 C. Contractor's Employees 13 D. Storage Yard 14 I TABLE OF CONTENTS (cont.) E. Trucks 14 F. Towing 15 G. Response Time 15 H. Referral/Franchise Fee 16 I. Other Fees 16 IV. Pricing Submittal 17 A. Referral Fees 17 B. Towing Charges for City Vehicles 17 C. Storage Fees 17 D. Lien Sale Fees 17 Attachments: A. Towing Fee Schedule 18 B. Bidding Contractor's References 20 C. Bidding Contractor's Statement of Subcontractors 22 II I. OBJECTIVE AND PROCESS A. BACKGROUND On a daily basis, officers require vehicles be towed for various purposes. During the calendar year of 2010, the National City Police Department (hereinafter "NCPD") required the towing of approximately 1439 vehicles of police -initiated, non -referral impounds. The City of National City (hereinafter "City") does not operate tow trucks, nor does it have sufficient storage for the number of vehicles towed per year. Therefore, it is necessary to contract for such services to assist the NCPD. B. DEFINITIONS "30-Day Impound Fee" is defined as a 15 percent fee paid to City by the Contractor, when a Serious Traffic Offender Program (hereinafter "STOP") vehicle is held for 30-day storage. This fee is not applicable when City releases a vehicle prior to the full 30-day period. Nothing in this section is intended to prevent or preclude the early release of a 30-day hold STOP vehicle, if circumstances warrant it. "Bidding Contractor" is defined as a potential Contractor submitting a Proposal. "Committee" is defined as the Chief of Police, City Attorney, Purchasing Agent and City Manager, or their designees. "Contract" is defined as the agreement between the City of National City and the Contractor(s) chosen as a result of this Request for Proposals (hereinafter "RFP") for the proposed dates of service. "Contractor" is defined as the company(s) selected to be the designated tow truck company during the term of the Contract. "Contract Year" is defined as any one year, a 365 day period during the term of this agreement. "Fee Schedule" is defined as the fees charged by a Contractor to the owner, operator, or agent of the subject vehicle for various services charged by the Contractor. The fee schedule is approved and authorized by the City Council. The fee schedule includes itemized charges for numerous towing and storage services, including but not limited to, hookup fees, dolly fees, daily storage fees, after -hour release fees, City administrative fees, etc. "Negligent Vehicle Impound Release (NVIR) Fee" is authorized by the City and is paid by the owner to the City, collected through the Contractor. The NVIR Fee is defined as a fee charged to the owner, operator or agent of a vehicle that violated certain specified sections of the California Vehicle Code or National City Municipal Code. The NVIR fee is currently established at fifty-five ($55) dollars. The NVIR fee may be adjusted during the term of the Contract at the discretion of the City. The 1 Contractor, on behalf of the City, collects this fee from the owner, in addition to the other fees the Contractor is authorized to charge and collect, and remits this payment to the City twice a month. "On -Demand Tow" is defined as the towing of a vehicle by a towing company that has been requested by the vehicle owner, operator, or agent, without police involvement. On -Demand tows may include owners or agents of private property landholders who arrange for vehicle towing service from private property without police involvement. If NCPD becomes involved in arranging for tow service, the matter is considered a "Police Referral Tow". On -Demand Tows are considered independent services outside the scope of the City's Contract. "Police Tow" shall mean the towing of a vehicle at the direction of NCPD where the consent of the owner or operator or their agent of the vehicle is not required under existing law. This shall include, but is not limited to, the towing of vehicles that are illegally parked, abandoned, are evidence in a criminal investigation, are disabled due to a collision (pursuant to Sect. 22500 Cal. Veh. Code), mechanical failure, or otherwise subject to the authority of NCPD. "Police Referral Tow" is defined as the towing of a vehicle by the NCPD, at the request of the vehicle owner or operator or their agent. Examples include mechanically disabled vehicles, vehicles disabled as a result of collision, or any other circumstances where the public right-of-way is impacted. "Proposal" is defined as a potential Contractor's response/bid to this RFP. "Provisional Award" means the final selection of Contractor(s) recommended by City staff but before City Council has awarded the final Contract. "Purchasing Agent" for the City is defined as the designated position of Buyer in the Finance Department. "Referral/Franchise Fee" is a fee from Contractor to City and is authorized by California Vehicle Code Section 12110(b). It is defined as a quarterly fee charged to Contractor(s) by the City in connection with the award of a franchise for the towing services for the City. The Referral Fee is designed to compensate the City for its actual and reasonable costs incurred by the City to process and administer towing services. The Referral Fee may be adjusted during the term of the Contract at the discretion of the City Council, and is payable and set forth in Attachment A. If more than one Contractor is chosen, then the fee is split equally amongst the number, in equal shares, each quarter. "Contractor Rotation" is defined as the on -call rotation schedule determined by NCPD as to which Contractor is on -call at any given time, which schedule will depend on the quantity of chosen Contractors but will be equally arranged. "RFP" means Request for Proposals for the Towing Contract. 2 "Response Time" is defined as the elapsed time between the dispatch of the tow service request by the NCPD Dispatch Center or City employee to the Contractor and the arrival of the specific tow truck type requested to fulfill the tow need on - scene. "Secondary Tow" is defined as the impound of a vehicle on orders of law enforcement under the authority of California Vehicle Code § 22655 or 22655.5 and the vehicle is brought to the NCPD for evidence processing. The secondary tow occurs when NCPD directs the original contractor to retrieve and store the vehicle on the contractor's property. "S.T.O.P Fee" The Serious Traffic Offender Program is a program authorized by City resolution. The program focuses on unlicensed drivers and provides for a 30- day impound of vehicles. Such fee, designed to off -set the administrative costs of the program, is authorized by the City Council under the authority of California Vehicle Code § 22850.5. The fee is currently set at one hundred fifty ($150) dollars. The STOP fee may be adjusted during the term of the Contract at the discretion of the City. This fee is charged to the vehicle owner, operator or agent and is collected by Contractor, on behalf of City, in addition to the other fees the Contractor is authorized to charge and collect. C. SCOPE OF WORK The purpose of this RFP is to obtain a contract to provide towing services required by the City for the period of two (2) years from award of the Contract, with options to renew up to three (3) additional one year periods. The Contractor shall provide towing and storage for the City of National City for its towing allowed by law without the owner or agent's consent, provided under the law. The performance area includes all incorporated areas of the City of National City, California. The Contract excludes vehicles that are towed due to impound forfeiture or the City's abandoned vehicles program ("AVA"). Subcontracting by the contractor for the actual towing service will not be permitted by the City. D. OBJECTIVE The objective of this RFP is to award Contract (s) that deliver the best overall value to the City, including, but not limited to, experience, price, delivery, ability to meet specifications, efficiency, and any and all other factors that may be of benefit to the City related to providing the services outlined in this RFP. It is the City's intent to award Contracts to a minimum of two Contractors, with a maximum of three Contractors. Contractors will be scheduled for towing services on a rotating schedule. Following award of the Contract(s), the NCPD Traffic Supervisor will provide each Contractor with a schedule. E. PURCHASING AGENT Contractors who have received this RFP from a source other than the Purchasing Agent listed on the cover page of this RFP should immediately contact the Purchasing Agent and provide their name and mailing address to the City, in order that notices of 3 addenda to the RFP, or other communications, can be sent to them. Contractors who fail to notify the Purchasing Agent with this information assume complete responsibility in the event that they do not receive communications prior to the closing date of the RFP. F. QUESTIONS Each Bidding Contractor is responsible for carefully reading and fully understanding the terms and conditions of this RFP. All contact between Bidding Contractors and the City will be formally made at scheduled meetings or in writing through the Purchasing Agent. Requests for clarification or additional information must be made in writing to the Purchasing Agent and received at the Finance Department listed on the cover page no later than 3:30 p.m. on June 20, 2011. Such requests should contain the following: "QUESTIONS: RFP #GS1011-4". Only written communications relative to this RFP shall be considered. Hard copy, facsimile, and electronic mail are acceptable methods for submission of questions. It is incumbent upon the Bidding Contractor to verify City receipt of their questions. All questions will be answered in writing. Both questions and answers may be distributed, without identification of the inquirer(s), to all Bidding Contractors who are on record with the Purchasing Agent as having received this RFP via an addendum. No oral communications can be relied upon for this RFP. To the extent that a question causes a change to any part of this RFP, an addendum shall be issued addressing such. G. SUBMISSION OF PROPOSALS Proposals shall be: 1. Submitted in the format set forth herein. 2, Made in the official name of the business or individual under which the Bidding Contractor's business is conducted (including the official business address), 3. Cover page of this RFP signed by a person duly authorized to commit Bidding Contractor to the Proposal, 4. Submitted in a sealed envelope with label provided by City as part of the RFP package firmly attached to the front of the sealed proposal, and 5. Addressed to the Purchasing Agent identified on the cover page of this RFP. 6. The Bidding Contractor must submit one (1) original cover page and three (3) copies. Attachments shall be provided in the same manner. Failure to submit the proposals in a sealed manner may cause it to be rejected as non -responsive and not acceptable. Faxed or electronically submitted proposals will not be accepted. 4 H. CLOSING DATE Proposals must arrive at the location identified on the cover page of this RFP, received by the City of National City Finance Department on or before the date and time specified on the cover page, in the format set forth herein. There will be no public opening of the proposals. The names of the Bidding Contractors will not be released until announcement of the Provisional Award. I. LATE SUBMISSIONS Bidding Contractors mailing proposals should allow sufficient mail delivery time to insure timely receipt by the issuing office. Any proposal, addenda to proposals, request for withdrawal of proposals arriving after the closing date and time, or modification of a proposal that is not received at the designated location, time and date set forth herein will be considered late and shall not be accepted the City. Delivery of the proposal to the specified location by the prescribed time and date is the sole responsibility of the Bidding Contractor. A record of late submission, request for withdrawal, or modification of a proposal shall be made in the appropriate City file. J. ECONOMY OF PREPARATION Each proposal should be prepared simply and economically, providing a straightforward, concise description of the Bidding Contractor's offer and capabilities to satisfy the requirements of this RFP. Emphasis should be on completeness and clarity of content. K. CON I'ENT OF THE PROPOSAL 1. Proposal Summary The Proposal Summary shall be submitted by the company's management and shall contain a brief narrative or synopsis summary of how the Bidding Contractor's proposal meets the needs of the City incorporating the Bidding Contractor's understanding of the background, scope of work, and objective as specified in the RFP. 2. The Technical Proposal The information specified herein must be addressed in the technical proposal. The Bidding Contractor must expressly indicate that it satisfies and is fully capable of providing each provision of the RFP. Bidding Contractors shall provide responses to each paragraph in the same order as the RFP citing the heading and then their response. Simple "Yes", "No", or "Comply" responses to stated Specific Provisions and Technical Specifications are insufficient. Rather, the Bidding Contractor must describe in detail how the proposed services meet or exceed the stated Specific Provisions and Specifications and Bidding Contractor shall state their understanding and compliance. Additionally, the Bidding Contractor 5 must explain any exception or deviation from the Specific Provisions and Technical Specifications. Bidding Contractors should also include any other information they feel may be of benefit to the City. Bidding Contractors are urged to read the Specific Provisions and Technical Specifications very carefully and to submit their questions, in writing, by the due date of this RFP. Misinterpretation of Specific Provisions and Technical Specifications by the Bidding Contractor shall not relieve the Bidding Contractor of responsibility to perform the contract, if awarded. Submittals Required with Technical Specifications (1) Bidding Contractor's References (Attachment B to this RFP.) (2) Bidding Contractor's Statement of Subcontractors (Attachment C to this RFP.) (3) Copy of CHP form 234B for trucks assigned to this RFP Failure to provide the required submittals with the proposal may be cause for the proposal to be rejected as non -responsive and unacceptable. 3. Price Aspect of the Proposal Price Proposal Pages Bidding Contractors shall submit their own pricing proposals. The pricing proposals shall be clear, understandable, and in an organized fashion. (Attachment A, Page 18, is being provided as a guide to typical towing price breakdowns and may be used as a guide in developing the Price Proposal.) 4. Completion and Signing of the RFP Cover Page Contractors must complete and sign the RFP cover page. Failure to submit this signed document may cause the Bidding Contractor's proposal to be rejected. L. SUBMITTALS REQUIRED UPON PROVISIONAL AWARD A. Insurance requirements as specified in Section II, paragraph B. B. Names of all Bidding Contractor's employees that will be assigned to the Contract, as specified in Section III, paragraph C. C. Failure to provide the required submittals upon provisional award, within the time period specified, may be cause for the provisional award to be voided and the proposal to be rejected as non -responsive. 6 M. ACCEPTABILITY OF PROPOSALS The Purchasing Agent shall determine which Bidding Contractors have met the requirements of the RFP. Failure to comply with any mandatory requirement will normally disqualify a proposal. The Purchasing Agent and/or City staff shall have the authority to determine whether any deviation from the requirements of this RFP is significant in nature. The Purchasing Agent may waive or permit to be cured minor irregularities or minor informalities in proposals that are immaterial or inconsequential in nature, whenever it is determined to be in the City's best interest. The Purchasing Agent may reject in whole or in part any and all proposals if such is in the City's best interest. N. EVALUATION The City Committee will review the Technical Specifications, Specific Provisions and Price Proposal. Additionally, the City reserves the right to require, during proposal evaluation, that the Bidding Contractor provide a copy of its most current Annual Report or audited Statement of Financial Condition to include a Balance Sheet, Income Statement, and Cash Flow Statement or other acceptable financial information. These documents may be relied on in further determining the Bidding Contractor's financial responsibility. O. ORAL PRESENTATIONS Bidding Contractors may be required to make individual presentations to the Purchasing Agent and/or the NCPD Traffic Division Sergeant, or its designated representatives, in order to clarify their proposals. If the City determines that such presentation is needed, the issuing office will schedule a time and place for oral presentations. Bidding Contractor is required to make the oral presentation within five (5) workdays after request by the City. Each Bidding Contractor should be prepared to discuss and substantiate any of the areas of the proposal submitted, as well as its qualifications to furnish the specified products and services. Notwithstanding the possibility of a request for an oral presentation, Bidding Contractors shall not rely on the possibility of such a request and shall submit a complete and comprehensive written response to this RFP. P. NEGOTIATION The City has the right to accept the best proposal as submitted, without discussion or negotiation. Bidding Contractors should therefore not rely on having a chance to discuss, negotiate and adjust their proposals. Q. CITY'S UNILATERAL RIGHT This RFP creates no obligation on the part of the City to award a contract(s) or to compensate Bidding Contractors for proposal preparation expenses. The City reserves the unilateral right to cancel this RFP, in whole or in part, or reject all proposals submitted in response to this RFP, when such action is determined to be 7 fiscally advantageous to the City or otherwise in the best interest of the City; the unilateral right to award a contract in whole or in part; to award a contract to one (1) or more Bidding Contractors; to waive or permit cure of minor irregularities; and to conduct discussions with Bidding Contractors in any manner necessary to serve the best interest of the City. R. EVIDENCE OF RESPONSIBILITY Prior to the award of a contract(s) pursuant to this RFP, the City may require all Bidding Contractors to submit such additional information bearing upon Bidding Contractor's ability to perform the contract, as the City deems appropriate. A Bidding Contractor may be required to make an oral presentation or a demonstration of its system to the City. The City may also consider any information otherwise available, but not limited to price, technical, and qualifications relative to ability, capacity, integrity, ethics, performance record, proper levels of insurance, and experience of the Bidding Contractors. S. BASIS OF AWARD Award will be made to the responsible Bidding Contractor or Contractors whose proposal(s) is (are) determined to provide the overall best value to the City, considering evaluation of service capabilities, experience, price, and other factors assessed in this RFP. Technical ranking of proposals will be evaluated in conjunction with the corresponding price ranking to determine a final ranking for each proposal. The City is under no obligation to make award based solely upon financial factors. Monetary or other incentives offered by the Bidding Contractor not contained or required by this RFP will not be considered or be a basis of the award. Any contract to provide towing services is subject to a substantive city administration review process by a Committee of City employees. Such review process may include but is not limited to review by the following or their designees: Chief of Police, City Attorney, Purchasing Agent, and City Manager. The Committee will issue a recommendation as to the award and provide a provisional award. However, no Contract for towing service shall become effective until the City Council; City of National City has reviewed and approved the Contract in a City Council meeting. T. INCURRED EXPENSES The City will not be responsible for any expenses incurred by a Bidding Contractor in preparing and submitting a proposal or best and final offer or in making an oral presentation or demonstration. 8 II. GENERAL REQUIREMENTS A. ROLES OF THE PURCHASING AGENT AND CITY CONTRACT ADMINISTRATOR The Buyer ("Purchasing Agent") is the City's authorized representative for all pre - contract matters related to this contract. Throughout the duration of the RPF period, the Purchasing Agent shall be the individual with authority to modify any provisions of this RFP including, without limitation, the statement of work or pricing. The Chief of Police or his designees shall be the principal interface on behalf of the City for post -award technical matters, and shall have the authority to explain and provide further details regarding the City's expectations concerning the work to be performed hereunder and/or the items to be provided herein. The Chief of Police or his designees shall have no authority to modify any provisions of this RFP. Contract Administrator For The City of National City Chief of Police National City Police Department 1200 National City Blvd National City, CA. 91950 (619) 336-4511 Management and Operations Neighborhood Policing Team I Lieutenant National City Police Department 1200 National City Blvd National City, CA 91950 (619) 336-4480 Inspection & Operational Supervision Traffic Supervisor National City Police Department 1200 National City Blvd National City, CA 91950 (619) 336-4420 B. INSURANCE REQUIREMENTS All required insurance shall be submitted to the City of National City within ten (10) days of provisional award. Failure to provide the insurance certificates within the time frame specified shall be cause for the bid to be rejected as non -responsive. The Contractor shall maintain insurance in full force and effect during the entire period of performance under contract. Failure to do so shall be cause for immediate termination of the contract. 9 All policies must have a thirty (30) day cancellation clause, giving the City thirty (30) days prior written notice in the event a policy is canceled. At the end of each contract year, the City reserves the right to review insurance requirements and to require more or less coverage, depending upon assessment of the risk, the Contractor's past experience, and the availability and affordability of increased liability insurance coverage. Insurance coverage must be from an insurance carrier licensed in the State of California and rated "A-, Vl" or better by the A.M. Best Key Rating Guide. All policies must be endorsed to provide that the insurance afforded by Contractor is primary to any insurance or self-insurance maintained by City and its elected officials, officers, employees, agents, and representatives as respects operations of the Named Insured. Any insurance or self insurance maintained by City and its elected officials, officers, employees, agents, and representatives shall be in excess of Contractor's insurance and shall not contribute to it. The following coverage is required: i. Commercial General Liability for a minimum of two million dollars each occurrence ($2,000,000.00 EO). The City of National City must be named as an additional insured on the certificate ii. Automobile Liability for a minimum of two million dollars combined single limit ($2,000,000.00 CSL) per person and two million dollars ($2,000,000.00) per accident. The City of National City must be named as an additional insured on the certificate. iii. Garage Keepers minimum of one million dollars each occurrence ($1,000,000.00 EO). iv. On I-Iook/Cargo in amounts not less than fifty thousand dollars ($50,000.00) / twenty thousand dollars ($20,000.00) /one hundred thousand dollars ($100,000.00), the maximum deductible shall be no more than two thousand five hundred dollars ($2,500.00). v. Workers' Compensation coverage in accordance with the laws of the State of California. Policy must contain a Waiver of Subrogation of Rights against the City of National City. vi. The City does not require a performance bond. 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 the contract. Any aggregate insurance limits must apply solely to the Contract. 10 C. OPTION TO RENEW The City of National City reserves the option to renew the Contract(s) for periods in one year increments from expiration of the original Contract period for up to three (3) additional one year periods under the terms and conditions herein stated. The renewal is contingent on a mutual Contract between the City and the Contractor(s) with such Contract to be confirmed by the Chief of Police within sixty (60) days prior to the expiration of the contract period. The City of National City or the Contractor(s) may decline to confirm the renewal of the contract for any reason whatsoever, which shall render the renewal option null and void. The City's initial letter offering the Contractor(s) an opportunity to renew the contract does not constitute an award of the option period. Any option acceptance must be approved by City Council and confirmed by the City of National City in writing, before it becomes valid. The City will not grant an option, if the Contractor(s) requests an increase which exceeds the average percentage variant for the previous twelve (12) months in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the National City area as published by the Bureau of Labor Statistics, or five percent (5%) whichever is less. If a price increase is requested, the Contractor(s) must provide detailed supporting documentation to justify the requested increase. The City will evaluate the requested increase, and the City reserves the right to accept or reject. D. STANDARD TERMS AND CONDITIONS Except as otherwise specified herein, the attached Standard Terms and Conditions are incorporated as part of this proposal and any resulting contract by reference. By signing and/or authorizing the proposal submittal, the Bidding Contractor acknowledges that they have read and understand the meaning, intent, and requirements of said Standard Terms and Conditions; and acknowledge said Standard Terms and Conditions are included as a part of this bid/proposal. In the event of any conflict between the City of National City Standard Terms and Conditions and the terms and conditions included in this proposal, the terms and conditions of this proposal shall prevail. III. SPECIFIC PROVISIONS All requirements specified within this RFP are minimum requirements to be included in the Contract, which the Bidding Contractor shall meet in providing services for the City. A. TECHNICAL SPECIFICATIONS Evaluation of the technical specifications of the proposals will be in accordance with the Specific Provisions and Technical Specifications of the Proposal. The Bidding Contractor must satisfy and explicitly respond to all the Specific Provisions and Technical Specifications, including a detailed explanation of how each item listed in 11 the Specific Provisions and Technical Specifications are to be met. The last phase of this technical evaluation will be the ranking by the Purchasing Agent of each qualified proposal on technical merit. 1. Meeting the Specific Provisions and Technical Specifications Evaluation factors will include but are not limited to the technical aspects of the proposal, delivery, feasibility of the proposal, conformity of services proposed to the specifications, and any other factors that may be of value to the City. The Purchasing Agent may request additional technical assistance from any source. 2. Bidding Contractor Experience and Past Performance The City requires established business experience, performance, and references within the past three (3) years (Attachment B). The references listed shall verify that the Bidding Contractor has provided services of a similar scope and nature to those outlined in this RFP, and that they are able to provide information about the quality of Bidding Contractor's past performance. The Bidding Contractor shall verify that references, telephone, and facsimile numbers are valid. When assessing the Bidding Contractor's past performance, the City may consider its experience if the Bidding Contractor worked with the City previously, and may also contact other sources of information, including, but not limited to Federal, State, and Local Government Agencies, Better Business Bureaus, published media, and electronic databases. 3. Inspection The City reserves the right to inspect, without advance notice, the Bidding Contractor's equipment and facilities to determine if the Bidding Contractor is capable of fulfilling the terms of Contract. Inspection will include, but not limited to, survey of Bidding Contractor's physical assets and financial capability. Bidding Contractor, by signing the proposal, agrees to allow the City or its agents' right of access to physical assets and financial records for the sole purpose of determining Bidding Contractor's capability to perform the contract. The Bidding Contractor shall grant access to facilities/equipment for inspection in a timely manner. In conducting this inspection, the City reserves the right to disqualify a Bidding Contractor who does not, in the City's judgment, exhibit the sufficient physical and financial resources to perform the Contract. Failure to permit an inspection upon the City's initial request may be cause for disqualification. No notice is necessary to the Bidding Contractor. 12 B. BUSINESS HOURS The business office of the Contractor shall be located within the storage yard for which a towed vehicle is located and be open to serve the public and the City from 8:00 a.m. to 6:00 p.m., Monday through Friday, except for City observed holidays. City observed holidays are: New Years Day, Martin Luther King Jr.'s Day, Cesar Chavez Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the Friday immediately thereafter, Christmas Eve, and Christmas Day. C. CONTRACTOR'S EMPLOYEES All drivers must maintain a professional appearance. Staff shall work in a neat and clean uniform. The Contractor(s) shall furnish staff with a shirt or some other type of outerwear bearing the company name and logo. Appropriate clothing will be worn at all times including by employees that are being trained. All employees will conduct themselves in a professional manner when interacting with the public or City employees. Within ten (10) days of provisional award, the Contractor(s) shall provide the NCPD Traffic Division Sergeant with the names of all employees that will be assigned to the contract. Drivers and other employees associated with the processing and removal of vehicles shall be subject to a complete background investigation. The Contractor will notify NCPD Traffic Supervisor whenever an employee is terminated, or a new employee hired within ten (10) days and in writing. Contractor(s) shall ensure that all tow truck drivers responding to calls initiated by the City are properly licensed, qualified and competent employees. The Contractor(s) shall ensure all tow truck drivers are trained and proficient in the use of the tow truck and related equipment, including, but not limited to, the procedures necessary for the safe towing and recovery of ALL vehicles. All tow truck drivers shall possess the proper class license and certificates for towing vehicles, along with a Class 'A' endorsement to allow operation of special vehicle configurations and/or special cargos. Contractors' employees shall be qualified to perform all work undertaken by or assigned to them. In the event a driver or the equipment is inadequate and the Contractor is unable to service the request, a charge for service or labor will not be permitted. Operators shall have all tow truck drivers involved with NCPD's rotation tow operations participate in a controlled substance and alcohol testing (CSAT) program. 1) Drivers requiring a Class A, Class B, or commercial Class C license (endorsed for hazardous materials transportation) shall participate in a CSAT program as defined in the Code of Federal Regulations, Title 49, Parts 40 and 382. 13 2) Those drivers that are not required to possess a Class A, Class B, or commercial Class C license shall be enrolled in a CSAT program substantially similar to the requirements as outlined in Section 1) above. 3) The operator shall ensure selection pools for commercially and non - commercially licensed drivers are maintained separately. The operator shall provide proof records of their CSAT programs to NCPD. 4) A driver possessing a non-commercial driver's license who returns with a negative test result shall meet the same reinstatement requirements as a driver required to possess a commercial driver's license. D. STORAGE YARD There shall be a minimum of one (1) vehicle storage yard within ten (10) miles of the boundary of the City of National City with adequate storage capabilities for all vehicles retrieved from the City and requiring storage. The Contractor shall identify the exact location and size of any storage yards included in their proposal. The storage yard shall be approximately 10,000 sq. ft. and have space necessary to accommodate all Police Department tows and comply with all applicable Building Codes and Zoning Regulations (including but not limited to: Fire, Sign, Zoning, and Building Codes). There shall also be the following: 1. Be completely enclosed by an 8-foot high fence with a lockable gate. 2. Alarms and intrusion sensors that provide immediate notification capabilities at all times or similar devices or security measures. 3. Sufficient lighting to detect unauthorized entrance at night. The Contractor shall provide service to the public twenty-four (24) hours a day, seven (7) days a week so that an owner may pay towing and storage fees at the Storage Yard where their vehicle is stored and obtain its release. The Contractor is responsible for the reasonable care, custody, security, and control of any property contained in towed or stored vehicles. All items removed from a vehicle or left stored within the vehicle shall be released to the owner or agent of the impounded vehicle upon demand during normal business hours unless the vehicle is under law enforcement Hold. Vehicles may not be taken off -site of the Storage Yard, without the City's permission. E. TRUCKS The Contractor shall provide equipment capable of providing the following services: 14 1. Towing of large oversized vehicles; 2. Towing from off road areas; 3. Towing in underground garages; 4. Wheel lift towing; and 5. Rollback towing. All tow trucks shall meet the California Highway Patrol requirements relating to Tow Trucks and the Califomia Vehicle Code standards for design, equipment, and safety for the driver, operator, and public. Proof of certification by CI-1P must be submitted with the proposal. All tow trucks used by the Contractor(s) in performance of the Contract shall be equipped with a system that enables the driver of the tow truck to immediately communicate with the Contractor's dispatch center. F. TOWING The Contractor(s) shall tow all forfeited vehicles, as directed by the City. The Contractor(s) shall not drive the forfeited vehicles except to move them within the storage facility. Use of vehicles for personal or other than use as herein prescribed is strictly prohibited. G. RESPONSE TIME The Response Time for Towing Service shall not exceed twenty (20) minutes. Response Time is defined as the elapsed time between the dispatch of the tow service request by the City to the Contractor by the Dispatch Center and the arrival of the tow truck on scene. The Contractor is expected to dispatch any available tow truck immediately upon receipt of a towing request. The Contractor is expected to notify NCPD's Dispatch Center when the response time requirement cannot be met. The Police Communications Dispatcher or the officer at the scene will have the discretion to cancel the tow if the response time cannot or is not met and re -dispatch to a Secondary Tow Contractor, at no cost to City. Contractor(s) shall pay a five hundred dollar ($500.00) penalty, if more than five percent (5%) of the tows in any calendar month period exceed the maximum response time requirement per any single request by the City for emergency towing services. Failure to meet Response Time requirements may result in termination of this contract. 15 H. REFERRAL/FRANCHISE FEE The Contractor(s) shall make quarterly referral/franchise fee payments to the City, as permitted pursuant to Vehicle Code Section 12110. The quarterly referral fee payment amount shall be thirty thousand six hundred thirty dollars ($30,630.00, total $122,520), to be divided in equal shares between the designated Contractors. The referral fee is payable to the City on the fifteenth day of the calendar month following the end of each fiscal quarter. The designated referral fee payment shall be payable for the length of the contract subject to annual adjustments. No part of the referral fee payment shall be refunded or forgiven if this contract is terminated for any reason. The Referral Fee is payable to "City of National City." Payments shall be directed as follows: Operations Assistant National City Police Department 1200 National City Blvd. National City, CA 91950 (Payments to be identified as: Referral fee for the quarter of .) I. OTHER FEES The Contractor shall be responsible for collecting and paying to the City some pass - through fees authorized by state and local regulation (i.e. STOP and NVIR). These are fees paid by the vehicle's owner or their agents to the City, collected by the Contractor before release. Such fees collected by Contractor shall be due and payable to City no later than the fifth (52h) day of each month and the twentieth (20th) day of each month. Payments due on the fifth (5th) day of each month shall include and account for all vehicles released by Contractor between the sixteenth (16`h) day of the month, and the last day of the month, (inclusive). Payments due on the twentieth (20th) day of the month shall include and account for all vehicles released by Contractor between the first (1 S) day of the month and the fifteenth (15th) day of the month, (inclusive). Payments shall be directed as follows: Operations Assistant National City Police Department 1200 National City Blvd. National City, CA 91950 (Payments to be identified) 16 IV. PRICING SUBMITTAL The price proposal shall address all items identified below and incorporated in the attached Fee Schedule, along with any other charges. A. REFERRAL/FRANCHISE FEE 1. Fees Contractor(S) shall make quarterly designated Referral Fee payments to City for the right to provide towing and storage service to City. The Referral Fee payment amounts by the Contractor(s) shall be combined to be thirty thousand six hundred thirty dollars ($30,630.) per quarter, divided equally. 2. Referral Fee - Due Date The Referral Fee payment shall be due and payable no later than the fifteenth (15) day of the calendar month following the end of each quarter. 3. Referral Fee - Late Fec Any amount owed City beyond the due date shall accrue interest each day the amount due is not paid, at an annual rate equal to twelve (12%) percent per annum, or at the maximum rate permitted by applicable law, whichever is lower. B. TOWING CHARGES FOR CITY VEHICLES Contractor agrees not to charge City a fee for the towing of marked or unmarked City police vehicles within the jurisdictional limits of National City Contractor shall charge City 25% of the Basic Tow Fee for the towing of all other City vehicles within the jurisdictional limits of National City. Contractor agrees that the fees for towing all City vehicles occurring outside the jurisdictional limits of National City shall be resolved between the Contract Administrators but shall not exceed 25% of the basic tow fee. C. STORAGE FEES Daily storage fees for City vehicles, seized vehicles, and vehicles for evidentiary purposes. D. LIEN SALE FEES Any and all fees associated with the disposition of vehicles whether paid by City or public, as provided by law. 17 ATTACHMENT A (Bidding Contractor must provide a bid for the below Towing Fee Schedule. The City will evaluate submitted bids and determine an appropriate Towing Fee Schedule that will be applicable to each awarded contractor.) TOWING FEE SCHEDULE SERVICE FEE • BASIC TOWING Includes First Hour Hookup, Labor, Standby Time, for vehicles Under 9,500 GVW (unloaded). • MEDIUM SIZE - BASIC TOWING Includes first hour hookup, labor, standby time, for vehicles over 9,500 GVW but less than 22,000 GVW (unloaded). • LARGE SIZE - BASIC TOWING includes first hour hookup, labor, and standby time, for vehicles over 22,000 GVW (unloaded). • ON -SCENE or Stand-by labor = each 15-minute increment, beyond first hour. Is charged only when extra ordinary labor must be expended to recover a vehicle. Stand-by is charged when the job cannot be started and must be explained on the tow bill. • DOLLIES Will only be used when there is not a less expensive, safe manner of handling the situation. • DRY RUN may also be known as a "hook-up — drop fee" and is charged when the vehicle is hooked up and the owner returns before the vehicle is in transit. • PER MILE TOWING applies only to vehicles recovered outside the jurisdiction of the city of National City. • MAXIMUM STORAGE - PER DAY Per day is defined as a 24-hour period. • STORAGE PER HOUR Up to maximum of $20.00 per day, to be reviewed annually. • AFTER HOURS VEHICLE RELEASE After 5PM and before 8AM including weekends and all holidays. 18 • NOTIFICATION OF LIEN SALE Vehicle valued at less than $4.000, (22851.12 CVC). • NOTIFICATION OF LIEN SALE Vehicle valued at over $4,000. (22851.12 CVC). • POLICE EQUIPMENT TOWING Inside jurisdictional limits of National City. No Charge • CITY EQUIPMENT TOWING Includes all City vehicles. Also includes police vehicles towed from outside jurisdictional limits of National City. 25 CITY ADMINISTRATIVE FEE'S • NEGLIGENT VEHICLE IMPOUND RELEASE FEE $55.00 • SERIOUS TRAFFIC OFFENDER PROGRAM FEE $150.00 19 ATTACHMENT B BIDDING CONTRACTOR'S REFERENCES The Bidding Contractor is required to provide a minimum of five (5) references where work of a similar size and nature was performed within the past three (3) years. This will enable the City of National City to judge the responsibility, experience, skill, and business standing of the Bidding Contractor. REFERENCES Company Name: Contact Name: Address: Phone Number: Fax Number: Dollar Value of Contract: $ Contract Dates: Requirements of Contract: Company Name: Contact Name: Address: Phone Number: Fax Number: Dollar Value of Contract: $ Contract Dates: Requirements of Contract: Company Name: Contact Name: Address: Phone Number: Fax Number: Dollar Value of Contract: $ Contract Dates: Requirements of Contract: 20 BIDDING CONTRACTOR'S REFERENCES (cont) Company Name: Contact Name: Address: Phone Number: Fax Number: Dollar Value of Contract: $ Contract Dates: Requirements of Contract: Company Name: Contact Name: Address: Phone Number: Fax Number: Dollar Value of Contract: $ Contract Dates: Requirements of Contract: 21 ATTACHMENT C BIDDING CONTRACTOR'S STATEMENT OF SUBCONTRACTORS The Bidding Contractor is required to state below all subcontractors to be used in the performance of the proposed contract, and what portion of work will be assigned to each Subcontractor. Failure to provide details of Subcontractors may be grounds for rejection of bid. NOTE: Add additional pages if necessary. Company Name: Contact Name: Address: Phone Number: Fax Number: Dollar amount of sub -contract: $ Contract Dates: Contractor's License #: Requirements of contract: What portion of work will be assigned to this subcontractor: Company Name: Contact Name: Address: Phone Number: Fax Number: Dollar amount of sub -contract: $ Contract Dates: Contractor's License #: Requirements of contract: What portion of work will be assigned to this subcontractor: Company Name: Contact Name: Address: Phone Number: Fax Number: Dollar amount of sub -contract: $ Contract Dates: Contractor's License #: Requirements of contract: What portion of work will be assigned to this subcontractor: 22 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 3, 2011 AGENDA ITEM NO. 23 TEM TITLE: Request from Sweetwater High School to use Martin Luther King Jr. Community Center (north room) for their Senior Scholarship Assembly on Wed. May 25, 2011 from 4p-9p. Applicant anticipates approximately 150 attendees, and the event is open to the public. Applicant is requesting a fee waiver. PREPARED BY: Brenda E. Hodges PHONE: X4290 EXPLANATION: Fees for this event are: Facility Rental: $146.60 Use Fee: $50.00 Custodial: $88.00 CSD Staff: $11.00 Chairs: $150.00 Tables: $10.00 $418.10 Plus they will need to submit a $100 cleaning deposit, DEPARTMENT: CO W1M(/N 1r-i C- S APPROVED BY: •-ead-Oe� its request is consistent with Policy 803 governing the use of MLK. FINANCIAL STATEMENT: ACCOUNT NO. n/a ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Authorize use/fees as stated above, with no waiver of fees. BOARD I COMMISSION RECOMMENDATION: n/a ATTACHMENTS: )plication and insurance documents City of National City Facility Use Application Rev.1/25/ 11 140 E. 12th Street, Ste. B National City, CA 91950 (619)336-4290 Fax (619)336-4292 After hours dispatch: (619)336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of City Facility attend The City Council meeting when the item is scheduled for consideration in order to answer any questions from The City Council Facility Requested: please circle King Jr. Building South Room Entire Facility MAH 08 O .1 a9 i�ns f. !`` 7r�11` - _ Date(s) of Use: 25 MAY 2011 Day(s) of Use: 25 MAY 2011 rime of Use: From: 4-00 AM 9:00 AM - INCLUDE SET-UP & CLEAN UP TIME Type of Function/Activity: St7Hi SENIOR SCHOLARSHIP ASSEMBLY Is the event open to the public? YES Name & Address of Organization/Gmup: SWEETWATER HIGH SCHOOL Non- profit organization No . Tax ID # 95-000-3082 Anticipated Maximum Attendance: lso Percentage of Rational City Residents �90% 1V Will this he a Fund Raising Event? O Equipment Requested: 150 it of chairs 10 # of banquet tables YES Stage Will Admission be charged? NO Amount $ YESPodium/Microphone '**PLEASE ATTACH SF.ATING D1AGR1M Audio & Visual Ec(uipment.Required? (Please Specify) • Use of Kitchen: Yes YNo Is the Use of Alcohol Requested? Will other paid services be used (1. e, commercial caterer, DJ, Band; ete)? Use of Gas for Range and Oven: Yes Name:. - Phone: How many times in the last. twelve months have you requested to use a City Facility? 0 It is expressly understood and agreed that the applicant assumes all risk for loss, damage, Liability. injury. cost or expense that may arise during or be caused in any way by such use or occupancy of the facilities of the City of National City and/or Community Services Department. The applicant further agrees that in considerations of being permitted the use of the facilities agreed to, they will save and hold harmless the said City of National City, its officers, agents, employees and volunteers from any Toss, claims, and liability damages, and/or injuries to persons and property that in any way may be caused by applicant's use or occupancy. I, the undersigned, hereby certify to abide by the regulations governing said facility and agree to abide by all City of National City ordinances and facility rules and policies, and be representative of the user organizations. Further. I agree to be personally responsible for any damage/loss sustained by the ground, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Application recognizes and understands that use of the City's facility may create a possessory interest subject to- property taxation and that applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to sections 107 and 107.6 of the revenue and taxation code against applicant's possessory interest in the City"s facility. - 1 CERTIFY' THAT I HAVE RECEIVED A COPY OF THE RULES AND REGIiIA J IONS FOR THE FACILITY REQUESTED, AND I AGREE FOR NW ORGANIZATION/ CROUP T() CONFORM TO ALL OF ITS PROVISION. DATE COMPLETED: 07 MARCH 2011 PRINT NAME: S E L Gt► ES SIGNATURE ADDRESS OF APP T: 2900 HIGHLAND AVENUE CITY, STATE, ANY. _I P CODE: NATIONAL CITY, CA 91950 PHONE DAY 619.250.5904 FAX NUMBER: 619.342.1645 CONTACT PERSON ON TIIE DAY OF TH IE EVENT: SAM GONZALES PHONE: (610 2no 5904 CELL: (6t9) 250-5904 HAVE YOUR COPY OF APPLICATION IN POSSESION DURING USE Please type or print clearly with a Ballpoint pen. Complete application must he submitted and payment submitted in advanced of the event. Community Suzaccs Staff Oily - Rental Amount Received Receipt Numher' Deposit .Amount: Deposit/ kc Returned. Check Imes issued- YES NO 2_ CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Person 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 include the city, its officials, agents and employees named as additional insured and to sign the hold harmless agreement. Certificate of Insurance must be attached to this permit. Organization: SWEETWATER HIGH SCHOOL Person in charge of activity: DAVID MITROVICH Address: 2900 HIGHLAND AVENUE, NATIONAL CITY, CA 91950 Telephone: (619)250.5904 E-Mail: SAM GONZALES@SWEETWATERSCHOOLS.oxc City Facilities and/ or property requested: MLIC CENTER Date(s) of use: 25 MAY 2011 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 defendx indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any; -personal injury, death, or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out or related to the use of public property or the activity taken under the permit by the permit or its agents, employees or contractors. 07 MAR. 2011 Signatu o . ppl icant Date Certificate of Insurance Approved by Name and Title Safety/ Security Please describe your procedures for crowd control and internal security: SCHOOL ADMINISTRATORS AS WELL AS SCHOOL CAMPUS SECURITY WILL BE ON DUTY TO WORK CROWD CONTROL AND SEATING. YES NO Have you hired any Professional Security organization to handle Security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: Monitoring Alcohol Consumption Please describe your producers for monitoring alcohol consumption: ALCOHOL CONSUMPTION WILL NOT BE TOLERATED Organization must designate a person to ensure that alcohol is being served to persons 21 years of age or older. The designated alcohol server must also be 21 years of age or older. Name: Contact phone number the day of event: YES NO Have you hired any Professional Security organization aniz_ation to handle Security arrangements for this event? if YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: Client#: 12651134 303SWEETUNI ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/OD/YYYY) 06/21/2010 PRODUCER BB&T Insurance Svcs of CA,Inc. 750 B Street, Suite 2400 San Diego, CA 92101 800 421-6744 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED San Diego County Schools/JPA Sweetwater Union H.S. District 1130 Fifth Avenue Chula Vista, CA 91911 INSURER A. San Diego County Schools Risk INSURER e: Permissively Self -Insured INSURER C. AWAC/CRC* 10690 INSURER D Endurance/CRC* 41718 INSURER E- Continental/Gr.Am/*CRC 20443 ..vvcrcnvca THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WI IICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMM/DDT'1 POLICY EXPIRATION DATE IMMIDOIYY) LIMITS TNSREI A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY *Per MOC on file 07/01/10 07/01/11 EACH OCCURRENCE $5,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ CLAIMS MADE X OCCUR PERSONAL & AOV INJURY $ X 4500,000 S.I.R. GENERALAGGREGATE $10,000,000 PRODUCTS - COMP/OP AGG $10,000,000 GENII AGGREGATE POLICY r LIMIT APPLIES PER: JET n LOC . A AUTOMOBILE X X X X LIABILITY ANY AUIO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS $500,000 S.I.R. *Per MOC on file 07/01/10 07/01/11 COMBINED SINGLE LIMIT (Ea accident) $5,9UO,DDO BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY.AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY-. AGG $ EXCESS/UMBRELLA OCCUR DEDUCTIB! F RETENTION LIABILITY $ CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ $ $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? SPECIALIf yes, POr PROVISIONS below JPA MEMORANDUM OF COVERAGE 60 Days Notice of Cancellation 07101/10 07/01/11 WCSTTU- AITS OTH- FR E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 C D E OTHER Blanket Prop Blanket Prop Blanket Prop 030567751N CPN10002136200 RMP2083564156 07/01/10 07/01/10 07/01/10 07/01/11 07/01/11 07/01/11 $5,000,000/$175,000 SIR $20,000,000 XS $5M $225,000,000 XS $25M DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *Issued CRC permission. Property policy inct Special Form/Rep acement Cost. Certificate is subject to policy limits, conditions and exclusions. *MOC Memorandum of Coverage -Approved Self Insurance Program reinsured by Munich Reinsurance America Inc. Re: Use of premises. City of National City, its officials, agents and (See Attached Descriptions) CERTIFICATE HOLDER City of National City Parks & Recreation Dept. 140 E 12th Street National City, CA 91950 CANCELLATION 10 Days for Non-Paymen SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _ go DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE .111 alda CGS►.► �cllar�t8--f ACORD 25 (2001/08) 1 of 3 #S51656671M5165597 TTCAR © ACORD CORPORATION 1988 • 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). DISCLAIMER 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 ACORD 25-S (2001108) 2 of 3 #S51656671M5165597 DESCRIPTIONS (Continued from Page 1 employees are additional insureds (general liability policy) per the attached form. AMS 25.3 (2001/08) 3 of 3 #S5165667/M5165597 SAN DIEGO COUNTY SCHOOLS RISK MANAGEMENT JOINT POWERS AUTHORITY (SDJPA) Additional Insured Endorsement WHO IS A COVERED MEMBER (Per section 11 item 3 of the MOC — Memorandum of Coverage) Any person(s), entity(ies), or organization(s) you are required by a covered member contract to include as an additional insured solely with respect to bodily injury and property damage and arising out of: a. Premises leased, used or occupied by you: b. Automobiles leased or rented by you; c. Equipment owned, leased or rented by you; d. Mortgagees and Loss Payees of a Covered Member; or e. Property owners and property managers of property owned, leased, rented or occupied by you However, the additional insured status and coverage does not apply to: (1) Any occurrence which takes place prior to or after you cease to occupy the premises as stated in the covered contract; (2) Any structural alteration, new construction or demolition operations performed by or on behalf of the additional insured; (3) Any wrongful act, employment practices wrongful act or employee benefit wrongful act. This coverage will be further limited to the extent and Limits of Liability required by the covered member contract and will not increase the limits stated in SECTION III-LIMIT(S) OF COVERAGE nor alter any of the terms of coverage stated in this MOC. The covered member contract must be effective and executed prior to a covered occurrence. San Diego County Schools Risk Management Joint Powers Authority. #SDJPA0070110 July 1, 2010 to July 1; 2011. MOC Effective 7.1.10 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 3, 2011 AGENDA ITEM NO. 24 rEM TITLE: Request from SANDAG to use Martin Luther King Jr. Community Center (north room) for a Public Hearing/Workshop regarding their 2050 Regional Transportation Plan on Monday June 13, 2011 from 2:00pm-9:OOpm. Applicant anticipates approximately 150-200 attendees, and the event is open to the public. Applicant is requesting a fee waiver. PREPARED BY: Brenda E. Hodges PHONE: X4290 EXPLANATION: Fees for this event are: Facility Rental: Use Fee: Custodial: CSD Staff: Chairs: Tables: This request is >te: Proof of $205.24 $50.00 $88.00 $22.00 $162.00 $19.00 $546.24 (Plus a $100 cleaning deposit) DEPARTMENT: Community Services APPROVED BY: 'L F ! consistent with Policy 803 governing the use of MLK. insurance and Al endorsement had NOT yet been received at time A200 was prepared FINANCIAL STATEMENT: ACCOUNT NO. n/a ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Authorize request (pending receipt of insurance and Al endorsement), with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: Iplication and letter City of National City Facility Use Application Rev.1125/1 I 140 E. I2th Street, Ste. B National City, CA 91950 (619)336-4290 Fax (619)336-4292 After hours dispatch: (619)336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of City Facility attend The City Council meeting when the item is scheduled for consideration in order to answer any questions from The City Council Facility Requested: please circle King Jr. Building South Room Date(s) of Use: Me.,‘ \3 20 1 j Day(s) of Use: _On� Time of Use: From: AM/ M ) To: A +/PM INCLUDE SET-UP & CLEAN UP TIME aO i V'a v-s e -% Plan Type of Function/Activity: .:1ot;c 1mn Is the event open to the public? 61 Name & Address of Organization/Group: ItN3t 3 6t Sup O 5w.v, bieec CA gZiOF Non- profit organization: Yes Anticipated Maximum Attendance: 150 No ; Tax ID # Percentage of National City Residents t'"z re % rl Will Admission be charged? i\,10 Amount $ Will this be a Fund Raising Event? 1.3, Equipment Requested: oZ) 3 'tic cs, # of chairs 1- - . # of banquet tables / Stage rsx.t `�� Podium/Microphone **PLEASE ATTACH SEATING DIAGRAI 11 ,ur4 u(►r 4, -iv+ Gt- .1 Audio & Visual Equipment Required? (Please Specify) Use of Kitchen: Yes X No Use of Gas for Range and Oven: Yes x No Is the Use of Alcohol Requested? (qa Will other paid services be used (I. e, commercial caterer, DJ, Band, etc)? Yes X No ne: Phone: Name: Phone: 24LcS.vok cte4 wctiVe_� How many times in the last twelve months have you requested to use a City Facility? Njktle— It is expressly understood and agreed that the applicant assumes all risk for loss, damage, Liability, injury, cost or expense that may arise during or be caused in any way by such use or occupancy of the facilities of the City of National City and/or Community Services Department. 'Hie applicant further agrees that in considerations of being permitted the use of the facilities agreed to, they will save and hold harmless the said City of National City, its officers, agents, employees and volunteers from any loss, claims, and liability damages, and/or injuries to persons and property that in any way may be caused by applicant's use or occupancy. I, the undersigned, hereby certify to abide by the regulations governing said facility and agree to abide by all City of National City ordinances and facility rules and policies, and be representative of the user organizations. Further, I agree to be personally responsible for any damage/loss sustained by the ground, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Application recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to sections 107 and 107.6 of the revenue and taxation code against applicant's possessory interest in the City's facility. 1 CERTIFY THAT 1 HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/ GROUP TO CONFORM TO ALL OF ITS PROVISION. DATE COMPLETED: (II I g 1 1 1 PRINT NAME: C�ILP2r� ln3yrtelior �o�vw`rv.tn�io'�^��iYP'r SIGNATURE: ADDRESS OF APPLICANT: 401 B S..i P. S-00 CITY, SLATE, AND ZIP CODE: �ipc,r MCA 92 in.1 PHONE: DAY(t,tl)-lciloc FAX NUMBER: tto i') coq9 - 1°I CS CONTACT PERSON ON THE DAY OF THE EVENT: '<O,rirrt `JAs )DING PHONE:04) 59c-Si.oto CELL: wi)7-7 -0 33 HAVE YOUR COPY OF APPLICATION IN POSSESION DURING USE Please type or print clearly with a Ballpoint pen. Complete application must be submitted and payment submitted in advanced of the event. Rental Amount Received: Deposit Amount. Check Community Services Staff Only - Receipt Number: Deposit/ Key Returned: Key issued: YES NO CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Person requesting use of City property, facilities or personnel arc required to provide a minimum of S1,000,000 combined single limit insurance for bodily injury and property damage which include the city, its officials, agents and employees named as additional insured and to sign the hold harmless agreement. Certificate of Insurance must be attached to this permit. Organization: SPrr,kiirt(, 9,, Piscoctctin o rDnvifAr 1Y�ev1 Person in charge of activity: getv „n'RD5c S iocjI(b4 br, fLtsf Address: k }� 4�Ce� 4,- �cs art..�i e c 92-ioI Telephone: (, t i) S`l S - 5t , 1 C7 E-Mail: k r-os e Sc< r 4et o tr City Facilities and/ or property requested: 1Y4,, - , �,�{j�r ;r jr. 13, Sd r - Lrrhrtc11 Date(s) of use: HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities On public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death, or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out or related to the use of public property or the activity taken under the permit by the permit or its agents, employees or c6/92ractors. Signature of applicant 1i(Il' Date Certificate of Insurance Approved by Name and Title Safety/ Security Please describe your procedures for crowd control and internal security: SPr& I\ ve c_tA±s-k - ih - zlhie , as cuR_I n S �r¢ ski r w�4 it ck E -tit-e..4•1* 4 asw:ctrAL\._ c-c-ov, C414-N--ral • YES X NO Have you hired any Professional Security organization to handle Security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: Monitoring Alcohol Consumption Please describe your producers for monitoring alcohol consumption: Organization must designate a person to ensure that alcohol is being served to persons 21 years of age or oldefr. The designated alcohol server must also be 21 years of age or older. Name: Contact phone number the day of event: YES NO Have you hired any Professional Security organization to handle Security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: 407 8 Street, Suite 800 San Diego, CA 92101-4237 (619) 699-1900 Fax (619) 699-1905 www sandag. orq MEMBER AGENCIES Cities of Carlsbad Chula Vista Coronado Del Mar El Cajon Encinitas Escondido imperial Beach La Mesa Lemon Grove National City Oceanside Poway San Diego San Marcos Santee Solana Beach Vista and Coo my of San Diego ADVISORY MEMBERS imperial County California Department of Transportation Metropolitan Iransrt System North County Transit District • United States Department of Defense San Diego Unified Port District San Diego County WaterAuthority Southern California nbal Chairmen's Association Mexico April 18, 2011 Ms. Brenda Hodges Community Services Director National City Community Services Department 140 East 12th Street, Suite B National City, CA 91950 Dear Ms. Hodges: SUBJECT: 2050 RTP Public Workshop/Public Hearing & Waiver of Fees Where will we all live and work in the decades to come? What will be the best way for us to get around? How do we preserve our open spaces? And how do we address these issues in a way that reduces greenhouse gas emissions while strengthening the economy? These are some of the questions being addressed as part of the public involvement and outreach effort for the 2050 Regional Transportation Plan (RTP). The San Diego Association of Governments (SANDAG) is charged with planning, developing, and implementing the 2050 RTP for the benefit of all county residents. National City Mayor Ron Morrison sits on the SANDAG Board of Directors that oversees this effort. It is vital that we reach out to our community members to create awareness of the RTP and to receive their participation and input. SANDAG is hosting five public workshops/public hearings in key locations throughout the region. We would like to host the South County public workshop/public hearing at the Martin Luther King Jr. building from 2 to 9 p.m. on June 13, 2011. The actual public workshop/hearing is scheduled from 4 to 8 p.m. We anticipate more than 150 residents of National City and neighboring cities will attend the event. As this public workshop/public hearing is of general interest and serves the public good, SANDAG respectfully requests a waiver of any fees for the Martin Luther King Jr. facility rental and/or related costs. We appreciate your consideration and assistance with this endeavor. COLLEEN WINDSOR Communications Director CWI/KROS/hob Attachment: Rental Application 401 B Street, Suite 800 San Diego, CA 92101-4231 (619) 699-1900 Fax (619) 699-1905 www.sandag.org MEMBER AGENCIES cities of Carlsbad Chula Vista Coronado Del Mar El Cajon Encinitas Escondido Imperial Beach La Mesa Lemon Grove National City Oceanside Poway San Diego San Marcos Santee Solana Reach Vista and County of San Diego ADVISORY MEMBERS Imperial County California Department of Transportation Metropolitan Transit System North County ianaat D,stect United States Department of Defense San Diego Unified Port District San Diego County Water Authority Southern California ribal Chairmen's Association Mexico April 18, 2011 File Number 3100500 City of National City 140 E. 12th Street, Suite B National City, CA 91950 To Whom It May Concern: SUBJECT: Proof of Liability Insurance for use of the City of National City's Martin Luther King Jr. Building for the San Diego Association of Governments (SANDAG) Public Workshop and Public Hearing on the 2050 Regional Transportation Plan. This letter serves to confirm that SANDAG, is self -insured for general liability (which includes property damage) coverage up to $1,000,000 per occurrence. Please accept this letter as our confirmation of self-insurance for the purposes of your insurance requirements and also the inclusion of the following additional insured's under our self -insured coverage: • City of National City, its officers, agents, and employees If there is any damage or loss, please contact me to report the incident and receive claims filing instructions. Also, if you have any questions or need further information, feel free to call me at (619) 699-1938. Sincerely, SUSAN PAEZ Business Services Manager SPA/YPE/hob CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 3, 2011 AGENDA ITEM NO. 25 M TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for the sale of beer and wine at a proposed convenience store at 151 North Highland Avenue. (Applicant 7-Eleven) (Case File 2011-08 CUP) Nl� PREPARED BY: Martin Reeder PHONE: 336-4313 EXPLANATION: DEPARTMENT: D APPROV D cs/Planning. The applicant is proposing to offer beer and wine for sale for off -site consumption at the proposed convenience store. The store would be open 24 hours a day but proposes alcohol sales hours of 6:00 a.m. to 2:00 a.m., the maximum allowed by the state. 90% of all alcohol products would be stored in four coolers in the rear corner of the store that would be locked after sales hours. Larger items (e.g., cases of beer) would be located on shelves near the coolers. Planning Commission conducted a public hearing on April 18, 2011. No concerns were noted from area residents. Commissioners asked questions regarding conditions of approval and Police Department concerns. PD indicated that 7-Eleven was a responsible business partner and that there were minimal concerns. The applicant requested amended language to condition no. 8, related to required employee training, to allow for 7-Eleven corporate training, with the approval of PD and/or state Alcoholic Beverage Control. There was also discussion of recent Council direction regarding 3-pack sales of beer. The Commission voted to approve the CUP based on required findings and subject to conditions of approval, with changes to conditions to reflect required employee training (no. 8) and to allow " "-pack sales in the future if Council permits such sales (no. 10). FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, Flores, Pruitt Nays: Reynolds Absent: Farias, DeLaPaz ATTACHMENTS: Location Map _. Planning Commission Staff Report 3. Resolution No. 11-2011 4. Reduced Plans CO D ta) I W _ RS-2 E 1st St Q i 16 28 34 sz D cn Subject Parcel — — — Zone Boundary (• I'_ / / I i• � / / l 31 Division St - -I CO co Co N i W CO O 1 n CO CO I I eAl CICOCO(.0 C.0 CO W W - O —u N ;CO W CI - .Melrose St 1- 00 CO CO O N I RS-2 T I I , RS-3,-PD ; 1 E 1st St (f I I Feet 0 87.5 175 350 APN: 551-570-20 Planning Commission Location Map 2011-08 CUP 1 4-6 11 Title: Item no. 7 April 18, 2011 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT PUBLIC HEARING — CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT A PROPOSED CONVENIENCE STORE AT 151 NORTH HIGHLAND AVENUE. Case File No.: 2011-08 CUP Location: East side of Highland Ave. north of Division Street Assessor's Parcel No: 551-570-20 Staff report by: Martin Reeder Applicant: 7-Eleven Property owner: ENS Management, LLC Combined General Plan/ CG (General Commercial) Zoning designation: Adjacent land use/zoning: North: Park Villas Apartment / RM-2-PD East: Multi -family and mobile home residential / CG & RMH South: Commercial use / CG West: Residential use / City of San Diego Environmental review: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) 2 BACKGROUND Site Characteristics The project site is a commercial suite located within the Highland View Towne Center at the northeast corner of Division Street and Highland Avenue. The suite is 2,940 square feet and was formerly occupied by the Siete Dias Market. The suite has recently been remodeled after a fire. History The former Siete Dias market had a Conditional Use Permit for the sale of beer and wine. The CUP was approved in 2003 and had a two-year sunset clause. The CUP has since expired and has not been extended or modified. According to the Police Department, there were no alcohol -related calls for service between 2003 and 2005. Proposed Use The applicant is proposing to offer beer and wine for sale for off -site consumption as part of a proposed convenience store (7-Eleven). The store would be open 24 hours a day and seven days a week but would be, at a minimum, restricted to alcohol sales hours of 6:00 a.m. to 2:00 a.m. by the state. The applicant is requesting sales hours consistent with state requirements. Alcohol sales are expected to be approximately 15% of total store sales. Per the attached floor plan (Exhibit B), beer and wine will be stored in the last four of eleven reach -in coolers along the southern wall of the store (farthest from the sales counter). Each cooler will have four shelves. A warm wine & beer display is proposed on shelves nearby the coolers in the rear of the store. According to the applicant, approximately 90% of all beer and wine products would be stored within the four rearmost coolers. Coolers containing alcohol products will be locked after sales hours. Based on information provided by the applicant, 7-Eleven has a rigorous training program for sales employees including the following: • "Come of Age" training — Includes online training modules for employees. It addresses verification of I.D. cards and identifying impaired customers. • Secret Shopper program — Approved third party contractors visit stores randomly to confirm that all company policies are being followed. • Security & video surveillance — The store will be equipped with a complete security & video surveillance system to monitor all activities and can be tied into the local police services. With respect to the prior CUP for this location, 7-Eleven is agreeable to the same conditions with the exception of the change in alcohol sales hours requested by the current proposal. The applicant has also offered to have a condition requiring cooler door locks, consistent with Police Department recommendations (see discussion below). 3 Analysis Alcohol /Community Meeting Chapter 18.71 of the National City Land Use Code allows for on -site alcohol sales with an approved Conditional Use Permit (CUP). Pursuant to Section 18.71.030, a community meeting was held Monday, March 21, 2011 at 6:00 p.m. at the Martin Luther King Community Center. The applicant states that all property owners and occupants within 660 feet of the store were notified by mail of the meeting. A sign -in sheet and meeting minutes are attached. According to the sign -in sheet, one person attended the meeting. The attendee was a nearby market owner — Diamond Dot Market on South 43rd Street in San Diego — and had concerns over competition and customer loss due to the new market. Alcohol Sales Concentration/Location Per Califomia State Alcoholic Beverage Control (ABC), there are currently two off -sale permits issued in this census tract (118.01). These permits are: • Rodeo's Meat Market — 422 Highland Ave. • La Casa Liquor — 228 Highland Ave. Census tract 118.01 includes the area of the City between Division and East 8th Streets and between National City Blvd. and Highland Avenue. The attached census tract map shows the location of the subject tract. ABC recommends a total of three off -sale alcohol permits be issued in this census tract, where two exist. Chapter 18.71.040 (A) applies with regard to distance from schools and other off -sale establishments. The Code requires that these establishments maintain a minimum distance of 660 feet from schools and 500 feet from each other. In this case, there is no school within 660 feet and the nearest off -sale outlet (La Casa Liquor) is more than 1,300 feet away. Police Department comments Crime statistics provided by PD indicate that the reporting area (Beat 20) had a 2009 crime rate of 99.7%, below the 120% considered to be a high crime area. The Police Department has objected to the issuance of a Conditional Use Permit for on -sale alcohol at this location. In their comments, PD states that there are currently 100 alcohol licenses issued in National City, or roughly 11.7 outlets per square mile_ Furthermore, it was stated that until the Police Department had the budget to deploy a dedicated unit to regulate these alcohol establishments, a moratorium on new alcohol CUPs should be considered. PD also quoted the number of ABC permits issued to establishments within a half -mile of the project location as a factor for objection. There are six such businesses, all but two of which are in the City. This number includes both on and off -sale licenses. 4 PD further stated that if the Planning Commission were to approve this CUP, that a Condition of Approval be added requiring that coolers containing alcohol products be locked after sales hours. A condition has been included in this regard (No. 18). Institute for Public Strategies comments As of the writing of this report, no comments were received from the Institute for Public Strategies (IPS). Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as conditions specific to off -sale alcohol sales (no single cans of beer, no alcohol consumption on the premises, sales hours and server/cashier training, etc). In February of this year Planning Commission reviewed a report on the City Council's recent evaluation of allowing less than six pack quantities of beer to be sold_ After review the Commission recommended that the Council strengthen the existing informal policy on less than six pack sales. At the subsequent Council discussion on the matter Council referred the matter back to staff to incorporate language permitting three packs of 24 oz beer cans as both an informal and formal policy, including an explanation of impacts for each. At this time, this report is stilt under preparation and has not been taken back to Council for review or approval. As no action has yet been taken, the current informal policy prohibiting sales of beer in Tess than six pack quantities is still presumed in effect. As such, Conditions of Approval still reflect the original language (condition no. 10). The Commission has the option of changing this condition to less than three pack, in line with the direction Council is moving in. If the Commission deems it appropriate, a recommendation to incorporate the three pack language could be forwarded to Council should the policy be changed, whether it is a formal or informal policy. The applicant has stated that they would like to take advantage of the same condition should Council approve the new language. The approval options would be as follows: 1. Approve the CUP with condition no. 10 as is (no sales in less than 6-pack) 2. Approve the CUP with a changed condition no. 10 (no sales in less than 3-pack) Summary The sale of alcohol for off -site consumption at a proposed 7-11 will contribute to the viability of a convenience store, a permitted use within the General Commercial zone. Conditions of Approval for the sale of alcohol are intended to reduce the potential for adverse effects on area uses. Furthermore, a market previously operating at this location sold alcohol without apparent incident for two years. However, limited Police resources would make it difficult to ensure compliance with the increasing number of alcohol licenses citywide_ 5 RECOMMENDATION Approve 2011-08 CUP subject to the conditions listed below, based on attached findings. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions 3. Location Map 4. Census Tract Map and Police Beat Map 5. Community Meeting Information (Notice, minutes and sign -in sheet) 6. Notice of Exemption 7. Public Hearing Notice (Sent to 144 property owners and occupants) 8. Site photos 9. Police Department Comments 10. Applicant's Plans (Exhibit A, case file no. 2011-08 CUP, dated 2/18/2011) MARTIN REEDER Assistant Planner MARYAM BABAKI Development Services Director 6 RECOMMENDED FINDINGS FOR APPROVAL 2011-08 CUP, 151 North Highland Ave. 1 _ That the site for the proposed use is adequate in size and shape, since the proposed use is an accessory use to an existing convenience store use in an existing commercial area and the sale of beer and wine is not expected to increase the demand for parking on the property. 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 Highland Avenue and Division Street are classified as arterial streets in the Circulation Element, and the addition of alcohol sales is not expected to result in an appreciable increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use will be compatible with other nearby businesses; and since the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of a convenience store, an established and allowed use in the applicable commercial zone. 5_ That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 7 RECOMMENDED CONDITIONS OF APPROVAL 2011-08 CUP, 151 North Highland Ave. General 1. This Conditional Use Permit authorizes the off -sale of beer and wine from a convenience store located at 151 North Highland Ave. Plans submitted for permits associated with this project shall conform with Exhibits A and B, Case File No. 2011-08 CUP, dated 2/18/2011. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the Califomia Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. 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. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 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 Division, 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 Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. Planning 7. The sale of alcoholic beverages shall be limited to between the hours of 6:00 a.m. and 2:00 a.m. seven days a week. 8. All persons who will be selling alcoholic beverages shall receive L.E.A.D. (Licensee Education on Alcohol and Drugs) training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control or Responsible Hospitality Coalition. Training shall include a component addressing domestic violence. 9. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 10. No beer and malt beverage products shall be sold of less than six-pack quantities per sale. There shall be no sale of single cans or bottles. 8 11. No sale of wine or distilled spirits shall be sold in containers of less than 750 milliliters, except for wine coolers. Wine coolers may be sold only by four -pack or other manufacturer's pre -packaged multi -unit quantities. 12. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 13. Permittee shall post signs on the exterior building walls facing a parking lot in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Division, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 18 by 24 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed_" 14. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 15. All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 16. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 17_ The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit B, Case File No. 2011-08 CUP, dated 2/18/2011. 18. Coolers containing alcohol products shall be locked and made inaccessible to the public between the hours of 2:00 a.m. and 6:00 p.m. 19. Containers of beer and wine may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 20. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. There shall be no excessive advertising and/or marketing that targets youth or holidays. 21. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. Police 22. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. 9 RESOLUTION NO. 11-2011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT A PROPOSED CONVENIENCE STORE AT 151 NORTH HIGHLAND AVENUE. CASE FILE NO. 2011-08 CUP APN: 551-570-20 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the sale of beer and wine at a proposed convenience store at 151 North Highland Avenue at duly advertised public hearing held on April 18, 2011, 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. 2011-08 CUP 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 18, 2011, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed use is an accessory use to an existing convenience store use in an existing commercial area and the sale of beer and wine is not expected to increase the demand for parking on the property. 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 Highland Avenue and Division Street are classified as arterial streets in the Circulation Element, and the addition of alcohol sales is not expected to result in an appreciable increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use will be compatible with other nearby businesses; and since the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of a convenience store, an established and allowed use in the applicable commercial zone. 10 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the off -sale of beer and wine from a convenience store located at 151 North Highland Ave. Plans submitted for permits associated with this project shall conform with Exhibits A and B, Case File No. 2011- 08 CUP, dated 2/18/2011. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. 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. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 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 Division, 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 Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. Planning 7. The sale of alcoholic beverages shall be limited to between the hours of 6:00 a.m. and 2:00 a.m. seven days a week. 8. All persons who will be selling alcoholic beverages shall receive L.E.A.D. (Licensee Education on Alcohol and Drugs) training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control, Responsible Hospitality Coalition or other training approved by the Department of Alcoholic Beverage Control or the 11 Police Department. Permittee shall make available domestic violence training provided by the Institute of Public Strategies. 9. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 10. No beer and malt beverage products shall be sold of less than six-pack quantities per sale. There shall be no sale of single cans or bottles. Sales of three packs of 24 oz beer cans will be permitted at such time as the City Council enacts a policy permitting such sales. 11. No sale of wine or distilled spirits shall be sold in containers of less than 750 milliliters, except for wine coolers. Wine coolers may be sold only by four -pack or other manufacturer's pre -packaged multi -unit quantities. 12. The sale of wine with an alcoholic content greater than 15% by volume is prohibited_ 13. Permittee shall post signs on the exterior building walls facing a parking lot in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Division, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be Tess than 18 by 24 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 14. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking Tots and outbuildings and any property or adjacent property under the control of the applicant. 15.AII cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 16. Ice may be sold only at or about prevailing prices in the area and in quantities of not Tess than three pounds per sale. Ice shall not be provided free of charge. 17. The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit B, Case File No. 2011-08 CUP, dated 2/18/2011. 18. Coolers containing alcohol products shall be locked and made inaccessible to the public between the hours of 2:00 a.m. and 6:00 p.m. 19. Containers of beer and wine may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 20. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. There shall be no excessive advertising and/or marketing that targets youth or holidays. 21. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no Tess frequently than on a 12 quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. Police 22. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. 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 18, 2011, by the following vote: AYES: Alvarado, Baca, Pruitt, Flores NAYS: Reynolds ABSENT: DeLaPaz, Farias ABSTAIN: 13 OFFICE ,m :a Liar! ALIA MERCHANDISE Poisihie areas for warm display, heerlwin:e {3-S ft max) " COOLER Li ( 126088 - NATIONAL CITY, CA - EQUIPMENT LAYOUT rim Cc P 4 doors max or beer "- wine. Last door will, have 2-3 shelves of cold LAYOUT !!4FORMAT1ON ROLLER GRILLS 2 SANDWICH CASE CID VAULT DOORS 12 LOW TEMP DOORS 2 ICE MERCHANDISER 2 DR NOVELTY CASE 1 BAKERY CASE 2 SLURPEE BARRELS 6 GONDOLA UNITS 21 END CAPS 6 HIGHWALLS 0 TOTAL 327 TOTAL SO FT SALES FLOOR AREA = 2. 40 = 1,707 EXHIBIT B CASE FILE NO. 2011-08 CUP DATE: 2/18/2011 v C N T>,rUAe (NO WORK) AREA OF WORK) BIIIDLENG 41: REPAIR OF EXISTING STRUCTURE,. LIKENESS IN KIND, EXIST. RETA;L TYPE V•13 BLDG. 01 3045 SQ.FT, (' -- EE F N 3,045 SF EILJAI ILLS Tv�xm�{F�(�tirr..gAru i,N7 itY.� (2) EXI� Ei,('. r'ARIKIN+I SPA(I.5 EXIST, RETAIL TYPL V•B OW STORY BLDG, 02 (NO WORK) 7,215 ,SQ.PT. ]t 11.JLIJi 1J1 L-,;tt7,{]„G1tf.fL fl fl ri 1.,LRjiAL.J...att],,YAIJFtt L ,1J 11,X(ST, 1I12 SLOPE RAMP TYP PARKING SPACE 17'41" LENGTH + 2'-0" CURB O.N. SCALE SITE SUMMARY EXHIBITA CASE FILE NO 2011-08 CUP DATE 2/18/2011 N. HIGHLAND .AVE. HI ;A r^atir,�y.o.,e MI FOR REVIEW ONII S iTE PLAN CCNCEPT.1 C1,0 FLFU,L PAPAL, L I P P WALL x n n PO hrdo WALL Ib6 n P.P,Nr 10 hW*L(I1 - PUCP >O51 X OP (NI • unER POst P, L'.E x0_pMN p, PUP 0 P,O, ri) +, sil pro [P ooy w. to xtxnlN •� n� P[x... FIFA nacu1 IC1S r, nv:1 N laal n F000R PUN CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 3, 2011 AGENDA ITEM NO. 26 1 TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for the sale of beer and wine at Rincon del Mar restaurant at 314 Highland Ave. (Applicant Jose Lopez) (Case File 2011-09 CUP) PREPARED BY: Martin Reeder DEPARTMENT: PHONE: 336-4313 APPROV EXPLANATION: cs/Planning. The applicant is requesting to offer beer and wine for on site consumption between the hours of 11:00 a.m. and 9:00 p.m. seven days a week. All alcohol products would be stored in the rear kitchen and storage area and would be brought to the table by a server. There would also be a shelf near the point of sale displaying alcohol products for sale. The Planning Commission conducted a public hearing on April 18, 2011. There were no concerns noted from area residents. Commissioners asked questions regarding hours of operation, at which time the applicant volunteered to reduce their original proposed sales hours of 9:00 a.m. to 10:00 p.m., in line with recent approvals. A Police Department representative again indicated that restaurants closing earlier in the evening were less of an issue than bars or off -sale alcohol outlets and that no over -concentration of alcohol licenses exists in this area. The Commission voted to approve the CUP based on required findings and subject to Conditions of Approval, with condition no. 7 changed to reflect the modified sales hours. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, Flores, Pruitt Nays: Reynolds Absent: Farias, DeLaPaz ATTACHMENTS: Location Map Planning Commission Staff Report 3. Resolution No. 10-2011 4. Reduced Plans RS-3-PD 220 n°'i 230 (J1 306 314 324 rn N csa 0 m 0 0 E 2nd. St_' N 200 o f 221 228 co E 3rd St E 4th.St —1 405 1 CO Subject Parcel — — — Zone Boundary 404 any puely6iH 205 309 303 r RS-3-PD 321 333 L 03 N -1 CO W CO W CO 0 CO r 1 co i I I I Feet 0 75 150 300 APN: 556-127-03 Planning Commission Location Map 2011-09 CUP 1 4 . 6 . 1 t CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel No.: Staff report by: Applicant: Property owner: Combined General Plan/ Zoning designation: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 5 April 18, 2011 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT AN EXISTING RESTAURANT AT 314 HIGHLAND AVENUE. 2011-09 CUP Southwest corner of Highland and E. ri Street 556-127-03 Martin Reeder Juan Lopez Zertuche Arturo/Socorro C CG (General Commercial) Commercial use / CG Foodland IGA/Commercial use across Highland/ CG Commercial use / CG Single-family residential use / RS-3-PD Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) 2 BACKGROUND Site Characteristics The project site is an existing approximately 650 square -foot Mexican seafood restaurant near the southwest corner of Highland Avenue and East 3`d Street. The restaurant — Rincon del Mar — was established in 2010. The establishment is part of a larger building that has another restaurant to the north adjacent to 3`d Street. There are seven parking spaces in the rear of the building that service both restaurants. Proposed Use The applicant is requesting to offer beer and wine for on site consumption between the hours of 9:00 a.m. and 10:00 p.m. seven days a week. All alcohol products would be stored in the rear kitchen and storage area and would be brought to the table by a server. Analysis Alcohol /Community Meeting Chapter 18.71 of the National City Land Use Code allows for on -site alcohol sales with an approved Conditional Use Permit (CUP). Pursuant to Section 18.71.030, a community meeting was held Monday, February 14, 2011 at 5:00 p.m. in the restaurant. The applicant states that all owners and occupants within 660 feet of the store were notified by mail of the meeting. A sign -in sheet and meeting minutes are attached. According to the sign -in sheet, five people attended the meeting including the applicant. The minutes state that no questions were asked or comments noted. Alcohol Sales Concentration Per California State Alcoholic Beverage Control (ABC), there are currently three on - sale permits issued in this census tract (118.01). These permits are: • Oriental Cafe - 39 East 7th Street • Napoleone Pizza — 619 National City Blvd. • McDinis Irish Cantina —105 East 8th Street Census tract 118.01 includes the area of the City between Division and East 8`h Streets and between National City Blvd. and Highland Avenue. The attached census tract map shows the location of the subject tract. ABC recommends a total of five on -sale alcohol permits be issued in this census tract, where three exist. Police Department comments Crime statistics provided by PD indicate that the reporting area (Beat 20) had a 2009 crime rate of 99.7%, below the 120% considered to be a high crime area. The Police Department has objected to the issuance of a Conditional Use Permit for on -sale alcohol at this location. In their comments, PD states that there are currently 100 alcohol licenses issued in National City, or roughly 11.7 outlets per square mile. 3 Furthermore, it was stated that until the Police Department had the budget to deploy a dedicated unit to regulate these alcohol establishments, a moratorium on new alcohol CUPs should be considered. PD also quoted the number of ABC permits issued to establishments within a half -mile of the project location as a factor for objection. There are nine such businesses, all but one of which are in the City. This number includes both on and off -sale licenses. Institute for Public Strategies comments As of the writing of this report, no comments were received from the Institute for Public Strategies (IPS). Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as conditions specific to on -sale alcohol sales (no sale of alcohol without food, annual reporting of food/alcohol sales). A condition has also been included to prohibit the delivery or take-out of alcohol. Summary The sale of alcohol for on -site consumption at Rincon del Mar will contribute to the viability of a restaurant, a permitted use within the General Commercial zone. Conditions of Approval for the sale of alcohol are intended to reduce the potential for adverse effects on area uses_ However, limited Police resources would make it difficult to ensure compliance with the increasing number of alcohol licenses citywide. RECOMMENDATION Approve 2011-09 CUP subject to the conditions listed below, based on attached findings. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions 3_ Location Map 4. Census Tract Map and Police Beat Map 5. Community Meeting Information (Notice, minutes and sign -In sheet) 6. Notice of Exemption 7. Public Hearing Notice (Sent to 541 property owners and occupants) 8. Site photos 9. Police Department Comments 10. Applicant's Plans (Exhibit A, case file no. 2011-09 CUP, dated 3/3/2011) MARTIN REEDERAARYAM BABAKI Assistant Planner Development Services Director 4 RECOMMENDED FINDINGS FOR APPROVAL 2011-09 CUP, 314 Highland Ave. 1. That the site for the proposed use is adequate in size and shape, since the proposed use is an accessory use to the existing restaurant use in an existing commercial area and the sale of beer and wine is not expected to increase the demand for parking on the property. 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 Highland Avenue is classified as an arterial street in the Circulation Element, and the addition of alcohol sales is not expected to result in an appreciable increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use will be compatible with other nearby businesses; and since the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of a restaurant, an established and allowed use in the applicable commercial zone. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 5 RECOMMENDED CONDITIONS OF APPROVAL 2011-09 CUP, 314 Highland Ave. General 1. This Conditional Use Permit authorizes the on -sale of beer and wine within a restaurant located at 314 Highland Ave. Consumption of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A, case file no. 2011-09 CUP, dated 3/3/2011. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. 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. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 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 Division, 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 Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. Planning 7. The sale of alcoholic beverages shall be limited to between the hours of 9:00 a.m. and 10:00 p.m. seven days a week. 8. All persons who will be serving alcoholic beverages shall receive L.E.A.D. (Licensee Education on Alcohol and Drugs) training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control or Responsible Hospitality Coalition. Training shall include a component addressing domestic violence. 9. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible 6 to the exterior, shall constitute a violation of this condition. There shall be no excessive advertising and/or marketing that targets youth or holidays. 10. No alcoholic beverages shall be consumed outside of the interior restaurant dining area without modification of this Conditional Use Permit. 11. No alcoholic beverages shall be available with take out or delivery service. 12. No alcohol shall be available without the purchase of food. 13. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. Police 14. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. RESOLUTION NO. 10-2011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT AN EXISTING RESTAURANT AT 314 HIGHLAND AVENUE. CASE FILE NO. 2011-09 CUP APN: 556-127-03 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the sale of beer and wine at an existing restaurant at 314 Highland Avenue at duly advertised public hearing held on April 18, 2011, 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. 2011-09 CUP 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 18, 2011, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed use is an accessory use to the existing restaurant use in an existing commercial area and the sale of beer and wine is not expected to increase the demand for parking on the property. 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 Highland Avenue is classified as an arterial street in the Circulation Element, and the addition of alcohol sales is not expected to result in an appreciable increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use will be compatible with other nearby businesses; and since the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of a restaurant, an established and allowed use in the applicable commercial zone. 8 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the on -sale of beer and wine within a restaurant located at 314 Highland Ave. Consumption of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A, case file no. 2011-09 CUP, dated 3/3/2011. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. 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. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 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 Division, 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 Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. Planning 7. The sale of alcoholic beverages shall be limited to between the hours of 11:00 a.m. and 9:00 p.m. seven days a week. 8. All persons who will be serving alcoholic beverages shall receive L.E.A.D. (Licensee Education on Alcohol and Drugs) training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control or Responsible Hospitality Coalition. Training shall include a component addressing domestic violence. 9 9_ Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. There shall be no excessive advertising and/or marketing that targets youth or holidays. 10. No alcoholic beverages shall be consumed outside of the interior restaurant dining area without modification of this Conditional Use Permit. 11. No alcoholic beverages shall be available with take out or delivery service. 12. No alcohol shall be available without the purchase of food. 13. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. Police 14. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. 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 18, 2011, by the following vote: AYES: Alvarado, Baca, Pruitt, Flores NAYS: Reynolds ABSENT: DeLaPaz, Farias ABSTAIN: MAN 10 0 23 35 32 ; a. NOME REST RI-1 10 27 3'- 0 0 x W SELF -CLOSING AND TIGHT FITTING DOOR k MEN'S REST RM 4'- 31 9 0 DINING RM. 1 4'-0" X DINING RM. c 37 1 L 1 1 1 1 1 1 1 1 1 1 IT-0" 18'-4" FILE COPY -ZURN 50/100 GREASE 1KAP NORITZ 13 GAL. TANKLESS NIATER HEATER MOD. NO. N0531 S-NG - D B€ aISal t6*YE'D EXHIBIT A CASE FILE Na 2011-09 CUP DATE: 3/3/2011 PROPOSED EQUIPMENT FLOOR PL N APPROX. BLDG_ AREA= 112 S.F. SCALE 1/4" = 1'-0" 11 '3AV ONV1H91H )C 03 2 E%IBTIN6 PATH OF TRAVEL PROPERTY L NE 12E 00' PATH OP TRAVEL VAN ACGE551DL! PROPER'Y LINE I25,O0' CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 3, 2011 AGENDA ITEM NO. 27 M TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for the sale of beer and wine at Bistro City restaurant at 1819 East Plaza Blvd. (Applicant Shihui Li) (Case File 2010-37 CUP) PREPARED BY: Martin Reeder DEPARTMENT: Dev PHONE: 336-4313 APPROVED EXPLANATION: cs/Planning. The applicant is requesting to offer beer and wine for on site consumption between the hours of 12:30 p.m. and 9:30 p.m. seven days a week. All alcohol products would be stored in the rear kitchen and storage area and would be brought to the table by a server upon request. The Planning Commission conducted a public hearing on April 18, 2011. There were no concerns noted from area residents. Commissioners asked questions regarding conditions of approval and Police Department concerns. A PD representative indicated that restaurants closing earlier in the evening were less of an issue than bars or off -sale alcohol outlets. Commissioners commented that there was no over -concentration of alcohol licenses in the area and ultimately voted to approve the CUP based on required findings and subject to Conditions of Approval. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) ORDINANCE: INTRODUCTION: L] FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, Flores Nays: Pruitt, Reynolds Absent: Farias, DeLaPaz ATTACHMENTS: Location Map 3. Resolution No. 9-2011 Planning Commission Staff Report 4. Reduced Plans CG-PAD 0 Subject Parcel rn O RM-1-PD • • • • • • • 1 W cn 0 — — — Zone Boundary RS-2 1 mmD i \ East-12th St_ wi 0 CO W Plaza Blvd. CG-PD 1 OD 0 CD 0 w co • • OS • • Q- D 0 508 alelsaaTui I i I I Feet 0 75 150 300 APN: o57-420-33 Planning Commission Location Map 2010-37 CUP 1 a.6. t1 LNCOAPORATED -� CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No: Location: Assessor's Parcel No.: Staff report by: Applicant: Property owner: Combined General Plan/ Zoning designation: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 3 April 18, 2011 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT A PROPOSED RESTAURANT AT 1819 EAST PLAZA BLVD. 2010-37 CUP North side of Plaza Blvd., west of Interstate 805 557-420-33 Martin Reeder Shihui Li American International Enterprises, Inc. CG-PD (General Commercial) Multi -family residential use / RM-1-PD Multi -family residential use / CG-PD Vacant property across Plaza Blvd. / CG-PD Multi -family residential use / RM-1-PD Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) 2 BACKGROUND Site Characteristics The project site is an existing restaurant located on the north side of Plaza Blvd. between the Casa Toledo apartments to the west and Kalesa Walk to the east. Interstate 805 lies beyond to the east. The restaurant (formerly Maharlika) is currently being remodeled and will operate as Bistro City. The restaurant building is located upon its own lot, which also has 29 parking spaces and a trash enclosure area. There is a defunct drive through aisle and menu box that was used as part of the previous restaurant. Proposed Use The applicant is requesting to offer beer and wine for on site consumption between the hours of 10:00 a.m. and 9:30 p.m. seven days a week. All alcohol products would be stored in the rear kitchen and storage area and would be brought to the table by a server upon request. Analysis Alcohol /Community Meeting Chapter 18.71 of the National City Land Use Code allows for on -site alcohol sales with an approved Conditional Use Permit (CUP). Pursuant to Section 18.71.030, a community meeting was held Tuesday, March 15, 2011 at 10:00 a.m. in the restaurant. The applicant states that all owners and occupants within 660 feet of the store were notified by mail of the meeting. A copy of the notice, sign -in sheet and meeting minutes are attached. According to the sign -in sheet, two people attended the meeting and no comments were noted. Alcohol Sales Concentration Per California State Alcoholic Beverage Control (ABC), there is currently one on -sale permit issued in this census tract (120.01) — this permit belongs to Family House of Pancakes across Plaza Blvd. Census tract 120.01 roughly includes the area of the City between East 8th and East 18th Streets and between Palm Avenue and Interstate 805. The attached census tract map shows the location of the subject tract. ABC recommends a total of three on -sale alcohol permits be issued in this census tract, where one exists. Police Department comments Crime statistics provided by Police Department (PD) indicate that the reporting area (Beat 21) had a 2009 crime rate of 109.70%, below the 120% considered to be a high crime area. 3 The Police Department has objected to the issuance of a Conditional Use Permit for on -sale alcohol at this location. In their comments, PD states that there are currently 100 alcohol licenses issued in National City, or roughly 11.7 outlets per square mile. Furthermore, it was stated that until the Police Department had the budget to deploy a dedicated unit to regulate these alcohol establishments, a moratorium on new alcohol CUPs should be considered_ Institute for Public Strategies comments Comments from the Institute for Public Strategies (IPS) were based on the following recommendations, both of which have been included as Conditions of Approval_ • No alcohol sales before noon (Condition No. 7); • Responsible Beverage Service training (Condition No_ 8)_ Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as conditions specific to on -sale alcohol sales (no sale of alcohol without food, annual reporting of food/alcohol sales). A condition has also been included to prohibit the delivery or take-out of alcohol_ The applicant has agreed to the later start time of 12:00 p.m., as encouraged by IPS, for alcohol sales_ Summary The sale of alcohol for on -site consumption at Bistro City will contribute to the viability of a restaurant, a permitted use within the General Commercial zone. Conditions of Approval for the sale of alcohol are intended to reduce the potential for adverse effects on area uses. However, limited Police resources would make it difficult to ensure compliance with the increasing number of alcohol licenses citywide. 4 RECOMMENDATION Approve 2010-37 CUP subject to the conditions listed below, based on attached findings. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions 3. Location Map 4. Census Tract Map and Police Beat Map 5_ Community Meeting Information (Notice, minutes and sign -In sheet) 6. Notice of Exemption 7. Public Hearing Notice (Sent to 310 property owners and occupants) 8. Site photos 9. Police Department and Institute for Public Strategies comments 10. Applicant's Plans (Exhibit A, case file no. 2010-37 CUP, dated 12/14/2010) MARTIN REEDER MARYAM Assistant Planner Development Services Director 5 RECOMMENDED FINDINGS FOR APPROVAL 2010-37 CUP, 1819 East Plaza Blvd. That the site for the proposed use is adequate in size and shape, since the proposed use is an accessory use to the existing restaurant use in an existing commercial area and the sale of beer and wine is not expected to increase the demand for parking on the property. 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 Plaza Blvd. is classified as an arterial street in the Circulation Element, and the addition of alcohol sales is not expected to result in an appreciable increase in traffic. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use will be compatible with other nearby businesses; and since the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of a restaurant, an established and allowed use in the applicable commercial zone. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 6 RECOMMENDED CONDITIONS OF APPROVAL 2010-37 CUP, 1819 East Plaza Blvd. General 1. This Conditional Use Permit authorizes the on -sale of beer and wine within a restaurant located at 1819 East Plaza Blvd. Consumption of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A, case file no. 2010-37 CUP, dated 12/14/2010. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. 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. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 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 Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Arrpptance 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 Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. Planning 7. The sale of alcoholic beverages shall be limited to between the hours of 12:00 p.m. and 9:30 p.m. seven days a week. 8. All persons who will be serving alcoholic beverages shall receive L.E.A.D. (Licensee Education on Alcohol and Drugs) training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control or Responsible Hospitality Coalition. Training shall include a component addressing domestic violence. 9. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. There shall be no excessive advertising and/or marketing that targets youth or holidays. 10. No alcoholic beverages shall be consumed outside of the interior restaurant dining area without modification of this Conditional Use Permit. 11. No alcoholic beverages shall be available with take out or delivery service. 12. No alcohol shall be available without the purchase of food. 13. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement dearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sate of food. All information obtained by an investigation of records shall remain confidential. Police 14. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. 8 RESOLUTION NO. 9-2011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT A PROPOSED RESTAURANT AT 1819 EAST PLAZA BLVD. CASE FILE NO. 2010-37 CUP APN: 557-420-33 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the sale of beer and wine at a proposed restaurant at 1819 East Plaza Blvd. at duly advertised public hearing held on April 18, 2011, 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. 2010-37 CUP 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 18, 2011, support the following findings: 1 _ That the site for the proposed use is adequate in size and shape, since the proposed use is an accessory use to the existing restaurant use in an existing commercial area and the sale of beer and wine is not expected to increase the demand for parking on the property. 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 Plaza Blvd. is classified as an arterial street in the Circulation Element, and the addition of alcohol sales is not expected to result in an appreciable increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use will be compatible with other nearby businesses; and since the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 9 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of a restaurant, an established and allowed use in the applicable commercial zone. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the on -sale of beer and wine within a restaurant located at 1819 East Plaza Blvd. Consumption of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A, case file no. 2010-37 CUP, dated 12/14/2010. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. 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. 4. This permit shalt expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 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 Division, 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 Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. Planning 7. The sale of alcoholic beverages shall be limited to between the hours of 12:00 p.m. and 9:30 p.m. seven days a week. 8. All persons who will be serving alcoholic beverages shall receive L.E_A.D. (Licensee Education on Alcohol and Drugs) training in Responsible Beverage 10 Service from the State Department of Alcoholic Beverage Control or Responsible Hospitality Coalition. Training shall include a component addressing domestic violence. 9. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. There shall be no excessive advertising and/or marketing that targets youth or holidays_ 10. No alcoholic beverages shall be consumed outside of the interior restaurant dining area without modification of this Conditional Use Permit. 11. No alcoholic beverages shall be available with take out or delivery service. 12. No alcohol shall be available without the purchase of food. 13. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. Police 14. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. 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 18, 2011, by the following vote: AYES: Alvarado, Baca, Flores NAYS: Pruitt, Reynolds ABSENT: lleLaPaz, ABSTAIN: Farias CHAIRMAN 11 \ R4K�.'L••L r 11111.11111069 .wart all _ MtfrAgtrA irJ LJ 1 -711 4 Dm. EAST PLAZA BOULEVARD EXISTING SITE PLAN Pi • 1•.a•I PARKING LEGEND • SITE 41 PNNW rem Ns 241rr Wry VM M 1111 04 PCV.IFD 4d MIR11m MIA *WI MAHN 10-10. 1:01 KMAAT1 bFF9 --- ! - m.IJA Til_�.en�w_�w�p0/��' ACCESSIBILITY COMPLIANCE 1L,.1% A`�•1 N M CRW0 M Nam[ .POr O M. MAW .000IX1 M a.. 11M\{ ION 9 M /N�lp0 MO onggm9mt II wil1 20211N4K[ 0.WD'.0 WIN emalx fi+i9r w ^'rt+ ILJ+i4. KEYNOTES • SITE Y M ll4Wrq W.V. 1.0*M0 IU f*ly 1191 4rt 0.M100ICOVOLITY� Y� M IMP. . WILL K0.1 ND UMuµ*1* 00 M� KM{i ar M V IMAM' N� orraa /..rµBn•Im ly ul Data la-W WHA 152)11,*. 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Ymu OIL NM, {IN alcw•an rv41F n A 41PM aI1 xPnY .M IO •140 Mr IRWO CODES • ADA COMPLIANCE a-, s m xR cx . n•�n mo4 w• P6M'R 00.2M W . m-44.101 Nh aan n▪ .Piuwn an r// I•4.0* Mamas • L . IY ec M W.]1fa >a 4R14 1 cN VY.I 24 WlbtlO s Ave Yu •I nnT 90 Klp•n� 4J9aI tiyLli.. 4M I11.IE120 E414 YJM 29021 • l/1, FVn 4Y0,406. t W • T/AJ q y1m•,Yy a a arm or . sum our W MY.. Y.eJ 111 V '16 MNL ww 10' 0.lM41Ai M VX111R1 WIP6LL w4LdUM. To r.N MM a 10 IMoa .ad gitiga.1433. 11M4 1w_ 44 OR. NM Irsu In Wu to r ur l4Y • I1.4. - o ]4 OEM 1MW1,.Q M' 4 - 1.' IYry 4 oR4 /Y I KEYNOTES-EOUTAMENT uM_.Oc•"_iT-.�V IMMO 1w4a . wM aM, a Dr.., 14..,/Ma M0 401 roar mat m a(aM NW. A. Y¢ a7A4 w/Asn 7a5927 2nN9 • wi 1P1, A¢ OP1 17/441 Wi 1 MK(. WOW. a1UNIC, ,R of. I./..1 a e, .vMq - rwl .uo ITA10. a 4PA4. 1/1.1 CODE - °IRE REQUIREMENTS W IL IMI. *4=9 Mm I71 O11010.1212 W a1L M. I] . 1/N.1 CALCLLATICN • ADA SEATING QUANTITY m Nl W4 144*44 w'W;f NMr N6/µ0,•/ ryAYou •I gF.• N YIM MAWR. aou O1A1Mm 1/ 1 YIY Of rl2wxww nva a. YmYlsun .N ./ maw. Sow M13N0 414.vey Ar ,1441 J A4 4 M /S61YL LL WIF P IM.1 OM= WW 1. 60 IIW WIIA*1 Nrx T F ,IDI A IEaep 1{ M•IpVN) 410.2.1 P.T. W (� rtlla onfp(rip wIR4p� 0.01 .K YJi / 'Da{�jpy{yp4, �1U1 1] W4141M a 410 PO 4SLOT.141 *41 IMMCi N.'( 5@6[ w1YMa• P C. ICI 111 AAy1,f .ry 1I2ry.1 1NY .WOK, AA w ,ams NW PNW WIN. MP WI Fry4R/1/NW4yA. aF MNCLW1 wm V.4 M M�R'1uF.v MA Lq Wiin .ul � uo M.= v Iwlrt VW AI Yrm bWl 3411x4 WALL wi NWIICWL All YYYI lAT.+1 WVl F 4Y0.I0/ eM MWM11L R N110 at n 10126.22,1 om•M+ w 1MAL mn. ./ WV .11 FWM. AN. 9WL 4 *4e •/ WM MIL nor UM INw AI au+ ro•44 .1v 412244. a we m*1.rt MNMtNM.ARP Ip 1tlM9 M0 IO W. . P.O. 44 NJM . 0 mmair. N® 146 (M 0Ni1l1211W4 F *414 YLv W... IMP NE.0. AND MW YM[gro .M. 121 ..ltA 900 ...WALL M u f4j*gym W✓ W 10l WA.wxM. MN Y:POLLY AAA..4* M .. Y AxA 1a PM. C ..A M Mno a WCmgl WW1.. NM OMM • M. LAMP 4 FA3 * wpN fry. a MOWM. Q.S WPIW* AMU. P4' 440C w'91 Art 1w 001.....1.1111. 4404 TnMR 1.r TI[N'.MIw,YI'Jm1n M IOW.• •Pm044a OA TMwi5O4/20.2/1 +Nw•tw41 Daly VY PYL 4 TPrtlm M aYRIYMf •/ 16T 112. pC RCI 11Wy. N® OR Ntt_w W.1x3 W41 a CAW. A. L. 700 41E MO.14 d w-w .L.P. bath. C*40 .y1PROW LIF S.1 Ya. F AP.�I M MN/rC 124.42. MO T*0.04 N. 430 M &T410 1MNi RR NYt]. 40 OF .1 NAO.1. - a WW1 a - fw.pa M[ 1a. 11 NA. Nq WORM IN, aL N'M�y1LN An, PROM 9G 4 WAE CIIM* EOM. LOA 11W1 1 1WM1MM MN1w1, (V. V* VYR1 no. iGM14 of ANT. 114. . A OVAL WA .11n../ IaA.Ra PW1 ffiPIw 224Lp1 0 LUST .i Art kw. IIS 1YY1 1, E 401114[ a FN..1WL % 1#' In A.. 1C10, L91MP TN11 M LUST 90' 41 C MT MNQ I1NV LYY_a1Y. v VwM... NOTES • CONSTRUCTION w 1YW.111W m rAZ of .on w rsxw, +Ym qyg Y1 taolfe ro• Wu ran. 4,. mwo-f o. 44 roc.. ...A .06 w w1m M fNmMn a u.1. o'9UI41 S W1121. P1 0.1.1 NM Ant *4,G 4U ATCYT AW MT FW Y. 01mIMA LITMA 1 A MVP MN. TM r. 4U MNY10. MU Na® Gx !ROW 124.Kb AA.1 1. 4M PM N. 10 W1 40 sem. 1w'So W A1-M YWA11aA .4,a M N1AAw a 0.1• n.N Y�maIR Mroo 2 Y A 0 0 A.1.1 M._• DEMO and PROPOSED FLOOR PLAN rA2.1 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 3, 2011 AGENDA ITEM NO. 28 M TITLE: FY 2011-2012 Preliminary Budget Update. PREPARED BY: Leslie Deese, Asst. City Manager PHONE: 336-4240-u-' EXPLANATION: A Presentation will be provided at the City Council Meeting. DEPARTMENT: City Manager APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: N/A BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: ETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT May 3`d, 2011 AGENDA ITEM NO. 29 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $165,395.72 to the City of National City for the period of 3/16/11 through 03/22/11' PREPARED BY: K. Apalategui PHONE: 619-336-4331, DEPARTMENT: Finance APPROVED BY: EXPLANATION: Effective July 1, 2008 the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all expenditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: t Approve the reimbursement of funds to the City of National City in the amount of $165,395.72I, ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A ACHMENTS: vvarrants for the period of 3/16/11 through 03/22/11 Irry- 99 188{7:. CFfR-ORAT$D COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #38 3/22/2011 PAYEE CA DEPARTMENT OF PUBLIC HEALTH DIXIELINE BUILDERS ENVIRONMENTAL H S LABORATORIES EQUIFAX INFORMATION SVCS FEDEX HUSK PARTNERS KANE BALLMER & BERKMAN PASSANTINO ANDERSEN POWER PLUS SAN DIEGO CLIPPING SERVICE UNION TRIBUNE PUBLISHING CO HARRIS & ASSOCIATES INC STAPLES ADVANTAGE YRO1.1, Pay period Start Date 5 2/8/2011 DESCRIPTION LEAD CERT RENEWAL / GRANTS REIMB - CASA QUINTA/CASA FAMILIAR SHIPPING FOR LEAD WIPES CREDIT CHECK / SEC 8 EXPRESS MAIL SERVICES / CDC CONSULTING SERVICES / FEB 2011 LEGAL SERVICES - 1/31/11 GRANT RESEARCH SVCS / DEC 2010 EQUIPMENT RENTAL / CDC NEWS READING/CLIPPING SVC / CDC ADVERTISING / SEC 8 8TH ST. COORIDOR SMART GROWTH MOP 45704 OFFICE SUPPLIES -FINANCE End Date 2/21/2011 Check Date 3/2/2011 CHK NO DATE AMOUNT 240927 3/22/11 225.00 240928 3/22/11 3,384.30 240929 3/22/11 11.96 240930 3/22/11 97.95 240931 3/22/11 28.95 240932 3/22/11 15,000.00 240933 3/22/11 10,845.00 240934 3/22/11 7,500.00 240935 3/22/11 570.00 240936 3/22/11 61.50 240937 3/22/11 438.80 240975 3/22/11 46,862.00 241036 3/22/11 177.59 A/P Total S 85,203.05 80,192.67 GRAND TOTAL $ 165,395.72 ETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT May 3`d, 2011 AGENDA ITEM NO. 30 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $11,382.37 to the City of National City for the period of 3/23/11 through 03/29/11 PREPARED BY: K. Apalategui PHONE: 619-336-4331 DEPARTMENT: Finance APPROVED BY: An alp EXPLANATION: Effective July 1, 2008 the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all expenditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: Finance APPROVED: MIS Approve the reimbursement of funds to the City of National City in the amount of $11,382.37' ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A rACHMENTS: varrants for the period of 3/23/11 through 03/29/11 PAYEE CALIFORNIA REDEVELOPMENT DESROCHERS LASER SAVER INC OPPER & VARCO PRO BUILD PRUDENTIAL OVERALL SUPPLY SAN DIEGO COUNTY RECORDER SDG&E STAPLES ADVANTAGE SWEETWATER AUTHORITY UNION TRIBUNE PUBLISHING CO VISTA PAINT BLUE PACIFIC ENGINEERING COUNTY OF SAN DIEGO HARRIS & ASSOCIATES INC LASER SAVER INC STAPLES ADVANTAGE SECTION 8 SECTION 8 HAPS PAYMENTS I1VCf]tRPQAllTED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #39 3/29/2011 DESCRIPTION LEGAL DEF FUND ASSESS FOR CRA RETIREMENT BENEFIT APR 2011 MOP 45725 INK CARTRIDGE - S8 EDUCATION VILLAGE/REVIEW DDA MOP 45707 KRYON SPR PAINT UNIFORMS - NEIGHBORHOOD RECORDING FOR RECONVEYANCE LOANS GAS AND ELECTRIC UTILITIES / CDC MOP 45704 OFFICE SUPPLIES - S8 WATER UTILITIES / CDC LEGAL NOTICE MOP 68834 EXTERIOR FLAT WHITE CULTURAL ARTS CENTER LANDSCAPE MAIL PROCESSING SVC FOR FY10/11 PROFESSIONAL SERVICES FEBRUARY 2011 MOP 45725 TONER CARTRIDGE MOP 45704 OFFICE SUPPLIES -PURCHASING Start Date End Date 3/23/2011 3/29/2011 CHK NO DATE AMOUNT 241054 3/29/11 800.00 241055 3/29/11 110.00 241056 3/29/11 98.67 241057 3/29/11 385.00 241058 3/29/11 147.94 241059 3/29/11 18.10 241060 3/29/11 18.00 241061 3/29/11 197.34 241062 3/29/11 175.32 241063 3/29/11 108.98 241064 3/29/11 685.20 241065 3/29/11 1,367.89 241077 3/29/11 1,350.00 241089 3/29/11 1,015.03 241105 3/29/11 210.00 241126 3/29/11 131.65 241153 3/29/11 5.41 GRAND TOTAL AM Total $ 6,824.53 4,557.84 $ 11,382.37 "—TING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT May 3, 2011 AGENDA ITEM NO, 31 ITEM TITLE: REPORT: Five -Year Implementation Plan: Abstention of Members of the CDC Board; Legally Required Participation PREPARED BY: Claudia G. Silva DEPARTMENT: Ci PHONE Ext. 4222 APPROVED BY: EXPLANATION: Please see attached memorandum. rn FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: File BOARD / COMMISSION RECOMMENDATION: N/A ACHMENTS: ...... norandum Mayor Ron Morrison Council Members Alejandra Sotelo-Solis Louis Natividad Mona Rios Rosalie Zarate v Office of the City Attorney TO: Mayor and City Council FROM: City Attorney SUBJECT: Five -Year Implementation Plan: Abstention of Members of the CDC Board; Legally Required Participation City Attomey Claudia Gacitua Silva Legal Counsel George H. Eiser, 111 Senior Assistant City Attomey Jodi L. Doucette DATE: April 19, 2011 I request the following statement be made part of the record pertaining to the Five -Year Implementation Plan: The legislative body of the City of National City is the City Council. As authorized by the Community Redevelopment Law of the State of California, the City Council is also the governing board of the Community Development Commission (CDC). The Community Redevelopment Law provides that the CDC is the legislative body that holds the public hearing and adopts the resolution approving the Implementation Plan. In National City, there is no other body available to hold the public hearing or adopt the resolution approving the Implementation Plan. Political Reform Act Conflict of Interest The Political Reform Act prohibits a public official from participating in a governmental decision in which the official has a disqualifying conflict of interest. Generally, a public official has a conflict of interest if the decision will have a reasonably foreseeable material financial effect on one or more of the official's economic interests. California Code of Regulations, Section 18704.2, provides that "real property in which a public official has an economic interest is directly involved in a governmental decision if ... the real property in which the official has an interest, or any part of that real property, is located within 500 feet of the boundaries ... of the property which is the subject of the governmental decision." On tonight's agenda, the property that is the subject of the decision is the redevelopment project area. California Code of Regulations, Section 18705.2, provides that where a public official has an interest in real property which is directly involved in a governmental decision, the financial affect upon the real property is presumed to be material, unless the presumption is rebutted. This presumption may be rebutted by proof that it is not reasonably foreseeable that the governmental decision will have any financial effect on the real property. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 April 19, 2011 Page Two Mayor Morrison, Vice -Mayor Sotelo-Solis, and Councilwoman Zarate have properties located in the project area, which would be deemed to be directly involved in a governmental decision, and upon which the financial effect is presumed to be material. The residences of Vice -Mayor Sotelo-Solis and Councilwoman Zarate are located in the redevelopment project area. Mayor Morrison has an ownership interest in a residential property located in the redevelopment project area. A decision to adopt an implementation plan is being considered by the CDC. Pursuant to the provisions of the Political Reform Act and of Title 2 of Division 6 of the California Code of Regulations, Mayor Morrison, Vice -Mayor Sotelo-Solis, and Councilwoman Zarate have determined to abstain from participating in the decision to adopt the Implementation Plan, because that decision may have a material financial affect on their real property interests located in the project area. Lack of a Quorum and Legally Required Participation The abstentions of three members of the City Council with the property interests within the project area result in less than a quorum being available to consider adoption of the Implementation Plan. The absence of a quorum requires us to invoke the concept of "legally required participation." This concept allows a disqualified official to be "re -qualified" by a random selection process in the decision -making process, allows a quorum to be present, and for the re -qualified official to participate in the decision -making process until it is completed. This process was followed when the proposed Implementation Plan was considered at the March 29, 2011 meeting of the CDC. The process resulted in Boardmember Zarate being re -qualified to participate. Cs �IAGVA City Attorne CGS/gmo cc: City Manager Executive Director CDC City Clerk • Page 2 ITEM #32 5/3/11 CLOSED SESSION REPORT (CITY ATTORNEY)