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2012 02-21 CC HA SA AGENDA PKT
Agenda Of A Regular Meeting — National City City Council/ Successor Agency to the Community Development Commission As the National City Redevelopment Agency/Community Development Commission - Housing Authority of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting — Tuesday — February 21, 2012 — 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 Successor Agency to the Community Development Commission (CDC) as the National City Redevelopment Agency/Community Development Commission — Housing Authority of the City of National City 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 Successor Agency to the Community Development Commission (CDC) as the National City Redevelopment Agency/Community Development Commission — Housing Authority of the City of National City 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 Flag by Mayor Ron Morrison Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council or Successor Agency to the Community Development Commission (CDC) as the National City Redevelopment Agency/Community Development Commission — Housing Authority of the City of National City action must be brought back on a subsequent Council or Successor Agency to the Community Development Commission (CDC) as the National City Redevelopment Agency/Community Development Commission — Housing Authority of the City of National City 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 interpretacion en esparto! se proporciona durance sesiones del Consejo Municipal. Los audidfonos estan disponibles en el pasillo al prtncipio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings City Counci&Successor Agency to the Community Development Commission As the National City Redevelopment Agency/Community Development Commission - Housing Authority of the City of National City CITY COUNCIL PROCLAMATION 02/21/2012 - Page 2 1. Proclaiming Monday, March 12, 2012 as: GIRL SCOUTS OF THE USA 100TH ANNIVERSARY DAY" PRESENTATIONS 2. Employee of the Month of February, 2012 — Maria Marmolejo — Library Technician 3. Applicant Presentations for 2012-2013 Community Development Block Grant Program Funding. (Administrative Services) 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. 4. Approval of the Minutes of the Adjourned Regular National City City Council/Successor Agency to the Community Development Commission As the National City Redevelopment Agency/Community Development Commission - Housing Authority of the City of National City of January 24, 2012 and the Regular Meeting of February 7, 2012. (City Clerk) 5. Resolution of the City Council of the City of National City rescinding Resolution No. 2011-206, adopted on September 27, 2011 to change the City Council action to an action by the Community Development Commission of the City of National City. (Engineering) City Council/Successor Agency to the Community Development Commission As the National City Redevelopment Agency/Community Development Commission - Housing Authority of the City of National City 02/21/2012 - Page 3 CONSENT CALENDAR (Cont.) 6. Resolution of the City Council of the City of National City taking action on a Conditional Use Permit for Public Assembly and a Tattoo Studio at Sweetwater Harley Davidson located at 3201 Hoover Avenue. (Applicant: Anastasia Polies) (Case File 2011-28-CUP) (Planning) 7. Resolution of the City Council of the City of National City waiving the bid process and authorizing the purchase of a Ballistic Armored Tactical Transport (B.A.T.T. — S Diesel) vehicle from the Armored Group, LLC using funds from the FY 2010 Operation Stonegarden grant in the not to exceed amount of $130,000. (Police) 8. Resolution of the City Council of the City of National City approving and adopting the FY 2011-12 Mid -Year Budget Adjustments. (Finance) **Companion Item #20** 9. Saint Patrick's Day Parade use of antique fire apparatus R-1 (1925 Seagraves Pumper). (Fire) 10. Investment Report for Quarter ended December 31, 2011. (Finance) 11. WARRANT REGISTER #29 Warrant Register #29 for the period of 01/11/12 through 01/17/12 in the amount of $1,156,557.60. (Finance) 12. WARRANT REGISTER #30 Warrant Register #30 for the period of 01/18/12 through 01/24/12 in the amount of $1,154,400.08. (Finance) City Council/Successor Agency to the Community Development Commission As the National City Redevelopment Agency/Community Development Commission - Housing Authority of the City of National City 02/21/2012 - Page 4 PUBLIC HEARING 13. Continued Public Hearing — Conditional Use Permit for live entertainment at McDini's Bar/Restaurant, located at 105 East 8th Street with a Zone Variance for less than required parking. (Applicant: Benny Adler) (Case File 2010-33 CUP, Z) (Planning) **Companion Item #14** NON CONSENT RESOLUTIONS 14. Resolution of the City Council of the City of National City taking action on a Conditional Use Permit for live entertainment at McDini's Bar/Restaurant located at 105 East 8th Street with a Zone Variance for less than required parking. (Applicant: Benny Adler) (Case File No. 2010-33 CUP, Z) (Planning) **Companion Item #13** 15. Resolution of the City Council of the City of National City endorsing the Keys to Housing Advisory Council and Steering Committee's Housing Toolbox which identifies regional strategies and actions to address family homelessness. (Administrative Services/Housing and Grants) NEW BUSINESS 16. Notice of Decision - Planning Commission approval of a Conditional Use Permit for the sale of beer and wine at a proposed Wingstop restaurant at 932 Highland Avenue. (Applicant: Woody DeMayo) (Case File 2011-31 CUP) (Planning) 17. Notice of Decision — Planning Commission approval of a Conditional Use Permit for the sale of beer and wine for off -site consumption at a new 7-Eleven to be located at 1539 Highland Avenue. (Applicant: William A. Adams) (Case File 2011-32 CUP) (Planning) 18. Report on Appointment Process for the Oversight Board pursuant to ABx1 26. (City Attorney) City Council/Successor Agency to the Community Development Commission As the National City Redevelopment Agency/Community Development Commission - Housing Authority of the City of National City 02/21/2012 - Page 5 SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY CONSENT CALENDAR 19. Resolution of The Board of the Successor Agency to the Community Development Commission as The National City Redevelopment Agency adopting the Recognized Obligation Payment Schedule, and approving certain related actions. (Redevelopment) 20. Resolution of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency approving and adopting the FY 2011-2012 Mid -Year Budget Adjustment. (Finance) *Companion Item #8** 21. Authorize the reimbursement of Successor Agency to the Community Development Commission as the National City Redevelopment Agency expenditures in the amount of $19,832.17 to the City of National City for the period of 01/11/12 through 01/17/12. (Finance) 22. Authorize the reimbursement of Successor Agency to the Community Development Commission as the National City Redevelopment Agency expenditures in the amount of $245,534.38 to the City of National City for the period of 01/18/12 through 01/24/12. (Finance) 23. Investment Report for quarter ended December 31, 2011. (Finance) City Council/Successor Agency to the Community Development Commission As the National City Redevelopment Agency/Community Development Commission - Housing Authority of the City of National City 02/21/2012 - Page 6 HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY CONSENT CALENDAR 24. Resolution of the Community Development Commission - Housing Authority of the City of National City authorizing the Chairman to execute a Subordination Agreement allowing a new mortgage not -to -exceed $194,950 to be and remain a lien prior and superior to a First -Time Home Buyer Assistance Loan of $27,250 on a single -unit property located in National City. (Administrative Services). STAFF REPORTS 25. Blue Line Trolley Crossing Update — 8th Street, Civic Center Drive. (Engineering) 26. Closed Session Report. (City Attorney) MAYOR AND CITY COUNCIL ADJOURNMENT Regular National City City Council / Successor Agency to the Community Development Commission as the National City Redevelopment Agency/Community Development Commission — Housing Authority of the City of National City — Tuesday — March 6, 2012 — 6:00 p.m. — Council Chambers — National City, California COPIES OF THE CITY COUNCIL OR SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY! COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcityca.gov ITEM #1 2/21/12 ITEM #2 GALIFORNIA+ NATIONS CITY a Litt 7NCORPORATED MEMORANDUM February 6, 2012 TO Leslie Deese, Ci Manager FROM Stacey Stevens n, uman Resources Director SUBJECT EMPLOYEE OF THE MONTH PROGRAM 2/21/12 The Employee of the Month Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized in February 2012 is Maria Marmolejo — Library Technician By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, February 21, 2012 to be recognized for her achievement and service. Attachment cc: Maria Marmolejo Minh Duong — City Librarian Josie Flores -Clark — Executive Assistant Human Resources — Office File SS:Igr Performance Recognition Program (2) Human Resources Department 140 E. 12" Street, Suite A, National City, CA 91950-3312 619/336-4300 Fax 619/336-4303 www.nationalcityca.gov City of National City Performance Recognition Award Nomination Form 1 nominate: MARIA MARMOLEJO for the Performance Recognition Award for the following reasons: Maria first came to work at the National City Public Library in 1987 as a part-time library page. Maria reached full-time status in 1991 as Library Assistant in the Audio -Visual department. In 2000, Maria moved up to Library Technician upon assuming higher -level duties and responsibilities. In her current position of Circulation Desk Supervisor, Maria is an important contributor to the success of the Library. Circulation is a front-line division responsible for all activities around the lending and shelving of library materials such as: patron transactions, material checkouts, library card issuances, materials shelving and displaying, etc... In addition to running one of the busiest divisions in the library, Maria is also engaged in the selection of feature films, documentaries and music CDs, a collection which is thoroughly enjoyed by library patrons if the circulation volume is any indication. One of the first things the public notices when dealing with Maria is her customer -focused disposition. Maria sets high standards of customer service by which she adheres to and expects all her staff to do the same. On many occasions, patrons have commended her staff for their courteous demeanor and excellent service. Should a front line staff call out, Maria steps right in to pick up the slack, even if it means coming to work on the weekend. F:3 C 6 2012 I One of the first things co-workers notice when interacting with Maria is her positive outlook and attitude. Maria is willing to embrace changes and remains open to new approaches or ways of looking at things. Even in differing points of view situations, Maria's customary comeback is "let's give it a try!!" I can go on enumerating many other qualities that make Maria such a valuable employee for any agency. But if I have to pick the one thing that is Maria's quintessence, it's her focus on what one can do, not what one cannot do mindset, which by itself is enough to put her in the league of Star Employees. I hereby nominate Maria Marmolejo for the City of National City Performance Recognition Award. FORWARD COMPLETE NOMINATION TO: National City Performance Recognition Program Human Resources Department Nominated by: Minh Duong, City Librarian Signature: Date: February 2, 2012 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 21, 2012 AGENDA ITEM NO. 3 :M TITLE: Applicant Presentations for 2012-2013 Community Development Block Grant Program Funding PREPARED BY: Carlos Aguirre, Community Dev. Spec. II DEPARTMENT: ive Services PHONE: (619) 336-4391 APPROVED B EXPLANATION: the City of National City solicited requests for funding from community agencies and City Departments for project and program funding in Fiscal Year (FY) 2012-2013 under the Community Development Block Grants (CDBG) and HOME Investment Partnerships (HOME) Programs. The applications for funding were made available on November 29, 2011. The City will receive $778,762 in CDBG and $251,158 in HOME funds for FY2013. The City will also reprogram approximately $593,997 in CDBG and $2,560,908 in HOME program income and other funds available from previous year activities completed under budget. On February 21st, CDBG applicants will be provided the opportunity to present on their funding request to the City Council. The City Council will select activities for funding on March 20th. After a 30-day public comment period, selected activities will be made part of the Annual Action Plan submitted to the U.S. Department of Housing and Urban Development in May 2012. Attached are the annual action plan timeline, the strategic goals and objectives identified in the City's Five -Year Consolidated Plan (2010-15), and a comprehensive list of CDBG applicants. Please note that the HOME Program applications are still pending submission and have not been included in the list of applicants provided. VIE Program applicants will be given the opportunity to make presentations at the first public hearing ?duled for March 20th. Copies of the HOME applications will be provided to the City y Council by March 7th FINANCIAL STATEMENT: ACCOUNT NO. ntaj Not applicable to this report. ENVIRONMENTAL REVIEW: Not applicable to this report. ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: File this report. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: chment No. 1: FY 2012-2013 Annual Action Plan Development Timeline .«uchment No. 2: 2010-2015 Consolidated Plan Strategic Goals Summary Attachment No. 3: CDBG Applicants for 2012-2013 CDBG Funding Attachment No. 1 City of National City FY 2012-2013 Annual Action Plan Development Timeline U.S. Department of HUD CDBG and HOME Programs November 15, 2011 (Tuesday): City Council Presentation on the HUD Consolidated Plan Priorities and Annual Action Plan Process 6:00 pm November 29, 2011 (Tuesday): FY 2012-13 CDBG/HOME Grant Funding Applications Available for Distribution City Hall Clerks Office, Finance Department Counter, and City of National City Website December 6, 2011 (Tuesday): CDBG/HOME Technical Assistance Workshop for Grant Applicants 10:00 a.m.- 12:00 p.m. MLK Center - South Mtg. Room January - March 2012 Drafting of FY 2012-13 Action Plan January 10, 2012 (Tuesday): CDBG/ HOME Application Submission Deadline Due by 2:00 p.m. at the City Clerks Office or at the Finance Department Counter February 7, 2012 (Tuesday): Distribution of CDBG/HOME Grant Application Binders to the City Council February 21, 2012 (Tuesday): CDBG/HOME Program Applicant Presentations 6:00 p.m. City Hall Council Chambers March 20, 2012 (Tuesday): City Council Public Hearing No. 1- Applicant Grant Funding Recommendations (Decision Making Meeting) 6:00 p.m. City Hall Council Chambers March 27, 2012 to April 25, 2012 Mandatory 30-Day Public Review FY 2012-13 Action Plan May 1, 2012 (Tuesday): City Council Final Public Hearing No. 2 - Approval of the FY 2012-13 Action Plan and revised Public Participation Plan 6:00 p.m. City Hall Council Chambers May 14, 2012 (Monday): Submission of the FY 2012-13 Action Plan to HUD Page I of 1 Attachment No. 2 FIVE-YEAR CONSOLIDATED PLAN 2010-2015 STRATEGIC HOUSING (H) PLAN PRIORITIES AND OBJECTIVES Priority H-1 Conserve and improve affordable housing Summary: In order to maintain quality structures and living spaces in National City, the City prioritizes single- family and multi -family rehabilitation programs to provide assistance for repairs and rehabilitation, especially for affordable housing stock. Objective 1: Minor Home Rehabilitation Provide funding for minor rehabilitation of 50 units. Objective 2: Ownership Housing Rehabilitation Program Provide funding (loans and rebates) to rehabilitate/repair 15 single-family housing units. Objective 3: Rental Unit Rehabilitation Program Provide loans to owners of rental housing to rehabilitate/repair 12 units, in return for a deed restriction to maintain units affordable. Objective 4: Housing Inspection Program Provide funding to assist 150 housing units with housing inspections that will provide technical assistance to property owners with regards to code enforcement and violations. Objective 5: Lead -Based Paint Hazard Reduction Continue to educate residents on health dangers of lead; require testing and lead hazard reduction in conjunction with rehabilitation. Priority H-2 Provide first-time homebuyer opportunities Summary: Develop program that will provide financial assistance through loans and/or grants to help first-time homebuyers- Objective 1: Provide homeownership assistance to 33 households. Priority H-3 Support new affordable housing construction Summary: City will work with for -profit and non-profit housing developers to acquire, rehabilitate, and construct new affordable housing units. Objective 1: Support the rehabilitation and/or construction of 50 affordable housing units. Priority 11-4 Promote equal housing opportunity Summary: Contract with the Fair Housing Council of San Diego to perform investigation, reporting, monitoring, tenant counseling, and landlord training on fair housing law. Objective 1: Provide assistance to fair housing counseling and enforcement organizations. Annually evaluate services provided. Seek to assist 250 households. Objective 2: Actively advertise the services provided to National City residents in public locations. Objective 3: Continue to comply with the fair housing planning requirements of CDBG & HOME programs. Page 1 of 3 Attachment No. 2 Priority H•5 Preserve assisted housing at risk of converting to market rate Summary: Two projects with 260 federally assisted units are at risk of converting to market rate. City will implement the following objectives to conserve affordable housing stock at risk of conversion. Objective 1: Monitor units at -risk of converting to market rate. Objective 2: Establish contact with agencies interested in purchasing and/or managing units. Objective 3: Work with tenants and provide them with information of other affordable housing opportunities. Objective 4: Assist tenants of at -risk housing to obtain priority status for Section-8 if conversion to market rate. Priority H-6 Support housing and services for homeless and persons at -risk of homelessness Summary: National City if a part of the San Diego Continuum of Care System and addresses homeless issues in the community through the continuum of care model The National City Housing Authority and CDBG funds can also be used to provide supportive services to the homeless and those at -risk of becoming homeless. Objective 1: Continue to support and participate in the San Diego Continuum of Care System. Objective 2: Coordinate with Emergency Food and Shelter Programs to bring funds into the region. Objective 3: Assist 300 persons by providing assistance to agencies and organizations that provide services to the homeless and/or persons at -risk of homelessness. Identified funding source Homelessness Prevention and Rapid Re -Housing Program (HPRP) Page 2 of 3 Attachment No. 2 FIVE-YEAR CONSOLIDATED PLAN 2010-2015 STRATEGIC COMMUNITY DEVELOPMENT (CD) PLAN PRIORITIES AND OBJECTIVES Priority CD-7 Provide for new and improve existing community facilities Summary: CDBG funds may be used to improve and expand parks and recreation facilities, to assist in the construction, expansion, and/or rehabilitation of other non -City owned community facilities serving the City's low- and moderate -income population and people with special needs. CDBG funds may also be used for new fire facilities and equipment if needed_ In the past, CDBG funds leveraged a Section 108 loan for these purposes. The City's 5-year Capital Improvement Plan (CIP) identifies capital project needs; some of these projects have been identified as priorities for the Consolidate Plan 5-year period, including improvements to be made with regard to ADA compliance. Objective 1: Pursue 3 improvement projects to parks, recreational, and community facilities annually, for a total of 15 projects during the five-year Consolidated Plan period. Objective 2: Continue to prioritize repayment of the Section 108 loan, allocating CDBG funds and program income. Priority CD-8 Provide for needed infrastructure improvements in low- and moderate- income areas Summary: Street and sidewalk improvements are needed in low- and moderate -income areas to support continued investment. In addition, flood control projects have been identified as priorities. Objective 1: Pursue 2 flood control and 15 street improvement projects. Priority CD-9 Provide for needed community and supportive services Summary: The public outreach process identified homeless and emergency food services, senior services, childcare, and especially youth services, and crime awareness/prevention as priority services. Objective 1: Pursue public services for lower -income and special needs populations as identified on a yearly basis. Assist 8,350 persons or households over the five-year Consolidated Plan period. Priority CD-10 Provide for necessary planning activities Summary: 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. Continued outreach to low- and moderate -income households should be conducted as part of the CDBG program's required public participation process. Objective 1: Annually review implementation of Consolidated Plan and update Action Plan as necessary. Objective 2: Conduct monitoring of CDBG and HOME funded activities. Objective 3: Ensure understanding of changing community needs through coordination with the Neighborhood Councils. Objective 4: Support efforts to increase volunteerism in the community in order to assist in the removal of blight and increase community engagement. Page 3of3 Attachment 3 FY 2012-2013 National City CDBG Applications Agency Marne 1 Activity ;, IAmount Requested ' I Minirrium kecltYest CDBG PROGRAM PublitServvices $ { 432,773.21 '. $' 422,927.46 1 City of National City, Community Services Department At Risk Youth After School Teen Program - "Supreme Teens" $ 20,000.00 $ 20,000.00 $ 136,270.95 2 City of National City, Neighborhood Services Department Homeless Assistance Program $ 136,270.95 3 Community Food Bank of National City Hunger Assistance Program $ 15,000.00 $ 10,000.00 4 City of National City, Community Services Department Learn to Swim $ 32,856.00 $ 32,856.00 5 City of National City, Public Library Literacy Services $ 52,000.00 $ 52,000.00 6 Meals -on -Wheels Greater San Diego, Inc. Meals -on -Wheels National City $ 10,000.00 $ 9,323.00 7 South Bay Community Services National City Police Department Support Services: Juvenile Diversion $ 20,000.00 $ 20,000.00 8 City of National City, Fire Department Public Access Defibrillator (PAD) Program $ 21,609.71 $ 21,609.71 9 Council of Philippine American Organizations of San Diego County (COPAO) "Seniors and Friends" or SAFFRON Project or SAF $ 75,000.00 $ 75,000.00 10 Burn Institute Senior Smoke Alarm Program $ 12,699.55 $ 8,530.80 11 City of National City, Community Services Department Tiny Tots $ 29,337.00 $ 29,337.00 12 Trauma Intervention Programs of San Diego County, Inc. Trauma Intervention Program $ 8,000.00 $ 8,000.00 Total Public Service Requests $ 432,773.21 $ 422,927.46 Non -Public Services Code Enforcement $ 151,570.00 $ 151,570.00 13 City of National City, Neighborhood Services Department Housing inspection Program $ 151,570.00 $ 151,570.00 Interim Assistance $ 146,156.11 $ 146,156.11 14 City of National City, Neighborhood Services Department Neighborhood Preservation $ 146,156.11 $ 146,156.11 Housing Rehabilitation $ 182,712.00 $ 182,712.00 15 San Diego Habitat for Humanity Rehabilitation Projects for Affordable Homeownership $ 182,712.00 $ 182,712.00 Public Facility Improvements $ 493,814.83 $ 407,403.70 16 City of National City, Development Services Department ADA Improvements $ 300,000.00 $ 300,000.00 17 La Maestra Family Clinic, Inc. La Maestra Dental Clinic, National City $ 33,814.83 $ 27,403.70 18 Operation Samahan Inc. Samahan-Granger School Based Health Center Renovation $ 160,000.00 $ 80,000.00 Page 1 of 2 Attachment 3 FY 2012-2013 National City CDBG Applications Agency Name'; i ' i. 1 Activity Amount Requested :; Minimum Request Public Infrastructure Improvements $ 700,000.00 $ 700,000.00 19 City of National City, Development Services Department Concrete Improvements to Upgrade Pedestrian Ramps, Sidewalk, Curb, and Gutter $ 300,000.00 $ 300,000.00 20 City of National City, Development Services Department Pedestrian Safety and Accessibility Enhancements on Euclid Avenue Near Paradise Valley Hospital $ 100,000.00 $ 100,000.00 21 City of National City, Development Services Department Storm Drain Improvements $ 300,000.00 $ 300,000.00 Section 108 Loan $ 457,222.50 $ 457,222.50 22 City of National City, Fire Department Fire Station Construction/Section 108 Loan Payment FY11-12 $ 204,361.00 $ 204,361.00 23 City of National City, Fire Department Fire Station Construction/Section 108 Loan Payment FY12 13 $ 252,861.50 $ 252,861.50 Total Non -Public Service Requests $ 2,131,475.44 $ 2,045,064.31 CDBG;plarining and Administration Planning $ 72,000.00 $ 15,000.00 24 City of National City, Community Neighborhood Councils Program $ 72,000.00 $ 15,000.00 Administration $ 242,425.60 $ 242,425.60 n/a City of National City, Community Development Department CDBG Program Administration $ 204,425.60 $ 204,425.60 25 Fair Housing Council of San Diego Fair Housing and Tenant -Landlord Education $ 38,000.00 $ 38,000.00 Total Planning and Administration Requests $ 314,425.60 $ 257,425.60 TOTAL CDBG FUNDS REQUESTED $, 2,878,674 25 $;'- 2,725,417. 7'i Page 2 of 2 ITEM #4 2-21-12 APPROVAL OF THE MINUTES OF THE ADJOURNED REGULAR NATIONAL CITY CITY COUNCIL/SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY/COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF JANUARY 24, 2012 AND THE REGULAR MEETING OF FEBRUARY 7, 2012. (CITY CLERK) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 21, 2012 AGENDA ITEM NO. 5 EM TITLE: Resolution of the City Council of the City of National City rescinding City Council Resolution No. 2011- 206, adopted on September 27, 2011, to change the City Council action to an action by the Community Development Commission of the City of National City PREPARED BY: Lynn C016-3' PHONE: (619) 336-4318 EXPLANATION: DEPARTMENT: -Engineering APPROVED BY: On September 27, 2011, the City Council adopted Resolution No. 2011-206, authorizing a change in the appropriation of funds in the amount of $61,901.50 for the Public Works Relocation Project, from the 2011 Tax Allocation Bond Fund (Housing) (Fund 525),'to Low/Mod Funds (Fund 522). This Resolution contained an error in the account number. The correct account is a CDC account requiring Community Development Commission action, not the City. CDC/action was taken on January 31, 2012, with the adoption of Resolution No. 2012-33. Therefore, City Council Resolution No. 2011-206 needs to be rescinded. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: Adopt Resolution INAL ADOPTION: APPROVED: APPROVED: Finance MIS BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: iolution RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RESCINDING RESOLUTION NO. 2011-206 TO CHANGE A CITY COUNCIL ACTION TO AN ACTION BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY WHEREAS, on June 21, 2011, the City Council adopted Resolution No. 2011- 136, approving the Disposition and Development Agreement ("DDA") with Paradise Creek Housing Partners, LP, wherein $14,957,000 from the 2011 Tax Allocation Bond — Housing Fund (Fund 524) was obligated for the Westside Infill Transit -Oriented Development ("WI-TOD") Project; and WHEREAS, on August 2, 2011, the City Council adopted City Council Resolution No. 2011-173, approving an agreement with Kimley-Horn & Associates, Inc., where a line item was approved to fund the design of the relocation of Public Works for $61,901.50 utilizing 2011 Tax Allocation Bond — Housing Fund (Fund 524), which was subsequently changed to the Low/Mod Fund (Fund 522) through the adoption of City Council Resolution No. 2011-206, adopted on September 27, 2011; and WHEREAS, because the Low/Mod Fund (Fund 522) is a Community Development Commission (CDC) account, the CDC adopted Resolution No. 2012-33 on January 31, 2012, authorizing funds from the Low/Mod Fund (Fund 522) to fund the design of the relocation of Public Works; and WHEREAS, it is appropriate to rescind City Council Resolution No. 2011-206. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that City Council Resolution No. 2011-206 is rescinded. PASSED and ADOPTED this 21st day of February, 2012. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 21, 2012 AGENDA ITEM NO. 6 Al TITLE: Resolution taking action on a Conditional Use Permit for Public Assembly and a Tattoo Studio at Sweetwater Harley Davidson located at 3201 Hoover Avenue (Applicant Anastasia Polies) (Case File 2011-28 CUP) r PREPARED BY: Martin Reeder, AICP PHONE: 336-4313 EXPLANATION: The City Council conducted hearings on this item at the January 24 and February 7, 2012 City Council meetings. The attached resolution is needed to take action on the item. DEPARTMENT: P ng APPROVED BY: 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: Adopt the Resolution BOARD 1 COMMISSION RECOMMENDATION: ATTACHMENTS: solution RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR PUBLIC ASSEMBLY AND A TATTOO STUDIO AT SWEETWATER HARLEY DAVIDSON LOCATED AT 3201 HOOVER AVENUE WHEREAS, the Planning Commission considered a Conditional Use Permit for Public Assembly and a Tattoo Studio at Sweetwater Harley Davidson located at 3201 Hoover Avenue at a duly advertised public hearing held on December 5, 2011, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing, the Planning Commission considered the staff report contained in Case File No. 2011-28 CUP, maintained by the City and incorporated herein by reference along with evidence and testimony from said hearing; and WHEREAS, the Planning Commission voted to approve the Conditional Use Permit for Public Assembly and a Tattoo Studio at Sweetwater Harley Davidson located at 3201 Hoover Avenue by a unanimous vote in favor of approval; and WHEREAS, a Notice of Determination was before the City Council on January 10, 2012, and a public hearing was set for January 24, 2012; and WHEREAS, the City Council considered a Conditional Use Permit for Public Assembly and a Tattoo Studio at Sweetwater Harley Davidson located at 3201 Hoover Avenue at duly advertised public hearings held on January 24, and continued to February 7, 2012, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearings, the City Council considered the staff report contained in Case File No. 2011-28 CUP, maintained by the City and incorporated herein by reference along with evidence and testimony from said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by state and City laws; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the testimony and evidence presented to the City Council at the public hearing held on January 24, February 7, 2012, and February 21, 2012, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be within an existing building and upon a roof deck designed for such use, and since no expansion of the building is proposed. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume of traffic generated by the proposed use, since the site was developed for and has historically been used for public assembly use, since the proposed use involves no expansion, and since a tattoo studio is not expected to draw a significant number of additional patrons. Resolution No. 2012 — February 21, 2012 Page Two 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the building is located in an industrial zone, near a freeway, and away from any residential areas. 4. That the proposed use is deemed essential and desirable to the public convenience, since it will allow the business to expand its services, thus increasing profitability and the chances for success. 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 public assembly and a tattoo studio at 3201 Hoover Avenue. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform to Exhibit "A", Case File No. 2011-28 CUP, dated October 27, 2011. 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 Planning Division 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 City Manager or designee prior to recordation. 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 National City Municipal Code. 4. Within four (4) days of approval, pursuant to Fish and Game Code Section 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. BUILDING 5. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. Resolution No. 2012 — February 21, 2012 Page Three 6. Use of the roof deck may be continued provided that: a. No alterations, modifications, additions, or enlargements to any part of the structure may be made, including anything attached to the roof, deck, or sides of the structure, without first obtaining a building permit. b. The maximum occupancy load of the roof deck is and shall be maintained at 300 people. c. No assembly is permitted in the mercantile area and no commingling of the roof deck and mercantile area is permitted without obtaining a permit for a change in occupancy from the Building Division. If a change in occupancy from mercantile to mercantile/assembly use is granted, the maximum occupancy of the lower level will be no more than 587 people. e. The applicant shall submit and have approved a floor plan showing the emergency path of travel from the roof deck, through the mercantile area, and to the public right-of-way. f. All exit doors on both floors must be available for emergency exiting from assembly areas. FIRE 7. Plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of National Fire Protection Association (NFPA) Codes and Standards. 8. Access to the street, both entrances, and Fire Department connections for fire sprinkler systems, standpipes, etc., shall be maintained at all times. 9. Fire Department access into and through event areas shall be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 14 feet. 10. Access to the building shall be maintained at all times. Access to all entrances, fire sprinkler systems, standpipes, fire hydrants, and Fire Department connections shall be maintained in all areas and at all times. 11. Event participants on foot shall move immediately to the sidewalk upon approach of any emergency vehicle(s). 12. Vehicles in the roadways are to move immediately to the right upon approach of any emergency vehicle(s). Resolution No. 2012 — February 21, 2012 Page Four 13. Fire extinguishers shall be mounted in a visible location between 3% and 5 feet from the floor to the top of the extinguisher. The maximum travel distance from an extinguisher shall not be more than 75 feet. Required fire extinguishers shall not be obstructed and signs shall be posted above the extinguishers so as to indicate their exact location. 14. No cooking or heating of food (Sterno) shall be done inside of the building. 15. All linen used for this event which may include, but not be limited to, napkins, tablecloths, couches, chair covers, etc., shall meet California State Fire Marshal requirements for flame spread and smoke propagation. Proof and documentation of this requirement shall be provided to the National City Fire Department prior to all events where this applies. 16. The showroom floor is designed and categorized as a mercantile occupancy. Approval shall be granted from the National City Building Official in order to use this space as assembly occupancy. 17. The allowable occupancy load shall be posted on the showroom floor per California Building Code Standards. A permanent occupancy card shall be posted on the roof top assembly area. Please contact the National City Building Official for direction and field placement. 18. Security shall be provided for events. Security shall control the occupancy load of the event and shall provide the allowable occupancy number to City Officials upon request. 19. A map and/or diagram shall be provided to the National City Fire Department describing the floor layouts for proposed events. Layouts shall include placement of tables, props, etc. The floor plans shall also describe exits, elevator and fire suppression systems throughout the building. 20. Exit signs shall be illuminated with green lettering per National City Ordinance, and shall provide adequate direction towards available exits. 21. At no time shall tents or canopies be allowed inside of the showroom area. 22. If tents having an area in excess of 200 square feet, and/or canopies in excess of 400 square feet, or multiple tents, and/or canopies placed together equaling or exceeding the above -stated areas are to be used, they shall be constructed of flame-retardant material. Tents and canopies shall have an approved State Fire Marshal seal attached. 23. A ten -foot separation distance must be maintained between tents, canopies, and/or between tents and canopies. 24. No cooking shall be permitted under tents or canopies. 25. A permit must be obtained from the Fire Department for all tents and canopies used for events. Resolution No. 2012 — February 21, 2012 Page Five 26. The National City Fire Department may charge an after-hours inspection fee due to events being held at Sweetwater Harley Davidson. The National City Fire and Building Departments shall review all submitted floor plans for approval. Please contact the National City Fire Department and Building Division for additional requirements and assistance. PLANNING 27. This approval does not include the sale, consumption or distribution of alcohol products in association with any public or private events. No such use is permitted without modification of this Conditional Use Permit or unless appropriate short-term alcohol sales permits are procured from the Department of Alcoholic Beverage Control (ABC) by a licensed catering company. 28. All activities on site shall conform with Title 12 of the National City Municipal Code. Any amplification or other sound producing equipment shall be oriented away from the nearest residences or residential areas. 29. All tattooing activities shall conform with Title 9.54 of the National City Municipal Code and with Title 6, Division 6, Chapter 3 (commencing with Section 66.301) of the San Diego County Code of Regulatory Ordinances, as now in effect or as may hereafter be amended, as the regulatory provisions applicable to tattoo artists, tattoo parlors, and mobile tattoo vehicles within National City. 30. All tattooing and body piercing activities shall conform with Chapter 18.30.030 of the National City Land Use Code. POLICE 31. The National City Police Department shall be notified in writing 30-Days in advance of any hosted event. Such events include, but are not limited to, private parties, gatherings, car and motorcycle shows and special events. 32. The National City Police Department shall be notified in writing 30-Days in advance of any hosted event that includes the consumption or distribution of alcohol, consistent with the approval/ permitting process of the Department of Alcoholic Beverage Control (ABC). Appropriate permits shall be procured from the Department of Alcoholic Beverage Control (ABC) by a licensed catering company. 33. Events involving large groups of people shall require a Private Security company that is licensed and bonded for both armed and un-armed security personnel, dependent on the event and the number of expected guests. Large groups are defined as groups or crowds of more than 50 people. Private Security personnel shall use the National City Police Department guidelines of "span and control" to ensure the safety and security of private security personnel and event attendees. The private security company's name and certifications shall be forwarded in writing to the National City Police Department 30- Days in advance of the event. Resolution No. 2012 — February 21, 2012 Page Six 34. All tattooing and body piercing activities shall conform to state, county and city laws and business permits. To ensure the integrity of the artists and tattoo parlor, a business log shall be kept to properly identify that all customers are of 18 years of age. The log shall include the customers name, date of birth, address and valid government issued identification as specified in National City Municipal Code Section NCMC 9.54. The customer log shall be available upon request to the National City Police Department. A copy of the customer log shall be forwarded to the National City Police Department on a monthly basis. 35. Should there be consistent citizen or surrounding business complaints concerning issues of over parking along surface streets during large events — such as but not limited to, car and motorcycle shows, gatherings and special events — the National City Police Department shall request that the National City Traffic and Safety Committee review the overflow and impact of overflow parking onto City streets due to said hosted events. The Traffic and Safety Committee shall share their findings with the National City Police Department for any future enforcement considerations. 36. "No Loitering" signs shall be visible to the public at all entrances and exits of the Sweetwater Harley Davidson Dealership. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 21st day of February, 2012. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 21, 2012 AGENDA ITEM NO. :7 :M TITLE: Resolution of the City Council of the City of National City waiving the bid process and authorizing the purchase of a Ballistic Armored Tactical Transport (B.A.T.T.-S Diesel) vehicle from The Armored Group, LLC using funds from the FY 2010 Operation Stonegarden grant in the not to exceed amount of $130,000.00. PREPARED BY: Parris A. Bull, Police Sergeant DEPARTMENT: Police PHONE: (619) 336-4524 APPROVED BY: EXPLANATION: On February 1, 2011, the City Council approved Resolution #2011-22 for the purchase of t ctical equipment (i.e., rapid deployment vehicle) using funds from the FY 2010 Operation Stonegarden grant. "The Armored Group, LLC" manufactures the Ballistic Armored Tactical Transport (Rapid Deployment Vehicle), which currently serves as the industry standard. The Armored Group is a contract holder (GS- 07F-9375S) with General Services Administration (GSA). The Armored Group is one of the largest commercial armored truck suppliers in the world; since the federal government has identified the company as having the lowest price, competitive bidding would not produce any competitive advantages. The California Emergency Management Agency has approved the sole source procurement with The Armored Group. It is requested that the City Council waive the formal bidding requirements as allowed in Section 12 of Purchasing Ordinance #1480, and Chapters 2.60.220(d) and 9 60.260 of the Municipal Code and authorize the Purchasing Agent to use the GSA contract with The pored Group for this procurement. FINANCIAL STATEMENT: ACCOUNT NO. 290-411-624-511-0000 ENVIRONMENTAL REVIEW: Not Applicable', ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: NV Finance MIS STAFF RECOMMENDATION: Approve the Resolution. BOARD / COMMISSION RECOMMENDATION: Not Applicable ATTACHMENTS: I EMA "Request For Sole Source Procurement Authorization" and Cost Benefit Analysis (signed and oated on 01/05/12) Cal EMA "Approval of Sole Source Contract Request" (signed and dated on 01/11/12) Quote #JJ120206B for B.A.T.T. — S 4x2 (Rapid Deployment Vehicle) from The Armored Group, LLC. RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE BID PROCESS AND AUTHORIZING THE PURCHASE OF A BALLISTIC ARMORED TACTICAL TRANSPORT VEHICLE FOR THE POLICE DEPARTMENT FROM THE ARMORED GROUP, LLC, USING FUNDS FROM THE FY 2010 OPERATION STONEGARDEN GRANT FOR AN AMOUNT NOT TO EXCEED $130,000 WHEREAS, on February 1, 2011, the City Council adopted Resolution No. 2011-22, approving the purchase of tactical equipment (i.e., rapid deployment vehicle) for the Police Department using funds from the FY 2010 Operation Stonegarden grant; and WHEREAS, The Armored Group, LLC, ("Armored Group"), one of the largest commercial armored truck suppliers in the world, manufactures the Ballistic Armored Tactical Transport Vehicle, which currently serves as the industry standard; and WHEREAS, Armored Group is a contract holder (GS-07F-9375S) with the General Services Administration ("GSA") and, therefore, has been identified by the federal government as having the lowest price; and WHEREAS, pursuant to National City Municipal Code section 2.60.260, the City may waive the bidding process to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined to allow a procurement that is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby waives the bid process pursuant to Municipal Code section 2.60.260, and authorizes the purchase of a Ballistic Armored Tactical Transport Vehicle for the Police Department from The Armored Group, LLC, for an amount not to exceed $130,000. PASSED and ADOPTED this 21st day of February, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney NATIONAL CITY POLICE DEPARTMENT The Armored Group, LLC. 221 W. Lancaster, Ste. 12002 Fort Worth, TX 76102 allistic rmored actical ransport B.A.T.T. — S 4x2 DIESEL Quote #: JJ120206B February 6, 2012 NATIONAL CITY POLICE DEPARTMENT BALLISTIC PROTECTION: • Vertical panels and all windows armored to defeat multi -hit 7.62 x 39mm & 7.62 x 51mm rounds, including firewall (NIJ III) • Windows are bullet resistant glass -clad polycarbonate windows to protect against 7.62 x 39mm & 7.62 x 51mm rounds (NIJ III) GLASS • Two (2) piece windshield with sun visor • Two (2) Front door windows • Four (4) Horizontal windows in side walls, Two per side • Two (2) Rear windows; One each door FRONT BUMPER • Heavy Duty Ram Bumper; Includes NIJ III Rated Radiator Protection FUEL TANK • Includes locking armored door • Armored vertical protection & skid plate FRONT DOORS • Hinged Forward with ability to lock open; adds additional armored protection for officers riding on side running boards REAR DOORS • Double rear deployment doors with holdbacks at full open • Lock out ability at 90 degrees to protect riders on rear deployment bumper/platform FRONT HOOD ARMOR • Armor protection added behind OEM front fenders • Armor behind headlights • Armor under hood GRAB HANDLES • Exterior steel grab handles to assist officers riding on the side running boards and rear platform • Interior grab handles installed in rear area to assist stability for officer's while riding in moving vehicle Quote #: JJ120206B February 6, 2012 NATIONAL CITY POLICE DEPARTMENT SIDE RUNNING BOARDS & REAR PLATFORM • Heavy Duty Ride -on grip grated Side Running Boards on both sides of BATT —S • Exclusive TAG Flip Out Running Boards • Same Heavy Duty Grating on Rear of BATT-S to allow safe and quick entry/exit • Platform is an extended length design; gives officers riding on the rear of BATT-S ample room to move and get a hold of the grab handles • Includes Rear Bumper Light which is switch controlled from inside the BATT-S to illuminate rear step during night operations ROOF • Non -slip surface on roof • Roof armored to NIJ III Levels SEATING CABIN • High Back front drivers seat with seat belt • Seat can be adjusted forwards and back • High Back Passenger Seat with Swivel Base • Includes seat belt SEATING REAR • Padded rear bench seating • Padded back rest • Seats include top entry to under seat storage • Seats held up with pneumatic assist rods HVAC & INSULATION PACKAGE • OEM Front A/C and Heat System; Includes OEM Defroster • Added Rear Air Conditioning System and Heating System • A/C and Heating unit (33,000 Btu cooling & 22,000 Btu Heating) mounted behind driver on partial bulkhead for additional cooling and heating • Includes secondary condenser • Insulation Package is standard in roof and side walls MIRRORS • OEM Side View Mirrors; Includes convex mirror Quote #: JJ120206B February 6, 2012 NATIONAL CITY POLICE DEPARTMENT PULL POINTS • (4) Heavy duty tow hooks/D Ring Locations • (2) Front Tow Hooks • (2) Rear Body Mounted D Rings EMERGENCY LIGHTING & SIREN/PA SYSTEM • 200 Watt multi -tone siren with PA microphone system • (6) Red & Blue LED Strobe Lights • (2) Front grill guard • (2) Rear roof rail • (1) Each Side Fender • Wig -Wag lights -front and rear • Interior controlled Rear stealth switch • Disables; Brake lights & back-up lights with one switch INTERNAL LIGHTING • (8) White/Red Lights recessed mounted in ceiling • Lights can be either Red, White, or Both • Master control of lights mounted in Cabin • Each Light Works independently; Push buttons on each light to control GUN PORT PACKAGE • (1) Each Cab door • (3) Total Per Side Wall • (2) Each Side Wall Under View Glass • (1) Mounted between view windows • (1) Each Rear door mounted under view glass • (1) Roof Hatch Lid ROOF HATCH • Non Rotating Roof Hatch • Includes Floor Mounted, retractable sniper step PAINT • Exterior: OD Green o Chip Guard added'/ way up BATT S to help prevent chipping of paint by officers riding on the side running boards • Interior: Gray Zolotone Quote #: JJ120206B February 6, 2012 NATIONAL CITY POLICE DEPARTMENT SUSPENSION • Upgraded front and rear suspensions • Designed to accommodate additional armor and occupant weight DECALS • "National City" On Both Sides & Rear • "POLICE" in larger print on all four sides • Install decal of SWAT Team Shield on both sides of Truck • Installed Homeland Funding Decals on both sides of Truck (2) SPOT LIGHTS • Remote Control spot lights installed on front corners • Cabin controlled and includes remotes for each light RADIO PREPARATION PACKAGE • Install Customer Supplied Motorola XTL 5000 Radio BASE CHASSIS SPECIFICATIONS • New 2012 Ford F-550 Super Duty Commercial Chassis • 6.7L Turbo Diesel with Automatic Transmission; Includes Overdrive • 4x2 • 141 " wheel base • Tires: (6) 225/70R19.5 All season radials, Dual rear wheel system • OEM in dash air conditioning, heating and defrost • Am-Fm Stereo Radio with clock • 4.88 LTD Slip • Standard Ford Chassis warranty on chassis B.A.T.T.-S 4x2 DIESEL: 8.75% SALES TAX: FREIGHT: TOTAL FOR BATT-S 4x2: February 6, 2012 Jeremy Johnson The Armored Group, LLC Quote #: JJ120206B $115,990.00 $10,149.12 $3,800.00 $129,939.12 February ,2012 Authorized Signature National City Police Department February 6, 2012 EDMUND G. BROWN JR. GOVERNOR Cal EMA CALIFORNIA EMERGENCY MANAGEMENT AGENCY January 11, 2012 Jill Serrano Chief Financial Officer San Diego County Sheriff's Department P.O. Box 939062 San Diego, CA, 92123-9062 SUBJECT: APPROVAL OF SOLE SOURCE CONTRACT REQUEST FY2010 Operation Stonegarden Grant Program (OPSG) Grant #2010-1085, FIPS# 073-91015 Dear Ms. Serrano, i MIKE DAYTON ACTING SECRETARY The California Emergency Management Agency has received, reviewed, and approved your Sole Source contract request, dated January 5, 2012, based on the information provided by your staff, regarding equipment (rapid deployment vehicle), from the vendor, The Armored Group, LLC. If you have any questions about this letter, please contact your Program Representative, Scott Sano, at 916-845-8408 or scott.sano@calema.ca.¢ov Thank you for your work in protecting California. We look forward to your continued collaboration towards our homeland security strategy and appreciate your cooperation and support. Renee Mota-Jackson Section Chief California Emergency Management Agency (Cal EMA) Office of Grants Management Homeland Security, Prop1B and Emergency Management Branch Infrastructure Protections Grants Section (IPGS) CC: Captain David Myers Gayda Pia 3650 SCHRIEVER AVENUE • MATHER, CA 95655 OFFICE OF GRANTS MANAGEMENT CALIFORNIA EMERGENCY MANAGEMENT AGENCY Homeland Security Grant Program FY: 2010 Grant Number: 2010-1085 Ca1EMA ID# 073-91015 Subgrantee name: San Diego Sheriff's Department Project: For National City Police Department REQUEST FOR SOLE SOURCE PROCUREMENT AUTHORIZATION 1. Project name: E: New/Replace Equipment Project Budget: $125.600.00 AEL No.: 12VE— 00 — MISS (Rapid Deployment Vehicle) 2. Describe the project and/or activity that will be provided by the proposed sole source vendor/contractor. The procurement is for the purchase of a rapid deployment vehicle from "The Armored Group, LLC." The police department is currently conducting operations in support of Operation Stonegarden (OPSG), such as increasing law enforcement presence at the marina to reduce potential drug, weapon and other smuggling activities, increasing law enforcement presence at a local shopping mall 10 reduce vehicle thefts that are ultimately used for smuggling operations and/or other cross -border criminal activity, and conducting targeted surveillance and enforcement against documented street gang members who use cross -border travel and alliances with foreign criminal organizations to further their on -going criminal enterprise in the United States. Consequently, there will be increased incidents where the deployment of tactical units en masse will be necessary. Currently, there is no means by which to transport or deploy tactical personnel as a unit. This vehicle will significantly aid in the transportation and deployment of specially trained and equipped personnel who will be directly assisting in the support of OPSG missions. Time is of the essence in a critical incident in order to get the proper personnel and equipment to the location to prevent or reduce the loss of life or injuries. A rapid deployment vehicle that has some type of armored protection will provide officer safety in that the vehicle may approach quickly into the area and keep the occupants safe, as well as drive into the line of fire to protect citizens. Enforcers for drug cartels are known to work in National City as evidenced by a recent arrest where four males armed with a semi -automatic pistol and an assault rifle) were arrested after they tried to lure their victim to a local fast food restaurant. Current events around the world dictate that tactical teams need to be prepared for unplanned incidents, such as the drug cartel shootouts occurring in Mexico and regions that border Mexico. 3. Describe your organization's standard procedures when sole source contracting is considered, including the conditions under which a sole source contract is allowed, and any other applicable criteria (i.e. approval requirements, monetary thresholds, etc.). The City Council adopted a public contract and purchasing system in order to establish efficient procedures for the purchase of supplie,s, equipment, materials, and professional and other services at the lowest possible cost at the best value commensurate with the quality needed in order to exercise positive financial control and assure the quality of procurement. All city Cal EMA SSRF rev 9/30/10 purchases exceeding the formal bid limit (twenty-five thousand dollars) shall be purchased only after a formal competitive bid process by formal written contract with the lowest responsible bidder submitting the best responsive bid, after due notice inviting bids. The city manager or purchasing agent may dispense with the requirements of bidding when the commodity, regardless of value, can be obtained from only one source. Sole source procurements may be used when there is only one source from which a particular commodity is available and there is no adequate substitute. Sole source procurement may also he used when it is clear that competitive bidding will not produce any competitive advantage or would be impractical or not meet an urgent city procurement need. 4. Indicate which of the following circumstances resulted in your organization's need to enter into a sole source contract. a. Item/service is only available from one source (Describe the process used to make that determination. Please provide details.) Not Applicable b. A public urgency or emergency will not permit a delay resulting from competitive solicitation. According to the US Department of Homeland Security/FEMA, "Time constraints will not be considered a factor if the subgrantee has not sought competitive bids in a timely manner." (Describe the urgency or emergency. Please provide details) Not Applicable c. After solicitation of a number of sources, competition was determined inadequate. (Describe the solicitation process that determined competition was inadequate. Please provide details, and attach any relevant supporting material, Request for Proposal, etc.) "The Armored Group, LLC. " manufactures the Ballistic Armored Tactical Transport (B.A.T.T.-SDiesel) rapid deployment vehicle. The Armored Group, LLC. is a contract holder with General Services Administration (GSA). Purchasing the rapid deployment vehicle under the GSA's National Defense Authorization Act will simply involve placing the order directly with The Armored Group, LLC based on GSA pricing. 5. Did your organization confirm that the contractor/vendor is not debarred or suspended? Yes. 6. Will your organization be able to complete all activities associated with the sole source contract by the end of the grant performance period? Yes. 7. Has your organization determined the costs are reasonable? Yes. General Services Administration has determined that The Armored Group, LLC's price for the rapid deployment vehicle is fair and reasonable. 8. Please attach a copy of the cost benefit analysis prepared for this procurement. Please see attached Submitted by Jill F. Serrano, Chief Financial Officer (Name) Date:1d, Cal EMA SSRF rev 9/30/10 Cost Benefit Analysis — The Armored Group, LLC; Rapid Deployment Vehicle COSTS: 1) The purchase of (1) Rapid Deployment Vehicle; B.A.T.T. — S Diesel; 4x2; Fully Equipped with Roof Hatch (includes tax) $125,600.00 OPSG funds total: $125,600.00 BENEFITS: The National City Police Department (NCPD) will use the rapid deployment vehicle during interagency and intra-agency Operation Stonegarden (OPSG) missions and activities. The region will have access to several different types of armored and non -armored tactical vehicles for a myriad of major and critical incidents. Having more than one tactical and rapid deployment vehicle will allow OPSG partners to conduct multiple and simultaneous operations and missions throughout the region. The rapid deployment vehicle can be used for multiple tasks, including stake -outs, PSDs, narcotics operations, buy -busts, serving warrants, intelligence gathering and etcetera. Also, the rapid deployment vehicle can be used by hostage negotiators and quick response teams, and can be used at DUI checkpoints. COST BENEFIT CONCLUSION: The rapid deployment vehicle is discrete, functional and affordable. The Armored Group, LLC is a contract holder (GS-07F-9375S) with General Services Administration (GSA). The federal government has already identified the company as having the lowest price; therefore, competitive bidding will not produce any competitive advantages. According to their website, The Armored Group has grown to be one of the largest commercial armored truck suppliers in the world. With multiple manufacturing sites in several countries, they are well positioned to compete with anyone on price, quality and delivery time. Cal EMA SSRF rev 9/30/10 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 21, 2012 AGENDA ITEM NO. 8 EM TITLE: Resolution of the City Council of the City of National City approving and adopting the FY 2011-12 Mid Year Budget Adjustment. PREPARED BY: Tina Norrdin, FSO DEPARTMENT: Finance PHONE: 619-336-4331 APPROVED BY: EXPLANATION: In June 2011, the City Council adopted the FY 2011-2012 Budget. As part of the Mid -Year budget review, the Finance Department (Finance) reviewed the first six months of actual revenue and expenditures and projected the last six months of the fiscal year. The results of the mid -year budget review were presented to the City Council and members of the community on Saturday, February 4, 2012. It is estimated that the General Fund's current projected budgetary surplus will be approximately $800,000 before budget adjustments, capital projects funded by the General Fund, and the impact of the elimination of the Redevelopment Agency are factored into the calculation. The $648,846 in approved Budget Adjustments will be deducted from $800,000 projected budgetary surplus. In addition to budget adjustments, it is estimated that $600,000 in capital projects are to be funded by the General Fund. Taking these two adjustments into account, at the end of FY 2011-2012 the General Fund will have a projected budgetary deficit of $450,000. )aration of the FY 2012-2013 budget is currently underway. FINANCIAL STATEMENT: ACCOUNT NO. See the attachment ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Accept and file. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Resolution 2. Summary of FY 2011-2012 Mid -Year Budget Adjustments. RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND ADOPTING THE FY 2011-2012 MID -YEAR BUDGET ADJUSTMENTS WHEREAS, on June 21, 2011, the City Council of the City of National City adopted Resolution No. 2011-133 adopting the budget for FY 2011-2012 that was modeled on the FY 2010-2011 budget with minor modifications; and WHEREAS, as part of the mid -year review process, the Finance Department reviewed the first six months for actual revenue and expenditures, and projected the last six months of the fiscal year; and WHEREAS, the mid -year budget review was presented to the City Council and members of the public on February 4, 2012; and WHEREAS, the City Manager has recommended approval of the mid -year budget changes as summarized in the attached Exhibit "A". NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves and adopts the FY 2011-2012 mid -year budget changes, attached hereto as Exhibit "A". PASSED and ADOPTED this 21st day of February, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY FY 2011-2012 Mid -Year Budget Adjustment Adopted Adjusted Adjustment Account Account Title Budget • Budget Amount Description 212-409-000-199 Personnel Compensation $ 356,900 $ 896,900 $ 540,000 Contractual Obligations 632-404-045-299 General Accounting $ $ 108,806 $ 108,806 Contractual Obligations Total $ 648,806 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 21, 2012'', AGENDA ITEM NO. 9 EM TITLE: Saint Patrick's Day Parade use of antique fire apparatus R-1 (1925 Seagraves Pumper). (Fire) PREPARED BY: Walter Amedee /;p PHONE: 619-336-4556 EXPLANATION: DEPARTMENT: F APPROVED BY: In compliance with City Council Policy 111, NCFD would like to respectfully request use of R-1 for participation in the 32"d Annual Saint Patrick's Day Parade and Family Festival on March 17, 2012. Fire Service Parade Staging will be located at 6th Street (between Juniper & Ivy) in the City of San Diego. Staging will start at 09:30 AM with the Parade kicking off promptly at 10:30 AM. A NCFD Fire Engineer will voluntarily drive to and from the Parade. The cost to the City of National City will be limited to the associated fuel cost. R-1 will return to National City immediately following the Parade. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: The cost to the City of National City will be limited to the associated fuel cost. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff recommends allowing the NCFD to use R-1 at the Saint Patrick's Day Parade. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 21, 2012 AGENDA ITEM NO. 10 _ _ ;M TITLE: Investment Report for quarter ended December 31, 2011. PREPARED BY: Arnold Ocana PHONE: 619-336-4342, EXPLANATION: See attached report. DEPARTMENT: ,Finance APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Staff certifies that there are sufficient funds to meet the City's financial needs. ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File the Investment Report for the Quarter ended December 31, 2011. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 3ackground/Investment Overview 2. Portfolio Summary — Quarter ended December 31, 2011. ATTACHMENT 1 BACKGROUND California Government Code Section 53646 requires the City Treasurer or the Chief Financial Officer to submit to the City Council a quarterly report of the City's investment portfolio consisting of the following information: v'Vv\\ Type of investment or description, Issuers (bank or institution), Dollar amount, Interest rate, Current market valuation as of the date of the report, And the date of maturity. In addition, the code requires that the report states the City's compliance with it's investment policy and include a statement on the City's ability to meet it's pool's expenditure requirements. OVERVIEW OF CITY INVESTMENTS The City's pooled investment portfolio as of the quarter ended December 31, 2011 is summarized below and compared to the quarter ended December 31, 2010. POOLED INVESTMENT PORTFOL 0 QUARTER ENDED AS OF 12/31/2011 12/31/2010 Par Value 43,935,327.39 41, 721, 649.71 Book Value (1) 43,935,327.39 41,721,399.71 Market Value (2) 44, 067, 558.86 41,754,909.89 (1) The book value is the actual cost of investments. (2) The market value is the amount at which the investments could be sold. The City of National City has 86.37% of the total portfolio invested in the California Treasurer's Local Agency Investment Fund (LAIF). This is a liquid investment pool, which allows participants to earn market rate returns of large investments, while retaining access to funds within 24 hours of a withdrawal request. Due to the current circumstances of the economy and the market conditions, LAIF return has been plunging for the last 48 months. For the month ended December 31, 2011, LAIF's monthly average effective yield was 0.382%. The summary of the City's investment portfolio is illustrated in the following chart. SUMMARY OF INVESTMENT PORTFOLIO As of December 31, 2011 INVESTMENTS HELD BY THE CITY YTM % of Investment Type Book Value Market Value 365 Equiv. Portfolio LAIF 37,945,327.39 38,008,012.96 0.382% 86.37% Medium Term Notes 500,000-00 501,670.00 4.000% 1.14% Federal Agency Securities 3,490,000.00 3,557,875.90 2.887% 7.94% CDARS Program 2,000,000.00 2,000,000.00 1.050% 4.55% Totals for December 2011 Totals for December 2010 Portfolio increase from same quarter last year 43,935,327.39 44,067,558.86 6.530% 100.00% 41,721,399.71 2,213,927.68 CDARS Program Federal Agency 4.55% Securities 7.94% Medium Term Notes 1.14% Investments Liquidity LAIF 86.37% Book Value % of Portfolio On Demand Within One Month One Month to One Year One Year to Two Years Three Years to Four Years City of National City Finance Department 37, 945,327.39 1, 000, 000.00 3,490,000.00 1, 000, 000.00 500,000.00 86.37% 2.28% 7.94% 2.28% 1.14% 43, 935, 327.39 100.00% Federal Agency Securities account for 7.94% of the investment portfolio. The average rate of return is 2.887% which is the average yield offered in the current market of Security Bonds with same terms. The City has $2 million investment in the CDARS program with Neighborhood National Bank. The current investment yield is 1.050% and accounts for 4.55% of the portfolio. The pooled investment portfolio has the ability to meet the City's financial needs. Investments City of National City City of National City Portfolio Management Portfolio Summary December 31, 2011 Par Market Book % of Days to YTM/C YTM/C Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. LAIF Medium Term Notes Federal Agency Securities CDARS Investments Total Earnings Current Year Average Daily Balance Effective Rate of R- urn 37,945,327.39 500,000.00 3,490,000.00 2,000,000.00 43,935,327.39 38,008,012.95 501,670.00 3,557,875.90 2,000,000.GO 44,067,558.86 37,945,327.39 85.37 1 1 0.377 0.382 500,000.00 1.14 1,462 45 3.945 4.000 3,490,000.00 7.94 1.827 343 2 847 2.887 2,000,000.00 4.55 364 67 1 036 1.053 December 31 Month Ending 24,1 16.99 43,935,327.39 0.65% Tina Norrdin, Fin.ncial Services Officer Reporting period 12/01/2011-12/31/2011 Run Date, 01/27)2012 - 1522 Fiscal Year To Date 171,229.65 46,768,915.27 0.73% 43,935,327.39 100.00% 179 32 0.644 0.653 Portfolio CNC CC PM (PRF_PM1) SymRept 6.41 202b Report Ver. 5,00 CUSIP City of National City Portfolio Management Portfolio Details - Investments December 31, 2011 Page 2 Average Purchase Stated YTM/C Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date LAI F 98-37-576 Medium Term Notes 11058 Local Agency Investment Fund 36966RV94 11269 Subtotal and Average 37,945,327.39 GEN ELEC CAP CRP Subtotal and Average 500,000.00 37,945,327.39 38,C08,012.96 37,945,327.39 1 332 0.382 1 37,945,327.39 38,008,012.96 37,945,327.39 0.382 1 02/14/2008 500,000.00 501,670.00 500.000.00 4.000 4A+ 4.000 45 02/15/2012 500,000.00 501,670.00 500,000.00 4.000 45 Federal Agency Securities 313372TR5 11381 Federal Horne Loan Bank 03/14/2011 750,000.00 753,652.50 750,000.00 2.640 AAA 2.640 73 03/14/2016 3128X8N57 11342 Federal Home Loan Mrtgage Corp 06/18/2009 240,000.00 242,918.40 240,000.00 3.000 AAA 3.000 169 06/18/2014 3136FPAB3 11362 Federal Nall. Mortgage Assoc. 08/18/2016 500,000.00 517,405.00 500,000.00 2.000 AAA 2.000 1,325 08/18/2015 3136FRB51 11385 Federal Natl. Mortgage Assoc. 07/27/2011 1,000,000.00 1,001,526.00 1,000,000.00 2.375 AAA 2.375 26 07/27/2016 3136F82A2 11266 Fannie Mae 02/12/2008 250,000.00 260,357.50 250,000.00 4,000 AAA 4.000 408 02/12/2013 3136F82A2 C 11267 Fannie Mae 02/12/2008 500,000.00 520,960.00 500,000.00 4.000 AAA 4.000 408 02/12/2013 3136F9CB7 11274 Fannie Mae 03/11/2008 250,000.00 261,062.50 250,000.0C 4,000 AAA 4.000 435 03/11/2013 Subtotal and Average 3,490,000.00 3,490,000.00 3,557,875.90 3,490,000.00 2.887 343 CDARS SYS11382 11382 Neighborhood National Bank 03/10/2011 2,000,000.00 2,000,000.00 2,000,000.00 1.050 1.050 67 03/08/2012 Subtotal and Average 2,000,000.00 2,000,000.00 2,000,000.00 2,000,000.00 1.050 67 Total and Average 43,935,327.39 Run Date, 01/27/2012 - 15.22 43,935,327.39 44,067,558.86 43,935,327.39 0.653 32 Portfolio CNC CC PM (PRF_PM2) SyrnRent 6.41. 202h CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 21st, 2012 AGENDA ITEM NO.111 EM TITLE: Warrant Register #29 for the period of 01/11/12 through 01/17/12 in the amount of $1,156,557.60 PREPARED BY: 'K Apalategui DEPARTMENT: Finance PHONE: 619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 01/11/12 through 01/17/12 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Green Mechanical County of San Diego Jade Group Inc Check 300274 300255 300284 5Iic Ret System 300321 G&E 300329 Amount 335,370.60 68, 592.00 57,446.00 267,797.02 55,203.02 Explanation Chiller replacement project Principal FY12 / Backbone Refund of Bond Deposit / Plaza Blvd Center Retirement Insurance/1-12-3 City Gas & Electric utilities 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 $1,156,557.60 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: rrant Register #29 PAYEE CDCE INC CHRISTENSEN & SPATH LLP GEOSYNTEC CONSULTANTS INC NAN MCKAY AND ASSOC INC SAN DIEGO CLIPPING SERVICE STAPLES ADVANTAGE VERIZON WIRELESS AMAZON BAKER & TAYLOR BRODART FEDEX MIDWEST TAPE SPRINT U S POSTMASTER ABCANA INDUSTRIES ACEC CA RESOURCES BOARD =RTO SANDERSON ALEXANDER'S LEGAL SEMINARS ALL FRESH PRODUCTS ALPHA OMEGA SERVICES AQCS ENVIRONMENTAL ARCO GASPRO PLUS ASSI SECURITY INC AT&T MOBILITY AT&T/MCI BLACKIE'S TROPHIES AND AWARDS BONSUISSE INC BOOT WORLD BRENNTAG PACIFIC INC CAL EXPRESS CALIFORNIA ELECTRIC SUPPLY CALIFORNIA HIGHWAY ADOPTION CO CAMEON CARQUEST AUTO PARTS GCS PRESENTATION SYSTEM INC CEB CHAPMAN APPLIANCE SVCS INC CHEVRON & TEXACO CINTAS DOCUMENT MANAGEMENT OF CHULA VISTA LSOURCE INC .,,, ISTRUCTION ELECTRONICS INC COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO WARRANT REGISTER # 29 1/17/2012 DESCRIPTION SUPPLIES FOR FIRE DEPT LEGAL SERVICES / BARRERA VS NC ENVIRONMENTAL CONSUL/REDEV SECTION 8: UPDATES & REVISIONS NEWS READING & CLIPPING SERVICE MOP# 45704. OFFICE SUPPLIES/ SECS VERIZON PHONE SVCS / SEC 8 BOOKS - AS NEEDED FOR FY 2012. BOOKS - AS NEEDED FOR FY 2012. BOOK PROCESSING SUPPLIES SHIPPING FEE DVD'S - AS NEEDED FOR FY 2012. VIDEO CONFERENCING, LONG DISTANCE POSTAGE FOR OVERDUE NOTICES POOL CHEMICALS 2012 ACEC CA PUBLICATIONS PORTABLE EQUIP CERTIFICATE REFUND DUE TO EMPLOYEE ALEXANDER'S REV#44 FOOD / NUTRITION CENTER SCBA MASK FIT TESTS / FIRE DEPT CONSULTING SERVICES FUEL ASSI SECURITY ENHANCEMENTS SECURE WIRELESS CIRCUIT / POLICE SBC AT&T PHONE SERVICE / CITY MOP# 67727. METAL TAGS / FIRE MILK & DAIRY DELIVERY / NUTRITION MOP 64096 WEARING APPAREL POOL CHEMICALS ATTORNEY SERVICES DEC 2011 MOP 45698 ELECTRICAL MATERIAL PARADISE CREEK LITTER REMOVAL / DEC EDUCATIONAL REIMB - MATH 45 MOP 47557 AUTO PARTS PRELIMINARY PROPOSAL / FIRE DEPT EFFECTIVE INTRO OF EVIDENCE REPAIRS FOR KITCHEN APPLIANCES MOP 45699 FUEL MONTHLY SHREDDING / POLICE DEPT ANIMAL SHELTER COSTS/ NOV 2011/PD PAVEMENT MANAGEMENT SYSTEM FIRE ALARM MAINTENANCE / JAN 2012 AIR POLLUTION RENEWAL COST AIR POLLUTION RENEWAL COST MAIL PROCESSING SVCS / CITY CLERK 1/4 CHK NO DATE AMOUNT 300209 1/17/12 1,051.38 300210 1/17/12 6,315.00 300211 1/17/12 2,090.57 300212 1/17/12 224.00 300213 1/17/12 7425 300214 1/17/12 121.49 300215 1/17/12 7.59 300216 1/17/12 1,917.94 300217 1/17/12 99.76 300218 1/17/12 190.50 300219 1/17/12 13.01 300220 1/17/12 95.69 300221 1/17/12 11.23 300222 1/17/12 272.36 300223 1/17/12 156.97 300224 1/17/12 165.94 300225 1/17/12 300.00 300226 1/17/12 242.90 300227 1/17/12 43.64 300228 1/17/12 1,737.20 300229 1/17/12 50.00 300230 1/17/12 90.00 300231 1/17/12 29,815.24 300232 1/17/12 4,260.00 300233 1/17/12 399.46 300234 1/17/12 357.32 300235 1/17/12 48.94 300236 1/17/12 579.85 300237 1/17/12 318 90 300238 1/17/12 406.01 300239 1/17/12 54.70 300240 1/17/12 42.77 300241 1/17/12 432.00 300242 1/17/12 286.00 300243 1/17/12 418.57 300244 1/17/12 22,352.13 300245 1/17/12 133 40 300246 1/17/12 1,147.61 300247 1/17/12 257.73 300248 1/17/12 72.95 300249 1/17/12 26,048.00 300250 1/17/12 3,692.00 300251 1/17/12 843.55 300252 1/17/12 372.00 300253 1/17/12 325.00 300254 1/17/12 4,079.02 +,- CALIFORNIA 2/4 PAYEE COUNTY OF SAN DIEGO, RCS COURTESY REFRIGERATION COX COMMUNICATIONS CULLIGAN DAPPER TIRE COMPANY DELL MARKETING CORP D-MAX ENGINEERING EARLY CHILDHOOD EXPERIAN FAULKNER FEDEX FIFIELD FLEET SERVICES INC FON-JON KENNELS FOREIGN SPEEDO INC FRANK TOYOTA GEORGE WATERS GOVCONNECTION, INC. GRAINGER GREEN MECHANICAL CONTRACTORS GROSSMAN PSYCHOLOGICAL GTC SYSTEMS INC HAMILTON MEATS & PROVISIONS HONEYWELL INTERNATIONAL INC HYDRO SCAPE PRODUCTS INC ID SERVICES INC INDEPENDENT FORENSIC SERVICES IRON MOUNTAIN J & M KEYSTONE INC JADE GROUP INC JOHN DEERE LANDSCAPES KAISER FOUNDATION HEALTH PLANS KIMLEY HORN AND ASSOC INC L1 IDENTITY SOLUTIONS LAERDAL MEDICAL CORP LAERDAL MEDICAL CORP LASER SAVER INC LAW OFFICES OF DON DETISCH LEAGUE OF CALIFORNIA CITIES LOPEZ LOUNSBERRY FERGUSON ALTONA MAN K-9 INC. MASON'S SAW & MATTHEW BENDER & CO INC MATTHEW BENDER & CO INC MATTHEW BENDER & CO INC NAT GUT rACORPORATED WARRANT REGISTER # 29 1/17/2#12 DESCRIPTION PRINCIPAL & INTEREST FY12/BACKBONE FREEZER CHECKED & REPAIR / PD COX COMMUNICATIONS DATA & VIDEO WATER SOFTENER SVCS / NUTRITION MOP 72654 TIRES DELL T3500 MOTHERBOARD / POLICE STORM WATER SERVICES, OCT 31-DEC 3 VIRCO 9000 SERIES CHAIRS W/CHROME CREDIT CHECKS/POLICE DEPARTMENT EDUCATIONAL REIMB - DEV PSY FEDEX SHIPMENT / FINANCE REIMB - NEW YEAR'S EVE ACTION ROTOR II37415N KENNEL FEES / POLICE K9'S SPEEDOMETER CHECKS TOYOTA PRIUS HYBRID PARENT SAFETY PATROL BANQUET HP LASERJET P2055DN PRINTER MOP 65179 ELECTRICAL MATERIAL CHILLER REPLACEMENT OFFICER ASSIST PROGRAM /JAN-MAR NETWORK ENGINEERING SVCS / MIS MEAT DELIVERY / NUTRITION REPAIRS MOP 45720 PIPES, VALVES, FITTINGS RIBBON SENSOR FOR DTC400E SART EXAMS / POLICE RECORDS MANAGEMENT/ STORAGE CARPET CLEANING, JANITORIAL REFUND OF BOND DEPOSIT/PLAZA BLVD MOP 69277 PLANTING MATERIALS 300285 RETIREES / GP 104220-01 / JAN12 300286 PROP 84 HOOVER AVE GRANT APPLICATION 300287 INVESTIGATIVE SERVICES 300288 HEARTSAVER FIRST AID CPR DVD 300289 SALES TAX MOP# 45725. INK CARTRIDGES/ MIS DON DETISCH DECEMBER 2011 MEMBERSHIP DUES - 2012 TRANSLATION SERVICES / FY 2012 STORMWATER STATE TEST CLAIM MAINT TRAINING K-9 / DEC 2011 / PD MOP 45729 MATERIALS & SUPPLIES CA DEER DESKTOP CODE SET CA PARKERS LARMAC INDEX CA PENAL CODE 2012 EDITION CHK NO DATE AMOUNT 300255 1/17/12 68,592.00 300256 1/17/12 2,064.71 300257 1/17/12 29.12 300258 1/17/12 201.55 300259 1/17/12 1,513.62 300260 1/17/12 2,084.54 300261 1/17/12 31,900.79 300262 1/17/12 486.09 300263 1/17/12 27.72 300264 1/17/12 191.58 300265 1/17/12 49.82 300266 1/17/12 78.27 300267 1/17/12 1,206.58 300268 1/17/12 50.00 300269 1/17/12 150.00 300270 1/17/12 1,049.25 300271 1/17/12 2,000. 300272 1/17/12 1, 83,: 300273 1/17/12 248.88 300274 1/17/12 335,370.60 300275 1/17/12 2,737.50 300276 1/17/12 487 50 300277 1/17/12 1.202.98 300278 1/17/12 323.44 300279 1/17/12 42.96 300280 1/17/12 18.10 300281 1/17/12 2,471.00 300282 1/17/12 135.00 300283 1/17/12 2,995.00 300284 1/17/12 57,446-00 1/17/12 482.72 1/17/12 22,461.11 1/17/12 3,483.00 1/17/12 40.00 1/17/12 220.90 300290 1/17/12 17.13 300291 1/17/12 2,190.55 300292 1/17/12 7,203.87 300293 1 /17/12 16,447.00 300294 1/17/12 210.00 300295 1/17/12 619.00 300296 1/17/12 60r 300297 1/17/12 45, 300298 1/17/12 336 52 300299 1/17/12 212.72 300300 1/17/12 76.01 3/4 PAYEE MEYERS/NAVE LAW CORP MUNICIPAL CODE CORPORATION MUNISERVICES LLC N C CHAMBER OF COMMERCE N C CHAMBER OF COMMERCE NAPA AUTO PARTS NATIONAL CITY CAR WASH NATIONAL CITY COLLEGE NORTHROP GRUMMAN CORPORATION NOWDOCS INTERNATIONAL INC ORKIN PEST CONTROL OUT BACK MANUFACTURING PACIFIC AUTO REPAIR PACIFIC REFRIGERATION INC PADRE JANITORIAL SUPPLIES INC PERRY FORD BUILD -EDGE KNIFE PROJECT PROFESSIONALS CORP. PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RBF CONSULTING ROUSTON RPM WELDING INC S D COUNTY SHERIFF'S DEPT SAN DIEGO BMW MOTORCYCLES SAN DIEGO DAILY TRANSCRIPT SAN DIEGO PET & LAB SUPPLY SDG&E SOUTHERN CALIF TRUCK STOP SOUTHWEST SIGNAL SERVICE STAPLES ADVANTAGE STUTZ ARTIANO SHINOFF & SWEETWATER AUTHORITY SYSCO SAN DIEGO THE LIGHTHOUSE INC THOMSON REUTERS BARCLAYS TURF STAR U S HEALTHWORKS UNDERGROUND SERVICE ALERT ""ON TRIBUNE )N TRIBUNE ED RENTALS UNITED ROTARY BRUSH CORP V & V MANUFACTURING VISTA PAINT .014 N&T I INCORPORATE R NI -A WARRANT REGISTER # 29 1/17/2012 DESCRIPTION CONSULT/MOU NEGOTIATIONS MUNICIPAL CODE SUPPLEMENT#34 SUTA/DISTRICT TAX AUDIT - CA CITY ENHANCEMENT MAY -DEC 2011 CHAMBER ANNUAL DINNER MOP 45735 AUTO PARTS CAR WASHES REFUND - CLEANING/KEY DEPOSIT SW MAINTENANCE PD RECORDS GREEN VOID BOTTOM CHECKS / FIN PEST MAINTENANCE HELMET HEADSET -SHORT PLUG / PD MOP 72448 AUTO PARTS R & M REFRIGERATION EQUIP / NUT JANITORIAL SUPPLIES / NUTRITION MOP 45703 AUTO PARTS MOP 45707 ELECTRICAL MATERIAL KNIFE SHARPENING SVCS / NUTRITION STORM DRAIN IMPROVEMENT DESIGN MOP 45742 LAUNDRY SERVICE SERVICE PERIOD 1-12-3 8TH ST. SAFETY ENHANCEMENTS OCT/NOV REIMB - RENEW PESTICIDE LICENSE MOP 45749 R&M BUILDINGS SHERIFF'S RANGE USE / POLICE R&M CITY VEHICLES N C BUS SHELTER PROJECT MOP# 45753. DOG FOOD / POLICE STREET GAS & ELECTRIC MOP 45758 FUEL TRAFFIC SIGNAL & STREET LIGHTING MOP# 45704. OFFICE SUPPLIES/ FIRE WC CLAIM COSTS FACILITIES WATER BILL FOOD & CONSUMABLES / NUTRITION MOP 45726 AUTO PARTS T19 PUBLIC SAFETY SUBSCRIPTION INV 6737222-00 / CREDIT 6737221-00 MEDICAL SERVICES UNDERGROUND SVCS ALERT CHRGS GENERAL PLAN UPDATE JAN 2012 ADVERTISING/PLANNING COMMISSION SKYJACK SCISSOR 30'-35' ELEC / PW SWEEPER REPAIRS BADGE REPAIRS / POLICE DEPT TRAFFIC PAINT FAST DRY RED / PW CHK NO DATE AMOUNT 300301 1/17/12 3,107.50 300302 1/17/12 413.25 300303 1/17/12 687.88 300304 1/17/12 7,500-00 300305 1/17/12 3,500.00 300306 1/17/12 1,042.98 300307 1/17/12 224.00 300308 1/17/12 200.00 300309 1/17/12 42,008.00 300310 1/17/12 139.10 300311 1/17/12 373.33 300312 1/17/12 1.080.21 300313 1/17/12 7.45 300314 1/17/12 308.88 300315 1/17/12 52.87 300316 1/17/12 1,099.67 300317 1/17/12 649.24 300318 1/17/12 46.00 300319 1/17/12 33,825.00 300320 1/17/12 352.29 300321 1/17/12 267,797.02 300322 1/17/12 1,833.95 300323 1/17/12 60.00 300324 1/17/12 80.78 300325 1/17/12 200.00 300326 1/17/12 599.34 300327 1/17/12 601.60 300328 1/17/12 118.64 300329 1/17/12 55,203.02 300330 1/17/12 72.94 300331 1/17/12 10,015.46 300332 1/17/12 455.05 300333 1/17/12 1,425.00 300334 1/17/12 6,592.58 300335 1/17/12 3,881.78 300336 1/17/12 467.83 300337 1/17/12 250.00 300338 1/17/12 401.41 300339 1/17/12 290.00 300340 1/17/12 136.50 300341 1/17/12 2,128.00 300342 1/17/12 262.80 300343 1/17/12 406.93 300344 1/17/12 703.12 300345 1/17/12 410.68 300346 1/17/12 2,218.50 4/4 PAYEE WAXIE SANITARY SUPPLY WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY ZEFERINO SECTION 8 HAPS PAYMENTS CALIFORNIA TI 'Ty �— INCORPORATED — WARRANT REGISTER # 29 1/17/2012 DESCRIPTION JANITORIAL SUPPLIES MOP 63850 AUTO PARTS MOP# 45763. ELECTRIC SUPP/ MIS EDUC REIMB - SCIENCE STATISTICS Start Date 1/11/2012 End Date 1/17/2012 GRAND TOTAL CHK NO DATE 300347 1/17/12 300348 1/17/12 300349 1/17/12 300350 1/17/12 A/P Total AMOUNT 2,138.16 13.41 937.31 528.96 1,140,903.03 15,654.57 $ 1,156,557.60 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO TIIE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR TIIE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. FINAN 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 TIIE 21" OF FEBRUARY, 2012. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 21st, 2012 AGENDA ITEM NO. 12 EM TITLE: Warrant Register #30 for the period of 01/18/12 through 01/24/12 in the amount of $1,154,400.08 PREPARED BY: IK ApalateguO DEPARTMENT: Financ PHONE: j619-336-43311 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 01/18/12 through 01/24/12 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Kimley Horn and Assoc 300402 160,276.48 D Ave Roundabout Services Dec 2011 FINANCIAL STATEMENT: ACCOUNT NO. IN/A ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,154,400.08 1 BOARD / COMMISSION RECOMMENDATION: 1N/AN ATTACHMENTS: rrant Register #30 PAYEE CHICAGO TITLE COMPANY CORPORATE PAYMENT SYSTEMS EQUIFAX INFORMATION SVCS SAN DIEGO COUNTY RECORDER SAN DIEGO COUNTY RECORDER SWEETWATER AUTHORITY AEP CALIFORNIA LLC ALL FRESH PRODUCTS ALTA PLANNING & DESIGN, INC. ARC ERGONOMICS ASCAP BEARD BRENNTAG PACIFIC INC CPOA CPOA CA BUILDING STANDARD COMMISION CAPE 2012 SEMINAR LIUS CHILDREN'S HOSPITAL CITY OF TUSTIN CLEAN HARBORS CLEARS CORPORATE PAYMENT SYSTEMS CORPORATE PAYMENT SYSTEMS COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO CLERK D PREP L L C D PREP L L C DAY WIRELESS SYSTEMS DEPARTMENT OF JUSTICE DEPT OF CONSERVATION DOKKEN ENGINEERING ENVIRONMENTAL HEALTH COALITION ESGIL CORPORATION FARMERS INSURANCE FAST SIGNS FEDEX FERNANDO FIFIELD GARCIA GOLDEN WEST COLLEGE ZALES )CA CORPORATION HARRIS & ASSOCIATES INC HONEYWELL INTERNATIONAL INC HORIZON HEALTH EAP IMAGING PRODUCTS INSTITUTE OF TRANSP ENGINEERS NA try INCORpOIiATED WARRANT REGISTER #30 1/24/2012 DESCRIPTION PRE REPORT - 30TH ST VACATION CREDIT CARD EXPENSES / CDC EQUIFAX INFO SVCS FOR FY 2011-2012 RECONVEYANCE OF LOANS - CDC RECONVEYANCE OF LOANS - CDC WATER UTILITIES / CDC RAY ALLEN K9 CRUISE EZE KENNEUPD FOOD / NUTRITION CENTER BICYCLE MASTER PLAN UPDATE-OCT / NOV WC CLAIM REFUNDS & REIMB ASCAP N C MEMBERSHIP RETIREE HEALTH BENEFITS JAN 2012 POOL CHEMICALS OFFICER INVOLVED SHOOTINGS OFFICER INVOLVED SHOOTINGS PAYMENT OF BSASR FUND COSTS CAPE 2012 TRAINING SEMINAR ADV CRISIS NEGOTIATIONS COURSE 2012 CHIA CONFERENCE PAYMENT OF CHILD ABUSE EXAMS CALPACS 2012 MEMB RENEWAL HAZARDOUS WASTE PICKUP CLEARS MEMBERSHIPS US BANK PAYMENT CPRS MEMB & SUBSCRIPTIONS PERMIT RENEW PERIOD JAN 12-13 FILING OF NOTICE OF DETERMINATION ADVANCED CRIME PREVENTION ADVANCED CRISIS NEGOTIATIONS RADIO MAINTENANCE SERVICE / PD NEW EMPLOYEE FINGERPRINT TEST SMIP COSTS OCT THRU DEC 2011 PLAZA BLVD PS&E, DECEMBER, 2011 REIMB EXPENSE: NOV 2011 PLAN CHECK SERVICES / FIRE LIABILITY CLAIM COSTS VINYL HXW PRINTED VINYL / PW TRANSPORTATION FEDEX CHARGES FIELD TRAINING OFFICER COURSE POST SWAT COURSE FIELD TRAINING UPDATE COURSE BASIC SWAT COURSE VOICE STRESS ANALYZER COURSE PLUMBING PURCHASES 8TH ST. CORRIDOR SMART GROWTH AUTOMATION, PC, SERVICE EMPLOYEE ASSISTANCE PROGRAM DIGITAL CAMERA & MEMORY CARD/MIS ITE 2012 MEMBERSHIP 1 /2 CHK NO DATE AMOUNT 300351 1/24/12 750.00 300352 1/24/12 59.86 300353 1/24/12 50.55 300354 1/24/12 147.00 300355 1/24/12 36.00 300356 1/24/12 19.90 300357 1/24/12 14,598.18 300358 1/24/12 3,602.09 300359 1/24/12 160.00 300360 1/24/12 334.51 300361 1/24/12 637.00 300362 1/24/12 70.00 300363 1/24/12 351.45 300364 1/24/12 226.00 300365 1/24/12 226.00 300366 1/24/12 164.00 300367 1/24/12 225.00 300368 1/24/12 384.00 300369 1/24/12 1,100.00 300370 1/24/12 2,115.00 300371 1/24/12 275.00 300372 1/24/12 541.62 300373 1/24/12 30.00 300374 1/24/12 2,870.44 300375 1/24/12 155.00 300376 1/24/12 602.00 300377 1/24/12 50.00 300378 1/24/12 393.00 300379 1/24/12 357.00 300380 1/24/12 4,695.00 300381 1/24/12 704.00 300382 1/24/12 715.55 300383 1/24/12 2,056.20 300384 1/24/12 7,394.14 300385 1/24/12 2,017.25 300386 1/24/12 840.04 300387 1/24/12 94.61 300388 1/24/12 315.06 300389 1/24/12 749.89 300390 1/24/12 1,500.89 300391 1/24/12 493.89 300392 1/24/12 212.00 300393 1/24/12 209.41 300394 . 1/24/12 48.69 300395 1/24/12 21,753.46 300396 1/24/12 380.25 300397 1/24/12 733.90 300398 1/24/12 910.49 300399 1/24/12 284.20 C ALI I Q R NI A- E 2/2 PAYEE INTERNATIONAL CODE COUNCIL JJJ ENTERPRISES KIMLEY HORN AND ASSOC INC MACIAS MATTHEW BENDER & CO INC MEYERS/NAVE LAW CORP N C CHAMBER OF COMMERCE OLIVER PACKAGING & ORANGE COUNTY SHERIFFS DEPT ORANGE COUNTY SHERIFFS DEPT ORANGE COUNTY SHERIFF'S DEPT PACIFIC AUTO REPAIR PRUDENTIAL OVERALL SUPPLY S D TRAINING MANAGERS ASSOC SABINE & MORRISON SAFEWAY SIGN CO SAN DIEGO BMW MOTORCYCLES SAN DIEGO NEIGHBORHOOD NEWS SAN DIEGO POLICE EQUIPMENT SD ASSOCIATION OF PUBLIC SD ASSOCIATION OF PUBLIC SD ASSOCIATION OF PUBLIC SDG&E SOUTH BAY COMMUNITY SERVICES SWEETWATER AUTHORITY SYSCO SAN DIEGO TACTICAL TECHNOLOGIES TARULLI TIRE SAN DIEGO INC THE STAR NEWS TRACY FORDS U S BANK U S BANK U S BANK UAAMAC UNITED PARCEL SERVICE UNITED ROTARY BRUSH CORP Z A P MANUFACTURING INC WIRED PAYMENTS TRISTAR RISK MANAGEMENT Pay period Start Date 2 12/27/2011 Art oft ATV) WARRANT REGISTER #30 1/24/2012 DESCRIPTION 2010 CDC UPDATES SEMINAR ALARM MONITORING & INSPECTIONS D AVE ROUNDABOUT SVCS DEC 2011 TRAFFIC COLLISION INV COURSE CA CODES 6 IN 2 CONSULT/MOU NEGOTIATIONS NC CHAMBER OF COMMERCE MEMB HOME DELIVERED TRAYS / NUT FIELD TRAINING OFFICER COURSE BASIC TRAFFIC COLLISION COURSE FTO UPDATE COURSE SMOG CERTIFICATION & REPAIRS MOP 45742 LAUNDRY SERVICE SDTMA TREASURER MEMBERSHIPS SIGN ORDINANCE REVISIONS R1 30X30.080 W/R HIP W/1160A R&M CITY VEHICLES CONCRETE IMPROVEMENT PROJECT CCI-563880, SPEER LAWMAN 40 S&W SHOOTER INCIDENTS COURSE COMMUNICATIONS SUPERVISOR CONFLICT MGMT IN DISPATCH COURSE FACILITIES GAS & ELECTRIC EXPENSE REIM: OCT-DEC 2011 PARKS WATER BILL FOOD & CONSUMABLES / NUTRITION SA200 AIR VALVE, 2-PACK / PD MOP 47940 TIRES N CITY BUS SHELTER PROJECT WC CLAIM COSTS CREDIT CARD EXPENSES - PD CREDIT CARD EXPENSES - PD CREDIT CARD COSTS - COMM SVCS 17TH ANNUAL M L K COMM BREAKFAST UPS SHIPMENT SWEEPER REPAIRS OM4-1REF1818AC REMOVE & REFACE DEC 2011 WC REPLENISHMENT End Date Check Date 1/9/2012 1/18/2012 CHK NO DATE AMOUNT 300400 1/24/12 60.00 300401 1/24/12 1,105.00 300402 1/24/12 160, 276.48 300403 1/24/12 749.89 300404 1/24/12 138.63 300405 1/24/12 1,292.50 300406 1/24/12 65.00 300407 1/24/12 1,438.00 300408 1/24/12 80.00 300409 1/24/12 65.00 300410 1/24/12 55.00 300411 1/24/12 362.60 300412 1/24/12 283.30 300413 1/24/12 50.00 300414 1/24/12 4,749.50 300415 1/24/12 2,698.85 300416 1/24/12 849.92 300417 1/24/12 1,747 " 300418 1/24/12 2,5£ 300419 1/24/12 100.,,., 300420 1/24/12 100.00 300421 1/24/12 100.00 300422 1/24/12 7,617.17 300423 1/24/12 6,345.00 300424 1/24/12 2,268.24 300425 1/24/12 1,436-93 300426 1/24/12 655.00 300427 1/24/12 339-38 300428 1/24/12 835.38 300429 1/24/12 3,402-00 300430 1/24/12 648.93 300431 1/24/12 643-86 300432 1/24/12 74.46 300433 1/24/12 50.00 300434 1/24/12 5.58 300435 1/24/12 686.31 300436 1/24/12 456.56 37235842 A/P Total 1/20/12 281,059.87 48,084.62 825,255.59 GRAND TOTAL S 1,154,400.08 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF l'HE 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. FINAN 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 21st OF FEBRUARY, 2012. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 21, 2012 AGENDA ITEM NO. 13 iM TITLE: Continued Public Hearing — Conditional Use Permit for Live Entertainment at McDini's Bar/Restaurant, located at 105 East 8'h St., with a Zone Variance for less than required parking (Applicant: Benny Adler) (Case File 2010-33 CUP, Z) PREPARED BY: BY: Martin Reeder, A►CP PHONE: 336-4313 EXPLANATION: The applicant is requesting to offer live entertainment and dancing from 6 p.m. to 1 a.m. Thursday through Sunday in association with the existing bar/restaurant. The request also includes the construction of a 120 square -foot stage and 180 square -foot dance areas. The applicant also wishes to legitimize the previous conversion of a storage area within the building that increased the dining area by approximately 835 square feet. The applicant is requesting a Variance to the parking requirements for the additional floor area being added to the business; no additional parking spaces are proposed. APPROVED BY: DEPARTMENT: Plannin. y 4 Council reviewed the Notice of Decision of the Planning Commission's approval at their meeting of January 10, 2012. Discussion focused on event security and the need for periodic review of the CUP for compliance. A Public Hearing was held on the item on February 7, 2012. Council continued the item so that new conditions could be added and analyzed by staff. The attached background report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) ORDINANCE: INTRODUCTION: ri FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff's recommendation to Planning Commission was to deny the Conditional Use Permit and to approve the Zone Variance BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit and Zone Variance. Ayes: Alvarado, DeLaPaz, Farias, Flores, Pruitt, Reynolds Absent: Baca ATTACHMENTS: Background Report Recommended Findings for Denial/Approval 3. Recommended Conditions 4. Location Map 5. Police Beat Map 6. Department and Agency comments 7. Applicant's summary of activities 8. Applicants Plans BACKGROUND REPORT The project site is a 6,548 square -foot lot on the southwest corner of East 8th Street and A Avenue in Downtown Specific Plan - Development Zone 9. The lot is developed with a 6,000 square -foot single -story building that houses McDini's restaurant/bar. The lot directly to the north on A Avenue functions as the parking lot for McDini's and has 24 parking spaces. Both lots are owned by the project proponents. The applicant has stated that the current owner took over management of McDini's in July of 2008. McDini's operates under a Type 47 alcohol license (On -Sale General Eating Place). A previous Conditional Use Permit (CUP-1986-10) was approved in October of 1986 that extended alcohol sales hours until 2 a.m. and allowed for live entertainment three days a week (Thursday through Saturday) until midnight. Another CUP was partially approved in 2009 (2009-10 CUP). As part of this permit, the applicant requested to extend the live entertainment hours allowed at that time, and to allow for a dance floor and stage to be constructed. The request also included the conversion of a storage area in to seating area, which had been converted without permits. The expansion/conversion also included an exception for less than required parking. The Planning Commission approved the requested expansion and parking exception but denied the extension of live entertainment hours. The required paperwork that the applicant needed to file in order to make the partial approval official was never processed; therefore, the permit expired one year later as it was not exercised. Since the last CUP, the City pursued nuisance abatement against McDini's due to ongoing code enforcement issues and the high volume of calls for service from the Police Department. Since the last CUP, a stipulated judgment was entered into between the City and McDini's, which allowed McDini's to continue operating provided that live entertainment was no longer conducted and that all outstanding code enforcement and building issues were resolved. McDini's has since satisfied all requirements of the Building Division and Fire Department, although the use is not consistent with parking requirements — the exception approving less than required parking for the expansion was never formalized. The applicant is requesting to offer live entertainment and dancing from 6 p.m. to 1 a.m. Thursday through Sunday in association with the existing bar/restaurant. The request also includes the construction of a 6-foot by 20-foot stage, with a 9-foot by 20-foot dance area for the live entertainment. In addition, the applicant is requesting to legitimize the previous conversion of a storage area within the building that increased the dining area by approximately 835 square feet. The converted area has 28 additional seats in seven four -person booths. i The applicant is requesting an exception to the parking requirements for the additional floor area being added to the business; no additional parking spaces are proposed. The City's Land Use Code requires a CUP for live entertainment in excess of one performer and for dancing. The applicant has indicated their desire to change the style of McDini's to more of a dinner and entertainment venue rather than a bar. As a result, they indicate that more floor area is needed. The original CUP was based on a total of 4,885 square feet of usable floor area (not including kitchens, restrooms or storage). The converted storage area increased this amount to 5,720 square feet. The additional floor area to be added would accommodate 28 additional seats. Based on parking standards in the Land Use Code, a restaurant, nightclub, bar, etc would require a minimum of ten parking spaces for each 1,000 square feet of floor area. This equates to the need for at least 65 parking spaces where only 24 are provided. The 835 square -foot additional area would require at least eight parking spaces in and of itself. According to the applicant, as there is no additional space on either of the owners' two properties to locate additional parking, none can be provided. There is street parking available adjacent to the business with seven angled parking spaces on A Avenue and 40 feet along 8th Street that is available for parking (approximately 9 spaces in total). Since additional on -site parking is unavailable, the applicant is asking for a variance to the requirement for additional parking. According to SANDAG data, sit-down restaurants generate approximately three average daily trips (ADT) per seat. The addition of 28 seats could therefore generate an additional 84 ADT. Although 8th Street is classified as an arterial street in the Circulation Element of the General Plan and can most likely handle the additional capacity. Since much of the demand for parking would occur in the evening hours when other retail businesses are closed, there would be more available street parking during the hours the bar/restaurant is open. However, additional parking on the street may overflow into the surrounding neighborhoods. Comments were received from the Police Department and Institute for Public Strategies (IPS). Both the PD and IPS have stated their opposition to live entertainment due to ongoing concerns over the number of calls for service and a potential increase of negative impacts on the nearby community. PD has stated that they are not in support of this application for the reinstated live entertainment, dancing, or the construction of a stage at McDini's. PD cited concerns over calls for service to similar establishments in the City, including Trophy Lounge and National City Sports Lounge. PD provided a list of 104 calls for service to McDini's between October 27, 2009 and October 27, 2011 (list attached). it should be noted that there were only 109 calls for service to this location in the 5 1/2 years preceding this recent two-year time period. Therefore, the 104 calls in the last two years is an increase of 260%. 2 In an e-mail to staff, IPS has cited that the area surrounding McDini's has a high concentration of drunk in public occurrences. They also cited the distance to nearby residential properties (10 feet). The e-mail and referenced map are attached. It should be noted that in the event of Planning Commission and City Council approval of this Conditional Use Permit, there is still the issue of the stipulated judgment, which specifically prohibits the activities that are part of this CUP. Therefore, the judgment would have to be rescinded prior this CUP becoming active. Condition of Approval number 2 prohibits any live entertainment, dancing, or construction of any stage or dancing until the stipulated judgment has been rescinded or modified appropriately so as to allow for such activities. One letter of concern was received during the noticing period. The letter was from residents of Brick Row who raised concerns over noise and other problems associated with McDini's. The comments are attached within. The business owners have recently remodeled McDini's, including both interior and exterior improvements. In order to become more of an entertainment venue, they wish to offer live entertainment and dancing. The addition of more seating would result in increased clientele and an increase in demand for parking. Additional concerns, cited by both the Police Department and the Institute for Public Strategies, regarding the increase in patrons includes the potential of additional calls for police service. If approved, Conditions of Approval are included to alleviate potential deleterious effects. Due to the increasing number of police calls for service and the potential of increased levels of disturbance due to the expansion, the increased demand for parking which may overflow into residential areas, and concerns of noise levels voiced by the Police Department and the Institute for Public Strategies, staff does not support the current CUP. Planning Commission conducted a public hearing on December 5, 2011, at which time commissioners discussed conditions of approval, parking, and proposed entertainment. Two speakers, formerly opposed to the project, spoke in support of the proposal. The Commission voted to approve the CUP based on required findings and subject to conditions of approval. Council reviewed the Notice of Decision of the Planning Commission's approval at their meeting of January 10, 2012. Discussion focused on event security and the need for periodic review of the CUP for compliance. The applicant agreed in concept to conditions related to these issues. Council set the item for a hearing to be held on February 7, 2012 in order for conditions to be added to address security and periodic permit review. Conditions number 7 and 22 were added in this regard. Prior to the February 7, 2012 meeting, the applicant and staff agreed on additional conditions designed to assuage ongoing concerns regarding the applicant's desire for live entertainment and the current prohibition of live entertainment in the stipulated 3 judgment between the parties. Currently, there is a stipulated judgment precluding the applicant from having live entertainment, amongst other conditions, which resulted from a court action entitled City v. McDini's, et al (SDSC 37-2010-0092488-CU-MC-CTL). The applicant, in an effort to modify the stipulated judgment, has proposed various conditions to address underlying concerns. These proposals resulted in additional conditions to be added to the CUP, and also to the Stipulated Judgment. The parties will seek modification of the stipulated judgment separately. Specifically, language was added to Condition No. 2, which references the stipulated judgment, and deals with penalties in the case of violations of the judgment. In addition, conditions were discussed requiring security (covered by No. 22) and enforcement of a dress code (No. 23). This language is reflected in the recommended Conditions of Approval. As a result of the added conditions and the need for staff analysis, the Council continued the item from the February 7th meeting to February 215' 4 RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 2010-33 CUP — McDini's Live Entertainment That the site for the proposed use is adequate in size and shape, since the addition of 835 square feet would be inside the existing building envelope and the extension of live entertainment hours and the addition of dancing would occur inside the existing building. 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 subsequent 84 additional average daily trips can easily be accommodated by 8th Street, an arterial street. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the live entertainment and dancing activities would occur inside an existing building previously devoted to similar uses. Also, conditions of approval controlling said activities on site will reduce any potential for adverse effects. RECOMMENDED FINDINGS FOR APPROVAL OF THE ZONE VARIANCE 2010-33 CUP — McDini's Live Entertainment 1 Because of special circumstances applicable to the property, including size and surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other properties in the vicinity and under the identical zone classification, since the property is completely developed and cannot be modified to construct additional parking, and since the building is not being expanded beyond the existing envelope within which the expansion is proposed. The requested Variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since there are multiple businesses in the Downtown Specific Plan Area that have less than required parking or no parking in some cases, and since the majority of area businesses are closed in the evenings when the majority of the subject property's patrons are in attendance, thus making nearby street parking spaces available. 3. The Variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since the existing bar/restaurant use is permitted in Downtown Specific Plan Development Zone 9. 5 RECOMMENDED CONDITIONS OF APPROVAL General 1. This Conditional Use Permit authorizes an approximately 835 square -foot interior addition, live entertainment and dancing from 6 p.m. to 1 a.m. Thursday through Sunday, and the construction of a 6-foot by 20-foot stage, with a 9-foot by 20-foot dance area for the live entertainment. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2010-33 CUP, dated 9/1/2011. 2. No live entertainment, dancing, or construction of any stage or dancing area may commence until the stipulated judgment has been rescinded or modified appropriately so as to allow for such activities. In the event that the stipulated judgment is modified to allow for live entertainment, the following conditions shall apply: a. If after 12 consecutive months there are no incidents, the parties agree to meet to discuss whether the stipulated judgment should remain in place. b. If any incidents involving calls for service involving any types of violence occur in a 12 month period (at McDini's, the areas adjacent to McDini's, at Big Bens or Union Bank, or the McDini's parking lot) and the Police Department responds then McDini's agrees to penalties, as follows: i. 1st incident: $1,000 ii. 2nd incident: $2,000 3`d incident: $3,000 If an incident occurs that requires more law enforcement resources, the cost of which exceeds the penalty, McDini's agrees to reimburse for the additional costs. c. If 4 incidents occur within a 12 month period, then all live entertainment immediately ceases and is suspended for 12 months. This condition is separate and additional to condition number 15 allowing for a revocation if there is a 10% increase in calls for service between the hours of 5:00 p.m. and 3:00 a.m. i. Applicant waives any right to an appeal for the imposition of a one year suspension of operations based upon 4 incidents occurring during a 12 month period. 3. 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. 6 4. 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. 5. 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. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 7. If approved, this Conditional Use Permit shall be subject to a six-month review in order to guarantee compliance with Conditions of Approval and to ensure no significant impacts to area residents or uses have occurred. The CUP shall be reviewed every six months after approval for a minimum of two years. 8. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. Building 9. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. Fire 10. Plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of NFPA. Planning 11. Live entertainment shall be limited to between the hours of 6 p.m. to 1 a.m. Thursday through Sunday. 12. All operations and activities, including live entertainment, shall comply with Title 12 (Noise Control) of the National City Municipal Code. 13. All doors shall remain closed during any and all live entertainment events. 14.A uniformed professional guard service shall be hired and on the premises between the hours of 6:00 p.m. and 2:00 a.m. on all nights live entertainment is provided. 7 The guard service shall patrol the outside of the premises as well as the inside, and shall prevent any loitering and/or undesirable activity in the parking lot. 15. The Conditional Use Permit shall be subject to revocation by the Planning Commission if the Chief of Police determines that the reinstatement of live entertainment has resulted in, or significantly contributed to a ten (10) percent increase in the demand for police services during the hours from 5:00 p.m. to 3:00 a.m. The demand for police services and police enforcement activities in this immediate area will be reviewed quarterly. a. An appeal may be heard before an independent arbitrator jointly selected, if the parties agree. Applicant bears the costs of any arbitration proceeding. b. If the ruling is against Applicant, a letter shall be sent to ABC requesting modification of the ABC liquor license to exclude live entertainment. 16. The Conditional Use Permit shall be subject to review by the Planning Commission one year from the date of the Resolution approving said permit. 17. The premises and parking lot shall be maintained and adequate lighting provided at the entrances, exits and the parking lot during hours of operation. The parking lot lighting shall be shielded and shall not overflow to adjacent properties. Graffiti shall be removed within 72 hours. 18. Signs shall be posted at each entrance to the applicant's premises prohibiting loitering on or in front of the premises. 19. Permittee shall post signs, to be approved by the Planning Division, on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "It is unlawful to drink an alcoholic beverage or to possess an open alcoholic beverage container in public or in a public parking lot. NCMC 10.30.050 and 10.30.060." 20. A video surveillance system shall be installed to monitor activity throughout the project site. Details for the system shall be shown on building permit (tenant improvement) plans and shall be reviewed by and be acceptable to the Police Department. 21. The property shall have a dumpster on site, which shall have a locking cover and gate. Details for the dumpster shall be shown on building plans. 22. A minimum of three guards per live entertainment event shall be present as follows: The guards/security must be licensed and certified. One armed (off duty police officer or equivalent) and two other guards for the exterior; and one staff person for the purposes of security shall be present inside. There will be a security guard present at each point of entry/exit to the premises. 23.A dress code shall be observed for live entertainment events as follows: a. No ball caps. b. No gang colors or attire. s c. No persons appearing intoxicated, inebriated, or appearing under the influence. d. No weapons. Police 24. 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 or to live entertainment. 9 ♦ ♦ ♦ ♦ ♦ % ; ; - ♦ ♦ \ 1 - ♦ , IAA 10 \ , ; 1 06 \\ i 12.4 \ ,, 4 , ,2 , 0 , �� \\ ,�- , \ ,ell L , Q- \ % \ 1 \ soA Project Location Zone Boundary , ♦ ♦ ♦ 8 1 I 1 0 75 150 CP 9 I Feet 300 105 E 8th Street APN: 556-332-20 Planning Commission Location Map 2010-33 CUP 10. 26.1 10 R1 tsm 1 _ `G •-p'- g� V1,, Y006�Microsoft Corporation andlords snbphers J 11 igY�ts reservedi Portions 8a090—'20051nSIallShiieelld Software+-mporahon All Orris reserved apping and direhtidn data® 2005 NAVTEQ. All rights reserved f4A d'and NAVTf I ON BOARS are tiadefn'drks o[:iA' EQ"t 2005 Tele Atlas North'•Amecta iric h'sfeservZd tele;Nllds and Tele Atlas North America a re tradenarks',b Te a Alras,lnc. Source: Microsoft Mappoint NCPD CAU, 4/18/07 City of National City Beat 20 11 HANDOUT ITEM NO. November 7, 2011 NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 11 /03 /2011 BUSINESS NAME: McDini's ADDRESS: 105 East 8th Street, NC, CA, 91950 OWNER NAME: Adler Howard Trust DOB: N/A OWNER ADDRESS: 105 East 8th Street , NC, CA 91950 (add additional owners on page 2) I. Type of Business ❑ Restaurant (1 pt) ❑ Market (2 pts) X Bar/Night Club (3 pts) II. Hours of Operation ❑ Daytime hours (1 pt) ❑ Close by l0pm (2 pts) X Close after l Opm (3 pts) III. Entertainment ❑ Music (1 pt) ❑ Live Music (2 pts) X Dancing/Live Music (3 pts) IV. Crime Rate ❑ Low (1 pt) O Medium (2 pts) X High (3 pts) V. Alcohol Businesses per Census Tract n Below (1 pt) X Average (2 pts) L' Above (3 pts) Notes: Revised: KA- 9/11 1 of 2 12 National City Police Departmel ABC Risk Assessment VI. Calls for Service at Location (for previous 6 months) ❑ Below (1 pt) U Average (2 pts) X Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) L Mostly commercial businesses (1 pt) X Some businesses, some residential (2 pts) ❑ Mostly residential (3 pts) VIII. Owner(s) records check No criminal incidents (1 pt) X Minor criminal incidents (2 pts) ❑ Multiple/Major criminal incidents (3 pts) Low Risk ( 12pts or Tess) Medium Risk (13 — 18pts) High Risk (19 — 24pts) Total Points 21 OWNER NAME. Benny Adler (Applicant) DOB: 06/05/1957 OWNER ADDRESS: 4565 Hewlett Dr. SD, CA 92115 OWNER NAME: OWNER ADDRESS: DOB: Recommendation: PD is not in support of this application for the reinstated live entertainment, dancing, or the construction of a stage at McDini's. PD concerns include calls for service to similar establishments in the City, including Trophy Lounge and National City Sports Lounqe. There were 104 calls for service to McDini's between October 27, 2009 and October 27, 2011. Completed by: Graham Young, Sergeant Badge ID: 365 2 of 2 13 Page 1 of I Martin Reeder From: Alicia DeLeon-Tores[adeleontorres@publicstrategies.org] Sent: Wednesday, November 02, 2011 9:50 AM To: Martin Reeder Subject: McDini's Attachments: 20110926_Map- Alcohol Related Police Activity-11.pdf; NationalCity_DIP_HotSpot_4 2011.pdf Martin, Still working on the McDini's environmental report — oy vey, there's a lot! But this may help you until I finish the report. • Located in an area known for a high concentration of Drunk in Public (2010 and 2011). I've attached the National City Police Department maps for both years. NOTE: I don't know if we can use the 2011 map in public — but it certainly has pinpointed area with 100 blk of the problem areas. This may be helpful in helping you formulate text for the report. The redder the area, the higher the problem. • The establishment's closest residential neighbor is 10 feet from their parking lot, in the alley way that connects 7th Ave and 8th Street. While 8th Street (surrounding the establishment is almost all businesses, the streets surrounding them (especially 1 block to the north) is almost residential. Should the establishment expand their hours of operation and entertainment, the residents will be impacted. There was no mention of them in the letter from McDini's to the City of National City. Note: Due to short notice, we weren't able to go during the evening hours of operation for the establishment. That would have been optimum. Alicia DeLeon -Torres South Bay Community Change Project (619) 476-9100 ext. 305 Institute for Public Strategies 303 H Street, Suite 390 Chula Vista, CA 91910 phone: (619) 576-9100 fax: (619) 476-9104 www.publicstrategies.org CONFIDENTIALITY NOTICE - This email message, including all attachments, is for the sole use of the intended recipient and may contain information protected by confidentiality laws and regulations. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you may not view, use, copy, disclose or distribute this e-mail, attachments, or any of the information contained within to anyone. If you have received this e-mail in error, do not read the content, please notify us immediately by e-mail and delete this e-mail message, attachments, and all copies. 11 /2/2011 14 Liquor Stores: ♦ off -sale Drunk in Public - National City * Off -Sale 85mg1eServe Liquor Store Hot Spot Analysis - Freeway January - December 2010 •-G- Highway — Roads Drunk in Public. 1 < 1 Arrests (No Color) Prepared 8y: Center for Community Research ® 1 - 2 Arrests EMI2 - 6 Arrests Date: April 2011 fi s - 9 Arrests Project ID: Drunk in Public (National City) El 9 - 11 Arrests Source: Institute for Public Strategies, TIGER, SANDAG 11 - 12 Arrests 12 - 13 Arrests Project Notes: Institute for Public Strategies - South ® 13 - 14 Arrests Bay Community Change Project Cities. _, 1 National City ® Other Cities 0 0.2 0.4 0.6 0.8 N Q County Mles A 'August 11, 2011 City of National City Planning Department 1243 National City Blvd National City,CA 91950 attn: Martin Reeder Dear Martin; %/ 70/0-33c�� The following is a summary of our C.U.P. modification request: McDlni's is the oldest restaurant in San Diego history, dating back to 1890. Present ownership is committed to "bridging" the colorful past into...the present. • McDini's present format incorporates a complete family restaurant, together with a full spirits bar, serving SUNDAY-WEDNESDAY from 9AM to 12AM, THURSDAYS 9A - 2AM and FRIDAY & SATURDAY 9A - 4AM. Since completing the previous 900+ sq ft expansion of the facility, we are poised to add a 6' x 20' performance stage along with a designated 9' x 20' dance floor area. Our live format has been an ongoing process since ADLER ownership purchased McDlni's in JULY 2008, operating very successfully under somewhat outdated 1985 C.U.P. conditions. Our format calls for "live music" bands, consisting of the better and more established ASIAN-AMERICAN & MEXICAN AMERICAN performers in the SOCAL region, catering to a 25 - 70yr old clientele. "Imitation is the greatest form of compliment" Hints of what McDini's "pioneered" with live music can be seen at SIMILAR venue's located elsewhere in National City, with like performers, many of whom started at McDini's. LIVE MUSIC is a key to the continued success of McDini's. McDini's ownership is not interested in operating as a club, typically with a 21 & Up clientele (Class 48 license) catering to a niteclub crowd featuring a DJ or karaoke. We are fixated upon attracting and presenting (aside from regional acts), former Billboard Top 100 music acts, ie.... The Contours (Do You Love Me? 1962-Motown) Little Joe y La Familia (Latinaires) Paula Estrada and the Latinaires (Hello Stranger 1962) The West Coast Platters (Only You 1958) Barbara Mason (Yes I'm Ready #2 Billboard 1965) Tierra (Together #10 Billboard 1981) The Intruders (Cowboys to Girls #1 Billboard 1968) Bretton Wood (Gimme little sign 1967 #9 Billboard) and many others of reknowned quality. "Why Live Music?" This is the sincerest form of entertainment that caters to a more appreciative audience, attracting families of all ages and denominations looking to "re -live" or experience the past, in a smaller, (251 capacity) venue, like McDini's. McDlni's also wants to offer dancing to complement live performances, along with local dance troupes, offering both lessons and performances during future live shows, featuring "Hustle, Jitter Bug & Salsa" competitions, typically attractinga 60 to 80yr-old clientele. With our recent 2011 Bldg Safety Compliant upgrade, along with the expanded usage area, we are able to comfortably offer this setting, attracting a new and unique clientele, along with the comforts of our legendary restaurant & bar. 16 Exterior windows are 1-1/2" thick , double glass to ensure soundproofing facing the residents to the south, stage would be directed in area to the west, facing SOLOMON FACTORY DIRECT (furniture) towards the water. Parking is adequate within our adjacent lot. Since performances would be limited to 6P - 1AM, all (7) area businesses close at 5PM allowing sufficient off street parking, along with permitted access to the school parking structure (48 spaces) located at 8th & Nati City Blvd's. Requested "live" dates would be THURS-SUNDAY 6P - 1AM. An added benefit to having the restaurant operating during perfomance times will be to maintain serving until 2AM on performance nights, with the possible addition of 24hr food service on FRIDAYS & SATURDAYS. With the recent closure of another of National City institutions, (George's Cakes) McDlni's also plans to acquire the rights to the name and select former staff to produce bakery offerings within our expanded kitchen area. This, along with added products, will bring more sales tax revenue, along with regional recognition, in an area that is otherwise blighted. Licensed and trained, uniformed security guards (2) will be on site during all live shows, before & after shows to assist in any issues, orderly arrivals and departures_ Ownership and management would be present during all shows to assist with any issues. If NCPD visits are required, we would offer to pay $100. per visit on a weekly (or as contacted) voluntary basis, to be paid directly to the city treasurer upon billing forthwith. We thank you for this exciting opportunity to bridge the past to the present. Sincerely; Benny Adler McDlni's Restaurant Corp 17 MCDINCS RESTAURAN & BAR BUILDING NATIONAL CITY, CA PARkiN La-r 62.5' 20 A (1.1 100' 57' * Dimensions are approximate* 12X1-i IF) rr A LA -Se, Le- d. 2-010 c_w1Z t()ArT'a'. g(1/2.on CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 21, 2012 AGENDA ITEM NO. 14 EM TITLE: Resolution taking action on a Conditional Use Permit for Live Entertainment at McDini's Bar/Restaurant, located at 105 East 8th St., with a Zone Variance for less than required parking (Applicant: Benny Adler) (Case File 2010-33 CUP, Z) PREPARED BY: Martin Reeder DEPARTMENT: Devel PHONE: 336-4313 APPROVED BY: EXPLANATION: The City Council conducted hearings on this item at the February 7 and 21, 2012 City Council meetings. The attached resolution is needed to take action on the item. t vcs/Planning. 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: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: solution RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR LIVE ENTERTAINMENT AT MCDINI'S BAR/RESTAURANT LOCATED AT 105 EAST 8TH STREET WITH A ZONE VARIANCE FOR LESS THAN REQUIRED PARKING WHEREAS, the Planning Commission considered a Conditional Use Permit for Live Entertainment at McDini's Bar/Restaurant, located at 105 East 8th Street with a Zone Variance for less than required parking at a duly advertised public hearings held on November 7 and December 5, 2011, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing, the Planning Commission considered the staff report contained in Case File No. 2010-33 CUP, maintained by the City and incorporated herein by reference, along with evidence and testimony from said hearing; and WHEREAS, the Planning Commission voted to approve the Conditional Use Permit for Live Entertainment at McDini's Bar/Restaurant located at 105 East 8`h Street with a Zone Variance for less than required parking by a unanimous vote in favor of approval; and WHEREAS, a Notice of Determination was before the City Council on January 10, 2012, and a public hearing was set for February 7, 2012, and continued to February 21, 2012; and WHEREAS, the City Council considered a Conditional Use Permit for Live Entertainment at McDini's Bar/Restaurant, located at 105 East 8th Street, with a Zone Variance for less than required parking at duly advertised public hearings held on February 7 and 21, 2012, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing, the City Council considered the staff report contained in Case File No. 2010-33 CUP, maintained by the City and incorporated herein by reference along with evidence and testimony from said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by state and City laws; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the testimony and evidence presented to the City Council at the public hearings held on February 7 and 21, 2012, support the following findings: RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the addition of 835 square feet would be inside the existing building envelope and the extension of live entertainment hours and the addition of dancing would occur inside the existing building. Resolution No. 2012 — February 21, 2012 Page Two 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 subsequent 84 additional average daily trips can easily be accommodated by 8th Street, an arterial street. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the live entertainment and dancing activities would occur inside an existing building previously devoted to similar uses. Also, conditions of approval controlling said activities on site will reduce any potential for adverse effects. RECOMMENDED FINDINGS FOR APPROVAL OF THE ZONE VARIANCE 1. Because of special circumstances applicable to the property, including size and surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other properties in the vicinity and under the identical zone classification, since the property is completely developed and cannot be modified to construct additional parking, and since the building is not being expanded beyond the existing envelope within which the expansion is proposed. 2. The requested Variance is subject to such conditions that will assure that the authorized adjustment will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since there are multiple businesses in the Downtown Specific Plan Area that have less than required parking or no parking in some cases, and since the majority of area businesses are closed in the evenings when the majority of the subject property's patrons are in attendance, thus making nearby street parking spaces available. 3. The Variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since the existing bar/restaurant use is permitted in Downtown Specific Plan Development Zone 9. 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 an approximately 835 square -foot interior addition, live entertainment, and dancing from 6 p.m. to 1 a.m., Thursday through Sunday, and the construction of a 6-foot by 20-foot stage, with a 9-foot by 20-foot dance area for the live entertainment. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2010-33 CUP, dated September 1, 2011. 2. No live entertainment, dancing, or construction of any stage or dancing area may commence until the stipulated judgment has been rescinded or modified appropriately so as to allow for such activities. In the event that the stipulated judgment is modified to allow for live entertainment, the following conditions shall apply: Resolution No. 2012 — February 21, 2012 Page Three a. If after 12 consecutive months there are no incidents, the parties agree to meet to discuss whether the stipulated judgment should remain in place. b. If any incidents involving calls for service involving any types of violence occur in a 12 month period at McDini's, the areas adjacent to McDini's, at Big Bens or Union Bank, or the McDini's parking lot, and the Police Department responds, then McDini's agrees to penalties, as follows: lst incident: $1,000 ii. 2nd incident: $2,000 3rd incident: $3,000 If an incident occurs that requires more law enforcement resources, the cost of which exceeds the penalty, McDini's agrees to reimburse for the additional costs. c. If four incidents occur within a 12 month period, then all live entertainment immediately ceases and is suspended for 12 months. This condition is separate and additional to condition number 15 allowing for a revocation if there is a 10% increase in calls for service between the hours of 5:00 p.m. and 3:00 a.m. Applicant waives any right to an appeal for the imposition of a one year suspension of operations based upon four incidents occurring during a 12 month period. 3. 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 to the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval, unless extended according to procedures specified in Section 18.116.190 of the National City Municipal Code. 5. 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. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Division 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 Resolution No. 2012 — February 21, 2012 Page Four 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 City Manager, or designee, prior to recordation. 7. If approved, this Conditional Use Permit shall be subject to a six-month review in order to guarantee compliance with Conditions of Approval, and to ensure no significant impacts to area residents or uses have occurred. The CUP shall be reviewed every six months after approval for a minimum of two years. 8. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. BUILDING 9. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential, and Green Codes. FIRE 10. Plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of National Fire Protection Agency ("NFPA"). PLANNING 11. Live entertainment shall be limited to between the hours of 6 p.m. to 1 a.m., Thursday through Sunday. 12. All operations and activities, including live entertainment, shall comply with Title 12 (Noise Control) of the National City Municipal Code. 13. All doors shall remain closed during any and all live entertainment events. 14. A uniformed professional guard service shall be hired and on the premises between the hours of 6:00 p.m. and 2:00 a.m., on all nights live entertainment is provided. The guard service shall patrol the outside of the premises as well as the inside, and shall prevent any loitering and/or undesirable activity in the parking lot. 15. The Conditional Use Permit shall be subject to revocation by the Planning Commission if the Chief of Police determines that the reinstatement of live entertainment has resulted in or significantly contributed to a ten percent (10%) increase in the demand for police services during the hours of 5:00 p.m. to 3:00 a.m. The demand for police services and police enforcement activities in this immediate area will be reviewed quarterly. a. An appeal may be heard before an independent arbitrator jointly selected, if the parties agree. Applicant bears the costs of any arbitration proceeding. Resolution No. 2012 — February 21, 2012 Page Four b. If the ruling is against Applicant, a letter shall be sent to the Department of Alcoholic Beverage Control ("ABC") requesting modification of the ABC liquor license to exclude live entertainment. 16. The Conditional Use Permit shall be subject to review by the Planning Commission one year from the date of the Resolution approving said permit. 17. The premises and parking lot shall be maintained and adequate lighting provided at the entrances, exits, and the parking lot during hours of operation. The parking lot lighting shall be shielded and shall not overflow to adjacent properties. Graffiti shall be removed within 72 hours. 18. Signs shall be posted at each entrance to the applicant's premises prohibiting loitering on or in front of the premises. 19. Permittee shall post signs, to be approved by the Planning Division, on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: It is unlawful to drink an alcoholic beverage or to possess an open alcoholic beverage container in public or in a public parking lot. NCMC 10.30.050 and 10.30.060. 20. A video surveillance system shall be installed to monitor activity throughout the project site. Details for the system shall be shown on building permit (tenant improvement) plans and shall be reviewed by and be acceptable to the Police Department. 21. The property shall have a dumpster on site, which shall have a locking cover and gate. Details for the dumpster shall be shown on building plans. 22. A minimum of three guards per live entertainment event shall be present as follows: The guards/security must be licensed and certified. One armed guard (off duty police officer or equivalent) and two other guards for the exterior; and one staff person for the purposes of security shall be present inside. There will be a security guard present at each point of entry/exit to the premises. 23. A dress code shall be observed for live entertainment events as follows: a. No ball caps. b. No gang colors or attire. c. No persons appearing intoxicated, inebriated, or appearing under the influence. d. No weapons. Resolution No. 2012 — February 21, 2012 Page Five POLICE 24. 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 or to live entertainment. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 21st day of February, 2012. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 21, 2012 AGENDA ITEM NO. 1_5 _ _ ;M TITLE: Resolution of the City Council of the City of National City endorsing the Keys to the Housing Advisory Council and Steering Committee's Housing Toolbox which identifies regional strategies and actions to address family homelessness. (Administrative Services, Housing and Grants) PREPARED BY: Alfredo Ybarra, Community Dev. Manager DEPARTMENT: Administrative Services PHONE: 619 336-4279 APPROVED ) EXPLANATION: The San Diego Grantmakers Homelessness Working Group embarked on an effort to address episodic homelessness. The working group was established in May 2010 as a collaboration of private foundations, public governments, and other key stakeholders. The Keys to Housing Advisory Council and Steering Committee met regularly over the past year to develop a regional vision of ending family homelessness, with the goal that the "keys" will be adopted and implemented by jurisdictions and agencies in the region. The Keys to Housing Advisory Council and Steering Committee have developed a Toolbox to end family homelessness based on best practices. The Toolbox is a compilation of strategies from which stakeholders can identify actions items that can be incorporated into their own plans. National City has heen an active jurisdiction on the Advisory Council with Councilmember Rosalie Zarate and jncilmember Mona Rios participating. The City of San Diego, City of Chula Vista, and City of Solana . ach have already adopted a Resolution endorsing the Housing Toolbox. FINANCIAL STATEMENT: APPROVED: '�- Finance ACCOUNT NO. APPROVED: MIS There is no current fiscal impact to the General Fund as no action is being tak n to fund or implement programs. ENVIRONMENTAL REVIEW: Not applicable to this report. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends the adoption of a City Council Resolution endorsing the Housing Toolbox. BOARD 1 COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: 1. 'Background Report 2. Keys to Housing: A Toolbox to End Family Homelessness Initiative Guide RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ENDORSING THE KEYS TO THE HOUSING ADVISORY COUNCIL AND STEERING COMMITTEE'S HOUSING TOOLBOX, WHICH IDENTIFIES REGIONAL STRATEGIES AND ACTIONS TO ADDRESS FAMILY HOMELESSNESS WHEREAS, 13,200 homeless children in the San Diego region were served by public school homeless liaisons in 2010; and WHEREAS, each night nearly 1,700 children in the region live on the streets, in shelters, or in cars or other places not meant for human habitation; and WHEREAS, affordable housing, education and employment have been proven to positively impact the ability of families to maintain stable homes and productive participation in the community; and WHEREAS, housing, education and employment are also recognized as keys in the prevention of and recovery from homelessness; and WHEREAS, stable housing is a proven platform for improved outcomes in education and health; and WHEREAS, over the past two years, homeless prevention and rapid re -housing services have proven effective in preventing and ending homelessness for nearly 2,000 households in our local communities; and WHEREAS, the United States Interagency Council on the Homeless has established a goal of ending family homelessness by 2020; and WHEREAS, in May, 2010, the San Diego Grantmakers Homelessness Working Group (the "Working Group") was established to address episodic homelessness in the San Diego region, and to advise the Keys to Housing Advisory Council and Steering Committee; and WHEREAS, as a result of the efforts of the Working Group, the Keys to Housing Advisory Council and Steering Committee developed a Housing Toolbox to end family homelessness based on best practices; and WHEREAS, the Housing Toolbox is a compilation of strategies from which stakeholders can identify action items that can be incorporated into their own plans. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby endorses the Housing Toolbox, will join with other jurisdictions and organizations to take action, and will measure progress in achieving the goal of ending family homelessness by 2020. --- Signature Page to Follow --- Resolution No. 2012 — Page Two PASSED and ADOPTED this 21st day of February, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Attachment 1 BACKGROUND The public perception and face of homelessness in the region is changing as more families struggle with today's economic challenges. Some individuals seek out emergency housing only for a short time because of a temporary crisis like a job loss, eviction or an episode of violence in their home. The largest group is families with children. Often families experiencing episodic homelessness can return to housing in a short period of time, with small instances of recidivism. The San Diego Grantmakers Homelessness Working Group embarked on an effort to address episodic homelessness. The working group was established in May 2010 as a collaboration of private foundations, public governments, and other key stakeholders. The Keys to Housing Advisory Council and Steering Committee met regularly over the past year to develop a regional vision of ending family homelessness, with the goal that the "keys" will be adopted and implemented by jurisdictions and agencies in the region. The plan was developed as a Toolbox, rather than a mandated plan. In this way stakeholders can identify those strategies and action items that they can and will incorporate into their own action plans. The City of San Diego, Chula Vista, and Solana Beach have adopted a resolution toward endorsement of the Housing Toolbox to end family homelessness. The City of Oceanside is pending adoption. The Toolbox consists of eight outcomes in five key areas: Leadership, Policies & Advocacy • Policies are changed/created/implemented to increase stability and support families • A sustainable structure is created and ensures implementation of goals Capacity, Data and Coordination of Services and Resources • Multiple pathways exist to access resources, centralize information and increase capacity and coordination of services and agencies Permanent Affordable Housing • The number of affordable housing units in the region is increased Increased Economic Security and Stability • Family members are fully employed and earn at sustainable income levels • Families increase financial stability and move to self-sufficiency Prevention • Families are identified as at -risk and assisted prior to losing housing • The number of families in poverty that enter homelessness is reduced The only action requested today is support for the regional plan. The City of National City will look at these strategies, along with other housing issues over the next year as we develop the Housing Element, a State mandated Element of the General Plan. Attachment 1 This page is left intentionally blank Attachment 2 risis House Laura answers the door with wet hair, a smiling seven year -old hanging onto her legs. This morn and her three daughters live in a one -bedroom apartment in South San Diego. What they are lacking in space they more than make up in love and energy. The girls giggle and play about the apartment, which is cozy and clean. Laura graduated from the El Cajon Crisis House's domestic violence program. She had been living with a boyfriend who was physically and verbally abusive; Laura began to fear for her family's safety. "I knew I had to get us out of this, but I just didn't know how. I didn't make enough money to support three girls on my awn,". Laura remembers. After one violent incident, Laura couldn't take it anymore. Desperate, she called 2-1-1 and explained her situation. They connected her immediately with Crisis House. "They took us in and gave us somewhere safe to go. They also gave us counseling and taught me time management and budgeting skills —it changed our lives," Laura said. Today, life is safe for Laura's family_ With rental assistance from the Crisis House, they are living in an affordable apartment. Laura has plenty of time to care for her girls and is also attending nursing school full time. She is grateful for the Crisis House's support but states, "I can't wait to he able to do all this on my own. Whon I become a nurse I'll make enough to take care of everybody." This year, Laura and the girls took their first trip home to visit family. Laura's youngest looks at her with excitement. "The girls love telling this story," Laura smiles, a story with a happy ending. Table of Contents 2 if 5 5 6 Leadership, Policies & Advocacy 1 Policies are changed/created/implemented to increase stability and support families 8 2. A sustainable srrucrure is created and ensures implementation of goals 10 Capacity, Data and Coordination of Services and Resources 3. Multiple pathways exist to access resources, centralize information, and increase capacity and coordination of services and agencies 14 Permanent Affordable Housing 4 The number of affordable housing units in the region is increased 18 Increased Economic Security and Stability 5. Family members are fully employed and earn at sustainable income levels Increased Stability 22 6 Families increase financial stability and move to self-sufficiency 26 I 1A.'vent.Yor 7. Families are identified as at -risk and assisted prior to losing housing 28 8. The number of families at poverty level that enter homelessness is reduced 31 34 36 Ending Family Homelessness was established in May 2010 as an initiative of San Diego Grantmakers I lomelessness Working Group, a collaboration of private foundations, public government funders and other key stakeholders. For more information, go to w ww.keystohousing.org, email infokeystohousing.org, or contact San Diego Grantmakers at 858-875-3333. 1 We Can End Fam child struggles to concentrate on homework in the ,.s corner of a noisy and overcrowded apartment. A a -mother and her two young children couch surfing every evening. A family living in their car and "bathing" in the sink at the local park hathroom.That is what family homelessness looks like. For many San Diegans, these families go unseen and their stories untold_ Often homeless for the first time due to loss of job, medical emergencies or their landlord's foreclosure issues. homeless families look very different than the pictures of homelessness that host frequently come to mind. 1 he numbers are growing_ Since 2008, our region has accounted for an 83r/o increase in children reported homeless by the annual school homeless count. Schools - based homeless liaisons are serving children and their families who often are living doubled up with another family, in their cars, in shelters, or on the streets. The children come to school hungry, anxious, exhausted, and unable to succeed in school. Children who are homeless have lower academic achievement, exacerbated by frequent moves and psychological distress.' CAR/di-en ,ceCe%✓r9 WaMe/e55 Set✓;Ce5 - S_)C CWW(7.e of &lac^ae;on lerrOCTOT y Homelessness In 2010, community stakeholders began meeting in cross -- sector discussions, under the auspices of the San Diego Grantmakers Homelessness Working Group's Keys to Housing: Ending Fancily Homelessness initiative to develop a regional vision and strategies to combat this growing concern. Regional approach is the key word. Family homelessness exists in every corner of our county. It affects and is affected by employment, income levels and disparities, housing costs and inventory, healthcare access, education, and food supply. Solving and ending, family homelessness is within our reach. And it is less expensive to prevent family homelessness than the cost of the status quo. ,But until sve adopt a regional vision to end family homelessness and agree to each rake .m at R'e role m1 seising ,he issue, we will not see sustainable change on those outcomes we most value. The Keys to Flowing Advisory Council of elected leaders, chaired hy Todd Gloria, San Diego City Conncilmember District 3, and the Steering Committee of broad -based community stakeholders, met regularly over the past year to develop a vision and explore effective strategies_The result? A Toolbox of potential actions in five key areas to achieve eight essential outcomes. Using the tools in these key areas, we can accomplish the eight outcomes - and end family homelessness by 2020. ' National Center on Family Ho-ielexsness. 2008, The Charanerishcs & Needs of Families Experiencing-Icnelessness, 1,1tp /hwvw.'amilvhamelessness nrg/melia/1a7_pdf 2 adelsill , Po • Policies are changed/ created/implemented to increase stability and support families • A sustainable structure is created and ensures implementation of goals • Multiple pathways exist to access resources, centralize information and increase capacity and coordination of services and agencies t'el"1311iuer t AiIortiable Hotts tee • The number of affordable housing units In the region is increased ' 'F;ont- • Family members are fully employed and earn at sustainable income levels • Families increase financial stability and move to self-sufficiency • Families are identified as at -risk and assisted prior to losing housing • The number of families in poverty that enter homelessness is reduced Homeless families look very similar to low-income families; there is often just rile p.ivrheek, oar I:iedical hill, or one emergency that separates the two, as homeless families tend to have fewer economic, social and housing resources_' Solving the problems of family homelessness will logically use some of the strategies for addressing poverty. Strengthening our families to help them become more economically secure and self-sufficient will require a critical review and potentially significant changes to the policies, programs and funding for our most vulnerable residents. Nationally, about one percent of Americans will experience homelessness over the course of a year; 50% are members of homeless families. Across our community, our state, and the nation, there is a shortage of resources to solve all the issues we face. Collaborative and coordinated use of precious resources is critical for implementing long-range strategies with long -terra results. In 2009, the American Recovery and Reinvestnrent Act sensed as a springboard for developing new community strategies to end family honaelessness.The $13 million of Homeless Prevention and Rapid Re -housing temporary program funds brought into our community during the period October 2009 - March 2011 prevented 1,350 families from becoming homeless, and secured housing for more than 730 already homeless families. But when short-term programs end, we can be left with the same problems if we do not learn the lessons they offer and work to sustain successful strategies.This Toolbox seeks to take the lessons learned through the stimulus funding as an important starting point for the future_ The timing is right to take on the issues of low-income families who are at risk or experiencing family homelessness. The Federal government's enactment of the I I1 ARTH Act, which redefines how resources for all homeless people will he shared and prioritized, is a great catalyst for broader collaboration_ U.S. Department of Housing and Urban Development (HUD) and the U.S. Interagency Council on Homelessness are looking at how housing, employment, transportation, and health and social services all intersect to build stronger communities. San Diego County jurisdictions must also develop new Housing Element plans for the period 2013 — 2020, and will need to assess policies and programs to meet the housing needs of their future residents. State government is looking at opportunities to implement an interagency council to parallel the national council and coordinate efforts across California. The impact of the recent major recession will continue to drain resources and challenge our economy during this decade. Keys to HnusiogAdvisory Council and Steering Committee have developed this as a Toolbox, rather than a mandated plan, so that jurisdictions, provides- agencies, community groups, employers and the business community, housing advocates, and other stakeholders can grab hold of those strategies and action items that they can and will incorporate into their own action plans and for which they will take on 'National Alliance to End Homelessness. 200E: Sourcebook. \Neat You Should {now About Family Homelessness. www. endhomelessness orgicontentianicle/detail/I006 3 responsibility.Asa community, sve will measure our progress to our goals in eight overarching outcomes_ We will report hack to each other on our progress and to the community at -large each year, sharing responsibility for the results. In 2020, we will he able to assess the status of our community, and recognize how far we have cone to support and stabilize vulnerable taulilies, and in the process strengthen our community This Toolbox to end family homelessness is based on hest practices from our community and around the country, and the shared wisdom of the planning processes chat cline before 'The San Dieio 10-Year Plan to End Chronic 1 lomelessness (PTFCH) or Home Again project now administered by United Way, outlined strategics that are mirrored in the toolbox. Likewise, strategies from the HUD Strategic Plan 2010-15, the U.S. Interagency Council on 1-Iomelessness Plan, and the draft of the California Plan for Family I louu'lessness were incorporated to build on existing efforts, priorities and funding snrams.Thc Regional Continuum of Care Council (RCCC) as the region's coordinating body for all types of homelessness began planning chapters for a comprehensive Blueprint prier to the launch plan to end chronic homelessness. The toolbox is both a compilation of strategies recently identified by diverse stakeholders during Keys meetings, as well the lessons learned over the past two decades. It is important to have the right tool for the each situation. As no two cities or tsa,o agencies are identical, it is the intention of the Keys to Housing initiative to otter many tools, and request that stakeholder groups identify which ones they may choose to use, so that a measure of accountability across the county can he established_ Falttrooy U aon Elementary v Cans( 4 Umxhed y Carlsbad San Marco's,'�' Uifiw umfiey E.:wits% Oman 'A1 �. Elemunlarv..... Cardli .' Har_ho Santa Fe temeritaty Elemenra,y Solaria Beach EkmentaP,.....:.... Homeless Students by Unified and Elernentar' School District TOTAL HOMELESS Lobe Ark San Diego Unified: Homeless Students by ZIP code Va'ley Center. Pauma Unshed an Pasqua' tin on remenaary POwbl Vn&zd a Mesa Spunq 'J&4er- Leman G,cve CNula Vista Elementar,a Ramona Cny Un�n.gd Lahe,- a Un,cr Elnmon;ary Jamw-U.dzvra -,) Unan Elemerrar-, Mountain Empire, Un;Gcd 4 f Eiectcod Leaflets Chair Todd Gloria, .San Diego City Councilmeurber, 3rd Datnct Chula Vista Steve Castaneda, Courtrihrternber Coronado Carrie Downey, Coatncilnaember Encinitas Maggie Houlihan, Corrncilmember Teresa Barth, Couruilmentber Escondido Olga Diaz, Councihnernber La Mesa Art Madrid, Mayor Lemon Grove George Gastil, Counnlrrrentber National City Rosalie Zarace, Councilmetnber lona Rios, Councihnernber Poway Jim Cunningham, Cotur.cilrnember San Diego Marti Emerald, Councilrnernber 7d, District Sherri Lightner, Councilnrember 1st District San Marcos Kristal Jabara, Corenrilniernber Solana Beach Lesa Heebner,;l1ayor California State Assembly Dist 76 Toni Atkins, Assembly number Chair Mary Herron, The Parker Foturdarton Alliance Healthcare Foundation Arthur R oke Corporation for Supportive Housing Simonnc Ruff HomeAgain Brian Maienschein Leichtag Family Foundation Sharyn Goodson McCarthy Family Foundation Tim McCarthy Regional Task Force on the Homeless Peter- Callstrom San Diego Housing Commission Cissy Fisher & Kathi Houck San Diego Social Venture Partners Karen Brailean Union Bank Kathy Patoff United Way of San Diego County Carol Williams U.S. Dept. IIUD Frank Riley Chair Mary Herron,The Parker Foundation 211 San Diego John C)hanian & Gabe Kendall Affordable I lousing Advocates Catherine A_ Rodman City of Chula Vista Amanda Mills City of E1 Cajon Jamie Kasvikis City of Oceanside Margery Pierce & Angie I lanihn City of Santee Joyce Easley Community Health Improvement Partners Kristin Garrett & Clyde "Bud" Beck, MD Community HousingWorks Sue Reynolds & Patti Hamic-Christensen Corporation for Supportive Housing Simonnc Ruff &TriciaTask) Levier County of San Diego HCD Dolores Diaz County of -San Diego HHSA Rene Santiago &YolandaValdez Family Health Centers Fran Butler -Cohen HomeAgain/United Way Brian Maienschein & Lance \Vitnaondr HomeStart Laura Mustari Hospital Association of San Diego & Imperial Counties Judith Yates Housing Advocate llannah Cohen Housing Opportunities Collaborative Vino Paanor Interfaith Shelter Network Rosemary Johnston LeSar Consultants/Ending Homeless in Downtown San Diego Campaign Matthew Doherty Manpower Inc. Trevor Blair North County Alliance for Regional Solutions Donald Stump ReBOOT Ronne Homan Regional Continuum of Care Council Patricia Leslie Regional Task Force on Homeless Peter Callstrom & Annc Kerr San Diego Association of Governments (SANDAG) Susan Baldwin San Diego County Apartment Association Alan Pentico San Diego County Bar Foundation Briana Wagner San Diego County Office of Education Michelle Lustig & Sophie Lor San Diego I lousing Commission Lissy Fisher & Kathi Houck San Diego Housing Federation Susan Riggs Tinsky & Doris Payne -Camp San Diego Regional Chamber of -Commerce Mike Nagy San Diego SocialVenture Partners Karen Brailcan San Diego State University Institute of Public Health Sherry Patheal San Diego Workforce Partnership Jessica Mosier & Chuck Flacks Service Employees International Union Sherry Rednour University of California Extension Division Locke Fpsren US Dept. Housing & Urban Development (HUD) Frank Riley & Myrna Pascual US Dept. Veteran's Affairs Clay King 6 HPRP It's easy to see that Ron and Cody are related —they are both tall and lean with light blond hair and kind faces. The father and son seem relaxed sitting next to the small pool in their El Cajon apartment complex. "I went through some real hard stuff there for about a year," Ron reflects."It was my morn, my heart, my job everything all at once." Last year, when Ron's mother was diagnosed with Alzheimers disease, Ron and his teenaged son moved in to help her. Soon after, Ron was diagnosed with a heart condition that left him unable to work. The same week as his scheduled surgery, Ron's mom was moved into a nursing home and within a month her property was put on the market and sold. Ron found himself with no job, no money and no place to go. Out of options, he sent Cody to stay with his mom. Ron moved from seedy trailers to drug houses, to motels that he paid for with credit cards he had no hope of returning payment on. Lost without his son, Ron searched for ways to get Cody back. He called the Grossmont Resource Center to ask about help with transportation to and from Cody's school, which wasn't accessible by any bus lines. The case manager he spoke with connected Ron with the Homeless Prevention and Rapid Rehousing program and within two and a half weeks Cody and Ron had a place of their own. "I'm a Christian man and this was almost a miracle. We stayed there for a year while I gut back on my feet and then we were able to afford this place," Ron motions to a serene courtyard in the middle of their complex in this quiet suburban neighborhood. Today Ron has a good paying job with great benefits at the San Diego Zoo. He seems content with his situation and proud to he able to provide for his son. "I always tell him, don't be like me. I partied until I was 41," smiling, Ron elbows his son. Cody shakes his head and reminds his dad of his 3.2 GPA. After high school, Cody wants to join the navy, become a cryptologist and see the world. Ron shudders to imagine what would have happened without HPRP. "I needed help. We never would have been here. All this never would have been possible without the help of that program." Leadership, olicies trong leadership and political wi11 are essential to ending family homelessness. Innovative public policies are required to address the needs of low-income families, coordinate appropriate use of public resources, and ensure that the region receives its fair share of state and federal resources. In addition, by working regionally these policies can assure equitable distribution to match the needs of families throughout the region. The Keys to flouring initiative identifies best practices which combine innovative methods with improved coordination of services at the jurisdiction level to make changes in every community.The next step is for jurisdictions to adopt the practices and tools either as individual cities or a region as a whole. Working together, our community can be on the cutting edge for ending homelessness and ensuring stability for families. Most would agree that the greatest barriers to maintaining housing in San Diego are the high cost of housing and a lack of adequate inventory of affordable housing. Many cities have already increased capacity of affordable housing through zoning and land use changes_Within the City of San Diego redevelopment zones, more than 2,410 units of affordable housing have been created since 2005- During the Keys to Housing evaluation of the 2005 — 2010 Housing Elements, it became clear that some. jurisdictions were able to accomplish more than others -The hest practices that became evident from this comparison were 'Ibe use of numerous tools to increase the quantity of affordable housing inclusionary housing ordinances with provision to add housing units rather than in -lieu fees at rates inadequate to add units http/,'wwwv homebaseccc.org/PDFs/CATenYearPlan/DraltCA5 5or'lanpat dvecacy • Capacity within jurisdiction to allocate adequate staff resources to affordable housing • Density bonus and accessory dwelling units/conversion of illegal nnio ordinances • Identification of underutilized sites to meet Stuart Growth objectives Numerous policies have been identified for potential regionalization, ui:Iudi . c those focused on increasing the inventory of affordable housing, enhancing resource coordination, and developing economic security They include: • the development of -region -wide prioritization of needs and services; • pooling of federal, state and local funding; agreement across the region on allocation of resources such as Community Development Block Grant funds for vulnerable families; • land banking and the development of a county -wide HousingTrust Fund; and, • standardization of ordinances including zoning and linkage fees. The U.S. Interagency Council on Hoinelessness's strategic plan, Opening Doors: Federal Strategic Plan to Prevent and End Homelessness 2010, calls for engagement of state and local leaders along with citizens and the private sector to promote collaborative leadership. California legislators support the implcnicntation and funding of a ,,Late interagency Council, as called for in the State Action Plan for Cali%orntia Homeless Families.' Through the implementation of the Keys to Housing tools, San Diego region can take a leadership role with the state Interagency Council, illustrate effective best practices for access to affordable housing, coordinate resources, motivate business to create sustainable wage jobs, and provide appropriate resources to stabilize and strengthen families. Using these strengths to our advantage, it is time to develop and implement policies that will achieve real improvement for our region. 8 What we will measure to track our progress over time: • Number and impact of policies adopted for regionalization from Jurisdiction Consolidated Plans and annual action plans • Number of new/revised policies included in 2013 Housing Elements and reported in annual reports to State HCD • Memoranda of Understanding between jurisdictions adopted 1.1 1.22 1.23 1.24 1.3 Action Potential policies are identified as best practices regionally and nationally • Build local support and advocate for an optimal mix of diverse housing and services options • Convene regular opportunities for elected leaders, providers and other stakeholders to learn about best practices that are cost-effective • Increase awareness to overcome opposition and address public concerns Best practice policies already enacted by individual cities or County are adopted by other jurisdictions • Engage housing developers, funding agencies. affordable housing advocates and others to review zoning and building codes that provide barriers to affordable housing; review recommendations • Ensure that all new housing developments include a % for affordable housing • Encourage development of affordable housing along transit lines in line with SB 375 and Sustainable San Diego policies • Collaborate to address regulatory barriers hindering best practices Best practice policies identified from outside the region are adopted by local jurisdictions • Investigate shift to outcomes -based contracts focused on housing and stability outcomes Key policies for regional adoption are identified and enacted by all jurisdictions • Advocate for increased and targeted state and federal resources including revsion of federal funding formula, establishing housing trust funds, establishing state interagency council, and other critical policies Time Frame Yrs1-5 Yrs1-10 Yrs2-10 Yrs2-10 Proposed Partners Jurisdictions, SANDAG Jurisdiction staff & elected leaders Jurisdiction staff & elected leaders Jurisdiction staff & elected leaders, SANDAL 9 Leaders ip, Policies & Advocacy he phi ase "Collective Impact" is one catching fire throughout the county_ Coined by John Kania and Mark Kramer in their Winter 2011 article in Stanford Social Innovation Review', collective impact is not a new concept; it speaks of highly engaged collaboration across all sectors leading to system and endemic change with long- range impact and community improvement.The Keys to Housing initiative fits the collective impact model as it was created through broad collaboration across all sectors in San Diego County_ One of the five critical conditions of collective impact is chc need for a backbone support organization to provide continuous communication between partners and to coordinate multiple and mutually reinforcing activities focused on a common agenda with shared measurement systems -This organization must be able to "plan, manage and support the initiative through ongoing facilitation, technology and communications support, data collection and reporting, and handling the myriad logistical and administrative details needed for the initiative to function smoothly" The authors note the need for a highly structured process for effective decision -making. Over the course of the Keys to Housing planning process, elected leaders and regional stakeholders reviewed best practices across the country for sustaining efforts to end family homelessness by 2020These discussions lcd to the design of this potential structure- ° Kava. J . aid Kramer. M. Winer 2011. Collective Impact. Stanfom Social Innovanon Review 10 POTENTIAL STRUCTURE FOR IMPLEMENTATION AND SUSTAINABILITY ENDING HOMELESSNESS IN SAN DIEGO COUNTY Elected Leaders from each region Presents Reports to SANDAG Executive Director support staff REGIONAL PARENT ORGANI7ATION Not -for -profit Executive Committee Business Education - School Districts Health Care Housing Development. Law Enforcement Legal Aid Philanthropy Public Housing Public Social Services Redevelopment Social Service Agencies Workforce or Labor Provider community Advisory capacity Identifies regional issues & priorities Government Agencies Advisory capacity Identifies regional issues & priorities; develops strategies for coordination Data & Evaluation Committee Resource Coordination Committee Special Populations Committee Public Awareness.:. Committee Outcomes & Compliances Comrn ittee Keys recommends a 501 c3 as the appropriate structure for the San Diego region due to the non-profit ability to be nimble, attract public and private resources, and potentially serve as a fiscal agent for homeless funding_ fhe Regional Continuum of Care Council was esrabiished in 199-1 .0 the region -wide volunteer, community -based collaborative to engage and coordinate efforts of -organizations serving the homeless population. Currently the community is evaluating a change in structure to align with the new HUD priorities and policies, and to increase the capacity of the region_The Keys to dousing Steering Committee and Advisory Council have encouraged the RCCC consider to becoming the backbone organization for all homeless efforts, including as the structure for the coordination and sustainability of activities and outcomes outlined in the Keys to Housing: Ending Family Nomelescuecs Toolbox. ource Planning Committee Preuen€ion Committee Development of a Board ofDirectors with cross -sector representation and leadership by elected officials, who engage in implementation and on -going measurement of accomplishments is critical to the achievement of the eight outcornrs.A report card focused on key indicators for each of the eight outcomes will be published annually. Participating jurisdictions and organizations will help track progress towards goals. Communication across sectors will ensure that the initiative continues to engage with city councils, the County Board of Supervisors, SANDAG, and to foster on --going public awareness about issues and potential solutions related to family homelessness- 11 What we will measure to track our progress over time: • A Governance Structure is created and funded • Signed agreements between jurisdictions exist to authorize the Governance Structure • A Regional report card is published annually 2.1 2.2 2.3 2.31 2.32 2.33 2.34 2.4 2.41 2.42 2.43 2.5 2.51 252 Action Steering Committee and Advisory Council concur on a recommendation for structure A structure is defined and parties sign MOU or other documents to formalize with accountability and funding Develop adequate funding to support andsustain the implementation of a regional vision for ending family homelessness • Investigate opportunities to create a designated funding stream • Enlist business community to facilitate funding stream through corporate sponsorship, events, cause marketing. etc. • Seek and attain sufficient & diverse funding to maintain operations • Garner and provide e share of funding through annual budgets and MOUs Publish an annual report card of progress on goals; use the report to increase public awareness and support to prevent and end family homelessness • Use data to create mechanisms for quality improvement • Develop a comprehensive evaluation system that reflects snared desired outcomes • Distribute and communicate results of annual report card tor continuous improvement Jurisdictions, agencies, and other stakeholders report progress on their goals to the community • Review progress towards goals and measure participation by various sectors • Engage a media partner to assist in annual reporting of progress on goals Time Frame Year 1 Yrs 1-1 Yrs 2-10 Yrs 2-10 Yrs 2-10 Proposed Partners Steering Committee, Advisory Council Jurisdictions. philanthropy and foundations Jurisdictions, govt agencies, philanthropy and foundations, business community Governance structure entity, jurisdictions, planning staff, government agencies Jurisdictions, community agencies, stakeholders 12 FOCUS Crystal's daughter Christina is a little shy. She sits quietly in their El Cajon apartment, curiously looking around at the strangers in her living room. Not yet two years old, Crystal tells us that potty training is in progress, and is quite a challenge. Crystal and her husband met while working at Walmart. They learned they were pregnant right in the middle of the economic crisis, and soon found themselves laid oft. When disagreements with family landed them on the streets, they didn't know what they would do. In love and determined to find a way to provide for the family, Crystal's husband took low - paying maintenance jobs, trying to keep them afloat. Living on the street, Crystal was scared. That's when they learned about the FOCUS program. "I went through the FOCUS program and it's just changed my whole perspective,". Crystal said. FOCUS provides long-term case management and housing assistance to families in need; they are currently helping Crystal and her husband with transitional housing. Now, Crystal works at Macy's in the shoe department and her husband makes a living as a caretaker for the elderly. Although Crystal isn't yet working fulltime, she's dedicated to creating a better life for her family. "I'm going to Kaplan University to get my associate's degree in business," Crystal said proudly. "That way, I'll be able to get a management position." Christina holds on to her mom's neck and Crystal pats her back reassuringly. "Now, if we could only get the potty training figured out." Capacity, ata and Coordination of a onrces he current mantra: Do more with less. Or at least: Do well with less.The after effects of the economic meltdown have forced everyone to look strategically at how to meet growing needs with fewer resources_ Families who often become hornless, for the first time due to loss ofjob, foreclosure, medical emergency or other economic catastrophe, look very similar to other low-income working families. More than 90,000 area residents receive benefits or services through County of San Diego Health & Human Services Agency. Many more turn to nonprofit organizations to help them fill the gaps to remain housed and fed. With so many opportunities to "touch" the lives of these families, the Keys to Hor-rsinN stakeholders focused on how to Netter coordinate the network of community agencies to provide an easier and more streamlined system for consumers to navigate_" lying resources together across the region can be challenging. Through the Kry, to Hof aAit' process community leaders agreed on key strategies and tools to provide multiple, linked pathways to resources and services. The first builds on existing strong collaborations to serve as "font doors" to services through a network of triage, assessment and referral. Cross -training staff across agencies and linking homeless prevention services to other family and community support resources are strategies that will bring results_ 'Based on HPHP dale 2009,2010 Keys envisions `Navigator' services at agencies currently providing intensive case management_To serve more families with reduced resources, Navigators can provide short term assistance and guidance for those who can find resources, complete applications, and follow-up with agencies more independently_ It is estimated that more than half of households at risk of or experiencing homelessness for the first time could have their needs met through the support and short term services of a Navigator rather than longer -term intensive scrviccs.This means more resources would be available for those families requiring more extensive services to succeed.The Navigator model could be piloted at sites alacady connected to a strong community network. Finding affordable housing is one of the most difficult tasks a family faces. Since many affordable housing complexes and rental assistance programs have waiting lists several gears long, it night take l0fl phone calls to find appropriate and available housing.The development of a new regional, database of publicly subsidized and private affordable housing could greatly facilitate finding housing. The database would include an online screening process for preferences and eligibility, and the ability to apply to multiple waiting lists with the click of a mouse, saving time and energy for both the consumer and the housing provider. Another key tool identified to improve the pathways to resources is the sharing of data across agencies, allowing then to streamline eligibility and application processes 14 co improve this, and other federal and state funds may be motivated to leverage and coordinate as well. Keys to Housiv seeks co advocate for more flexible and less categorical funding to better serve the needs of -vulnerable fimrilies. These tools will all require the coordination of agencies throughout the region to actualize maximum benefit_ Each goal is achievable, and would improve service to residents, reduce costs and duplication, and improve ron1munity. OI1CCOr11CS_ for the household_ Rather than submitting the same information numerous times for various services, the applicant could choose for information to he shared between partner agencies.Agencies could better serve clients by understanding the types of services they are currently using, or benefits they have been unable to receive and matching the needs. Coordination of financial resources is also an important tool in the toolbox. Currently, many guvrr nnleut fundurg streams can have little fiexlbilitv_The I ILARTI I Act seeks A)iA 04:4.C.. ;`tV/M1V 11E1 Milk Ca,�IA%eifks end Cal Fresh ''li Cases by'Zip Code t: -dot- 10 cases Calfre,'h= Ns rIer of cases 3,001. 5,530 '-I 501,- 3,000' ''S0i - t',500 201 500 0-200 Capacity, Data and Coordination of Services and Resources What we will measure to track our progress over time: • Use and growth of Database of Housing options • Use and growth of centralized client/service database • Extent of services linked together through community agencies, schools and 211 3.1 3.11 3.12 3.13 3.14 3.15 3.15 3.2 321 322 3.23 3.24 3.25 3.26 3.27 3.3 3.31 3.32 3.33 3.34 3.35 Action Strengthen existing regional collaborations (North Coastal, North Inland, South, East, North Central) to serve as "front doors" to full continuum of services designed to strengthen families • Launch pilot program in South Bay and/or North County • Inventory best practices fur replication • Coordinate existing mainstream resources and community based organizations • Crass -train staff recularly between organizations • Identity funding opportunities • Link homeless prevention services to other family and community support initiatives Strengthen current system of care to enhance "front door" to services and coordination of intake and services • Inventory programs to assess barriers and restrictions • Create"warm" client handolfs • Employ technology to provide services without walls; incl. WebEx interviews, electronic signatures, etc, • Create opportunities for co-locacon and storefront settings • Build capacity of 211 to serve as a "front door" connected with area providers • Support RCCC to address challenges and fill gaps in services for families/youth • Link homeless prevention services to other family and community support initiatives Develop and cultivate a Navigator role to assist families to advocate for themselves, moving away from intensive case management for those appropriate • Develop typology for range of services needed • Incorporate Neighborhood Leaders and Fromotoras models • Leverage resources between agencies • Develop opportunities fur increased cooperation and coordination between agencies • Assure that "service without wallsmaintains human assistance Time Frame Yrs 1 - 5 Yrs 1 - 5 Yrs 2 - 4 toolbox Proposed Partners Provider agencies, HomeAgain, Mainstream Resources 211, RCCC, provider agencies, Family Resource Centers, Mainstream Resources Provider agencies, Mainstream Resources I6 3.4 3.5 351 3.52 3.53 3.54 3.55 3.56 3.57 3.58 3.6 3.61 3.62 3.63 3.64 3.65 3.66 3.67 3.68 3.7 3.8 Action Work closely with school homeless liaisons to identify and support families SDCDE and homeless liaisons A regional, comprehensive and real-time database of subsidized and private affordable housing inventory is established, maintained and used; include an eligibility screening tool and centralized application and access to waiting list • Prototype developed with common language, agreed on fields. • Rescurces identified for development and operations • Agency identified to take lead, assure works with HMIS, 211, EMS and other systems • Begin with inclusion of all rent -restricted properties • Add privately owned, non -restricted properties • Provide incentives to cities/ agencies/property owners to keep updated • Contracts mandate use/update • Coordinate process of who monitors waiting lists A program level and client level centralized database and/or data warehouse and procedures for sharing client information is established to view assessments, referrals and wait lists to minimize duplication of services • Identify barriers to data sharing gi develop solutions, including olanket MOUs for sharing info • Develop common language fur data that :s consumer friendly and providers can agree to use/input • One agency has central responsibility for database • Agree to use same assessment tool/fields across agencies • Identify common data pieces on client, program and jurisdiction levels • Data match or merge ongoing • Build capacity for data navigators/TA to assist agencies with data • Include non-traditional providers serving low-income/at-risk Develop and implement a communications and outreach strategy to increase awareness of issues, resources and opportunities Facilitate dissemination of data and evaluation to all partners; meet regularly to enhance collaboration, coordination and measurable outcomes Time Frame Yrs 1-10 Yrs 1-10 Yrs 2 - 5 Yrs 2-10 Yrs 1-10 Proposed Partners SHOE and homeless liaisons RTFH, 211, SDHOC, Apartrnent Association, PHAs, SDIFF, HUD, housing coordinators at area provider agencies, redevelopment agencies, Housing Opportunities Collaborative RTFH, providers, FABC providers, Mainstream Resources SD Grantmakers, 211, RCCC, HomeAgain Governance structure RTFH, RCCC, Providers, Jurisdictions 17 er anen ffordable ©using he foundation ofa healthy community - education, jobs, and economic prosperity — begins at home. Healthy communities need housing that serves the needs of all income levels. 1n a community with a high cost of housing like San Diego, achieving the affordable housing goals that support and shape economic growth can be a daunting task.As of2008, San Diego County had a deficit of 90,500 housing units' at the very low and low-income brackets. Affordable housing is the key to many other critical factors_ fesearch shows that the stability of an affordable mortgage or rent has profound effects on childhood development and school performance' and can improve health outcomes for families and individuals_' The benefits of affordable housing extend well beyond the family into other parts of the community. In San Diego County, 48% of households spend 35Y or more of their household IfCOtme on rent'; these families have substantially less disposable income ro spcud in the community. As a community, San Diego carries a higher rental burden nearly twice the national average of 26%.The development of affordable housing increases employment, provides revenue for local governments, and encourages the development of retail, office and manufacturing space, and transit enhancements_Without an adequate supply of affordable housing, it is difficult to attract and retain workers. Stable housing reduces the burden on other social sectors as well, reducing healthcare, public safety and environmental costs. %/c ci{-for-d I fedr,00/r7 CS➢t. % afford 2 6edroor7 (Pt. C./7,1d C'Gte 2Jc:1— er �entci✓ 455,St<<nt Ferientaty/ aoa / -TeoCher �rcyh%e) 5,9ner /✓ur.5;n f,de Pr"son Guard 5C17oo/ &o.5 Jh✓er LJG,t Staff Nnuunnl I u•.v Incunic FIUOI.I„ CudLuuu, Cumr rm Homnr, Pull yVr aVlll.r, ,,`Mn. Ury Kepi nulTI,k I or, oh die I mcle.. S.n 111,{u `County of San Diego Consortium, 20' 0 — 2315 conselidated Plan and 2010 Action Plan, May 2310. County of San Diego Henaement of Housing and Comm cn«y Development. Section II page 15. 'lobe'', Jeffrey, and Maya Drennan. 2007. July Framing the Issues— the Positive Impacts of Affordable Hoasing on Education_ Nfasoinglnn. DC Center for Housing Policy. 'tuhell. Jefhey. Rosalyn Crainand dlebecca Cohen. 2007, July. Framing the Issues — the Positive Impacts of Ai fordable Housing on Health. Wash rnoton OC. Center for Housing PoOy 'U. S. Census Bureau. 2009 Amer can Community Survey, 18 The income needed in the San Diego region to afford a two -bedroom unit in 2009 was $56,720 annually, or S27 per hour".At the current minimum wage in California of$8 per hour, a household trust maintain three niininium wage jobs at 40 hours per week year-round to atloui the rent. The Regional Housing Needs Assessment currently underway by SANDAG and area jurisdictions will allocate the State Housing and Community Development's determination of zoning for an additional 107,1101 housing units to accommodate the 2050 Regional Growth Forecast. Our region will need to plan for 24,143 additional units at Very Low Income category, 18,348 at Low Income category, and 20,280 at Moderate Income category to meet anticipated county -wide growth." It is hoped that the upcoming Housing Element will reflect the regional vision For ending family homelessness as a community value as well as a response to State law requirements. During the first years of recovery from this recession :he community will be hard pressed to build new units Strategies were identified to position jurisdictions to plan more pro -actively for the recovery and for meeting the needs of working -poor families. Jurisdictions are asked to review these tools, and to commit to those most appropriate for their circumstances. The tools identified on the next pages can be used by jurisdictions, housing and planning departments, HUD, housing developers and organizations, as well as private property owners to improve housing, outcomes for all San Diegans. Snye Parene & K;d5 ✓a`I,a5O M o..? J /y %Coble P1o.+th/y �ent soo0 a'soo 600 e 400 d'200 do 41 orda6/e Wot,S;ncj Morkef eat, Y%et5''3 "SANDAG, Regional Comprehensive Plan 2009 Arnual Performance Monitoring Repot. "SANCAC Regional Housing Needs Assessmern lRHNA} allocation tmm CCHCO, 'Imp /Ara m, sanday mglopluads/orojeclidiproleclld_189_12244_pdf. 19 What we will measure to track our progress over time: • Creation, ,strengthening and use of policies and laws regarding development & affordability of units, as reported on annual Housing Elements reports • Number of units built, preserved, conserved, demolished, as reported on annual Housing Elements reports • Number of rent -restricted, Affordable housing units by jurisdiction • Number of people living with housing burden greater than or equal to 50% as measured by American Demographic Survey 4.1 411 4.12 413 4.14 4.15 4.16 4.17 4.18 4.19 4.110 4.111 4.112 4.113 4.114 4.115 4.2 4.21 4.22 4.23 4.24 4.25 4.26 427 4.28 Action Increase and conserve the number of units dedicated as affordable housing with rent restrictions • Advocate for and leverage local, state and federal capital, operating subsidies, and services resources to create new housing units • Identify and provide incentives for building of new units • Acquire and convert distressed properties • Align redevelopment agency plans with housing plans • Increase % of redevelopment funds above 20% • Establish policies to motivate rapid development of new units • Provide variance in parking ratio restrictions • Develop incentives in transit overlay zones • Grant surplus lands to housing developers for very low income housing projects • Amend inclusionary zoning requirements to provide incentives to developers • Prioritize units for homeless families, fA youth. veterans • Communicate and educate public and decision makers on benefits and needs of affordable housing and reduce NIMBYism • Advocate for extension of bond funding or other dedicated funding source • Develop a regional strategy for a housing trust fund, land banking and other funding strategies • Advocate for homeless family priority in affordable housing Preserve at -risk inventory of affordable rental housing • Identify affordable housing developers to purchase at -risk units • Assist owners to sell to affordable housing providers • Seek project -based subsidies and voucher • Use CDBG/HOME funds • Use Acquisition/Rehabilitation funds • Seek designated HUD funds • Identify funding for grants ❑r loans to landlords for repairs in exchange for affordability • Encourage bond projects to include 55-year affordable units Time Frame Yrs 1 - 10 Yrs 1 - 10 Proposed Partners Jurisdictions, HUD, Housing & Planning depts, Private owners, Non-profit housing ergs, Redevelopment agencies Jurisdictions, HUD, Housing & Planning depts. Private owners, Nan -profit housing orgs 20 4.3 4.31 432 4.33 434 435 4.4 441* 4.42 4.43 444 4.45 446 447 4.5 4.51 4.52 4.53 4.54 4.55 4.6 4.61 4.62 463 464 4.65 4.66 4.7 4.71 4.8 4,81 482 4.83 Action Create opportunities to increase and retain naturally affordable/ private market units without rent restrictions • Develop effective shared housing and accessary units models and policies • Review and revise anti -demolition and conversion ordinances • Facilitate Rehab programs • Establish replacement requirements for "naturally" affordable units • Investigate and advocate for appropriateness of ordinances regarding occupancy limits so as not to create barriers to self sufficiency based on square footage Increase the number of vouchers in region, including those available for families • Regionally prioritize existing vouchers for horneless families • Annually apply for all available vouchers • Seek vouchers for family reunification j110 received 2010) • Advocate for increased Sec 3, VASH, other voucher allocation • Develop set -asides and ensure priority access to rental subsidies and project based subsidies for homeless families • Evaluate admission policies of PHAs ro ensure that families who received temporary housing assistance are prioritized for vouchers as appropriate; reduce barriers to housing caused by local policies • Investigate Federal policies related to time limits on Section 8 vouchers Develop programs for short-term rental assistance and services for economically displaced families • Develop strategies to house families with barriers to housing • Develop shared housing or match programs where appropriate, offer rental subsidies • Provide intensive job -search activities and supportive services • Identify and secure master leases to create units at affordable rates • Prioritize units for homeless families, TA youth at veterans Develop programs for short-term rental assistance and services for economically displaced families • Identify best practices at various levels of service • Collect local data • Provide incentives or funding to developers that provide higher levels of services • Facilitate partnerships to provide enrir.hed services and PSH as reeded • Encourage collaborative funding to increase the 4 of service enhanced/ supportive units • Implement set -aide requirements for PSH within jurisdiction affordable housing programs Preserve opportunities for development of affordable housing through redevelopment agencies • Preserve or increase redevelupment set aside funds Transform systems to respond to crisis that prevent homelessness and offer rapid return to stable housing. • Determine optimal mix and array of housing needed to address the needs of various homeless family types. • Utilize temporary or interim housing when reeded to move families off the street and into stable housing as soon as possible. • Develop screening tools to assess the optimal housing and residential services match for families at risk. Time Frame Yrs 1-10 Yrs 1 - 10 Yrs 1-4 Yrs 1-2 Proposed Partners Private owners. SD Apt. Association, jurisdictions Jurisdictions. housing authorities, HUD Jurisdictions, Providers, Mainstream Resources Affordable housing developers and agencies, service providers, jurisdictions Affordable housingdevelupers andagencies,service providers, jurisdictions 21 Increased Economic Security and Stability mployment is key to family economic stability and self-sifficiencv And education and naming fire paramount to being able to secure a sustainable wage job in our conununiry_Training the workforce to meet the current and future needs of employers, having job -ready workers with few barriers to employment, and nurturing business and industry growth will lead to increased household income and improved family self-sufficiency. Currently, three in 10 working -age San Diego County households do not earn enough to make ends meet." 50% of these households arc working full-time. The Center on Policy Initiatives sets a self-sufficiency household wage (essential expenses only) in 2010 dollars of $64,957 for a family of two adults and two young children.That compares to the 2009 Federal Poverty level of.$21,756. Families in poverty often live doubled up or in other inadequate environments, and are without health insurance. Poverty also displays racial disparities with greater proportion of Hispanic/Latino and Black/African American households compared to White non -Hispanic and Asian households.According to the Center for Policy Initiatives, the median income for Hispanic households in 2009 was 1311 of the overall median, and for Black households was 80% of the overall median. 'Center oe Policy Initiatives. Mang Ends Meet m San Diego County. 2010 'hap !/sdbi-com /cewo2011 i feb/21 /pi Ilars-coorn i e ty/2pr int Where will new jobs come from? The San Diego Business journal" listed 16 cluster that offer the potential for economic growth, and currently employ 23% of the region's total workers_The clusters include biotech, pharmaceuticals and biomedical products, communications, environmental/Green technology, financial services, recreational goods, and defense and transportation. While tourism and hospitality are also an important cluster in our eCOI10111y, the sector employs primarily low-income workers, further exacerbating the gap between wages and self-sufficiency. Getting the workforce working will take collaboration and cooperation from all sectors. High schools, community colleges and four-year universities must be equipped to educate and prepare a workforce for the 21st century_ Business must work hand in hand with the educational and training sector to assure a prepared workforce. And employers must commit to lifelong learning and internal training opportunities to move people up from entry level to sustainable wage employment. While unemployment rates have hit an all -tine high in recent years, a more important metric for our region will be growth in jobs.The Workforce Index, published monthly by the California Economic Development Department, will be measured through 2020.At a low in 2008, growth in jobs is beginning to rise. GJor�f z / cT I' dek 22 What we will measure to track our progress over time: • Increase in families applying for and receiving EITC • Number of workers employed, as measured by monthly Workforce Index • Number and distribution of families at various levels of income and poverty level • Targeted families increase household income, as measured on RTFH database 5.1 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 52 5.21 5.22 5.23 5.24 5.25 5.26 527 5.28 5.29 5.210 5.211 Action Build stronger connections between training programs and employers • Engage employers in assessing needs for training future employees • Provide orientation/training or toolkit for employers on how to maximize internships/apprenticeships and integrate entry level employees • Assess fastest growing industries and develop specific training • Increase linkage from training to employers through Connect, BioCom, Chamber, other employer groups • Increase paid and unpaid internships for youth & adult workers • Enhance post-HS pipeline to STEM industries • Use Career Transitions Program as model • Encourage paid internships Assist employers to develop and maintain employment opportunities • Identify specific opportunities in targeted growth industries: "green"' jobs, healthcare, hospitality • Educate employers on available financial resources • Facilitate layoff aversion strategies • Facilitate increase in manufacturing • Develop incentives to decrease outsourcing, look at Econ Dev Councils, Enterprise 7one • Collaborate with Imperial Cty, Mexico • Advocate for improving corporate tax laws re foreign profits • Encourage employers to provide tuition reimbursement funds & promote internally • Develop incentives/award program for employers for community involvement or increase in warkrorce • Cities to provide incentives anc engage business community to create jobs • Promote scholarships for training Time Frame Yrs 1 2 Yrs 2 - 8 Proposed Partners EDC, Chambers of Commerce, employers, WP. training programs, Community Colleges, Foundations Workforce Partnership, EDD, EDC, BioCom, CONNECT, Philanthropy 23 5.3 5.31 532 5.33 5.34 5.35 536 537 5.38 5.4 5.41 5.47 5.43 5.44 5.45 5.46 5.47 5.48 5.49 5.410 5.411 5.417 5.5 5.51 5.52 5.53 5.54 Action Provide job ready individuals and linkages to jobs. • Provide soiT skills training • Increase access to employment and training opportunities • Increase registration of families served by homeless prevention resources a; career centers. BOP, Comm. College • Assess capacity of career centers to increase client load /participation • Increase awareness of career centers • Assure career centers are client focused and meet needs of youth. cisabled, other populations • Case managers link families to training as part of workload • Expand employment soft skills training Increase access to child care and transportation; remove or reduce other barriers to employment • Work with mainstream resources, child care providers to increase capacity for affordable care • Train and license community based child care providers • Work with transit systems to increase bus passes, etc. • Create transportation co-ops • Expand policy linking transit centers and access to employment • Increase employment -based van pools and ride sharing • Incorporate hest practices of land use and transportation aligned with SB375 initiatives • Heduce'last mile' barriers to employment, and child care • Promote employment based transit circuits • Build awareness of social inequity for low income families • Advocate for best land use practices to facilitate access to housing and transportation • Identity the 55375 ertc' ess a key Initiative Convene public and private educational organizations to assess and structure programs to increase high school graduation rates, access to ROP, vocational training and certificate programs, apprenticeship and internships, and other educational and training opportunities • Advocate for expansion of five-year high school plan to increase high school graduation • Develop content and training for growth sectors • Develop and expand certification programs for soft skills and growth sectors • Publish results of meetings and planning recommendations Time Frame Yrs 2 - 10 Yrs1-4 Yrs 1 - 2 Proposed Partners Community Colleges, BOP, training agencies, Workforce Partnership, Homeless providers, training agencies. Community Colleges, high school ROP programs Worktorce readiness programs,FABC providers, teen centers Child care providers Mainstream Resources Transit districts Educational institutions, High Schools/ ROP, Business community, Community colleges, UC SD/SDSU, Growth sector leaders, Healthcare, CDNNECI & BioComm, Workforce Partnership 24 5.6 5.61 5.52 563 5.64 5.65 5.66 5.57 5.68 5.69 5.610 5.611 5.612 5.7 5.71 5.72 5.73 5.74 5 LS 5.8 5.81 Action Increase business opportunities, coop -type opportunities, and incubation of new businesses/ entrepreneurial enterprises • Research new jobs for future employment and training programs available • Identify sector opportunities; communications, green fobs • Partner with Innovation Institute • Develop microerterprise lending programs • Facilitate business coops • Work with social enterprise model, CCD Works. non-profit sector • Advocate to support Oficcs to maintain labs and bcild sectors that !-ire et self-sufficent wages • Promote Child care co-ops and neecs based subsidy programs • Investigate foundation support for micro -enterprise • Acclimate new small business owners o class A" facilities; helping families in transition acquire skills and business acumen • Foster links with tech industry • Identify underused office and business resources to incubate small business activity Increase per capita wages of low paying jobs to self-sufficiency income levels • Assist employers to increase internal internships from entry level to mid level jobs • Provide TA to manage Employer Training Panel funding • Encourage employers to provide tuition reimbursement funds & promote internally • Link employers with skill upgrade training • Work with COm' colleges, lln;vo[s:OOS, POP to InCreo e enrohment I l certificate programs Build workforce through sustainable community efforts • Work with S13375 efforts Time Frame Yrs38 Yrs 4 - 10 Yrs3- 10 Proposed Partners Microenterprise lenders, SRA, banks, credit unions CONNECT, BioComm. Chambers of Commerce, Evo Nexus and SCORE. Business community Community colleges, EDD, Chamber of Commerce ROP programs, Unions, Human Resource Associations, Compensation study groups, Center on Policy Initiatives SANDAL, EDD. Chamber of Commerce, Business Improvement Associations, jurisdictions, Sustainable San Diego, Housing Federation 25 Increased ,vine from poverty to middle income and self- sufficiency is the dream for virtually all loss, - income households. Maintaining a stable home environment where children can flourish, successfully complete high school and attain post -secondary education and training that sustains stable employment is part of the American dream. With 30% of our households not earning an income sufficient to make ends meet, that dream may not be realized for many.The difference between families at poverty who are stable and those at risk of homelessness may often be the availability of mainstream resources such as CalFresh (food stamps), CalWorks child care supports, health insurance, or short-term rental assistance such as the Homeless Prevention & Rapid Rehousing Program of 2009-2012.Yet many low-income families do not qualify for or cannot access mainstream resources. Boosting our county's CalFresh enrollment is a goal of the County of San Diego Housing & Human Services Agency. Through coordination of resources and agencies, more targeted at -risk families can avail themselves of resources utilized by other low-income families. Strategies can be engaged regionally to smooth structural harriers to access, increase program capacity, and address eligibility barriers. Further, with the lack of sufficient Section 8 housing vouchers to meet demand, it is imperative that the San Diego region develop local programs to provide time - limited rental assistance for the most vulnerable families_ The tools identified for this outcome will increase participation in mainstream resources, produce rental assistance for those not likely to qualify or receive federal housing subsidies, and reduce the length of stay in non- permanent housing. These tools seek to increase the stability for at -risk families so Char they are better able and equipped tability to seek training, employment and self-sufficiency wages, and gain the self-sufficiency that will improve their quality of life_ Two populations have been identified tor targeted response! transition -age youth (18 24) including those exiting the foster care or juvenile justice system, parenting, or unaccompanied youth; and military and veteran families who are serving or have served our country yet experience poverty, and have low education levels and little training for civilian jobs_ Transitional housing programs throughout the country have been instrumental for moving families from homelessness to hope_ While the HEARTH ACT of 2009 amends the Continuum of Care policy to strengthen prevention and rapid rehousing opportunities, it is believed an array of housing including emergency, transitional, or interim housing will continue to play a significant role in stabilizing at -risk and homeless families. Lack of affordable child care and public transportation arc significant barriers to employment_ Counseling and behavioral health services for victims of domestic violence and those with depression or other behavioral health issues are critical components for success.These and other barriers to employment must be addressed to meet the needs of workers. Keys to Housing recommends a targeted approach to families Already receiving housing and employment assistance determined ready to move forward, families in shelter and transitional housing, and transition -age youth and military/ veteran families. Advocacy to amend policies at the federal and state level will be needed for long-term systemic change. 26 Increased Economic Security and Stability What we will measure to track our progress over time: • Participation in homeless services, as rneasured by RTFH • Improvement of targeted families in housing status, education, employment and wages, as measured by RTFH database • Length of stay in shelter, transitional and other non -permanent housing, as measured by RTFH and Regional Continuum of Care Council reports 6.1 6.11 6.12 6.2 6.21 6.22 6.23 6.24 6.25 6.26 6.3 6.4 6.5 6.51 6.6 6.61 6.7 Action Participation in mainstream resources is increased • Begin with families receiving homeless assistance and increase outreach and enrollment • Utilize Services without Walls Length of lime for families in shelter, transitional and other non -permanent housing to permanent housing is reduced • Triage families at entry to shelter for needs, appropriate housing using common assessment tools • Assure that unsheltered families receive priority housing assistance; • Move families in transitional housing to permanent housing as soon as feasible • Move families from shelter to transitional ASAP • Align housing strategies with Federal targets • Analyze and use best practice tools proven to be most successful for families Develop programs and funding sources to provide long-term rental subsidies for those not likely to increase their earning potential to afford market -rate housing Families members "Ready to Go" are identified and fast -tracked: provide supportive services. i.e., employment supports, sub abuse treatment Transition -age youth (18— 24) including those exiting the foster care, juvenile justice systems, parenting and unaccompanied youth, are stably housed and have access to services, i.e., education, employment. training, child care and/or healthcare • Work with community resources to enroll youth in mainstream resources Military/veteran families are stably housed and have access to services, i.e., education, employment, training, child care and/or healthcare • Work with military, VA to enroll families in mainstream resources Faith community is engaged to sponsor and support families, including housing assistance Time Frame Yrs1-5 Yrs 1 - 10 Yrs 5-8 Yrs 1 - 3 Yrs2-10 Yrs 1 - 10 Yrs 1 - 10 Proposed Partners Government agencies, 211, community agencies RCCC providers Housing authorities Mainstream Resources Service Providers Mainstream Resources, community agencies, SDCOE homeless liaisons VA Discharge, contract providers, child care agencies, Workforce Partnership, job training agencies, Mainstream Resources Faith community 27 revention The cost to rebuild family life after loss of home and the majority of household possessions is staggering. Natural disasters such as wildfires, hurricanes, and floods make this painfully cicar_This devastation is also experienced daily by the hundreds of people evicted from their homes because they cannot pay the rent. A recent study conducted for I IUD' shows the high cost of homeless programs for individuals and families who primarily need permanent housing without supports or those whose service needs can be met by mainstream systems. The study of families in four communities (Houston, Washington, DC, Kalamazoo, and Upstate South Carolina) demonstrates the cost-effectiveness of providing housing assistance support over homeless system supports. For the four communities, the average cost per family to the homeless services system ranges from $3,184 in Kalamazoo, to $20,031 in Washington, D.C. 1,600 I,'I00 1,-00 1,0O0 ,00 0 0 0 0 0 0 0 0 0 O1 , tf O < ri c F 1y In almost all cases studied, the costs associated with providing housing and services for literally homeless families far exceeds the Fair Market Rent cost of an apartment, even if the rent were fully subsidized_ The Homeless Prevention and Rapid Rehousing Program (HPRP) is providing valuable lessons for the prevention and rapid rehousing of those at risk and experiencing homelessness. From October 2009 March 201 1 a total of 2,086 families received HPRP assistance. average amount provided to each at risk (nor yet homeless) fancily in San Diego County for rental and other financial assistance for that rime period was $3,362; the average financial assistance provided to literally homeless families was $3,257 Homeless prevention and diversion are substantially more cost effective than emergency shelter or transitional housing, and have significantly better outcomes for families. The Keys to Housing stakeholders prioritized groups of families at risk of homelessness for targeted assistance: Families receiving unlawful detainer and/or eviction notices Families losing their housing due foreclosure TANF/CalWorks families These highest risk families, often identified through services provided by the San Diego County Office of Education school -based homeless liaisons, would receive legal assistance and landlord medial itm services, referrals to resources, enrollment in workforce training programs, and emergency Financial assistance. A coordinated strengths - based case management system utilizing the Navigator role would assist families to receive appropriate services to prevent homeless episodes. As low-income families will continue to be challenged by the risks of homelessness even after the future economic recovery, prevention efforts will he needed ongoing tom our most vulnerable populations. Spellman. N . Knaddmt. J_ Sokol. 0. & Leopold. J_ Abt Associates. Inc.. March DI° Costs Associated With Fitso-Time Hopelessness tot Families h Iedw.duals. www huduser orig. 28 What we will measure to track our progress over time: • Annual SDCOE count of children/families identified by housing category • Households assisted with eviction prevention through Legal Aid Society for non payment of rent • Housing status of targeted families as reported in HTFH database 7.1 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.2 7.21 7.22 7.23 /.74 7.25 7.26 7.27 7.711 7.29 7.210 7.211 i.217 7.3 7.31 7.32 Action Families receiving unlawful detainer and/or eviction notices receive legal assistance and referral to homeless prevention resources • Improve outreach and linkage to eviction prevention • Provide legal assistance at courthouse/small claims court to assist families • Engage SD Mediation Center, volunteer lawyers • Provide housing counseling assistance and education on landlord - tenant law • Work with HP families to assure they do not become homeless after aid ends • Educate commissioners and judges re resources and opportunities for referral • Develop/use emergency funds for financial assistance Families losing their housing due to foreclosure are identified and assisted • Educate new owners on obligations and responsibilities • Educate families on rights and legal options. required notifications • Assist with $ for deposits and moving expenses • Encourage cities to require registration of foreclosed properties, notices of default • encourage use of iNSP $ • Outreach and educate landlords and provide letters of reference • Educate tenants about their rights • Outreach campaign to tenants to build awareness of posted notices • Tenant education about rent when property is in default • Encourage posting of foreclosures in public spaces jHousing Authorities, Section 8 0ffices, regional centers) • Utilize website or database to notice defaulted or vacated properties • Use social -networking resources in awareness campaign leg. blog, Craig's list TANF/CalWorks families are prevented from becoming homeless • Assure high -risk families receive appropriate referrals to resources • Develop set aside funds to increase access to prevention services through mainstream resources Time Frame Yrs 1 - 10 Yrs 1 - 10 Yrs 1 - 10 Proposed Partners Legal Aid Society, volunteer lawyers, Office of Public Defender, Housing Opportunities Collaborative, free legal clinics, law students Cities. County, PHAs, consumer advocacy agencies, SDHOG, property management companies PHAs, housing coordinators, Mainstream Resources 29 7.4 741 7.47 7,13 744 7.5 751 /.52 7.53 7.6 7.61 7.62 7.63 7.64 7.65 766 Action Coordinate emergency funding to provide resources for housing and utilities, food, healthcare and other vital needs • Prioritize target populations based on vulnerability • outreach through family's carrent service providers • Coordinate funding though central clearing house • Identify and assist wito healthcare access and services for uninsured Develop effective landlord/tenant collaboration, including education, mediation options, and waivers for rental applications, deposits and move -in Ices • Work with landlords and jurisdictions/agencies to create opportunities for master leasing • Use existing landlord/tenant mediation processes to increase education • Provide guarantees for deposit waivers Coordinate housing and services by developing a strengths -based case management approach responsive to individuals/families to prevent fragmentation of resources • Triage families seeking services for immediate needs and link with resources using common assessment took • Utilize Navigator case management model and more intensive case management as needed to serve at -risk families and prevent from homelessness; • Develop funding and strategies for case management to support stabilization of newly housed /re-huused families • Assist to qualify at -risk for mainstream services including SSI, mental health services; • Outreach to at -risk communities; coordination with other regional resources • Develop volunteer mentor programs to support families Time Frame Yrs 1 10 Yrs 1 - 3 Yrs 1 10 Proposed Partners HUD, ECG providers, FFMA, healthcare partners, Mainstream Resources JUT l sdicti ans, Providers Landlords/property owners/ property managemect companies, San Diego County Apartment Association Providers, Case managers Source: Regional Task Force to End Homelessness, HPRP Quarterly Reports 130 revention has been stated throughout this toolbox Snarrative, homeless families look very similar to ocher low-income families, and the combination of the high cost of housing, lack of sufficient inventory of affordable housing, and -a low-income, service -based economy creates challenges to adequately solving the problems of our region_ By focusing on families living in poverty with the highest levels of vulnerability, efforts can potentially stem the growing crisis -The most vulnerable categories of families identified through the Keys to Housing planning process include: • Families with young children enrolled in Women, Infants, Children (WIC) nutrition programs • Families identified by Child Welfare Services as at -risk of separation due to lack of stable housing • Families with children enrolled in school free and reduced -cost meal programs • 1 anulies already homeless seeking shelter and transitional housing • Victims of domestic violence and their children These strategies are aligned with those in Outcome 7: Families are identified as at -risk and assisted prior to losing housing, and Outcome 3: Coordination of resources Clearly, we do not currently have in our region, nor do we anticipate generating sufficient resources to address the needs of all vulnerable individuals and families. Coordination and targeting of limited resources to those most vulnerable are seen as the most productive strategies by the Steering Committee, sub-commitrees, and the Advisory Council. The Regional Continuum of Care Council, for the 2010- 2011 Supportive Housing Program application to HUD, set five-year and 10-year goals for program success_ They include: San Diego Regional Activity Continuum of Care % Households retained in Permanent Housing % Moved from 59a11:. i33 Ti :' Permanent Housing % Employed at Exit from SHP ft of Families on Street 5-Year 10-Year Goal Goal 80% 90% 05% 75% 36% 55% 100 0 The Keys to F-lousing initiative is aligned with current community efforts to end all homelessness, and goals for this outcome are consistent with these established benchmarks and goals. 31 What we will measure to track our progress over time: • Annual Point in Time Count • Annual SD County Office of Education homelessness count by housing category as compared to children enrolled in free and reduced lunch programs • Families with housing burden equal to or greater than 50% 8.1 8.11 8.12 8.13 8.2 8.21 8.3 8.31 8.32 8.4 8.41 8.42 8.43 8.44 8.45 8.46 8.47 8.5 851 8.52 8.53 Action At -risk families with young children are identified at enrollment in services • Support education of staff on available resources • Provide referral info at WIC locations • Assist to enroll in mainstream resources Families identified by Child Welfare as appropriate receive reunification housing vouchers • Advocate for targeted vouchers in ramify Reunification Voucher program Families identified for homeless liaison services through enrollment in school free or reduced lunch are assisted • School homeless liaisons provide into to families served • Work with Legal Aid to assure access to public benefits and assistance with other legal issues Families seeking shelter and transitional housing are assisted at "front door" and diverted to more permanent housing • Triage families using common assessment tools • Develop service navigators throughout the regions • Families assessed through 211 are connected with appropriate regional housing center or agencies •=amilies receive most stable housing available • Motel vouchers are used fur short term placements • Families are kept together • Educate community (providers. families, advocates about HEAR fH Act Address specific needs of victims of domestic violence • Assist to secure available resources • Provide safe and confidential housing to facilitate transition and move to sell -sufficiency • Early identification of families at risk for domestic violence Time Frame Yrs 1-2 Yrs 1 - 5 Yrs 1 - 10 Yrs 1-10 Yrs 1 10 Proposed Partners WIC agencies, pediatricians. community clinics Family Reunification Program School homeless liaisons 211, RCCC providers, shelters, transitional housing, HOC DV agencies, 211, RCCC providers, law enforcement, faith congregations 32 SOIANS Bench Ebrnentary, Ma, ,-,"`c."'' UflItR'Cand LIm - - SChOO1 ritStriC' Eirnen,ary UNSHELTERED 7 1.000 M.'''-S"''' \a7le , San Pasqua( Encinaa5 Linton Pamentary Elementary Cardiff Hinclta Elementary, - Hartle t.5 j;.y rItary IN SHELTER$ ANEll- The ilvlost Vulnerable Homeless Students Living in Shelters or Unsheltered Umor Etornen,ary Bonsai) LiPacn ‘f.„? E,emerlary \ OCeDnsatle umioi '641 V,,,ey Center- Pourna United Escondido Cast ai an UrALi ed ' adlad RamOr,d Cs 5 1,at Clita,t.enty Ohre A strvicat)urau Ettroe.ary San -tee Capn Vai/ar ' alms, G!ovp ION Natir,na, Ur1 f ry V.sta A t, ' 47. SOoth &ay San Y4.1dru UniOn E1ementar earnentary San Diego Unified: Homeless Students in Shelters and Unsheltered by ZIP code Jamv1-0,,,z,a Jsc Cle,rentary Mount., Empire Unified 33 Conclusion he tools identified in this Keys to Housing toolbox can be used in concert with other activities employed by cities in our region, the County of San Diego, area nonprofit agencies, the business community, and philanthropy to effectively end family homelessness in San Diego County by 2020.A regional Bison for ending fancily homclessncss has been confirmed and documented through the planning process leading up to the publication (at -this toolbox. �, next steps ¢ 'are The i Fext step �aa e 4r Formalize a structure to assure the sustainability of the effort and accountability of partners; 1. Cit-dn the toothc Begin using the tools and measure results annually; and The full toolbox, with links to best practices, research and tools for action, can be found at www.keystohousing.org. The svcbsire provides strategies for n,evernnacnt, community agencies, businesses, and individuals ready to take action to end family homelessness by 2020. Included on the wehsire will be tools chosen by community partners, the annual report cards of progress towards the eight adopted outcomes, and opportunities for community engagement for advocacy As a toolbox, new tools will continually be identified and added. Please send comments, suggestions and success stories to info4.keystohousing.org_ 34 esources HUD Homeless Resource Exchange www.HUDHRE.info Interagency Council On Homelessness www.ICH.org National Center on Family Homelessness www.familyhomelessness.org National Coalition for the Homeless www.nationalhomeless.org Key 1: Advocacy, aea Center for Policy Initiatives www.CPI.org IomeBase .vww.homebaseccc.org Housing California www.housingca.org National Alliance to End Homelessness www.endhomelessness.org HUD Reducing Barriers in Our Community www.huduser.org/publications/pdf/wnioc.pdf 2-1-1 Referral Resource www.211SanDiego.org Homeless Management of Information www.HMIS.info Supportive Housing: Regional Continuum of Care Council www.sdcounty.ca.gov/sdhcd/homeless/supportive_ housing_program.html Regional Task Force on the Homeless www.RTFHSD.org llso see: Agency & Jurisdiction Sites Hausiiig Corporation for Supportive Housing www.csh.org Fair Housing Council of San Diego www.fhcsd.com Housing Departments www.sdcounty.ca.gov wvvw.sdhc.org siic Security ?od Stability California Department of Fair Employment & Housing www.dfeh.ca.gov Department of Labor, Women's Bureau www.dol.gov/WB National Association for the Education of Homeless Children and Youth www.naehcy.org National Law Center on Children. Poverty & Homelessness www.nlchp.orglhapia.cfm Housing Opportunities Collaborative hocnetwork.squarespace.com National Law Center on Homelessness and Poverty www.nlchp.arg National Coalition for Homeless Veterans www.nchv.org National Healthcare for the Homeless Council www.nhchc.org/council.html National Alliance on Mental Illness www.nami.org Substance Abuse, Mental Health Center www.homeless.samhsa.gov cknowiedgenaents he Keys to Housing: Ending Family Homelessness initiative owes its origins to the commitment and dedication of the San Diego Grantmakers Homelessness Working Group. Their focus on the increasing number of families homeless for the first time as part of their work on all homelessness issues shone a light throughout the couununity that has ignited many other efforts- Special appreciation for her perseverance, time, energy and passion to Mary Herron, trustcc,Thc Parker Foundation, chair, Homelessness Working Group, and board member, San Diego Grantmakers. Under her leadership, all things were possible. Her past experience as 8-year mayor of the City of Coronado brought the initiative to the attention of SANDAG from its Regional Housing Working Group to its Executive Committee. And her contacts with elected leaders, including with chair Todd Gloria, brought many to the table that did not have family homelessness on their priority list previously_ Kudos also to Homelessness Working Group members Karen Brailean and Tim McCarthy for their extraordinary contributions. Keys to Housing gained momentum and political will thanks to the tireless efforts of -Advisory Council Chair Todd Gloria, San Diego City Councilmember District 3. His exhaustive understanding of the issues facing low- income families, compassion for those most vulnerable, and astute ability to engage his fellow elected leadership brought approval of this toolbox to fruition at breakneck speed_ Great appreciation to his entire staff for these efforts, particularly Policy Director Stephen Hill. San Diego County has faced the issues of hornelessness for decades, and the group most focused throughout the years has been the Regional Continuum of -Care Council. This dedicated, volunteer group of community advocates and nonprofit providers has been moving the boulder up the hill for many years. It has been a privilege to illuminate their fine efforts, particularly those focused on the less - seen families at risk of homelessness.The Keys to Housing tools incorporates many of the strategies identified in the RCCC's Blueprint documents created in 2004/05_ Special appreciation lot the enormous time, reaching and wisdom particularly by Patricia Leslie, RCCC facilitator. Dolores Diaz, San Diego County Housing & Community Deselopment;auJ 'ise Fisher, San Diego Housing Conmlission_ The Keys to Housing initiative has been privileged to have the expertise of more than 45 members of the Planning Group that formed a Steering Committee and five subcommittees -Their work over the past year has been exhaustive and inspirational_ While there is not room to call out each member's contributions, their inclusion in the listing in the front of this toolbox document is testament to their integral involveniem.Additionally, the initiative is indebted to those elected leaders from throughout our region who came together often and consistently as members of the Advisory Council over the past year, shared ideas, engaged in thoughtful debate, and approved this toolbox for adoption regionally. Special acknowledgement to the staff of the many nonprofit organizations and public agencies that contributed to the development of the Keys toolbox. Finally, colleagues across the country have informed, inspired and improved the work of the Keys to Housing initiative. Foremost they include Nan Roman, National Alliance to End Homelessness; Bob Hohler, Charitable Trust and FundersTogether; David Wertheimer, Bill & Melinda Gales Foundation; Bill Pitkin, Conrad Hilton Foundation; Katherine Gale, Focus Strategies; and Bridget DeJong and Stacey Murphy, Homel3ase. It was a great privilege and honor to have Barbara Mandel serve as scribe and editor for the ideas, strategies and goals of this illustrious effort, which will result in a healthier community for all San Diegans. San Diego Grantmakers Homeless Working Group 36 • s At 18 Dawn joined the array and spent the next decade serving her country any way she could. With a good job, decent savings and a daughter who was her best friend, Dawn felt pretty good about her life. Then, she was called into another kind of service. "When my mother had a stroke, we moved in with her in Texas. My enure life became about caring tor her —that's just what you do in Asian families," Dawn said. "My savings were gone so quickly, paying all those medical bills," Dawn shakes her head remembering. It soon became clear that Dawn's mother wouldn't be able to stay in her home, and they would need to sell the house to pay for board and care. Dawn and her daughter would be homeless. When a friend in California invited them out to the west coast, Dawn didn't see another option. "It felt like the end of the world. Three days with motion sickness on a Greyhound bus," Dawn reflects. Shortly after arriving in San Diego, Dawn found Solutions 4 Change. Solutions gave them a home while Dawn recovered emotionally from all they'd been through and got her feet back on the ground. Now, a year later, Dawn seems optimistic about the future. With a job as a security guard she is nurturing another savings account and is looking forward to saving enough to buy a car for herself and her daughter. Amber, now 18, has adapted well to life in California. Dawn laughs as she recounts the first time Amber saw the Pacific Ocean,"It's infinity!" she shouted. With the security of a stable home, Amber has completed her GED and is already working on even bigger goals. She has enrolled in the Art Institute with plans for a career creating video games. Dawn loves their peaceful life. "I lust can't believe there's a program like this out there to help people. It's a community there. They're just like family." c/o San Diego Granonakers 5060 Shoreham P1., Suite 350 San Diego, CA 92122 858.875.3333 www.keystohousing.org in fo@keysrohousing.org CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 21, 2012 AGENDA ITEM NO. 16 EM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for the sale of beer and wine at a proposed Wingstop restaurant at 932 Highland Avenue. (Applicant: Woody DeMayo) (Case File 2011-31 CUP) PREPARED BY: Martin Reeder, AICP DEPARTMENT: pinning. PHONE: 336-4313 APPROVED BY: ' 1' EXPLANATION: The project site is a 1,700 square -foot suite in the small commercial center at the northwest corner of Highland Avenue and Plaza Boulevard. The suite was formerly a Verizon Wireless store that is undergoing a tenant improvement to be a Wingstop restaurant. The applicant is requesting to offer beer and wine for on site consumption between the hours of 10:30 a.m. and midnight seven days a week. All alcohol products would be stored in the rear kitchen and storage area and would be served to the purchaser at the point of sale. Planning Commission conducted a public hearing on February 6, 2012. No concerns were noted from area residents. Commissioners asked questions regarding PD comments and parking. Concerns were raised about community notification and proximity to schools. The Commission 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: 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, DeLaPaz, Farias, Flores, Pruitt, Reynolds Nays: Baca ATTACHMENTS: Location Map 3. Resolution No. 5-2012 Planning Commission Staff Report 4. Reduced Plans 8th St 820 840 Central Elementary 910 Plaza Blvd 815 845 MXG-2 903 927 943 0 w 03 1000 1020 1100 MXD-2 CD r c0 1019 Subject Parcel — — — Zone Boundary I I I IFeet 0 100 200 400 APN: 556-592-19 Planning Commission Location Map 2011-31 CUP 1 012511 Title: Item no. 6 February 6, 2012 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 WINGSTOP RESTAURANT LOCATED AT 932 HIGHLAND AVENUE. Case File No.: 2011-31 CUP Location: Northwest corner of Highland Ave. and Plaza Blvd. Assessor's Parcel No.: 556-492-19 Staff report by: Martin Reeder, AICP — Assistant Planner Applicant: Woody DeMayo Property owner: Farb, Harry E Trust Zoning designation: MXC-2 (Major Mixed -Use Corridor) Adjacent land use/zoning: North: Commercial use / MXC-2 East: Commercial use across Highland/ MXC-2 South: Commercial use across Plaza Blvd / MXD-2 West: Central Elementary School / I Environmental review: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) 2 BACKGROUND Site Characteristics The project site is a part of a small commercial strip center located at the northwest corner of Highland Avenue and Plaza Blvd in the MXC-2 (Major Mixed -Use Corridor) zone. The whole center is developed with three buildings. The subject suite is located within the southernmost building, which is approximately 5,000 square feet in size. The 1,700 square -foot suite was formerly a wireless telephone store. There are 49 parking spaces distributed throughout the whole center, 21 of which are adjacent to the subject suite. Proposed Use The applicant is requesting to offer beer and wine for on site consumption between the hours of 10:30 a.m. and midnight seven days a week. All alcohol products would be stored in the rear kitchen and storage area and would be served to the purchaser at the point of sale. Most of the customer portion of the restaurant is shown on plans as seating area, providing 68 seats overall. The customer area is roughly half of the suite. Analysis Alcohol /Community Meeting Chapter 18.30 of the National City Land Use Code allows for on -site alcohol sales with an approved Conditional Use Permit (CUP). Pursuant to Section 18.30.050 (C), a community meeting was held Monday, January 30, 2012 at 6:00 p.m. at the Clarion Hotel. The applicant states that all property owners and occupants within 660 feet of the store were notified by mail of the meeting, but that no-one attended the meeting. Alcohol Sales Concentration/Location Per California State Alcoholic Beverage Control (ABC), there are currently eleven (11) on -sale permits issued in this census tract (117). These permits are: Name Trophy Lounge Royal Mandarin Thomas H. Crosby VFW Golden Chopsticks Karina's Panda Palace Ginza Sushi Lai Thai Cafe La Maze American Legion Post 255 Chuck E. Cheese's Address 999 National City Blvd. 1132 E. Plaza Blvd. 1401 Highland Ave. 1430 E. Plaza Blvd. 1705 Highland Ave. 1105 E. Plaza Blvd. 925 E. Plaza Blvd. 1430 E. Plaza Blvd. 1441 Highland Ave. 35 E. 18'h St. License Type" 48 41 52 41 41 41 41 41 47 52 1143 Highland Ave. 41 t Type 41 - On -Sale Beer and Wine for Bona Fide Public Eating Place Type 47 - On -Sale General for Bona Fide Public Eating Place Type 48 - On -Sale General for Public Premises Type 52 - Veterans' Club 3 Of the ten licenses, eight are restaurants, two are private licenses (VFW and American Foreign Legion), and the last a bar. Census tract 117 includes the area of the City between East 8th and 18th Street, and between National City Blvd. and Palm Avenue. The attached census tract map shows the location of the subject tract. ABC recommends a total of eight on -sale alcohol permits be issued in this census tract, where eleven exist. Chapter 18.030.050 (D), which applies with regard to distance requirements from other uses, requires a 660-foot distance from sensitive uses such as schools. As mentioned above, the property is located immediately adjacent to Otis Elementary School. However, restaurants with greater than 30% of their area devoted to seating (as applies in this case) are exempt from this distance requirement. Police Department comments Crime statistics provided by the Police Department (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. Consistent with recent policy, PD provided a Risk Assessment report on the property. The assessment assigns points based on the type of business, license concentration, and calls for service (among others) and ranks the business according to potential risk (low, medium, or high). In this case, Wingstop received 12 points, which would indicate a low risk. The Risk Assessment is attached. Institute for Public Strategies comments An assessment of the proposal was also received from the Institute for Public Strategies (IPS). Issues mentioned RBSS (Responsible Beverage Sales and Service) training, which is included as a Condition of Approval 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 Fire Department commented on the application and are requiring compliance with Fire Code (e.g., sprinklers, alarms, signage). Summary The sale of alcohol for on -site consumption at Wingstop will contribute to the viability of a restaurant, a permitted use within the Major Mixed -Use zone. Conditions of Approval for the sale of alcohol are intended to reduce the potential for adverse effects on area uses. Although this CUP will provide current Conditions of Approval consistent with City policy, the census tract in which the business is located is over -concentrated with regard to on -sale alcohol licenses. 4 RECOMMENDATION 1. Approve 2011-31 CUP subject to the conditions listed below, based on attached findings; or Deny 2011-31 CUP based on attached findings/findings to be determined by the Planning Commission; or 3. Continue the public hearing to a specific date. ATTACHMENTS 1. Recommended Findings for Approval/Denial 2. Recommended Conditions 3. Location Map 4. Census Tract Map and Police Beat Map 5. Community Meeting Information (Notice) 6. Notice of Exemption 7. Public Hearing Notice (Sent to 248 property owners and occupants) 8. Site photos 9. Police and Fire Department Comments 10. Applicant's Plans (Exhibit A, Case File No. 2011-31 CUP, dated 11/23/2011) MARTIN REEDER, AICP Assistant Planner BRAD RAULSTON Executive Director 5 RECOMMENDED FINDINGS FOR APPROVAL 2011-31 CUP, 932 Highland Ave. That the site for the proposed use is adequate in size and shape, since the proposed use is an accessory use to a proposed 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 Highland Avenue and Plaza Blvd. 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. 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 mixed -use zone. 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. RECOMMENDED FINDINGS FOR DENIAL 2011-32 CUP, 1539 Highland Ave. 1 That the proposed use is not deemed essential and desirable to the public convenience and welfare, since there is already an over -concentration of on -sale alcohol licenses in census tract 117.00 in which the subject property is located. 2. The proposed use is not deemed essential and desirable to the public convenience and welfare since beer and wine are currently offered at eight other outlets within the same census tract. That public convenience and necessity may not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 6 RECOMMENDED CONDITIONS OF APPROVAL 2011-31 CUP, 932 Highland Ave. General 1. This Conditional Use Permit authorizes the on -sale of beer and wine within a restaurant located at 932 Highland Ave. Consumption of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A, case file no. 2011-31 CUP, dated 11/23/2011. 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 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. Fire 7. 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 the National Fire Protection Association Codes and Standards. 8. Occupancy for the suite shall be an A-2 occupancy, as determined by the California Fire Code, 2010 edition, Chapter 9, Section 903.2.1.2. 9. If a sprinkler and/or alarm system is required, plans for such systems shall be submitted directly to the National City Fire Department. 10. Signage is required for all fire alarm and fire sprinkler coverage. Please consult with the National City Fire Department for City Fire requirements. Planning 11. The sale of alcoholic beverages shall be limited to between the hours of 10:30 a.m. and 12 a.m. (midnight) seven days a week. 12. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 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. 14. Alcohol shall be available only in conjunction with the purchase of food. 15. 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. 16. No bar is permitted as part of this approval. 17. No live entertainment, karaoke, or dancing is permitted as part of this approval. Police 18. 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 0 106.02 City of National City CENSUS TRACTS 0.5 1 �N September 2003 Miles h tLaunc! Sweetwater County Park `fleSea' Sts eslleval Statioa 0),l988,,2006MMicrosoll Copse -shun andlor itf opphert In9 is re erved)Podmns ®'}}rl990 20051nstallShi Id Softwai Corporation. All ght r.served'. dtdirelcODntlala C20O5 NAVTEO_ All rights reserver: NAil 49and)AVrEQ ON BOARDjarg-trademarks 1'NAVAE0 02O05 Tel Alias North Ame Ca Inc<. eleAtlas and Tele Atlas oral America,ate-tratlemarks &Tele Atlas Inc. ' \i A5 ;:7 \g Source: Microsoft Mappoint NCPD CAU, 4/18/07 City of National City Beat 20 10 Notice of Public Meeting Applicant:WINGSTOP RESTAURANT -WOODY DEMAYO Case Number: 2011-31-CUP-Conditional Use Permit to Sale of Beer & Wine Property Address: 932 HIGHLAND AVE., NATIONAL CITY, 91950 Request:The request is for a CUP to allow the sale of Beer and Winein a 1,800 square foot upscale restaurant. Hours of operationfrom 10:30am to Midnight daily. Wingstop is a good communityneighbor in the areas they serve and operates a professionalbusiness at all times. Wingstop will conduct a public meeting concerning the above request. You are invited to attend and provide comment. PLACE: CLARION HOTEL — Meeting Room 700 National Blvd., National City DATE: MONDAY JANUARY 30, 2012 TIME: 6:OOPM 11 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: 2011-31 CUP Project Location: 932 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 application for the sale of beer and wine for on -site consumption in conjunction with a proposed restaurant (Wingstop). Applicant: Woody DeMayo 26160 Rancho Manuella Lane Los Altos, CA 94022 Exempt Status: Telephone Number: (650) 996-0105 Categorical Exemption. Class 1 Section 15301 (Existing Facilities) Reasons why project is exempt: The project will result in no changes to the physical environment, since the proposal involves the sale of alcohol for on -site consumption at a restaurant within an existing commercial building, an approved use. Date: MARTIN REEDER Assistant Planner 12 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT A WINGSTOP RESTAURANT LOCATED AT 932 HIGHLAND AVENUE. CASE FILE NO.: 2011-31 CUP APN: 556-492-19 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, February 6, 2012, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Wingstop) The applicant wishes to offer beer and wine sales (Type 41 ABC license) during the hours of 10:30 a.m. to midnight seven days a week. Information is available for review at the City's Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 12:00 p.m., February 6, 2012, who can be contacted at 619-336-4310 or planninq(c�nationalcityca.gov 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 Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DIVISION MARTIN REEDER, AICP Assistant Planner 13 2011-31 CUP — 932 Highland Ave. — Wingstop — Site Photos East Elevation (Highland Avenue side) West Elevation (Parking Lot side) 14 NATIONAL CITY POLICE DEPARTMENT ALCOIIOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 12/2/2011 BUSINESS NAME: Wmgstop Restaurant ADDRESS: 932 Highland Avenue, National City, CA 91950 OWNER NAME: Woody Demayo (Applicant) DOB: UNK OWNER ADDRESS: 26160 Rancho Manuella Lane, Los Altos, CA, 94022 (add additional owners on page 2) 1. Type of Business Restaurant (1 pt) ❑ Market (2 pts) ❑ Bar/Night Club (3 pts) IL Hours of Operation ❑ Daytime hours (I pt) D Close by 10pm (2 pts) VI Close after IOpm (3 pts) III. Entertainment ❑ Music (I pt) ❑ Live Music (2 pts) ❑ Dancing/Live Music (3 pts) IV. Crime Rate ❑ Low (1 pt) l71 Medium (2 pts) ❑ High (3 pts) V. Alcohol Businesses per Census Tract ❑ Below (1 pt) ❑ Average (2 pts) Q1 Above (3 pts) Notes: Revised: 11/11 1 of 2 15 National City Police Department ABC Risk Assessment VI. Calls for Service at Location (for previous 6 months) ✓ I Below (1 pt) Ll Average (2 pts) Li Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) ❑ Mostly commercial businesses (1 pt) VI Some businesses, some residential (2 pts) ❑ Mostly residential (3 pts) VIII. Owner(s) records check i No criminal incidents (0 pts) L Minor criminal incidents (2 pts) LJ Multiple/Major criminal incidents (3 pts) Low Risk ( I2pts or Tess) Medium Risk (13 — 18pts) High Risk (19 — 24pts) Total Points 12 OWNER NAME: Jeffrey Silverman (Property Owner) DOB: UNK OWNER ADDRESS: 790 Estate Drive, Ste100, Deerfield, IL. OWNER NAME: Woody Demayo (Applicant) DOB: UNK OWNER ADDRESS: 26160 Rancho Manuella Lane, Los Altos, CA, 94022 Recommendation: There are currently eight (10) "On Sale" ABC Licensed establishments. ABC concentration level allows for four (8), based on ABC guidelines the census tract is over concentrated. Please see attached documentation. Completed by: G. Young, Sergeant 2 of 2 Badge ID: 365 16 4p City of National City Fire Department Phone (619) 336-4550 NALJT ��5rromrEn Planning Department Plan Review Date: Project: Review: December 14, 2011 W ingstop R. Ilernandez/Fire Marshal Listed plan corrections related to the National City Fire Department. If you have any questions please call (619) 336-4550. Please be advised: A fire Department permit will not be issued unless all corrections are completed and approved. 1) Project shall be built to code 2) The National City Fire Department utilizes all current codes and ordinances. A time of submittal, we were using the 2010 edition of the California Fire Code and the 2010 editions of NFPA 3) As this business will be expanding into additional building, please refer to the California Fire Code 2010 edition chapter 9 section 903.2.1.2 for an A-2 occupancy 4) If a sprinkler and alarm system is required, a direct submittal to the National City Fire Department is required 5) Signage will be required for all fire alarm and fire sprinkler coverage. Please consult with the National City Fire Department for AHJ requirements Note: Approval for final sign -off shall be contingent upon final field inspection and compliance with all applicable codes and ordinances 17 RESOLUTION NO. 5-2012 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 WINGSTOP RESTAURANT LOCATED AT 932 HIGHLAND AVENUE. CASE FILE NO. 2011-31 CUP APN: 556-492-19 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 wingstop restaurant located at 932 Highland Avenue at duly advertised public hearing held on February 6, 2012, 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. 2011-31 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 February 6, 2012, 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 a proposed 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 and Plaza Blvd. 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. 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. 18 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 mixed -use zone. 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 932 Highland Ave. Consumption of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A, case file no. 2011-31 CUP, dated 11/23/2011. 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 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. Fire 7. 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 the National Fire Protection Association Codes and Standards. 19 8. Occupancy for the suite shall be an A-2 occupancy, as determined by the California Fire Code, 2010 edition, Chapter 9, Section 903.2.1.2. 9. If a sprinkler and/or alarm system is required, plans for such systems shall be submitted directly to the National City Fire Department. 10. Signage is required for all fire alarm and fire sprinkler coverage. Please consult with the National City Fire Department for City Fire requirements. Planning 11. The sale of alcoholic beverages shall be limited to between the hours of 10:30 a.m. and 12 a.m. (midnight) seven days a week. 12. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 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. 14. Alcohol shall be available only in conjunction with the purchase of food. 15. 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. 16. No bar is permitted as part of this approval. 17. No live entertainment, karaoke, or dancing is permitted as part of this approval. Police 18. 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. 20 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of February 6, 2012, by the following vote: AYES: DeLaPaz, Farias, Alvarado, Reynolds, Pruitt, Flores NAYS: Baca ABSENT: ABSTAIN: CHAIRMAN 21 MIN --r Pi Nu WAR.F!`ER1 -.. - PAW �iG>r0l 9' .1 �DENNAE AD/GENRE. PARICK EXHIBIT A CASE FILE NO. 2011-31 CUP DATE: 11/23/2011 x EX''STNG ACAMP B ACCESSIBLE RAT PARKING FILE Copti u«i+eaew7 ecwe:u+o EXISTING .^-ACCESSIBLE PARKING SIGNAGE C/ .ceiro.K r�a.wne n.R:..G e.,+-rt uaJi.a+eur.. cw�.nu�u��c weevv*. .ROPn.[ir1se.,:4 LG( lYi EXISTING PARK NG PL'aN NO 0.91.PWr ^uuY! SPGRAN, N.09 PA, C. NAAR, PACW. i SPORE KMG De ARK 0f MAKE N99, ta, EKE, PP 3 De P eE mccEesieiim LSON.REdIRPeune P.cpYp AREA GP ET[bEL euN3. cuR♦ AM, IS M-ae a cctn0c-Nenvo De NN,CAP PC,99iEe Mieo r,e !Pace b RATTAN RMPe. ee••Pe nwmen e. rue w.r Pecr R 9e/ ar. `RO NDA. nnrrrDR Ya cw•mltlarEO wru . AND P.'.w.,e OPP e.ierw 99/ ND AEE0 r:. eE e�iic wvPiD DP DE ca` roa `� rye, 09A PRo.roEe e. EAR areuPE0 Re o o.K.Rcem,R EN w s. � cr . EA, wrE r PCCJECE NURSER/ =ma ISPUE CARE. J` 9EYEREEK rnYK..mEmc. OCreepe IaDDmiNG pre, uweere SP.I _RM-3 1440 r 1443 1501 1436 J 1442 RS-2 1509 G7 1515 1502 V -1 (3i 1528 1548 and pu e 16! H 1441 1432 CO N (0 1440 E 15th St; r 00 r N r o 1539., r r 1515 1519 E 16th St MXC-2 A-2 1610 1630 RS-2 CO w 0 CO w 0 00 co 0) (0 (0 0 (0 01 1605 CO CO 0 0) 0 1611 1619 1616 1618 1641 1622 cn (0 0) (0 N 0) RM-2 Subject Parcel —— Zone Boundary f I 1 'Feet 0 75 150 300 A P Pd : 56 1-040.01 Planning Commission Location Map 2011-32 CUP 01.25.11 1 Title: Item no. 4 February 6, 2012 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 & WINE AT A NEW 7-11 TO BE LOCATED AT 1539 HIGHLAND AVENUE. Case File No.: 2011-32 CUP Location: Northeast corner of Highland Ave. and East 16th St. Assessor's Parcel No.: 561-040-01 Staff report by: Martin Reeder, AICP — Assistant Planner Applicant: William A. Adams Property owner: Brown Family Trust Zoning designation: MXC-2 Major Mixed -Use Corridor) Adjacent land use/zoning: North: Commercial / MXC-2 East: Church with residential beyond / RS-2 South: Commercial across E. 16th St. / MXC-2 West: Commercial across Highland Ave. / MXC-2 Environmental review: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) 2 BACKGROUND Site Characteristics The project site is the former Autozone, located at the northeast corner of Highland Avenue and East 16th Street in the Major Mixed -Use Corridor (MXC-2) zone. There is a church to the east and commercial uses to the north and south along Highland Avenue. The approximately 10,000 square -foot property is developed with a 3,600 square -foot building and has 15 on -site parking spaces. 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). Alcohol sales are expected to be approximately 15% of total store sales. The store will be open 24 hours a day, 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. For comparison purposes, a 7-11 approved earlier this year for alcohol sales was limited to sales hours of 6 a.m. to midnight. However, the applicant is requesting the maximum sales hours consistent with state requirements. Per the attached floor plan (Exhibit A), beer and wine will be stored in the last four of twelve reach -in coolers along the eastern wall of the store (farthest from the sales counter). A non -refrigerated 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. Analysis Alcohol /Community Meeting Chapter 18.30 of the National City Land Use Code allows for on -site alcohol sales with an approved Conditional Use Permit (CUP). Pursuant to Section 18.30.050 (C), a community meeting was held Monday, January 30, 2012 at 6:00 p.m. at the Chamber of Commerce. The applicant states that all property owners and occupants within 660 feet of the store were notified by mail of the meeting, but that no-one attended the meeting. 3 Alcohol Sales Concentration/Location Per California State Alcoholic Beverage Control (ABC), there are currently eight (8) off - sale permits issued in this census tract (117). These permits are: Name Address License Type* CUP? Big Lots 1410 Plaza Blvd 20 Y Farmers Discount Market 1535 E 18th St 21 N Seafood City 1420 Plaza Blvd 21 Y Big Ben Market 108 E 8th St 21 N Wilson Liquor 916 E 8th St 21 Y Smart & Final 1220 Plaza Blvd 21 Y CVS 1201 Plaza Blvd 21 Y Wal-Mart 1100 Highland Ave 20 Y * Type 20 - Off -Sale Beer and Wine Type 21 - Off -Sale General (beer, wine, and distilled spirits) Of the eight licenses, six are are off -sale general (beer, wine, and distilled spirits) and two are off -sale beer and wine. Six of the eight outlets have Conditional Use Permits. Census tract 117 includes the area of the City between East 8th and 18th Street, and between National City Blvd. and Palm Avenue. The attached census tract map shows the location of the subject tract. ABC recommends a total of four off -sale alcohol permits be issued in this census tract, where eight exist. Chapter 18.030.050 (D), which usually applies with regard to distance requirements from other uses, requires a 660-foot distance from sensitive uses such as schools_ However, outlets not selling alcohol products as a primary offering (as applies in this case) are exempt from these distance requirements. The nearest school is John Otis Elementary, which is located approximately 400 feet away to the southwest, across Highland Avenue. Police Department comments Crime statistics provided by PD indicate that the reporting area (Beat 21) had a 2009 crime rate of 109.7%, below the 120% considered to be a high crime area. Consistent with recent policy, PD provided a Risk Assessment report on the property. The assessment assigns points based on the type of business, license concentration, and calls for service (among others) and ranks the business according to potential risk (low, medium, or high). In this case, 7-11 received 11 points, which would indicate a low risk. The Risk Assessment is attached. Institute for Public Strategies comments An assessment of the proposal was also received from the Institute for Public Strategies (IPS). Issues mentioned were alcohol outlet concentrations in the area, surrounding uses, RBSS (Responsible Beverage Sales and Service) training, and 4 prohibiting the sale of high risk product (single sales and three -packs). RBSS training is required per Conditions of Approval. The no three -pack suggestion would have to be addressed by Council as the recently approved Council alcohol policy allows for manufacturer's pre -packaged three -packs of 24-oz cans. Only Council can modify conditions required by the policy, although Planning Commission can recommend such modification to the Council as part of their recommendation. 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 sales, cup and ice prices, and signage). There are also conditions requiring coolers containing alcohol products to be locked after sales hours and for video surveillance equipment to be installed_ 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 Major Mixed -Use zone. Conditions of Approval for the sale of alcohol are intended to reduce the potential for adverse effects on area uses. Although this CUP will provide current Conditions of Approval consistent with City policy, the census tract in which the business is located is already contains twice the recommended ABC licenses and is, as such, over -concentrated with regard to off -sale alcohol licenses. RECOMMENDATION 1. Approve 2011-32 CUP subject to the conditions listed below, based on attached findings; or Deny 2011-32 CUP based on attached findings/findings to be determined by the Planning Commission; or 3. Continue the public hearing to a specific date. 5 ATTACHMENTS 1. Recommended Findings for Approval/Denial 2. Recommended Conditions 3. Location Map 4. Census Tract Map and Police Beat Map 5. Community Meeting Notice 6. Notice of Exemption 7. Public Hearing Notice (Sent to 344 property owners and occupants) 8. Site photos 9. Police Department Comments 10. Applicant's Plans (Exhibit A, case file no. 2011-32 CUP, dated 11/30/2011) MARTIN REEDER, AICP Assistant Planner BRAD RAULSTON Executive Director RECOMMENDED FINDINGS FOR APPROVAL 2011-32 CUP, 1539 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 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. 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. RECOMMENDED FINDINGS FOR DENIAL 2011-32 CUP, 1539 Highland Ave. 1. That the proposed use is not deemed essential and desirable to the public convenience and welfare, since there is already an over -concentration of off -sale alcohol licenses in census tract 117.00 in which the subject property is located. 2. The proposed use is not deemed essential and desirable to the public convenience and welfare since beer and wine are currently offered at eight other outlets within the same census tract. 3. That public convenience and necessity may not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED CONDITIONS OF APPROVAL 2011-32 CUP, 1539 Highland Ave. General 1. This Conditional Use Permit authorizes the off -sale of beer and wine from a convenience store located at 1539 Highland Ave. Plans submitted for permits associated with this project shall conform with Exhibits A, Case File No. 2011-32 CUP, dated 11/30/2011. 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 beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 8. No beer products shall be sold of less than manufacturer's pre -packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. 9. No sale of wine shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 10. Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's pre -packaged multi -unit quantities. 8 11. 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. 12. 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. 13. 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. 14. The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A, Case File No. 2011-29 CUP, dated 11/02/2011. In addition, no alcohol shall be displayed on end caps or featured in the main aisles of the store. 15. Permittee shall post signs on the exterior building walls 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 17 by 22 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." 16. Containers of alcohol may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 17. 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. 18. 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. 19. All sellers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 20. The sale of alcoholic beverages shall be prohibited between the hours of 2 a.m. and 6 a.m. 21. 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. 9 22. No coin operated amusement devices shall be operated on the licensed premises. This restriction is intended to discourage loitering by those interested in or involved in purchasing alcoholic beverages and do not apply to coin operated rides in the front vestibule of the store intended to cater to children. 23. As part of this permit, security cameras shall be installed on the premises. Police 24. 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. 10 City of National City CENSUS TRACTS Sweetwater County Park a c13ep1+1:ttds-St f: qf° •Soabhive $auDegr !r Henderson J Recreation Center r 1 ij ,41 h._1 f- -: -fay-�+�Ik•�- �I 4. Q'� 1 £.(t.S���ri$f �?" 1� 'y�'11`�•t1 ,��y1p'gyp Y t.1. q 1 ll 1 i rft V .,;,,,, Il 1-J r ( 1 1 t1 ,` �? M ? c l <_,:4A y , Las Paimasl it t41 1,4 ,„4 - - `\ CepYrifjbt©14nd(P))98R-2006 Mlcrosofl Corporaioiiandfor tls�supphers All nghts'eresenied Fo, rtions C3.199O-2OOS1n rlShleldSoftware Corporation All rights res erved r c am Mapping al0d ectlon dataei005jjiiAv/T€O.Ad rights reserved. NAVTEO:and NAUT €IN eOARD: a}e trader 0i?o7 NAVTE0 32005 Tele Atlas Nor111 America, Inca All riihts'reerved Tele'Nlas and Tele-Alias North.America are tr3detn9rNs of Tele Atlas lnc —'� Source: Microsoft Mappoint NCPD CAU, 4/18/07 City of National City Beat 21 12 OTICE OP. PUBLIC MEETING CONDITIONAL USE PERMIT 7 ELEVEN, INC. DATE OF MEETING: MEM January 30th, 2012 TIME OF MEETING: 6:00 p.m. LOCATION OF MEETING: National City Chamber of Commerce 901 National City Blvd. National City, CA 91950 PROJECT TYPE: Conditional Use Permit for Sale of Beer and Wine (off -premises consumption only), 24 Hour Operation (not applicable to beer & wine sales), and Signage. PROJECT NAME: 7-Eleven, 1539 Highland Ave., National City, CA APPLICANT: 7-Eleven, Inc. PROJECT CONTACT: William A. Adams MAILING ADDRESS: 525 B Street, Suite 1500 PHONF. NUMBER: (619) 233-8200 E-MAIL ADDRESS: wadams@nmalawfirm.com As a property owner, tenant, or person who has requested notice, please be advised that 7- Eleven, Inc. will hold a public meeting to provide information, answer questions, receive comments, and be informed of concerns regarding a proposed Conditional Use Permit to sell beer and wine, operate twenty four hours per day (not applicable to beer & wines sales), and install signage at 1539 Highland Ave., National City, California. The permit would allow the sale of beer and wine for consumption off of the store premises. The permit would be subject to operating conditions based on input from the Police Department, the Public, and the Planning Department. If you have any questions after reviewing this information, you can call the Project Contact listed above. 13 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: 2011-32 CUP Project Location: 1539 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 application for the sale of alcohol for off -site consumption in conjunction with a proposed 7-11 convenience store. Applicant: William Adams 9771 Clairmont Mesa Blvd. #G San Diego, CA 92124 Telephone Number: (858) 715-2714 Exempt Status: Statutory Exemption. (State type and Section No., if applicable) ® Categorical Exemption. Class 1 Section 15301 (Existing Facilities) ❑ Not a project as defined in Section 15332 of CEQA Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: The project will result in no changes to the physical environment, since the proposal involves the sale of alcohol for off -site consumption from a convenience store, an approved use in the respective commercial zone, and since no expansion is proposed. Date: MARTIN REEDER, AICP Assistant Planner 14 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT A NEW 7-11 TO BE LOCATED AT 1539 HIGHLAND AVENUE. CASE FILE NO.: 2011-32 CUP APN: 561-040-01 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, February 6, 2012, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: William A. Adams) The applicant is requesting to sell beer and wine (Type 20 ABC license) from 6 a.m. to 2 a.m. daily. The store would be open 24 hours a day. Information is available for review at the City's Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 12:00 p.m., February 6, 2012, who can be contacted at 619-336-4310 or planninq@nationalcityca.gov 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 Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DIVISION MARTIN REEDER, AICP Assistant Planner 15 2011-32 CUP — 1539 Highland Ave. — 7-11 — Site Photos Looking east from Highland Avenue Looking north from East 16th Street 16 NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 12/28/2011 BUSINESS NAME: 7/11 ADDRESS: 1539 Highland Avenue, National City, CA, 91950 OWNER NAME: William A. Adams (Applicant) DOB: Link OWNER ADDRESS: 525 "B" Street, San Diego, CA, 92101 (add additional owners on page 2) I. Type of Business ❑ Restaurant (I pt) V Market (2 pts) • Bar/Night Club (3 pts) II. Hours of Operation ❑ Daytime hours (1 pt) f] Close by lOpm (2 pts) VI Close after 10prn (3 pts) Ill. Entertainment ❑ Music (1 pt) ❑ Live Music (2 pts) ❑ Dancing/Live Music (3 pts) IV. Crime Rate • Low (1 pt) ❑ Medium (2 pts) ❑ High (3 pts) V. Alcohol Businesses per Census Tract ❑ Below (1 pt) t ] Average (2 pts) 14 Above (3 pts) Notes: Revised: 11/11 1 of 2 17 National City Police Department VI. Calls for Service at Location (for previous 6 months) ✓ Below (1 pt) ❑ Average (2 pts) ❑ Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) ❑ Mostly commercial businesses (I pt) ✓ Some businesses, some residential (2 pts) ❑ Mostly residential (3 pts) VII1. Owner(s) records check V No criminal incidents (0 pts) Li Minor criminal incidents (2 pts) ❑ Multiple/Major criminal incidents (3 pts) ABC Risk Assessment Low Risk ( I2pts or less) Medium Risk (13 — 18pts) High Risk (19 — 24pts) Total Points 11 OWNER NAME: William A. Adams (Applicant) DOB: Unk OWNER ADDRESS: 525 "B" Street, San Diego, CA, 92101 OWNER NAME: Greg Velasquez (Property Owner) DOB: Unk OWNER ADDRESS: 828 Prospect Street #E, La Jolla, CA, 92037 Recommendation: Census tract 117 currently has 19 ABC Licensed businesses. There are 2 of the 19 that are attempting to modify licenses types (Chuck E Cheese and Wal Mart) and 1 other business applying for a new license (Wing Stop), this would make 20 ABC Licenses in census tract 117, 8 more than allowed by ABC in this census tract. Census Tract 117 is designated to have 12 ABC licenses. With Wing Stop and this new 7/11, the total of ABC license types in census tract would be 21, 9 over the designated amount of 12 set forth by ABC. Completed by: Graham Young, Sergeant 2 of 2 Badge ID: 365 18 RESOLUTION NO. 4-2012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER & WINE AT A NEW 7-11 TO BE LOCATED AT 1539 HIGHLAND AVENUE. CASE FILE NO. 2011-32 CUP APN: 561-040-01 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the sale of beer and wine at a new 7-11 to be located at 1539 Highland Avenue at duly advertised public hearing held on February 6, 2012, 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. 2011-32 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 February 6, 2012, 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 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. 19 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. 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 1539 Highland Ave. Plans submitted for permits associated with this project shall conform with Exhibits A, Case File No. 2011-32 CUP, dated 11/30/2011. 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 arrppting 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 beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 8. No beer products shall be sold of less than manufacturer's pre -packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. 20 9. No sale of wine shall be sold in containers of Tess than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 10. Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's pre -packaged multi -unit quantities. 11. 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. 12. 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. 13. 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. 14. The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A, Case File No. 2011-29 CUP, dated 11/02/2011. In addition, no alcohol shall be displayed on end caps or featured in the main aisles of the store. 15. Permittee shall post signs on the exterior building walls 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 17 by 22 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." 16_ Containers of alcohol may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 17. 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. 18. 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. 19.All sellers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 21 20. The sale of alcoholic beverages shall be prohibited between the hours of 2 a.m. and 6 a.m. 21. 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. 22. No coin operated amusement devices shall be operated on the licensed premises. This restriction is intended to discourage loitering by those interested in or involved in purchasing alcoholic beverages and do not apply to coin operated rides in the front vestibule of the store intended to cater to children. Police 23. 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 February 6, 2012, by the following vote: AYES: Farias, Alvarado, Reynolds, Pruitt, Baca, Flores NAYS: DeLaPaz ABSENT: ABSTAIN: CHAIRMAN 22 SALE S rrE LMMRY EXHIBIT A CASE FILE NO. 2011-32 CUP DATE 11/30/2011 HFA 1111 I-NI:PSI I I, 11,101:• FOR REVIEW ONLY SITE PLAN CONCEPT-1 C1.0 Fi',14r4T4',11. OF SOPS, r%- rr 77,77,‘1.7771' 777 '" 1 4 ONO EXTERIOR ELEVATION - SOUTH (E 16TH ST) Ex.1211No 00.NC 14, 2 EXTERIOR ELEVATION - VVEST (HIGHLAND AVE) F,12:'<9.1s1:4"1. 0411-17'41.1`41F1'..' 7Th EXTERIOR ELEVATION — EAST BUILCINO 4,, EXTERIOR ELEVATION - NORTH 1' !MI ,L“ EXTEMP ELEVATIONS A1.0 HARRISON FRONCN 8 3Q iM2 Curl OCR teisals 4iu an WT 01/I6/I11 CIIONS/ CC FLOW PLAN A101 mccTING DATE: SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY AGENDA STATEMENT February 21, 2012 AGENDA ITEM NO. 18 ITEM TITLE: Report on Appointment Process for the Oversight Board pursuant to ABx1 26 PREPARED BY: Claudia Gacitua Silva PHONE: X 4222 EXPLANATION: Please see attached staff report. DEPARTMENT: Ci APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: File report. BOARD! COMMISSION RECOMMENDATION: N/A .,I rACHMENTS: Staff report. Mayor Ron Morrison Council Members Alejandra Sotelo-Solis Louis Natividad Mona Rios Rosalie Zarate - CALIFORNIA .4•1.- NATIONAL CITY INCdRPORA�F%D Office of the City Attorney MEMORANDUM City Attorney Claudia Gacitua Silva Deputy City Attorney Jennifer Knight TO: Mayor and City Council DATE: February 21, 2012 FROM: City Attorney SUBJECT: Appointments to Oversight Board Established Pursuant to ABx1 26 As you are aware, the state abolished redevelopment agencies pursuant to ABx1 26. As of February 1, 2012, redevelopment agencies ceased to exist and were replaced by successor agencies tasked with winding down affairs and carrying out enforceable obligations. The City's former redevelopment agency has been replaced with the entity known as the Successor Agency to the Community Development Commission as the National City Redevelopment Agency. ABx1 26, as part of the dissolution, requires each successor agency to "have an oversight board composed of seven members." Health and Safety Code section 34179(a). Two of the seven appointments are mayoral appointments. Health and Safety Code sections 34179(a)(2) and 34179(a)(7). Council inquired as to the appointment process for the two mayoral appointments. This memorandum addresses Council's question. I. GENERALLY, THE POWER TO APPOINT BELONGS TO THE MAYOR, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL A. Government Code Section 40605 The City of National City is a general law city with an elected mayor. Accordingly, appointments to boards and commissions are made by the Mayor subject to the approval of the City Council. Government Code section 40605 specifically states: In general law cities where the office of mayor is an elective office .. . the mayor, with the approval of the city council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statute. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 The appointment process stated above applies to local and regional boards, commissions, and committees, and applies to the oversight board created by ABx1 26. The caveat "unless otherwise specifically provided by statute" provides deference to state statutes specifically addressing individual boards, commissions, and committees. This caveat does not allow a general law city to adopt a local ordinance providing for an appointment process inconsistent with the Government Code provision above. 81 Ops. Cal. Atty. Gen. 75 (1998). For example, the San Diego Unified Port District was created by state statute (Harbors and Navigation Code), and specifically addresses the appointment process for that commission. The Harbors and Navigation Code requires commissioners to be appointed by their respective city council, thus the state statute specific to the Port would govern over the Government Code section discussing the appointment process for general law cities. Additional examples of appointment to boards or commissions established at the state level are found in the appointments to the Metropolitan Transit Development Board, the Library Board of Trustees, the Civil Service Commission, and the County Water Authority'. These various entity representatives are appointed pursuant to the specific process contained within the state statute. Thus, the state statute would govern over the general rule found in Government Code section 40605. B. Oversight Board Appointment Process The oversight board is composed of seven members. Those seven members are appointed by various entities or officials. Specific to the City of National City are two mayoral appointments to be made to the oversight board. Health and Safety Code section 34179(a)(2) provides for "[o]ne member appointed by the mayor for the city that formed the redevelopment agency." In addition, Health and Safety Code section 34179(a)(7) provides for "[o]ne member representing the employees of the former redevelopment agency appointed by the mayor ... from the recognized employee organization representing the largest number of former redevelopment agency employees employed by the successor agency at that time." As written, the state statute specifies the mayor to make these appointments. Neither references the legislative body as part of the process. Unlike the references found in the Education Code and Water Code regarding the need for consent of the legislative body, ABx1 26 does not make such reference. The Metropolitan Transit Development Board specifically requires the "City Council" to make the appointment to the board. Public Utilities Code section 120050.2. The Library Board of Trustees are to be "appointed by the mayor, .. with the consent of the legislative body of the municipality." Education Code section 18910. Civil service commission appointments are by the "legislative body." The County Water Authority requires the representatives from each public agency to be appointed "with the consent and approval of the legislative bodies of the public agencies, respectively." Water Code — Appendix section 45-6. Page 2 of 4 ABx 1 26 does not contain a reference to the legislative body consenting to the appointment; thus, one must determine whether the reference to the mayoral appointment was intended to fall within the general rule found in Government Code 40605 requiring approval of the city council or within the exception of "unless otherwise specifically provided." The most conservative and transparent process would be to have the mayoral appointments approved by the city council. Whether such approval is required by law is a remaining question. To answer the question, one must apply the principles of statutory construction. "When interpreting a statute our primary task is to determine the Legislature's intent. [citationj" Freedom Newspapers, Inc. v. Orange County Employees Retirement System (1993) 6 Cal. 4th 821, 826. The intent is determined by first looking at the "plain meaning" of the statute and giving effect to that "plain meaning" Kimmel v. Goland (1990) 51 Cal. 3d 202, 208-209. Part of such deteumination takes into account the context in which the statute is written and reviewing other legislation on the subject, in effort to determine the intent. California Teachers Association v. Governing Bd. Of Rialto Unified School District (1997) 14 Cal. 4t 627, 642. Health and Safety Code sections 34179(a)(2) and 34179(a)(7) make it clear who is to make appointments — the mayor. What is not clear is whether the lack of reference to the legislative body (which is referenced in other state statutes) was intended to mean that the appointment fell within the exception to Government Code section 40605 and did not require the approval of the respective city council. Certainly, the legislature is well versed in drafting legislation in which appointments are to occur by the mayor subject to the approval of a city council. (See, footnote 2). Equally certain, "exceptions to the general rule of a statute are to be strictly construed." City of Lafayette v. East Bay Municipal Utility District (1993) 16 Cal.App.4th 1005, 1017. Overall, while it is arguable that the appointments fall within the exception to Government Code section 40605, it is not definitive. Exceptions are to be narrowly construed, and generally, it is preferable to reconcile statutes with one another. If statutes cannot be reconciled, then the more specific takes precedence over the more general statute. Collection Bureau of San Jose v. Rumsey (2000) 24 Ca1.4th 301, 310. A paramount principal in statutory construction is to attempt to give effect to both statutes if possible. Conway v. City of Imperial Beach (1997) 52 Ca1.App.4th 78, 84. If two statutes addressing the same subject can be harmonized, then both should be given concurrent effect. Garcia v. McCutchen (1997) 16 Ca1.4th 469, 478. In this instance, harmonization of ABx1 26 and the Government Code is possible. Health and Safety Code sections 34179(a)(2) and (a)(7) specify that two appointments are made by the mayor to the oversight board. These provisions are silent on whether legislative approval is necessary. The lack of specificity in this regard is conducive to reconciling the provision with the general rule for mayoral appointments found in the Government Code. First, Government Code section 40605 is consistent with Health and Safety Code sections 34179(a)(2) and (a)(7) in that appointments are to be made by a mayor. Second, Government Code section 40605 elaborates where Health and Safety Code section 34179 is silent, in stating "unless otherwise specifically Page 3 of 4 provided," appointments are made by the mayor subject to approval by the city council. Accordingly, both statutes can be given effect, based on the harmonization of the two code sections. C. City Council Policy Number 107 City Council Policy Number 107, entitled "Appointment to Boards and Commissions," establishes the City's procedures in making appointments to City boards and commissions. The policy applies to our local boards and commissions, thus is inapplicable to the appointments to the oversight board. CONCLUSION The provisions of ABx1 26 dictate that the mayor makes two appointments to the oversight board. It does not specifically refer to the legislative body approving such appointments. Thus, one could argue that council approval is not required because it falls within the exception to Government Code section. Overall, however, the statutes can be reconciled so that both are given effect. ABx 1 26 sets forth the appointment is to be made by the mayor and Government Code section 40605 elaborates that all mayoral appointments are subject to approval by the city council, unless a specific statute provides otherwise. In harmonizing the statutes so both are given effect, the reasonable interpretation of the statutes leads the mayoral appointments of two members to the oversight board being subject to approval by the council. Page 4 of 4 rvicjTING DATE: SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY AGENDA STATEMENT February 21, 2012 AGENDA ITEM NO. 19 ITEM TITLE: RESOLUTION OF THE BOARD OF THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY ADOPTING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE, AND APPROVING CERTAIN RELATED ACTIONS PREPARED BY: Colby Young, Project Manager PHONE: X4297 DEPARTMENT: Red-•ment/S•ecial Projects APPROVED BY:�?� EXPLANATION: The 2011 California Redevelopment Legislation (AB X1 26) was approved by the State Legislature on June 15, 2011 and signed into law by the Governor on June 28, 2011. This Legislation, which provides for the statewide dissolution of redevelopment agencies, required all Redevelopment Agencies to file an Initial Recognized Obligations Payment Schedule. On September 27, 2011, the National City Community Development Commission adopted the Draft Initial Recognized Obligations Payment Schedule and subsequently amended January 31, 2012. On January 10, 2012, National City declared itself the successor agency to the Redevelopment Agency and created the Successor Agency to the Community Development Commission as the National City 0-development Agency by way of Resolution No. 2012-15. Staff recommends adopting the Draft Initial :.ognized Obligations Payment Schedule, as previously adopted by the Community Development commission on January 31, 2012 FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: A i fACHMENTS: Amended Draft Initial Recognized Obligations Payment Schedule RESOLUTION NO. 2012 — RESOLUTION OF THE BOARD OF THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY ADOPTING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE, AND APPROVING CERTAIN RELATED ACTIONS WHEREAS, the Community Development Commission of the City of National City ("CDC"), had engaged in redevelopment activities as a redevelopment agency under the Community Redevelopment Law (Health and Safety Code sections 33000, et seq.) ("CRL") and has and continues to engage in housing authority activities as a Housing Authority under the Housing Authority Law (Health and Safety Code sections 34200, et seq.); and WHEREAS, at the time the City of National City formed the CDC, the City also established the Housing Authority of the City of National City (Ordinance No. 1484, dated October 14, 1975); and WHEREAS, the Redevelopment Agency of the City of National City ("Agency") was established by Ordinance No. 1164, dated April 11, 1967; and WHEREAS, the CDC was established to enable both the Agency and the Housing Authority to operate under a single board and single entity; and WHEREAS, the CDC was responsible for the administration of redevelopment activities within National City; and WHEREAS, AB 1X 26 ("AB 26") and AB 1X 27 ("AB 27") were signed by the Governor of California on June 28, 2011, making certain changes to the Redevelopment Law, including adding Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) ("Part 1.85") to Division 24 of the California Health and Safety Code ("Health and Safety Code"); and WHEREAS, the California Redevelopment Association and League of California Cities filed a lawsuit in the Supreme Court of California (California Redevelopment Association, et al. v. Matosantos, et al., Case No. S194861) alleging that AB 26 and AB 27 were unconstitutional; and WHEREAS, on December 29, 2011, the Supreme Court issued its opinion in the Matosantos case largely upholding as constitutional AB 26, invalidating as unconstitutional AB 27, and holding that AB 26 may be severed from AB 27 and enforced independently; and WHEREAS, the Supreme Court generally reformed and revised the effective dates and deadlines for performance of obligations under Health and Safety Code Part 1.85 of AB 26 arising before May 1, 2012 to take effect four months later, while leaving the effective dates or deadlines for performance of obligations under Health and Safety Code Part 1.8 of AB 26 unchanged; and WHEREAS, as a result of the Supreme Court's decision, and on February 1, 2012, all California redevelopment agencies were dissolved, successor agencies were established as successor agencies to the former redevelopment agencies pursuant to Health and Safety Code Section 34173, and successor agencies are tasked with paying, performing Resolution No. 2012 — February 21, 2012 Page Two and enforcing the enforceable obligations of the former redevelopment agencies, and winding down the affairs of the former redevelopment agencies; and WHEREAS, the City Council adopted Resolution No. 2012-15 on January 10, 2012, pursuant to Part 1.85, electing for the City to serve as the successor agency to the CDC upon the dissolution of the Redevelopment Agency under AB 26 ("Successor Agency"); and WHEREAS, pursuant to Health and Safety Code Section 34177(I)(2)(A) of AB 26, the Successor Agency is required to prepare its first Recognized Obligation Payment Schedule ("ROPS") by March 1, 2012; and WHEREAS, in accordance with AB 26, the proposed ROPS has been prepared using the preliminary draft Initial ROPS prepared and approved by the CDC on September 27, 2011, and as amended on January 24 and January 31, 2012, pursuant to Health and Safety Code Section 34169(h); and WHEREAS, pursuant to AB 26, the ROPS shall be forward looking to the next six (6) months, however, as a result of the Supreme Court's extension of certain deadlines of Part 1.85 of AB 26, the period to be covered by the first ROPS is May 1, 2012 through June 30, 2012; and WHEREAS, according to Health and Safety Code Section 34177(1)(1) of AB 26, for each recognized obligation, the ROPS shall identify one or more of the following sources of payment: (i) Low and Moderate Income Housing Funds, (ii) bond proceeds, (iii) reserve balances, (iv) administrative cost allowance, and (v) the Redevelopment Property Tax Trust Fund, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation or by the provision of Part 1.85 of AB 26; and WHEREAS, according to Health and Safety Code Section 34177(I)(2)(A) of AB 26, from February 1, 2012 to July 1, 2012, the initial draft of the ROPS shall project the dates and amounts of scheduled payments for each enforceable obligation for the remainder of the time period during which the redevelopment agency would have been authorized to obligate property tax increment had such a redevelopment agency not been dissolved; and WHEREAS, once approved by the Successor Agency, the ROPS shall thereafter be reviewed and certified by the County Auditor/Controller, through the use of an external auditor, and submitted to the Oversight Board for review and approval. A copy of the approved ROPS shall be submitted to the County Auditor/Controller and both the Controller's office and the Department of Finance, and shall be posted on the Successor Agency's internet website. The first ROPS shall be submitted to the Controller's office and the Department of Finance by April 15, 2012; and WHEREAS, Health and Safety Code Section 34177(a)(1) of AB 26 requires the Successor Agency to continue to make payments due for enforceable obligations and, from February 1, 2012 until a ROPS becomes operative, only payments required pursuant to the Enforceable Obligations Payment Schedule shall be made; and Resolution No. 2012 — February 21, 2012 Page Three WHEREAS, pursuant to Health and Safety Code Section 34177(a)(3), commencing on May 1, 2012, only payments listed in the ROPS may be made by the Successor Agency from the funds specified in the ROPS and, commencing May 1, 2012, the ROPS shall supersede the Statement of Indebtedness of the CDC; and WHEREAS, it is the intent of AB 26 that the ROPS serve as the designated reporting mechanism for disclosing the Successor Agency's bi-annual payment obligations by amount and source and, subsequent to the audit and approval of the ROPS as specified in AB 26, the County Auditor/Controller will be responsible for ensuring that the Successor Agency receives revenues sufficient to meet the requirements of the ROPS during each bi-annual period; and WHEREAS, notwithstanding the provisions of Health and Safety Code Section 34177(a)(1), agreements between the City and the CDC have been included in the ROPS because, among other things, they have been validated by operation of law prior to the Governor's signature of AB 26 on June 28, 2011; and WHEREAS, the Successor Agency's proposed ROPS, which is consistent with the requirements of the Health and Safety Code and other applicable law, is attached to this Resolution as Exhibit "A"; and WHEREAS, this Resolution has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq., hereafter the "Guidelines"), and the City's environmental guidelines; and WHEREAS, this Resolution is not a "project" for purposes of CEQA, as that term is defined by Guidelines section 15378, because this Resolution is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment, per section 15378(b)(5) of the Guidelines; and WHEREAS, all of the prerequisites with respect to the approval of this Resolution have been met. NOW, THEREFORE, BE IT RESOLVED by the Board of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency, as follows: Section 1. The foregoing recitals are true and correct, and are a substantive part of this Resolution. Section 2. The adoption of this Resolution is not intended to and shall not constitute a waiver by the Successor Agency of any rights the Successor Agency may have to challenge the effectiveness and/or legality of all or any portion of AB 26 through administrative or judicial proceedings. Section 3. The Successor Agency's ROPS, which is attached hereto as Exhibit "A", is approved and adopted. Resolution No. 2012 — February 21, 2012 Page Four Section 4. The Executive Director, or designee, is hereby authorized and directed to: (i) provide the ROPS to the Oversight Board upon its establishment; and Section 5. (ii) take such other actions and execute such other documents as are necessary to effectuate the intent of this Resolution on behalf of the Successor Agency. The Successor Agency determines that this Resolution is not a "project" for purposes of CEQA, as that term is defined by Guidelines section 15378, because this Resolution is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment, per section 15378(b)(5) of the Guidelines. Section 6. This Resolution shall take effect upon the date of its adoption. PASSED and ADOPTED this 21st day of February, 2012. Ron Morrison, Chairman ATTEST: Michael R. Dalla, City Clerk as Secretary to the Successor Agency APPROVED AS TO FORM: Claudia Gacitua Silva Successor Agency Counsel Proleet Name/Obligation BOND OBLIGATIONS Payees) Descripdon C nal City RecognizedI Payment Schedule Januar) _ )see 30, 2012 Sources of Total TDBend Payment Ob0ga4an 6 Month Total Payment Date Thra Jnne 30, 2012 January February March April May EXHIBIT A June 1 1999 Tax Allocation Bond Bank of New York 1999 E $ 3,835,000_$ 97,462 $ 97,463 2 2004 Tax Allocation Bond Deutsche Bank 2004 E $ 9,060,000 $ 99,875 5 99,875 3 2005 Tax Allocation Bond Deutsche Bank 2005 E $ 23,560,000 $ 547,671 $ 597,671 4 2011 Tax Allocation Bond Deutsche Bank 2011 E $ 39,335,000 $ 1,282,515 $ 1,232,515 5 Bond Indentures and Supplements 7 BOND PROJECTS 8 WI -TOO 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Various Legal commitments per the bond docs W estside inlll Transit -Oriented Development - 201-unit affordable housing project 5 26,900,722 WITOD IDDA) Paradise Creek Housing Partners Pre -development loan B $ 3,741,600 $ 1,300,000 $ 300,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 WI-TOD (DDA) Paradise Creek Housing Partners Phase l City Grant A,QP $ 17,215,400 WI-TOD IDDA) Paradise Creek Housing Partner Phase It (not Included In totals) $ 14,909,000 WI-TOD City of National City/Kimley-Horn&Associates Public Works relocation - Design / Engineering A $ 261,902 $ 261,902 $ - $ 61,902 $ 50,000 $ 50,000 $ 50,000 $ 50,000 WI-TOD Property Owner - Various Purchase Replacement Yard B,f $ 2,000,000 $ 2,000,000 $ - $ - 5 • 5 2,000,000 $ - $ WI-TOD City of National City Building/Relocation Costs 13,f $ 1,500,000 WI•TOD E2 ManageTech Remediation planning 4,8,F $ 136,836 $ 64,699 $ 10,783 $ 10,783 $ 10,783 $ 10,783 $ 10,783 $ 10,783 WI•TOD City of National City/DISC Environmental oversight 4,8,F $ 74,984 $ 32,693 $ 6,539 $ 6,539 $ 6,539 $ 6,539 $ 3,269 $ 3,269 WI-TOD City of National City/Contractor-Various Environmental Clean -Up A, B,F $ 700,000 $ 210,000 $ - $ - $ - $ 70,000 5 70,000 $ 70,000 WI•TOD City of National City/Contractor-Various Site Demolition/Grading 4,0,F $ 400,000 Wt-TOD Clty of National City/Consultant-Various Construction Management & Inspections A,8,F $ 150,000 WI-TOD City of National City/Opper & Varcn Environmental outside counsel A,B,F $ 19,500 $ 16,875 $ 3,375 $ 3,375 $ 3,375 $ 3,375 $ 1,687 5 1,687 WI-TOD Gty of National City Project Management &Administration A $ 700,000 $ 350,000 $ - $ 70,000 $ 70,000 $ 70,000 $ 70,000 $ 70,000 SR54 and National City Blvd 23 Infrastructure Improvements 24 25 26 27 28 29 30 31 32 33 Off ramp and street improvements necessary to redevelop 'RCP Site" APN 8562- 321-08 $ 2,500,000 5R54 and National City Blvd Infrastructure I Improvements City of National City/Contractor -Various 'Construction B $ 2,500,000 8th St Corridor Smart Growth Traffic calming, pedestrian, bicycle Ind street50 tie enhancements 3,213,271 8th St Corridor Smart Growth Revitalization / Sale Routes to School OW of National City/Harris & Associates Design / Engineering B,F $ 276,347 $ 121,101 $ 31,070 $ 18,006 $ 18,006 $ 18,006 $ 16,006 $ 18,006 8th St Corridor Smart Growth Revitalization / Sale Routes to School City of National City/Project Professionals Corporation Phase I - Construction Management & inspections B,F $ 221,299 $ 132,779 $ 22.130 $ 22,130 $ 22,130 $ 22,130 $ 22,130 $ 22,130 81h St Corridor Smart Growth Revitalisation / Safe Routes to School City of National City/Consultant- Various Phase II - Construction Management & Inspections B,F $ 400,000 8th St Corridor Smart Growth Revitalization / Safe Routes to School City of National City/Contractor -Various I Phase II • Construction B,F $ 2,000,000 8th 5t Corridor Smart Growth Revitalization/ Safe Routes to School City of National Clty/10R5 Program Management B,F $ 15,625 $ 7,813 $ - $ 1563 5 1,563 $ 1,563 $ 1563 $ 1,563 Rh St Corridor Smart Growth Revitalisation / Safe Routes to School Oty of National City Project Management & Administration B,F $ 300,000 $ 150,000 $ $ 30,000 $ 30,000 $ 30,000 $ 30,000 $ 30,000 34 3th 5t Corridor Sate N Enhancemments 35 36 37 38 39 Crank calming, pedestrian enhancements, new traffic slenal 430,000 8th 5t Corridor Safety Enhancemments City of National City/RBF Consultants Design / Engineering B,F $ 46,257 $ 35,877 $ 302 $ 7,115 $ R,894 $ 8,894 $ 5,336 $ 5,336 8th 5t Corridor Safety Enhancemments City of National Clty/Consultant-Various Construction Management & Inspections B,F $ 150,000 5 15,000 $ - $ - $ - $ - $ 15,000 8th 5t Corridor Safety Enhancemments ON of National City/Contractor-Various Construction B,F $ 128,118 $ 17,812 $ - $ - $ - $ - $ 17,812. 8th St Corridor Safety Enhancemments City of National City/UR5 Program Management B,F $ 15,625 $ 7813 $ - $ 1,563 $ 1,563 $ 1,563 $ 1563 5 1563 81h 5t Corridor Safety Enhancemments City of National City Project Management &Adminirtratlon B,F $ 40,000 $ 20,000 $ - $ 4,000 5 4,000 $ 4,0DD $ 4,000 $ 4,000 Project Name/Obligation 40 Highland Ave Corridor Safety 41 42 43 44 45 46 47 D Ave Community Condor/ 12th St Si D 48 49 50 51 52 53 54 Coolidge Ave Community Corridor / Safe 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 Payeela/ Detcripdon Traffik Calming and pltdertrian enhancements City of Natlonal City Recognized Obligations Payment Schedule January 1, 2012 • Jum:30, 20(2 Payment Date Thru June 30, 2012 Sources of Total TI/Bond Payment Obligation 6 Month Total January February March 1,695,625 April May EXHIBIT A June Highland Ave Corridor Safety Enhancements City of National City/Consultant - Various Design / Engineering 8,F $ 300,000 $ 60,000 $ - $ - $ - $ - $ 30,000 $ 30,000 Highland Ave Corridor Safety Enhancements City of National City/Consultant- Various Construction Management & Inspections B,F $ 300,000 Highland Ave Corridor Safety Enhancements City of National Clry/Contractor- Various Construction B,F $ 1,000,000 Highland Ave Corridor Safety Enhancements City of National City/UR5 Program Management B,F $ 15,625 $ 7,813 $ - 5 1,563 5 1,563 $ 1,563 5 1,563 5 1.563 Highland Ave Corridor Safety Enhancements City of Natlonal City Project Management & Administration B,F $ 80,000 $ 40,000 $ - $ 8,000 5 8,000 5 3,000 5 8,000 5 8,000 Traffic calming, pedestrian and bicycle nhaneemen 600,000 D Ave Community Corridor / 12th 5l & D Ave Roundabout City of National Oty/Kimley-Horn&Associates Design/Engineering 5,F $ 202,655 $ 136,910 $ 63,732 5 14,636 5 36,589 $ 10,636 5 7 318 5 D Ave Community Corridor / 12th St & 0 Ave Roundabout City of National My/Consultant -Various Construction Management & Inspections 13,F $ 150,000 $ 15,000 5 - $ - 5 - $ - $ - $ 15,000 0 Ave Community Corridor / 121h St & D Ave Roundabout City of National City/Contractor -Various Construction 8,F $ 181,691 $ 18,169 $ - $ - $ - 5 - $ - 5 18,169 D Ave Community Corridor / 12th 5t & D Ave Roundabout City of National Clty/URS Program Management B,F $ 15,625 $ 7,813 $ - $ 1563 $ 1,563 $ 1,563 5 1,563 5 1,563 D Ave Community Corridor / 12th St & D Ave Roundabout City of National City Project Management &Administration 8,F $ 50,000 $ 25,000 $ - $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 Traffic calming, pedestrian, bicycle and 2,259,026 Coolidge Ave Community Corridor / Safe Routes to School City of National City/Kimley-Hom&Associates Design/Engineering B,F 5 293,401 $ 140,427 $ 16,954 $ 37,042 $ 49,389 $ 24.695 5 12,347 $ - Coolidge Ave Community Corridor / Safe Routes to School City of National City/Consultant - Various Construction Management & Inspections 8,F $ 300,000 $ 30,000 5 - 5 - 5 - $ - 5 - 5 30,000 Coolidge Ave Community Corridor / Safe Routes to School City of NationalCity/Contractor -Various Construction B,F $ 1,500,000 $ 150,000 $ - $ - $ - $ - 5 5 150,000 Coolidge Ave Community Corridor / Safe Routes to School Clty of National City/UPS Program Management 8,F $ 15,625 $ 7,813 5 S 1,563 $ 1,563 $ 1,563 5 1,563 5 1,563 Coolidge Ave Community Corridor / Safe Routes to School City of National City Project Management & Administration 5,F $ 150,000 $ 75,000 $ - $ 15,000 $ 15,000 $ 15,000 5 15,000 $ 15,000 Traffic calming, pedestrian and bicycle nhancement 400,000 4th 5t Community Corridor City 0f National Gty/Consultant - Various Design/Engineering B,F $ 200000 $ 40,000 5 - 5 - 5 - $ - $ 20,000 $ 20,000 4th 5t Community Corridor City of National Clty/Consultant- Various Construction Management &Inspections B,F $ 144,375 4th 5t Community Corridor City of National City/URS Program Management 8,F $ 15,625 $ 7,813 $ - $ 1,563 5 1,563 5 1,563 $ 1,563 $ 1,563 4th St Community Corridor Oty of National City Protect Management & Administration 0,F $ 40,000 $ 20,000 $ - $ 4,000 $ 4,000 $ 4,000 $ 4,000 5 4,000 Park and quality of life facility enhancements 8,081,585 Las Palmas Park Improvements Cityof Natlonal Clty/Klmiey14orn & Associates Design/ Engineering 8,F $ 166,260 $ 110,927 $ 36,026 $ 29,961 5 22,470 $ 14,980 $ 7,490 $ LasPalmasParklmprovements Clty of National City/Consultant-Various Design/Engineering_ B,F $ 600,000 $ 120_,000 $ •$ $ $ - $ 60.000 $ 60,000 Las Palmas Park Improvements City of National City/Consultant - Various Construction Management & Inspections B,F $ 300,000 Las Palmas Park Improvements City of National Oty/Contractor - Various Construction 8,F $ 6500000 Las Palmas Park Improvements City of National 0ty/U85 Program Management B,F $ 15,625 5 7,813 $ - $ 1,563 $ 1,563 $ 1,563 $ 1,563 5 1,563 Las Palmas Park Improvements Clty of Natlonal City Project Management & Administration _B,F , $ 500,000_5 250 000_ $ - _ $ 50,000 _$ 50,000 ,j 50,000 $ 50,000 $ 50,000 Park and quality of INe facility enhancements 3 434,233 Kimball Park Improvements City of National Oty/KimleyHorn&Associates Design / Engineering 13,E $ 156,998 $ 87,831 5 42,210 J 18,248 $ 13,686 $ 9,124 $ 4,562 $ Kimball Park Improvements Clty of National City/Kimley-Horn Prepare technical reportsfor Prot, 84 Grant submittal Bi 5 11,610 5 3,483 ..$ 3,483 $ - $ - $ - 5 $ KlmballParkImprovements Clty of NationalCity/Consultant-Various _application Design / Engineering B.F 5 300,000 $ 60,000 $ - $ - 5 $ - 5 30.000 5 30,000 80 81 82 83 t h'arlle/Gbhga1On Pave a Description CI lel City Raogsiood ( Payment Schedule January ., __... - -one 10, 2012 Sources of Payment Total Tl/Bond Obligation 6 Month Total Jamul ehrna Payment Dale Titre June 30, 2012 March Anvil Mav EXHIBIT A June Kimball Park Improvements City of National City/Consultant -Various Construction Management & Inspections B,F $ 150,000 i Kimball Park Improvements City of National City/Contractor • Varla us Construction i B,F $ 2,500,000 Kimball Park Improvements City of National City/UPS Program Management B,F $ 15,625 $ 9,375 5 1,563 $ 1,563 5 1,563 5 1,563 5 1,563 5 1,563 Kimball Park Improvements City of National City Project Management & Administration B,F _$ 300,000 $ 150,000 $ - 5 30,000 $ 30,000 . $ 30,000 5 30,000 5 30,000 84 85 AquaNC Center 86 87 88 89 90 Park and quality of life lacllhies 8,F B,F 4,078,159 AquaticCenter City of National Clty/Safdle Rabines Architects Architectural services B,F $ 320,355 $ 128,077 $ 51,231 $ 25,615 $ - 12,808 $ 12,808 $ 12,808 $ 12,808 Aquatic Center City of National City/Protect Professionals Corp Construction Management B,F $ 242,179 $ 132,000 $ 22,000 5 22,000 $ 22,000 $ 22,000 $ 22,000 $ 22,000 Aquatic Center City of National City/Contractor• Various Construction B,F $ 3,300,000 $ 660,000 $ - $ - $ - $ - $ 330,000 $ 330,000 Aquatic Center City of National City/UM Program Management B,_F $ 15,625 $ 7,813 $ - 5 1,563 $ 1,563 $ 1,563 $ 1,563 $ 1,563 Aquatic Center City of National City Project Management & Administration B,F $ 200,000 5 100,000 $ - $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 91 92 Total Bond Project Obligations 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 53,592,420 Loan for investigation of brownfield site • 835 Loan CaIREUse Bay Marina Or F $ 32,694 Pass-thru payments Lower Sweetwater Payments to Other Gov't Agencies E $ 1,433 Pass-thru payments County of San Diego Payments to Other Gov't Agencies E $ 166,400 Pass -ohm payments County of San Diego Payments to Other Gov't Agencies E $ 763,264 Pass-thv payments Office of Education Payments to Other Gov't Agencies E $ 287,403 Pass -thus payments Southwestern College Payments to Other Gov't AgenciesE $ 268,708 Pass-thru payments Clty of National City Payments to Other Gov't Agencies E 5 609,984 Pass-thru payments National City Elementary District Payments to Other Gov't Agencies E $ 70,111 Pass-thnl payments Sweetwater Union District Payments to Other Gov't Agencies E $ 42,899 Pass -rhea payments MWO SDCWA Payments to Other Gov't Agencies E $ 5,837 Pass-thru payments Fiscal agent fees Payments to Other Gov't Agencies E 5 10,000 Pan;-thru payments City of National City Payments to Other Gov't Agencies E $ 1,852,145 5 926,073 $ 154,346 $ /54,346 $ 154,346 5 154,346 $ 154,346 5 154,346 Pass-thru payments CWA National City _ Payments to Other Gov't Agencies $ 5,754 C'AC vs CDC - Amount on Appeal CYACILeif lodgment for Legal Fees (Appealed) D,F $ 2,000,000 Legal Settlement Highland Park, LLC Legal settlement, Purple Cow D,F $ 64,000 General Property Management City of Natlonai City Ongoing management of CDC assets 0,F Kimball House National City HistoricalSociety & County of San Diego Annual payment per lease agreement, possessory interest tax D,F $ 15,364 $ 15,364 $ 5,000 $ 10,364 CDC properties EDCO Trash hauling all ROA owned properties D,F $ 1,895 5 524 $ 105 5 305 5 105 $ 105 5 105 CDC Properties NB5 Landscape Services D,F $ 9,500.00 5 6,000 $ 1,000 $ 1,000 $ 1,000 $ 1,000 $ 1,000 5 1,000 Temporary Aquatic Center Power Plus Rental of temporary power poles D,F $ 3,000 5 975 $ 195 $ 195 $ 195 $ 195 5 195 CDC properties In perpetuity SDG&E Electricity & gas for RDA properties D,F $ 4,828 $ 2,012 $ 402 5 402 $ 402 $ 402 $ 402 Old Library redevelopment Stanley Sonitrol Fire alarm monitoring D,F $ 485 $ 243 $ 243 CDC properties Sweetwater Authority Water including Irrigation RDA properties D,F 5 14,961 $ 6,250 $ 1,250 $ 1,250 $ 1,250 $ 1,250 $ 1,250 Palm Plata National Construction Rental Temporary fencing of ROA site D,F $ 791 5 791 $ 791 125 Administrative Expenses and Associated 126 Obligations 127 128 129 130 Administrative Expenses and Assaciated Obligations City of National City (subject of labor contract and other agreements and associated obligations that Include CalPERS, PARS, Health Care Contracts, TriStar, Alliant-Insurance Personnel Cost (Reimbursement Agreement) C,D,E,F $ 1,508,879 $ 754,439 $ 125,740 $ 125,740 $ 125.740 $ 125,740 $ 125.740 $ 125,740 Low Moderate Income Housing Fund Housing Authority Protected IMIHF through the life of the agency A $ 75,901,324 Housing Element Housing Authority State Mandates/Goals for Housing A Housing AdmIn Expenses Housing Authority Personnel Cost (Reimbursement Agreementl A,D $ 108,920 $ 108,920 $ 18,153 $ 18,153 5 16,153 $ 18.153 5 16,153 $ 18,153 3 13 13 13 13 13 13 137 13 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 16B 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 City of National City Recognizd Obligations Payment Schedule January I, 2012 - June 30, 2012 Sources of Dncnod Total TI/Bond Obligation 6 Month Total J Fehr Payment Date Thrn June 30, 1012 March Ma EXHIB R A June Housing Admin Expenses B Housing Authority Budget needs to be established for separate agency based on housing obligations A,D TBD Agency Admin Expenses County of San Diego Environmental Oversight Remediation and Testing for Education Village, ACE, 2501 Cleveland, 835 Bay Marina Drive C,D,E,F $ 182,415 $ 3,600 $ 1,800 $ 1,800 Agency Admin Expenses GeoSyntec Consultants C,D,E,F $ 33,000 $ 15,000 $ 2,000 $ S00 $ 15,000 5 500 Graffiti Abatement Program ACE Uniform Supplies (Graffiti) C,D,E,F $ 200 $ 40 $ 40 $ 40 $ 40 5 40 Graffiti Abatement Program Boot World Inc Supplies (Graffiti) C,D,E,F $ 250 $ 50 5 50 $ 50 $ 50 $ 50 Graffiti Abatement Program CA Air Compressor Co. Supplies (Graffiti) C,D,E,F $ 2,100 $ 500 $ 500 $ 500 $ 500 5 500 Graffiti Abatement Program Maintex Supplies (Graffiti) C,D,E,F $ 1,000 5 200 $ 200 $ 200 $ 200 $ 200 Graffiti Abatement Program Western Hose & Gasket Supplies (Graffiti) C,D,E,F $ 500 5 1. $ 100 $ 100 $ 100 $ 100 Gnffrti Abatement Program Smart &Final Supplies (Graffiti) C,D,E,F $ 500 $ 100 $ 100 5 100 $ 100 $ 100 Graffiti Abatement Program Prudential Overall Supply Laundry (Graffiti) C,D,E,F 5 240 5 48 5 48 5 48 $ 48 $ 48 Graffiti Abatement Program San Diego Trolley Inc Flagging Servlas (Graffiti) C,D,E F $ 275 5 55 5 55 $ 5S i $ 55 5 55 Graffiti Abatement Program Pro Build Supplies (Graffiti) C,D,E,F $ 1,000 $ 200 5 200 $ 200 i 5 200 $ 200 Graffiti Abatement Program Vista Paint Supplies (Graffiti) C,D,E,F 5 15,500 $ 3,100 5 3,100 $ 3,100 $ 3,100 $ 3,100 Graffiti Abatement Program Westllex Industrial Supplies (Graffiti) C,D,E,F $ - AgencyAdmin Expenses Keagy Real Estate Appraisal Services C,D,E,F $ 15,000 $ 15,000 5 15,000 Agency Admin Expenses PGP Real Estate Appraisal Services C,D,E,F $ 15,000 $ 15,000 $ 15,000 Agency Admin Expenses Ken Carpenter Real Estate Appraisal Services C,D,E,F $ 15,000 5 15,000 5 15,000 Agency Admin Expenses Hdl Coren & Cone Financial Analysts C,D,F,F $ 40,000 $ 40,000 5 - 5 - 5 $ - $ - $ 40,000 Agency Admin Expenses Keyser Marston Associates Economic Analysis per 33433 C,D,E,F $ 50,000 $ - AgencyAdminExpenses Urban Futures Finandal and bond adviser C,D,E,F 5 40,000 5 10,000 $ 3,333 $ 3,333 5 3,333 Agency Admin Expenses Port of San Diego Joint Planning C,D,E,F $ 31,696 $ 31,696 5 31,696 Agency Admin Expenses GeoSyntec Consultants PSI Environmental Investigation C,D,E,F $ 59,946 $ - AgencyAdminExpenses Tierra West Advisors Westside Amortitation C,D,E,F $ 18,059 $ - AgencyAdminExpenses SANDAG Membership C,D,E,F $ 7,500 5 Agency Admin Expenses CRA Membership C,D,E,F 5 827 $ 827 $ 827 Agency Admin Expenses Tyler Technologies Financial Systems Software Services C,D,E,F $ 3,000 j 3,600 $ 600 $ 600 5 600 $ 60D $ 600 $ 600 Agency Admin&penses Staples Office Supplies C,D,E,F $ 2,500 $ 1,200 $ 200 $ 200 $ 200 $ 2DD $ 200 5 200 Agency Admin Expenses Federal Express Delivery Service C,D,E,F 5 900 $ 133 5 21 $ 21 $ 35 $ 35 $ 21 Agency Admin Expenses San Diego Clipping Service Record Keeping C,D,E,F $ 707 $ Agency Admin Expenses City of San Diego Admin services for SD Regional Enterprise Zone. C,D,E,F $ 51,000 $ 51,000 5 51,000 Agency Admin Expenses Union Tribune Public Natldng C,D,E,F $ 10,000 Agency Admin Expenses Yolanda Teresa Lopet Translation and Interpretation Services C,D,E,F . $ 450 Agency Admin Expenses Rick Engineering Bay Marina Drve- engineering C,O,E,F $ 2,288 $ 2,288 $ - 5 2,288 $ - 5 - 5 - $ - AgencyAdminExpenses San Diego Association of Governments Grant match C,D,E,F $ 20,000 $ 10,000 $ - 5 10,000 5 - $ - 5 - $ Agency Admin Expenses Caltrans Grant match C,D,E,F $ 300,000 $ 300,000 5 - $ $ - 5 150,000 5 150,000 5 - Agency Legal Expenses Kane, Bailmer, & Berkman legal support for state anions on Redevelopment C,D,E,F $ 11,249 $ 11,249 $ 4,749 $ 6,500 Agency Legal Expenses Sohagl Law Group Litigation CYAC, Nunez C,D,E,F 5 101,000 $ 80,000 $ 20,000 5 20,000 5 20,000 5 20,000 Agency Legal Expenses Opper & Varee, LIP Utigatlon for Education Village C,D,E,F $ 13,000 5 7,800 $ 1,300 $ 2,000 5 1,500 $ 1,500 $ 1,500 Agency Legal Expenses Christensen & Spath, LLP Litigation for ARE Holdings C,D,E,F $ 150,000 $ 46,000 5 9,200 5 9,200 $ 9,200 5 9,200 $ 9,200 Agency Legal Expenses Best Best & Krieger, LLP Litigation CYAC C,D,E,F 5 210,001 $ 134,000 5 59,000 $ 37,500 $ 37,500 Agency Legal Expenses Christensen & Spath, LLP Litigation Barrerra C,D,E,F 5 150,000 5 120,000 $ 20,000 5 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 Agency Legal Expenses Mozzarella lorenaana Minimize CYAC Liability -Indemnify C,D,E,F $ 250,000 $ 100,000 5 20,000 5 20,000 $ 20,000 $ 20,000 5 20,000 Agency On -call Services Project Professionals Corporation On -call Engineering C,D,E,F $ 300,000 $ 300,000 $ 20,000 5 40,000 $ 60,000 5 60,000 $ 60,000 5 60,000 Agency 011ca II Services Orley -Horn & Associates On -call Engineering C,D,E,F $ 300,000 $ 3oo,000 $ 20,000 5 40,000 $ 60,000 $ 60,000 $ 60000 5 60,000 Agency On -call Services Harris& Associates Oncall Engineering _ C,D,E,F 5 300,000 $ 300 000 $ 20,000 $ 40,000 5 60,000 $ 60,000 5 60,000 5 60,000 Agency Onoll Services Bureau Verges North America On -call Engineering C,D,E,F _$ 300,000 $ 300,000 $ 20,000 $ 40,000 $ 60,000 5 60,000 $ 60,000 $ 50,000 Agency On -call Services D-MAY Engineering On -call stormwater compliance COE,F $ 200,000 $ 120,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 Agency On -call Services Esgll Corporation On -call plan revlew/Inspecdons C,D,E,F 5 240,000 5 240,000 _$ 40,000 5 40,000 $ 40,000 5 40,000 5 40,000 $ 40,000 MAAC Project-Tecolote Court City of National City (Housing Authority) Monitor Affordability Covenants 1602 Eudid City of National CIty (Housing Authority) Monitor Affordability Covenants Park Villas Apartments City of National Clty(Housing Authority) Monitor Affordability Covenants Copper Hills Apartments City of National City(Housing Authority) Monitor Affordability Covenants Plaza City Apartments City of National City(Housing Authority) Monitor Affordability Covenants Habitat for Humanity- G Ave City of National City (Housing Authority) Monitor Affordability Covenants Ci al City Recognized I Payment Schedule January 'une30, 2012 EXHIBIT A Protect Mam JObUgalien Payee(s) Casa Familiar Monitoring Cost City of National City (Housing Authority) City of National City (Housing Authority) Description Monitor Affordability Covenants Monitor Affordability Covenants Sources of Total Ttf8ond Payment Obligation 6 Month Total Payment Date Thru June 30, 2011 January February March April May June "Notwithstanding the provisions of California Health and Safety Code section 34177(a)Ill, agreements between the City and the Agency have been included In this payment schedule because, among other things, they have been validated by operatlon of';aw prior to the Governn/s signature of A0x1 26 on June 28, 2011." ABa126 on June 28, 2011 DATE: SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY AGENDA STATEMENT February 21, 2012 AGENDA ITEM NO. ITEM TITLE: Resolution of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency approving and adopting the FY 2011-2012 Mid -Year Budget Adjustment. PREPARED BY: Tina Norrdin, FSO PHONE: DEPARTMENT: Finance 619-336-4331 APPROVED BY: EXPLANATION: The Mid -year budget review for the Successor Agency resulted in the need for some budget adjustments. These adjustments are perceived to be necessary and totaled $ 1,390,766. The detail for the proposed budget adjustment is attached Preparation of the FY 2012-2013 budget is currently underway. FINANCIAL STATEMENT: ACCOUNT NO. See attached ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Accept and File BOARD / COMMISSION RECOMMENDATION: HI IACHMENTS: 1. Resolution 2. Summary of FY 2011-2012 Mid -Year Budget Adjustments. RESOLUTION NO. 2012 — RESOLUTION OF THE BOARD OF THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY APPROVING AND ADOPTING THE FY 2011-2012 MID -YEAR BUDGET ADJUSTMENTS WHEREAS, on June 21, 2011, the Community Development Commission of the City of National City ("CDC") adopted Resolution No. 2011-137, adopting the budget for FY 2011-2012 that was modeled on the FY 2010-2011 budget with minor modifications; and WHEREAS, as part of the mid -year review process, the Finance Department reviewed the first six months for actual revenue and expenditures, and projected the last six months of the fiscal year; and WHEREAS, on February 1, 2012, all redevelopment agencies were dissolved by the State and replaced by successor agencies established pursuant to Health and Safety Code section 34173; and WHEREAS, as part of the mid -year review process, the Finance Department reviewed the first six months for actual revenue and expenditures, and projected the last six months of the fiscal year; and WHEREAS, the mid -year budget review was presented to the Successor Agency to the Community Development Commission as the National City Redevelopment Agency ("Successor Agency") and members of the public on February 4, 2012; and WHEREAS, the proposed mid -year budget changes are consistent with the Enforceable Obligations Payment Schedule previously adopted by the Community Development Commission of the City of National City; and WHEREAS, the Successor Agency's Executive Director has recommended approval of the mid -year budget changes as summarized in the attached Exhibit "A". NOW, THEREFORE, BE IT RESOLVED that the Successor Agency to the Community Development Commission as the National City Redevelopment Agency hereby approves and adopts the FY 2011-2012 mid -year budget changes, attached hereto as Exhibit PASSED and ADOPTED this 21st day of February, 2012. Ron Morrison, Chairman ATTEST: APPROVED AS TO FORM: Michael R. Dalla Claudia Gacitua Silva City Clerk as the Secretary to the Successor Agency Successor Agency Counsel SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY. FY 2011-2012 Mid -Year Budget Adjustment Account Account Title 261.445.000.480-0004 2011 Bonds Interest Adapted Adjusted Adjustment Budget•Budget! Amount, Description', $ 1,054,513 $ 2,337,029 $ 1,282,516 The interest payment was calculated incorrectly. 511-445-460-480-0000 Interest Expense $ $ 11,250 $ 11,250 There was no budget for Street Resurfacing Improvement Program interest payment. 511-445-460-213-0000 Low Moderate Housing $ $ 42,000 $ 42,000 Reclasification from Home and CDBG to Low Mod. 511.445-460.299.0000 Tax Increment Contract Services $ $ 55,000 $ 55,000 Contractual Obligation Chamber of Commerce Total $ 1,390,766 SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY AGENDA STATEMENT ..._STING DATE: February 21st, 2012 AGENDA ITEM NO. 121 ITEM TITLE: Authorize the reimbursement of Successor Agency to The Community Development Commission as the National City Redevelopment Agency expenditures in the amount of $19,832.17 to the City of National City for the period of 01/11/12 through 01/17/12 PREPARED BY: K. Apalategui DEPARTMENT: Financ PHONE: 619-336-4572 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: Approve the reimbursement of funds to the City of National City in the amount of $19,832.17 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File BOARD / COMMISSION RECOMMENDATION: N/A MI iACHMENTS: jVVarrants for the period of 01/11/12 through 01/17/121 PAYEE CHRISTENSEN & SPATH LLP GEOSYNTEC CONSULTANTS INC NAN MCKAY AND ASSOC INC SAN DIEGO CLIPPING SERVICE STAPLES ADVANTAGE VERIZON WIRELESS COUNTY OF SAN DIEGO KIMLEY HORN AND ASSOC INC PROJECT PROFESSIONALS CORP. RBF CONSULTING COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #29 1/17/2012 DESCRIPTION LEGAL SERVICES / BARRERA VS NC ENVIRONMENTAL CONSUL/REDEV SECTION 8: UPDATES & REVISIONS NEWS READING & CLIPPING SERVICE MOP# 45704. OFFICE SUPPLIES/ SECS VERIZON PHONE SVCS / SEC 8 MAIL PROCESSING SVCS / CITY CLERK PROP. 84 HOOVER AVE GRANT APPLICATIO STORM DRAIN IMPROVEMENT DESIGN 8TH ST. SAFETY ENHANCEMENTS OCT/NOV [ER DISBURSEMENTS PAID WITH CDC FUNDS SECTION 8 HAPS PAYMENTS CHK NO DATE AMOUNT 300210 1/17/12 6,315.00 300211 1/17/12 2,090.57 300212 1/17/12 224.00 300213 1/17/12 74.25 300214 1/17/12 121.49 300215 1/17/12 7.59 300254 1/17/12 1,591.32 300287 1/17/12 3,483.00 300319 1/17/12 5,623.00 300322 1/17/12 301.95 A/P Total $ 19.832.17 Total disbursements paid with City's Funds $ 19,832.17 Start Date End Date 1/11/2012 1/17/2012 15,654.57 GRAND TOTAL $ 35,486.74 SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY AGENDA STATEMENT *TING DATE: February 21st, 2012 AGENDA ITEM NO. 2 ITEM TITLE: Authorize the reimbursement of Successor Agency to The Community Development Commission as the National City Redevelopment Agency expenditures in the amount of $245,534.38 to the City of National City for the period of 01/18/12 through 01/24/12 PREPARED BY: K. Apalategui DEPARTMENT: Financ PHONE: 619-336-4572 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: Approve the reimbursement of funds to the City of National City in the amount of $245,534.38 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrants for the period of 01/18/12 through 01/24/12, Riw ,n INCORPORATED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #30 1/24/2012 PAYEE CHICAGO TITLE COMPANY CORPORATE PAYMENT SYSTEMS EQUIFAX INFORMATION SVCS SAN DIEGO COUNTY RECORDER SAN DIEGO COUNTY RECORDER SW EETWATER AUTHORITY HARRIS & ASSOCIATES INC KIMLEY HORN AND ASSOC INC PAYROLL. Pay period Start Date 2 12/27/2011 DESCRIPTION PRE REPORT - 30TH ST VACATION CREDIT CARD EXPENSES / CDC EQUIFAX INFO SVCS FOR FY 2011-2012 RECONVEYANCE OF LOANS - CDC RECONVEYANCE OF LOANS - CDC WATER UTILITIES / CDC 8TH ST. CORRIDOR SMART GROWTH D AVE ROUNDABOUT SVCS DEC 2011 End Date Check Date 1/9/2012 1/18/2012 CHK NO DATE 300351 1/24/12 300352 1/24/12 300353 1/24/12 300354 1/24/12 300355 1/24/12 300356 1/24/12 300395 1/24/12 300402 1/24/12 AMOUNT 750.00 59.86 50.55 147.00 36.00 19.90 21,753.46 160,276.48 AIP Total $ 183,093.25 62,441.13 Total disbursements paid with City's Funds $ 245,534.38 GRAND TOTAL $ 245,534.38 IIPETING DATE: CITY OF NATIONAL CITY, CALIFORNIA SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY COUNCIL AGENDA STATEMENT February 21, 2012 AGENDA ITEM NO. 23 ITEM TITLE: Investment Report for quarter ended December 31, 2011. PREPARED BY: Arnold Ocana DEPARTMENT: PHONE: 619-336-4342 APPROVED BY: EXPLANATION: See attached report. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Accept and file. BOARD / COMMISSION RECOMMENDATION: N/A fill/TACHMENTS: 1 — Background/Investment Overview 2 — Portfolio Summary — Quarter ended December 31, 2011. ATTACHMENT 1 BACKGROUND California Government Code Section 53646 requires that staff submit an investment report to the Community Development (CDC) Chairman and members within 30 days following the end of the quarter that consists of the following information: VdVV' V Type of investment or description, Issuers (bank or institution), Dollar amount, Interest rate, Current market valuation as of the date of the report, And the date of maturity. In addition, the code requires that the report states the CDC's compliance with it's investment policy and include a statement on the CDC's ability to meet it's pool's expenditure requirements. OVERVIEW OF CITY INVESTMENTS The CDC investments most of its funds the California Treasurer's Local Agency Investment Fund (LAIF). This is a liquid investment pool, which allows participants to earn market rate returns of large investments, while retaining access to funds within 24 hours of a withdrawal request. Due to the current circumstances of the economy and the market conditions, LAIF return has been plunging for the last 48 months. For the month ended December 31, 2011, LAIF's monthly average effective yield was 0.382%. The investment of debt service reserve funds, the 1999, 2004, 2005 and 2011 Tax Allocation Bonds, and the HUD Section 108 Loan Program funds are controlled by the designated fiscal agent. The reserve funds account for 80.79% of the CDC's portfolio. Federal Agency Securities account for 0.99% of the investment portfolio. The average rate of return is 2.64% The investment portfolio has the ability to meet the CDC's financial needs. SUMMARY OF INVESTMENT PORTFOLIO As of December 31, 2011 INVESTMENTS HELD BY THE CDC OF NATIONAL CITY Investment Type % of Book Value Market Value Portfolio LAIF 8,405,891.08 8,419,777.59 16.60% Federal Agency Securities 500,000.00 501,840.00 0.99% Cash with Fiscal Agent 41,724,741.48 41,724,741.48 82.41% Totals for December 2011 50,630,632.56 50,646,359.07 100.00% Totals for December 2010 17,810,285.76 Portfolio increase from same quarter last year Cash with Fis Agent 82.41 32,820,346.80 LAI F 16.60% Federal Agency Securities 0.99% Investments Liquidity Book Value % of Portfolio On Demand One Year Within One to Five Years Cash with Fiscal Agent 8,405,891.08 0.00 500,000.00 41, 724,741.48 16.60% 0.00% 0.99% 82.41% 50,630,632.56 100.00% Community Development Commission of National City Finance Department Investments CDC OF NATIONAL CITY Portfolio Management Portfolio Summary December 31, 2011 Par Market Book % of Days to YTM YTM Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. LAIF 8,405,891.08 8,419,777.59 8,405,891.08 16.60 1 1 0.377 0.382 Federal Agency Coupon Securities 500,000,00 501,840.00 500,000.00 0.99 1,827 1,534 2.604 2.640 Treasury Coupon Securities 822,219,00 822,219.00 822,219.00 1.62 1,009 440 1.007 1.021 Cash with Fiscal Agent 40,902,522.48 40,902,522.48 40,902,522.48 80.79 1 1 0.000 0.000 Investments Total Earnings 50,630,632.56 50,646,359.07 50,630,632.56 100.00% 35 23 0.105 0.106 December 31 Month Ending Fiscal Year To Date Current Year Average Daily Balance Effective Rate bf Return Tina Norrdii , Financial Services Officer Reporting period 12/01/2011-12/31/2011 Run 0aie'. 01/27/2012 - 17 43 4,840.33 50,627,507.14 0.11% 55, 629.87 Portfolio CDC1 CP PM (°RF_PM1) SyrnRept 6.41.202b Report Ver. 5.00 CUSIP CDC OF NATIONAL CITY Portfolio Management Portfolio Details - Investments December 31, 2011 Page 2 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date LAIF SYS10006 10006 LAIF Subtotal and Average 8.405,891.08 8,419,777.59 8,405,891.08 0.382 0,377 0.382 1 8,405,891.08 8,405,891.08 8,419,777.59 8,405,891.08 0.377 0.382 1 Federal Agency Coupon Securities 313372TR5 10030 Federal Home Loan Bank 03/14/2011 500,000.00 501,840.00 500,000.00 2.640 2.604 2.640 1 534 03/14/2016 Subtotal and Average 500,000.00 500,000.00 501,840.00 500,000.00 2.604 2.640 1,534 Treasury Coupon Securities 535399880 10033 FEDERAL RESERVE BANK NYC 06/11/2010 10,910.00 10,910.00 10,910.00 0.530 0.523 0.530 31 02/01/2012 S35399910 10034 FEDERAL RESERVE BANK NYC 06/11/2010 290,939.00 290,939.00 290,939.00 0.740 0.730 0.740 213 08/01/2012 S35399920 10035 FEDERAL RESERVE BANK NYC 06/11/2010 5,491.00 5,491.00 5,491.00 0.970 0.957 0.970 397 02/01/2013 S35399940 10036 FEDERAL RESERVE BANK NYC 06/11/2010 310,518.00 310,518.00 310,518.00 1.190 1.174 1.190 578 08/01/2013 S35399970 10037 FEDERAL RESERVE BANK NYC 06/11/2010 204,361.00 204,361.00 204,361.00 1.190 1:74 1.190 578 08/01/2013 Subtotal and Average 822,219,00 822,219.00 822,219.00 822,219.00 1.007 1.021 440 Cash with Fiscal Agent SYS10013 10013 National City 2004 TAB 35,623.97 35,623.97 35,623.97 0.000 0.000 1 SYS10014 10014 National City 2004 TAB 07/01/2011 0.16 0.16 0.16 0.000 0.000 1 SYS10015 10015 National City 2004 TAB 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 SYS10016 10016 National City 2004 TAB 07/01/2011 0.00 0,00 0.00 0.000 0.000 1 SYS10010 10010 National City 2005ATAB 07/01/2011 2,345,042.08 2,345,042.08 2,345,042.08 0.000 0.000 1 SYS10011 10011 National City 2005ATAB 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 SYS10012 10012 National City 2005A TAB 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 SYS10028 10028 National City 2005A TAB 07101/2011 0.00 0.00 0.00 0.000 0.000 1 SYS10008 10008 National City 2005B TAB 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 SYS10009 10009 National City 20056 TAB 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 SYS10027 10027 National City 2005E TAB 07101/2011 0.00 0.00 0.00 0.000 0.000 1 SYS10039 10039 National City 2011 TAB 07/01/2011 33,984.717.34 33,984,717.34 33,984,717.34 0.000 0.000 1 SYS10040 10040 National City 2011 TAB 07/01/2011 4,201,067.55 4,201,067.55 4,201 067.55 0.000 0.000 1 SYS10041 10041 National City 2011 TAB 07/01/2011 0.24 0.24 0.24 0.000 0.000 SYS10042 10042 National City 2011 TAB 07/27/2011 0.00 0.00 0.00 0.000 0.000 SYS10020 10020 National City 1999 TAB Reserve 333,294.10 333,294.10 333,294.10 0.000 0.000 1 SYS10029 10029 National City 1999 TAB Reserve 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 5YS10038 10038 HUD-108 NC DEFEASANCE CASH 07/01/2011 2,777.04 2,777.04 2,777.04 0.000 0.000 1 Subtotal and Average 40,899,397.06 Run Date: 01/27/2012 - 17..43 40,902,522.48 40,902,522.48 40,902,522.48 0.000 0.000 1 Portfolio CDC1 CP PM (PRF_PM2) SymRepr 6.41.202b CUSIP CDC OF NATIONAL CITY Portfolio Management Portfolio Details - Investments December 31, 2011 Page 3 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Total and Average 50,627,507.14 50,630,632.56 50,646,359.07 50,630,632.56 0.105 0.106 23 Portfolio CDC1 CP Run Date, 01/27/2012 - 17:43 PM (PRF_FM21 Syrr ept 6.41.2026 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY COUNCIL AGENDA STATEMENT STING DATE: February 21, 2012, AGENDA ITEM NO. 24 ITEM TITLE: Resolution of the Community Development Commission- Housing Authority of the City of National City authorizing the Chairman to execute a Subordination Agreement with Ramon Rodriguez allowing a new mortgage not -to -exceed $194,950 to be and remain a lien prior and superior to a First -Time Home Buyer assistance loan of $27,250 on a single -unit property located at 2004 "B" Avenue in National City PREPARED BY: Carlos Aguirre, Comm. Dev. Specialist I'.- DEPARTMENT: Ad t�mtstFatill�e Services PHONE: 619 336-43911 APPROVED BYE EXPLANATION: The Housing Authority of the Community Development Commission of the City of National City (CDC -HA) made a loan for $27,250 from the HOME Investment Partnerships Fund to Ramon Rodriguez (Borrower") on 10/4/2002 to assist the eligible household in the purchase of single-family residence located at 2004 "B" Avenue in National City. The CDC -HA loan is fully deferred for 30 years as long as the residence is occupied by the Borrower and the Borrower performs under all other Covenants and Agreements contained in the Deed of Trust of the CDC -HA loan. The Borrower is interested in refinancing the first lien on the property and has been approved for a new loan with JP Morgan Chase Bank. The new lender is requiring that the CDC -HA execute a subordination agreement allowing the new loan to hold superior position to the CDC -HA issued loan. The CDC -HA loan will maintain second lien position on the property. The purpose of the refinance is to allow the Borrower to reduce the interest rate paid to a fixed 4.00% interest rate and there will be no cash proceeds to the Borrowers through the refinance. Staff has also satisfactorily -Hewed the preliminary title report, new loan terms, and closing statement. The Borrower is applying for a special gram to save their home from potential foreclosure. The program allows the Borrower to refinance without ...taining a value that is more than the first loan. It is in the CDC-HA's best interest to subordinate and protect against future loss to the CDC -HA due to foreclosure on the current loan. The CDC-HA's legal co}insel will be provided the new Deed of Trust to review before the Subordination Agreement is fully executed. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: There is no immediate fiscal impact associated with this request. The CDC- Housing Authority is strengthening its position to collect on the asset by subordinating to the new loan. ENVIRONMENTAL REVIEW: The subordination agreement is exempt from environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff recommends the adoption of a resolution to execute the Subordination Agreement. BOARD / COMMISSION RECOMMENDATION: There is no board or commission recommendation required for the Subordination Agreement. FACHMENTS: 1. Draft Subordination Agreement between CDC -HA and Borrower RESOLUTION NO. 2012 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A SUBORDINATION AGREEMENT ALLOWING A NEW MORTGAGE NOT -TO -EXCEED $194,950 TO BE AND REMAIN A LIEN PRIOR AND SUPERIOR TO A FIRST-TIME HOMEBUYER ASSISTANCE LOAN OF $27,250 ON A SINGLE -UNIT PROPERTY LOCATED IN NATIONAL CITY WHEREAS, the Community Development Commission — Housing Authority of the City of National City ("CDC -HA") made a loan of $25,000 ("CDC -HA Loan") issued from the HOME Investment Partnerships Program to Ramon Rodriguez ("Borrower") on October 4, 2002, to assist an eligible household in the purchase of a single-family house located at 2004 B Avenue in National City (the "Property"); and WHEREAS, the CDC -HA Loan is fully deferred until 2032, as long as the residence is occupied by the Borrower, and the Borrower performs under all other Covenants and Agreements contained in the Deed of Trust of the CDC -HA Loan; and WHEREAS, the Borrower is interested in refinancing the debt on the property and has been approved for a new loan with JP Morgan Chase Bank (the "Lender") that requires the CDC -HA to execute a Subordination Agreement allowing the new loan to hold superior position to the CDC -HA Loan that will maintain second lien position on the Property; and WHEREAS, the purpose of the refinance is to allow the Borrower to reduce the interest rate paid on their current mortgage to 4.00% with no cash proceeds to the Borrower through the escrow tied to the refinance; and WHEREAS, maintaining a second lien position pursuant to the Borrower refinancing to a lower interest rate without cash -out acts to further preserve and secure the CDC -HA interest in the Property. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission — Housing Authority of the City of National City hereby authorizes the Chairman to execute a Subordination Agreement in favor of a new First Trust Deed with JP Morgan Chase Bank as beneficiary. After being recorded by the County of San Diego, said Subordination Agreement will be on file in the office of the City Clerk. PASSED and ADOPTED this 21st day of February, 2012. Ron Morrison, Chairman ATTEST: APPROVED AS TO FORM: Brad Raulston, Secretary Claudia Gacitua Silva CDC General Counsel Attachment No. 1 CO, NUATION OF SUBORDINATION AGREEIv...i4T RECORDING REQUESTED BY: Transamerican Escrow Company Order No. 13215088 Escrow No. 3488-JH Parcel No. 560-262-11-00 AND WHEN RECORDED MAIL TO: THE COMMUNITY DEVELOPMENT COMISSION OF THE CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA. 91950 SPACE ABOVE THIS LINE FOR RECORDER'S USE SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY" INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THANHE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. "PHIS AGREEMENT, made this 06 day of February, 2012, by Ramon Rodriguez and Leticia Rodriguez, Husband and Wife as Joint Tenants owner of the land hereinafter described and hereinafter referred to as "Owner", and present owner and holder of the deed of trust and note first hereinafter described and hereinafter referred to as "Beneficiary' WITNESSETH 'THAT WHEREAS, Ramon Rodriguez did on 10/4/2002, execute a deed oftrust to The Community Development Commission of the City of National City, as trustee, covering: The Easterly 80 feet of Lots 19 and 20 in Block 2 of the Subdivision of 10 acre Lot 5 in the Block 153 of Rancho De La Nacion (commonly called Sherman's Subdivision), in the City of National City, County of San Diego, State of California, according to the Map thereof No. 200, filed in the Office of the County Recorder of San Diego, County, January 26, 1882. to secure a note in the sum of S27,250.00, dated 10/24/2002, in favor of The Community Development Commission of the City of National City, which deed of trust was recorded 10/07/2002, as Instrument No. 2002- 0864853, Official Records of said county and is subject and subordinate to the deed of trust next hereinafter described; and WHEREAS, Ramon Rodriguez did on , execute a deed oftrust to LSI Title Company, as trustee, covering said land and securing an indebtedness not to exceed the amount of S194,950.00, in favor of JPMorgan Chase Bank, N.A., hereinafter referred to as "Lender", which deed of trust is recording concurrently herewith, Official Records of said county and provides among other things that it shall also secure additional loans and advances thereafter made upon the terms and conditions set forth; and WHEREAS, Owner has executed, or is about to execute, a note not to exceed loan amount of S194,950.00, dated , in favor of Lender, payable with interest and upon the terms and conditions described therein, which note evidences an additional loan to be made by Lender to Owner under the terms and conditions described therein, and secured by said deed of trust in favor of Lender; and WHEREAS, it is a condition precedent to obtaining said loan that said deed of trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the deed of trust first above mentioned; and WHEREAS, Lender is willing to make said loan provided the deed of trust securing the same is a lien or charge upon the above described property prior and superior to the lien or charge of the deed of trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed oftrust in favor of Lender; and Attachment No.1 WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and Beneficiary is willing that the deed of trust securing the same shall, when recorded, constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows: 1. That said deed of trust securing said note in favor of Lender, and any renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on the property therein described, prior and superior to the lien or charge of the deed of trust first above mentioned. 2. That Lender would not make its loan above described without this subordination agreement. 3. That this agreement shall be the vvhole and only agreement with regard to the subordination of the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of lender above referred to and shall supersede and cancel, but only insofar as would affect the priority between the deeds of trust hereinbefore specifically described, any prior agreement as to such subordination including, but not limited to, those provisions, if any. contained in the deed of trust first above mentioned, which prov for the subordination of the lien or charge thereof to another deed or deed of trust or to another i l ea or mortgages. Beneficiary declares, agrees and acknowledges that (a) He consents to and approves (i) all provisions of the note and deed of trust in favor of Lender above referred to. and (ii) all agreements, including but not limited to any loan or escrow agreements, between Owner and Lender for the disbursement of the proceeds of Lender's loan; (b) Lender in making disbursements pursuant to any such agreement is under no obligation or duty to, nor has Lender represented that it will see to the application of such proceeds by the person or persons to whom Lender disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; (c) He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust first above mentioned in favor of the lien or charge upon said land of the deed of trust in favor of Lender above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination specific loans and advances are being and will be made and, as part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and (d) An endorsement has been placed upon the note secured by deed of trust First above mentioned that said deed of trust has by this instrument been subordinated to the lien or charge of the deed of trust in favor of Lender above referred to. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OR WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. BENEFICIARY OWNER Mortgagee, The Community Development Ramon Rodriguez Commission of the City of National City Mortgagee, The Community Development Commission of the City of National City (ALL SIGNATURES MUST BE ACKNOWLEDGED BY A NOTARY) IT IS RECOATI1ENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT. THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. (CLTA SUBORDINATION FORM "C.) ITEM #25 2/21/12 BLUE LINE TROLLEY CROSSING UPDATE - 8TH STREET, CIVIC CENTER DRIVE (ENGINEERING) ITEM #26 2/21/12 CLOSED SESSION REPORT (CITY ATTORNEY)