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HomeMy WebLinkAbout2013 02-19 CC HA AGENDA PKTAgenda of A Regular Meeting — National City City Council/Community Development Commission — Housing Authority of the City of National City Council Chambers 1243 National City Boulevard National City, California Regular Meeting — Tuesday — February 19, 2013 — 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 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 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 of the City of National City action must be brought back on a subsequent Council 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 Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacidn en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings National City City Council /Community Development Commission/Housing Authority CITY COUNCIL 02/19/13 - Page 2 PRESENTATIONS 1. Introducing the City's new Sr. Building Inspector, Tommy Simmons 2. National City Boys & Girls Clubs of Greater San Diego - Update on State of the Club. (Connie Alvarez) 3. Applicant Presentations for 2013-2014 Community Development Block Grant Program Funding. (Housing and Grants) 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 Regular Meetings of the City Council and Community Development Commission — Housing Authority of the City of National City of February 5, 2013. (City Clerk) 5. Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" on the 3000 block of E. 6th Street. (TSC 2012-25) (Engineering) **Continued from Council Meeting of January 15, 2013** 6. Resolution of the City Council of the City of National City approving the Seventh Amendment to the Agreement between the City of National City and Dokken Engineering in the amount of $135,000 to provide engineering and construction support services for the Plaza Boulevard Widening Project. (Funded by Prop. A) (Engineering) National City City Council /Community Development Commission/Housing Authority 02/19/13 - Page 3 CONSENT CALENDAR (Cont.) 7. Resolution of the City Council of the City of National City declaring a recently vacated portion of G Avenue right-of-way, south of East 24th Street as surplus property and directing staff to proceed under Council Policy #901 for the eventual sale of the property. (Planning) 8. Resolution of the City Council of the City of National City authorizing the Mayor to enter into an Agreement with the National School District for partial funding of the School Resource Officer Program. The City of National City will be reimbursed $61,917.00 by the National School District for Fiscal Year 2012- 2013 School Resource Officer Police Services. (Police) 9. Resolution of the City Council of the City of National City authorizing the Mayor to enter into an Agreement with the Sweetwater Union High School District for partial funding of the School Resource Officer Program. The City of National City will be reimbursed $80,000.00 by the Sweetwater Union High School District for Fiscal Year 2012-2013 School Resource Officer Police Services. (Police) 10. Resolution of the City Council of the City of National City ratifying the --acceptance---of ices (CLLS) Grant FY 2012-13 in the amount of $3,537.00, increasing the total amount of the Grant from $43,410.00 to $46,947.00. (Library) 11. National City Sales Tax Update — Third Quarter 2012. (Finance) 12. WARRANT REGISTER #29 Warrant Register #29 for the period of 01/09/13 through 01/15/13 in the amount of $1,735,876.26. (Finance) 13. WARRANT REGISTER #30 Warrant Register #30 for the period of 01/16/13 through 01/22/13 in the amount of $1,018,620.34. (Finance) National City City Council /Community Development Commission/Housing Authority 02/19/13 - Page 4 NEW BUSINESS 14. Temporary Use Permit - Liberty Tax Service requesting advertising displays at 605 Highland Avenue and 1615 E. Plaza Boulevard from February 6, 2013 thru April 15, 2013 with no waiver of fees. (Neighborhood Services) **Continued from Council Meeting of February 5, 2013** 15. Notice of Decision — Planning Commission approval of a Conditional Use Permit for a charter school in Westfield Plaza Bonita Shopping Center located at 3030 Plaza Bonita Road, Suite 1000. (Applicant: Student Success Programs Incorporated) (Case File 2012-25 CUP) (Planning) 16. Notice of Decision — Planning Commission approval of a Conditional Use Permit for the expansion of an existing church, including the construction of a new school, with a request for a reduction in off-street parking at 616 E. 8th Street. (Applicant: International Bible Baptist Church) (Case File 2012-24 CUP) (Planning) 17. City of National City Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2012. (Finance) 18. Mid -Year Fiscal Year 2012-13 Budget Update. (Finance) 19. Scheduling of City Council workshops related to the discussion and preparation of the City of National City's Strategic Plan and Annual Budget for Fiscal Year 2013-2014. (Finance) 20. Discussion of Alternate Member Process — Boards & Commissions. (City Clerk) COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY None National City City Council /Community Development Commission/Housing Authority 02/19/13 - Page 5 STAFF REPORTS 21. Closed Session Report. (City Attorney) MAYOR AND CITY COUNCIL ADJOURNMENT Regular City Council/Community Development/Housing Authority of the City of National City Meeting — Tuesday — March 5, 2013 — 6:00 p.m. — Council Chambers — National City, Califomia. COPIES OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcltvca.nov ITEM #1 2/19/13 INTRODUCING THE CITY'S NEW SR. BUILDING INSPECTOR, TOMMY SIMMONS ITEM #2 2/19/13 NATIONAL CITY BOYS & GIRLS CLUBS OF GREATER SAN DIEGO - UPDATE (CONNIE ALVAREZ) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 19, 2013 AGENDA ITEM NO. 3 ITEM TITLE: Applicant Presentations for 2013-2014 Community Development Block Grant Program Funding 4C PREPARED BY: Carlos Aguirre, Community Dev. Spec. II DEPARTMENT: H.,, sin..nd G PHONE: (619) 336-4391 APPROVED BY: 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) 2013-2014 under the Community Development Block Grants (CDBG) and HOME Investment Partnerships (HOME) Programs. The applications for funding were made available on November 27, 2012. It is estimated the City will receive $715,000 in CDBG and $230,000 in HOME funds for FY2014. The City's Housing and Grants Division received 24 applications for Fiscal Year (FY) 2013-14 CDBG funding. On February 19th, CDBG applicants will be provided the opportunity to present on their funding request to the City Council. Applicants will have up to 3 minutes per application to present their proposal(s) to the City Council. The City Council will make funding recommendations on these projects applications immediately after the first public hearing on March 19'h. 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. Attached are the annual action plan timeline, the City's 2010-15 Consolidated Plan strategic goals and objectives, and the list of CDBG applicants. Please note that the HOME Program did not receive applications for affordable housing projects. Staff recommends that HOME funds, including any program income, be appropriated to the City's Owner -Occupied Rehabilitation Program which will fund the rehabilitation of 3 to 4 housing units. FINANCIAL STATEMENT: ACCOUNT NO. n/a'. Not applicable to this report. ENVIRONMENTAL REVIEW: Not applicable to this report. ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: finance APPROVED: MIS STAFF RECOMMENDATION: File this report. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: Attachment No. 1: FY 2013-2014 Annual Action Plan Development Timeline Attachment No. 2: 2010-2015 Consolidated Plan Goals and Objectives Attachment No. 3: CDBG Applicants for 2013-2014 CDBG Funding Attachment 1 FY 2013-14 Annual Action Plan Timeline CDBG and HOME Programs November 27, 2012 FY 2013-14 CDBG/HOME Grant Funding Applications Available for Distribution City Hall Clerk's Office, Finance Department Counter, and City of National City Website December 11, 2012 (Tuesday): CDBG/HOME Technical Assistance Workshop for Grant Applicants 10:00 a.m.- 11:30 a.m. MLK Center - South Mtg. Room January - March 2013 Drafting of FY 2013-14 Action Plan January 15, 2013 (Tuesday): CDBG/ HOME Application Submission Deadline Due by 2:00 p.m. at the City Clerks Office February 5, 2013 (Tuesday): Distribution of CDBG/HOME Grant Application Binders to the City Council February 19, 2013 (Tuesday): CDBG/HOME Program Applicant Presentations 6:00 p.m. City Hall Council Chambers March 19, 2013 (Tuesday): City Council Public Hearing No. 1- Applicant Grant Funding Recommendations (Decision Making Meeting) 6:00 p.m. City Hall Council Chambers March 27-April 25, 2013 Mandatory 30-Day Public Review FY 2013-14 Action Plan May 7, 2013 (Tuesday); City Council Final Public Hearing No. 2 - Approval of the FY 2013-14 Action Plan 6:00 p.m. City Hall Council Chambers May 14, 2013 (Tuesday): Submission of the FY 2013-14 Action Plan to HUD Attachment No. 2 FIVE-YEAR CONSOLIDATED PLAN 2010-2015 STRATEGIC HOUSING (H) PLAN PRIORITIES AND OBJECTIVES Summarv: 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. Obiective 1: Minor Home Rehabilitation Provide funding for minor rehabilitation of 50 units. Obiective 2: Ownership Housing Rehabilitation Program Provide funding (loans and rebates) to rehabilitate/repair 15 single-family housing units. Obiective 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. Obiective 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. Obiective 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. Summarv: 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. 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. 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 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. 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 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. 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. 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. 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 3 of 3 Attachment 3 # Applicant Name CDBG Public Service u . Program Name Activity Allocation $246,586 Minimum Allocation $231,586 1 City of National City, Community Services At Risk Youth After School Teen Program - "Supreme Teens" $20,000 $20,000 2 Olivewood Gardens and Learning Center Community Health Educators/Promoters $20,000 $10,000 3 Council of Philippine American Organizations FilAm Community Mental Health Educational Outreach $15,000 $12,000 4 Meals -on -Wheels Greater San Diego Home -Delivered Meals to Seniors $8,000 $6,000 5 City of National City, Community Services Department Learn to Swim $32,856 $32,856 6 City of National City, Public Library Literacy Services $52,000 $52,000 7 South Bay Community Services National City Police Department Support Services: Domestic Violence Response Team $20,000 $20,000 8 Young Audiences of San Diego National City Theatre Youth Ensemble $10,000 $10,000 9 PASACAT, Inc. (Philippine Performing Arts Philippines through Dance and Music $14,500 $14,500 10 City of National City, Fire Department Public Access Defibrillator Program $16,893 $16,893 11 City of National City, Community Services Tiny Tots $29,337 $29,337 12 Trauma Intervention Programs of San Diego Trauma Intervention Program $8,000 $8,000 C CDBG Code Enforcement $145,000 $121,000 13 City of National City, Neighborhood Services Housing Inspection Program $145,000 $121,000 C CDBG Economic Development $50,000 $50,000 14 Southwestern Community College District, San Diego Small Business Development Center National City Small Business Assistance Program $50,000 $50,000 C CDBG Interim Assistance $121,127 $113,745 15 City of National City, Neighborhood Services Neighborhood Preservation $121,127 $113,745 C CDBG Public Facility Improvements $321,870 $272,160 16 City of National City, Community Services George H. Waters Nutrition Program $75,000 $75,000 17 Olivewood Gardens and Learning Center Outdoor Classroom and Garden Paths $46,870 $26,760 18 Operation Samahan Inc. Samahan-Kimball School Based Health Center $200,000 $170,400 CDBG Public Infrastructure Improvements $697,010 $550,150 19 City of National City, Development Services Concrete and ADA Improvements $300,000 $200,000 20 City of National City, Development Services Drainage Improvements $300,000 $300,000 21 La Maestra Family Clinic, Inc. La Maestra Parking Lot Renovation Project $33,010 $26,150 22 City of National City, Development Services Department Traffic Safety Enhancements - Emergency Vehicle Preemption $64,000 $24,000 Page 1 of 2 Attachment 3 Program Name Activity Allocation Minimum Allocation # Applicant Name CDBG Rehabilitation $10,000. $10,000 23 GRID Alternatives Solar Affordable Housing Program $10,000 $10,000 C CDBG Section 108 Loan $247,161 $247,161 n/a City of National City, Fire Department Fire Station 34-Section 108 Loan Payment FY13-14 $247,161 $247,161 C CDBG Planning/Administration $200,000 $143,000 24 City of National City, Community Services Neighborhood Councils Program $72,000 $15,000 n/a City of National City, Housing & Grants CDBG Program Administration $93,000 $93,000 n/a Fair Housing Council of San Diego Fair Housing and Tenant -Landlord Education $35,000 y $35,00,�0. �r n �4 Page 2 of 2 ITEM #4 2/19/113 APPROVAL OF THE MINUTES OF THE REGULAR MEETINGS OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF FEBRUARY 5, 2013 (CITY CLERK) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 19, 2013 AGENDA ITEM NO. 5 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" on the 3000 block of E. 6th Street. (TSC 2012-25) PREPARED BY: Stephen Manganiello, City Engineer PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: At their meeting on December 5, 2012 the Traffic Safety Committee unanimously approved the staff recommendation to install red curb "No Parking" on the 3000 block of E. 6th Street. ATTACHMENTS: 1. Explanation 2. Resolution 3. Staff Report to the Traffic Safety Committee (December 5, 2012) RESOLUTION NO. 2013 — 01 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF RED CURB "NO PARKING" ON THE 3000 BLOCK OF EAST 6TH STREET TO ENHANCE SAFETY FOR TWO-WAY TRAFFIC AND IMPROVE ACCESS FOR EMERGENCY VEHICLES WHEREAS, a resident of Paradise Walk expressed concern that the roadway width for the 3000 block of East 6th Street is too narrow to safely allow for two-way traffic and access for emergency vehicles due to vehicles parking on both sides of the street; and WHEREAS, at its meeting on December 5, 2012, the Traffic Safety Committee approved staff's recommendation to red curb approximately 105' along the south side; and WHEREAS, the City Council heard this item on January 15, 2013 and directed staff to explore opportunities to reduce the loss of parking; and WHEREAS, after a site evaluation, staff recommends the installation of red curb "No Parking" on the north and south side of the 3000 block of East 6th Street totaling approximately 50', which reduces the parking loss. . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of red curb "No Parking" on the north and south side of the 3000 block of East 6th Street to enhance safety for two-way traffic and improve access for emergency vehicles. PASSED and ADOPTED this 19th day of February, 2013. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor EXPLANATION Mr. Moises Acuna, resident of Paradise Walk, is concerned that the roadway width for the 3000 block of E. 6th Street is too narrow to allow for two-way traffic with parking on both sides of the street. He is also concerned about emergency vehicle access due to the narrow street. Mr. Acuna mentioned that more families have moved into Paradise Walk over the years resulting in more vehicles parked on the streets. Members of the Paradise Walk HOA share his concerns. Staff performed a site evaluation. The roadway width along the 3000 block of E. 6th Street is only 32 feet, which does not meet the minimum requirements for emergency vehicle access for two- way traffic with parking on both sides of the street. In order to improve emergency vehicle access, parking on one side of the block was recommended for removal. Based on field measurements, parking for nine vehicles is available on the north side of this block, while parking for seven vehicles is available on the south side. Therefore, in order to improve access for emergency vehicles and minimize loss of parking for the block, staffs original recommendation was to install red curb "No Parking" with signs on the south side of the block. All of the residential units on the south side of the block have available off-street parking. The Traffic Safety Committee considered this item at their meeting of December 5, 2012. A number of area residents were in attendance. Two residents of E. 6`h Street expressed concems about inadequate parking on the street due to Paradise Walk and events at the ball fields to San Diego Academy. They also expressed concerns regarding a resident parking construction equipment on E. 6th Street — this issue was referred to Neighborhood Services. One of the residents in attendance asked if a Parking Permit District could be established for the homeowners on the 3000 block of E. 6th Street. Staff stated they would initiate the process once a signed petition was received from the homeowners. Another resident requested signage to be posted prohibiting commercial vehicles from parking on the street. Residents of Paradise Walk asked why E. 7th Street was fenced off. Staff explained it was vacated to Paradise Village and is no longer a public street. Residents also asked whether or not there were plans to make Arcadia Avenue a two-way street? Currently, the 700 block of Arcadia Avenue is one-way northbound with parking prohibited. Staff stated it was a Condition of Approval for Paradise Village to widen Arcadia Avenue and install curb, gutter and sidewalk as part of the final phase of the Project. This will allow for two-way traffic and parking on both sides of the street. They asked about the status of construction of the final phase of Paradise Village. Staff stated they should have an update in January. After all residents present had an opportunity to speak, the City Engineer presented the staff report to the Committee. Fire Marshal Hernandez also provided an overview on emergency vehicle access. After considering all of the information presented, the Traffic Safety Committee voted unanimously to implement the staff recommendation for installation of red curb "No Parking" along the south side of the 3000 block of E. Street to improve access for emergency vehicles. This item was presented to City Council on January 15, 2013. A resident who lives on the 3000 block of E. 6th Street spoke in opposition of the red curb. City Council voted to continue this item to a later meeting and directed staff to explore opportunities for reducing the loss of parking. Staff from the Engineering and Fire Departments met on -site with a full-sized fire engine (see attached photos) to assess space requirements for responding to an emergency. After the assessment, the City Engineer and Fire Marshall agreed that the minimum 20 feet of travelway clearance could be maintained to allow access to all of the homes on the block by staggering the red curb zones on opposite sides of the street. This would result in a loss of two parking spaces (as opposed to a Toss of seven parking spaces as presented under the original proposal). • Location Map - Original Recommendation for Red Curb "No Parking" • • Location Map — Final Recommendation for Red Curb "No Parking" • • E. 6m St, east of Harbison Ave (looking west) E. 61h St, east of Harbison Ave (looking east) • Fire Truck with Parked Vehicles on E. 6th St, east of Harbison Ave (looking east) Fire Truck with Parked Vehicles on E. 6th St, east of Harbison Ave (looking west) NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR DECEMBER 5, 2012 ITEM TITLE: 1 REQUEST FOR RED CURB "NO PARKING" ON THE 3000 BLOCK OFE. 6TH STREET TO IMPROVE. ACCESS FOR EMERGENCY VEHICLES (BY M. ACUNA1 PREPARED BY: Stephen Manganiello, City Engineer DISCUSSION: Mr. Moises Acuna, resident of Paradise Walk, is concerned that the roadway width for the 3000 block of E. 6th Street is too narrow to allow for two-way traffic with parking on both sides of the street. He is also concerned about emergency vehicle access due to the narrow street. Mr, Acuna mentioned that more families have moved into Paradise Walk over the years resulting in more cars parking on the streets. Members of the Paradise Walk HOA share his concerns. Staff performed a site evaluation. The roadway width along the 3000 block of E. 6th Street is only 32 feet, which does not meet the minimum requirements for emergency vehicle access for two-way traffic with parking on both sides of the street. In order to meet the minimum requirements for emergency vehicle access, parking on one side of the block must be removed. Based on field measurements, parking for nine vehicles is available on the north side of this block, while parking for seven vehicles is available on the south side. Therefore, in order to improve access for emergency vehicles and minimize loss of parking for the block, staff is recommending red curb "No Parking" with signs on the south side of the block. All of the residential units on the south side of the block have off-street parking. STAFF RECOMMENDATION: Staff recornmends installation of red curb "No Parking" along the south side of the 3000 block of E. 6th Street to improve access for emergency vehicles. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 2012-25 Stephen Manganiello -om: Acuna, Moises R. <MoisesAcuna@sdcounty.ca.gov> gent• Friday, July 06, 2012 1:28 PM To: Stephen Manganiello Subject: FW: CLOSED ROAD IN 7TH STREET AND ARCADIA STREET IN NATIONAL CITY Importance: High Hello Mr. Engineer, Good afternoon; I am one of the residents in Paradise Walk Condos in National City. I have concern and question regarding the road in the subject. My family and 1 are residing on the mentioned condos for almost 5 years now and my questions are: 1. Is the closed road in 7'h Street a private or public road? The reason I have this question because I noticed that it is been closed for 5 years now and up until now it is still closed. I have asked our HOA President about the closure and she said to ask the city engineer because as far as she knows, the road was closed because of the construction of the assisted family living building in the area. Right now, there is no more construction on going and it looks that the place and road is being utilized by the contractor as his storage and parking area of his trucks and equipments. 2. My other concern and question is the road In Arcadia Street adjacent to 8th street; it was made as one way recently going inside the compound and I have notice the measurement of the road is not the standard measurement. The existing fence put up has reclaimed about a few yards of the road; why is that? 3. The 6th Street road adjacent to Harbison St; this road is a; I would say it is risky and dangerous because the entrance in Harbison is narrow and if cars, trucks and construction equipment were park on the road 2 cars/trucks going in opposite direction will hit each other because of the narrow road of 6th street. I have noticed that the pedestrian sidewalks on both sides construction reclaimed a few yards of the road and some residents made the reclaimed portion as their loan and garden. There were so many residents and families now in Paradise Walk condos; with the situation of the road I have mentioned above; in case of emergency, we will have problem in going out of the compound because there is only one road. Why the closed road in 7th street be opened and if the construction is resumed have it closed again. Mr. Engineer, I hope you will consider this concern of mine and you will do some actions. Sincerely and thank you, MoLses R.. AcuwGt 751 Paradise Way National City, CA 91950 619 475-4864 1 1 E. 6th St, east of Harbison Ave (looking west) E. 60' St, east of Harbison Ave (looking east) /b Location Map — Original Recommendation for Red Curb "No Parking" Location Map — Final Recommendation for Red Curb "No Parking" E. 6th St, east of Harbison Ave (looking west) E. 6th St, east of Harbison Ave (looking east) -3- Fire Truck with Parked Vehicles on E. 6th St, east of Harbison Ave (looking east) Fire Truck with Parked Vehicles on E. 6th St, east of Harbison Ave (looking west) -4- CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 19, 2013 AGENDA ITEM NO. 6 ITEM TITLE: Resolution of the City Council of the City of National City approving the Seventh Amendment to the agreement between the City of National City and Dokken Engineering, in the amount of $135,000 to provide engineering and construction support services for the Plaza Blvd Widening Project — (Funded by Prop A.) PREPARED BY: Barby Tipton PHONE: 336-4583 EXPLANATION: See attached) DEPARTMENT: Engineering APPROVED BY: ig FINANCIAL STATEMENT: APPROVED: `iL f=„6, Finance ACCOUNT NO. APPROVED: MIS Funds are availabl 307-409-500-598-6569 (Plaza Blvd Widening) ENVIRO IMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Seventh Amendment — Dokken Engineering 3. Resolution RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SEVENTH AMENDMENT TO THE AGREEMENT WITH DOKKEN ENGINEERING, INC. INCREASING THE NOT -TO -EXCEED AMOUNT BY $135,000 TO PROVIDE ENGINEERING AND CONSTRUCTION SUPPORT SERVICES FOR THE PLAZA BLVD WIDENING PROJECT WHEREAS, The City of National City and Dokken Engineering, Inc. entered into an agreement for the street widening project for Plaza Boulevard between Highland Avenue and Euclid Avenue, in 2006 in the amount of $1,101,000; and WHEREAS, since 2006, six amendments to the original agreement have been approved each increasing the total not -to -exceed amount, as follows: April 21, 2009 - $20,000; July 21, 2009 - $55,000; January 5, 2010 - $42,800; May 5, 2010 - $42,200; November 8, 2010 - $21,092; and, May 17, 2011 - $42,655; and WHEREAS, this seventh amendment is requested for additional work that will consist of engineering and construction support services including but not limited to review of plans and specifications to ensure compliance with current design standards, utility coordination, cost estimates, special provisions, surveying, construction support on an as needed basis and unforeseen changes that may arise; and, WHEREAS, this seventh amendment will increase the total not -to -exceed amount by $135,000, bringing the total contract amount to $1,459,747. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Amendment to Agreement between the City of National City and the Dokken Engineering, Inc. to increase the not -to -exceed amount in the amount of $135,000, bringing the total contract amount to $1,459,747. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of February, 2013. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY. AND DOKKEN ENGINEERING, INC. This Amendment to Agreement is entered into this 19th day of February 2013, by and between the City of National City, a municipal corporation ("the CITY"), and Dokken Engineering, Inc. (the "CONSULTANT"). . RECITALS A. The CITY and the CONSULTANT entered into an agreement on the Street Widening Improvements an Plaza Boulevard from Highland to Euclid Avenues ("the Agreement") wherein the CONSULTANT agreed to provide civil engineering services and Right -of -Way Acquisition services. B. An Amendment in the not -to -exceed amount of $20,000 was approved on April 21, 2009, to provide for as -needed staking work for individual properties. C. An Amendment in the not -to -exceed amount of $55,000 was approved on July 21, 2009, to provide additional work to perform right of way acquisition services for seven more appraisals of properties impacted by the widening project, D. An Amendment in the not -to -exceed amount of $42,800 was approved on January 5, 2010, to redesign the area located in the state right of way to eliminate the need for tie -back retaining walls. The changes were due to Caltrans request. E. An Amendment in the not -to -exceed amount of $42,200 was approved on May 5, 2010, to provide additional work due to the extended time for negotiations required to obtain right of way. F. An Amendment in the not -to -exceed amount of $21,092 was approved on November 8, 2010, to secure Right of Way for the Plaza Boulevard Widening Project. The additional work has been generated by the extended time for negotiations required to obtain the Right of Way. G. An Amendment in the not -to -exceed amount of $42,655 was approved on May 17, 2011, to for work associated with the Plaza Boulevard Rule 20A Conversion project. H. This amendment is requested for additional work that will consist of' engineering and design services including, but not limited to, review of plans and specifications. to ensure compliance with current design standards, utility coordination, cost estimates, special provisions, surveying, construction support, and any unforeseen changes that may arise. The parties desire to amend the Agreement to perform the additional work on an as needed basis in the NOT TO EXCEED amount of $135,000. 2 Explanation: The City and Dokken Engineering entered into an agreement on the street widening project for Plaza Boulevard from Highland Avenue to Euclid Avenue in 2006, for a total amount of $1,101,000. Council has approved amendments to the agreement as shown below: • An Amendment in the 21, 2009; • An Amendment in the 21, 2009; • An Amendment in the January 5, 2010; • An Amendment in the 2010; • An Amendment in the November 8, 2010; • An Amendment in the 17, 2011. not -to -exceed amount of $20,000 was approved on April not -to -exceed amount of $55,000 was approved on July not -to -exceed amount of $42,800 was approved on not -to -exceed amount of $42,200 was approved on May 5, not -to -exceed amount of $21,092 was approved on not -to -exceed amount of $42,655 was approved on May • This amendment is requested for additional work that will consist of engineering and construction support services including but not limited to review of plans and specifications to ensure compliance with current design standards, utility coordination, cost estimates, special provisions, surveying, construction support on an as needed basis and any unforeseen changes that may arise. This amendment, if approved shall increase the contract by the not to exceed amount of $135,000 and bring the total contract amount to $1,459,747. Staff recommends that Council approve this amendment. NOW, THEREFORE, the parties here to agree that the Agreement entered into on November 21, 2006, and its amendments, shall be amended by increasing the not to exceed amount of $135,000 bringing the total contract amount to $1,459,747. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated November 21, 2006, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY DOIN ENGINEERING, INC. By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney BY: 404.(e04/1011 Rick Liptak, dent 3 ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATIMW D"Y) 12 PRODUCER Dealey, Renton & Associates P. O. Box 12675 Oakland, CA 94604-2675 510 465.3090 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND ORd ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Dokken Engineering Inc. 2365 Iron Point Road, Suite 200 Folsom, CA 95630 1 INSURER A: American Automobile. Ins. Co. INSURER B: National Union Fire Ins Co Pittsburg INSURER C: Hudson Insurance Company INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDPI I POLICY EXPIRATION DATE (MMIDDIYY1 LAWS A GENERALLIABRrTY COMMERCIAL GENERAL LIABILITY AZC80875810 05/31/12 05/31/13 EACH OCCURRENCE s1,000,000 X FIRE DAMAGE (Any one Me) s1,000,000 $10,000 CLAIMS MADE X OCCUR MED EXP (Any one person) PERSONAL B ADV INJURY 51,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMITAPPPLIES PER: PRODUCTS - COMP/OP AGO $2,000,000 IELOC -1 POLICY I-1 I JE C I I A AUTOMOBILE LIABIUTY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS AZC80875810 05/31/12 - 05/31/13 - - COMBINED SINGLE LIMIT (Ea accident) $1,000,000 EANY BODILY INJURY (Per person) $ X BODILY INJURY -- (Per accident) $ - X PROPERTY DAMAGE (Per accident) s GARAGE UABIUTY ANY AUTO AUTO ONLY - EA ACCIDENT $ — OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS UABIUTY OCCUR CLAIMS MADE EBU011030712 05/31/12 05/31/13 EACH OCCURRENCE s5,000,000 ^I AGGREGATE 55,000,000 $ DEDUCTIBLE RETENTION $ $ $ A WORKERS EMPLOYERS' COMPENSATION AND WZP81003558 05/31/12 05/31/13 X WC STLITU- FR LIABILITY E.L. EACH ACCIDENT ;1,000,000 E.L. DISEASE -EA EMPL OYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 C OTNER Professional Liability AEE7114407 05/31/12 05/31/13 $2,000,000 per Claim $2,000,000 Annl Aggr. DESCRIPTION OF OPERATIONSM1OCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS General Liability Policy excludes claims arising out of the performance of professional services. Re: Plaza Blvd. Widening (DE-1316). City of National City is Included as Additional Insured to General Liability per policy form wording. CERTIFICATE HOLDER ADDITIONAL INSU RED;IN SU RE R LETTER City of National City Attn: Burton S. Myers 1243 National City Blvd. National City, CA 91950 CANCELLATION SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED SEFORETH E EXPIATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL30 DAYSWRI TEN NOTICE TOTHE CERTIFICATE HOLDERNAM ED TOTHE LEFT, BUTFAILURE TO DO BOSH IMPOSE NO OBLIGATION OR UABtun or ANY POND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25-S (7/97)1 0f 1 #M299262 4 914441," CPC NMF 0 ACORD CORPORATION 1988 Insured: Dokken Engineering, Inc. Insurer: American Automobile Ins. Co. Policy Number: AZC80875810 Policy Period: 05/31/12 — 05/31/13 EXCERPTS FROM: Fireman's Fund ABC MULTICOVER—AB 91 89 05 99 THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: AMERICAN BUSINESS COVERAGE 2. Blanket Additional Insured Section I1— Liability Coverage, Part I. Who Is An Insured, Item 2. is amended to Include: f. Any person or organization that you are required by a written insured contract to include as an insured, subject to all of the following provisions: (1) Coverage is limited to their liability arising out of: (a) the ownership, maintenance or use of that part of the premises, or land owned by, rented to, or leased to you; or (b) your ongoing operations performed for that insured; or (c) that insured's financial control of you; or (d) the maintenance, operation or use by you of equipment leased to. you by such person(s) or organization(s) 4. Blanket Waiver of Subrogation Section II — Liability Coverage, Part K. Liability and Medical Payments General Conditions, is amended to include: 6. Transfer or Rights of Recovery Against Others to us and Blanket Waiver of Subrogation b. If required by a written insured contract, we waive any right of recovery we may have against any person or organization because of payments we make for Injury or damage arising out of your operations or your work for that person or organization. 19. Common Policy Conditions (AB 00 09 A 01 87), Part H. Other Insurance, Item 2 is replaced with: 2. Coverage C — Liability If other valid and collectible Insurance is available to any insured for a loss we cover under Coverage C of this Coverage Part our obligations are limited as follows: a. The insurance provided under this policy is primary If you are required by a written insured contract to include any person or organization as an insured, but only with respect to that insured's liability arising out of the ownership, maintenance, or use of that part of the premises owned by or rented to you, or your work for that insured by or for you. Any other insurance available to that person or organization Is excess and noncontributory with this insurance. EXCERPT FROM: PROPERTY/LIABILITY POLICY — AB 90 00 12 93 II. K. 5. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or suit is brought. 5 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 19, 2013' AGENDA ITEM NO. 7 ITEM TITLE: Resolution of the City Council of the City of National City declaring a recently vacated portion of G Avenue right- of-way south of East 24th Street as surplus property and directing staff to proceed under Council Policy 901 for the eventual sale of the property.) PREPARED BY: Martin Reeder, AICR DEPARTMENT: PHONE: 1619-336-4313 APPROVED BY: EXPLANATION: On December 18, 2012, the Council ordered the vacation of the northerly 194 feet of the easterly 15 feet of G' Avenue in association with the construction of a proposed Social Security Administration office. The vacated area would allow for the expansion of the proposed parking lot so that it can accommodate emergency access vehicles and increased parking for customers. The fee ownership of the land underneath the former street right-of-way belongs to the City. In order to construct improvements upon this property the developer must either enter into an encroachment agreement with the City or purchase the property. The developer wishes to pursue the latter option due to Federal Government requirements. City Council Policy 901 establishes the procedure for the sale of surplus property. One of the first steps in the procedure is for the City Council to declare the property surplus and direct staff to sell it. The property does not melt minimum design standards for a buildable lot (e.g., width, lot size), and is a separate parcel immediately surrounded by parking and road uses. The property is not identified in the General Plan or other plans as being needed for any City development or improvement projects and would of greater benefit to an adjacent property now it is no longer ight-of-way. Therefore, staff recommends that the property be sold in order to facilitate a project which will be a Jenefit to the community. Appraisal of the property will follow.; na FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: IN/A.! ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Declare the vacated portion of 'G' Avenue as surplus property and direct staff to obtain an appraisal of the property in preparation for sale. BOARD / COMMISSION RECOMMENDATION: IN/A ATTACHMENTS: !Street Vacation Exhibit C. Site Plan 3. Resolution RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING A RECENTLY VACATED STREET RIGHT-OF-WAY, LOCATED ON G AVENUE SOUTH OF 24T" STREET, TO BE SURPLUS PROPERTY AND DIRECTING STAFF TO PROCEED UNDER COUNCIL POLICY 901 FOR THE EVENTUAL SALE OF THE PROERTY WHEREAS, On December 18, 2012, the City Council ordered the vacation of the northerly 194 feet of the easterly 15 feet of "G" Avenue in association with the construction of a proposed Social Security Administration office; and WHEREAS, the City owns the street that was vacated by City Council action on December 18th; and WHEREAS, the vacated area would allow for the expansion of the proposed parking lot serving the proposed Social Security Administration Office so that it can accommodate emergency vehicle access and increased parking for customers; and WHEREAS, in order to construct improvements upon this property the developer for the new Social Security Office desires to purchase the City owned property so that improvements can be constructed upon the property; and WHEREAS, the property does not meet minimum design standards for a buildable lot, and is a separate parcel immediately surrounded by parking and road uses. The property is not identified in the General Plan or other plans as being needed for any City development or improvement projects, and would of greater benefit to an adjacent property now it is no longer right- of-way. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the vacated street right-of-way described as the northerly 194 feet of the easterly 15 feet of "G" Avenue is determined to be no longer necessary for City use, that said remnant parcel is declared to be surplus, and that the City Engineer is directed to dispose of said remnant parcel in accordance with City Council policy. PASSED and ADOPTED this 19th day of February, 2013. ATTEST: Ron Morrison, Mayor Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney a l©UT II 0 11© .MIMEMm. APN 562-072-01 47 _L 1_ 194.00' 2 40' 33' C5 AVENUE re) a ''4111141411t 1:3 0 1 T so LU T Nt& yvkaws1Nar (12) COMPACT PARKING SPACES (21%) L PARKING REQUIREMENTS FIRST 5.000.5F 120054' 25 SPACES 5,000 - 10,0005F 12505F 20 SPACES 10,000 - 20,00(ISF 13008F 2,540 08F/300 • 8 SPACES GENERAL INFORMATION: PROJECT DESCRIPTION 12,540 OSF OFFICE BUILDING 1E004 RSF OFFICE BUILDING 11,804 USF OFFICE BUILDING TOTAI. REQUIRED PARKING 53 SPACES PROJECT LOCATION: TOO EMT 24T11 STREET TOTAL PARKING PROVIDED 58 SPACES NATIONAL CITY, CALWORNIA 20I4MO MEC-1 EXISTING PARCEL NUMBER HEIGHT LIMIT 501 502-072-01-00 manzralt 109f OFFICE BUILDING 12,540 GSF /271/2222222227/27- ADJACENT APARTMENT 111.1•1• • OA 11111g4 /11PARiMEN1 P+114 ADJACENT APARTMENT ADJACENT APARTMENT 1 ENO - 15'er j samba NE) PRELIMINARY NOT FOR CONSTRUCTION 1205.2012 SSA NATIONAL CITY CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 19, 2013 AGENDA ITEM NO. 8 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to enter into an Agreement with the National School District for partial funding of the School Resource Officer Program. The City of National City will be reimbursed $61,917.00 by the National School District for Fiscal Year 2012-2013 School Resource Officer Police Services PREPARED BY: Lt. Keith Fifield DEPARTMENT: Police PHONE: (619) 336-4514 X APPROVED BY: EXPLANATION: The National City Police Department currently assigns two police officers as School Resource Officers (SRO) to provide police services to the Sweetwater Union High School District and the National School District. School Resource Officers provide specialized campus security and general law enforcement services to the public schools located in National City. The salaries and benefits for the police officers are funded by a joint funding agreement between the Sweetwater Union High School District, National School District, and the City of National City. The proposed Agreement with the National School District would be effective and retroactive from July 1, 2012 through June 30, 2013. Approval of the resolution would authorize the Mayor to enter into an Agreement with the National School District to provide two School Resource Officers and share costs. Under the Agreement the SUHD will pay $80,000 as its share, the National School District will pay $61,917as its share. Essentially the two School Districts will be funding the full pay and benefits of one officer and the City will pay the full cost of the second officer. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: MIS 001-11107-3467 National School District - $61,917.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: `0/64 Finance STAFF RECOMMENDATION: Approve the Resolution; BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Agreement between the City of National City and the National School District Exhibit "A" Scope of Services RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE NATIONAL SCHOOL DISTRICT FOR PARTIAL FUNDING OF THE SCHOOL RESOURCE OFFICER PROGRAM, WITH A TOTAL REIMBURSEMENT TO THE CITY OF $61,917 WHEREAS, the City of National City recognizes that ensuring the safety of students and staff on school campuses in National City is a priority; and WHEREAS, the City believes that school campus security is enhanced by the presence of police officers, and that police officers on campus improve relations between the police and youth in the community; and WHEREAS, the City Council, through the National City Police Department, wishes to work together with the National School District to maintain police on campuses with the School Resource Officers Program; and WHEREAS, the costs of such programs include salary, benefits, materials, and supplies; and WHEREAS, the National School District will reimburse the City of National City $61,917 for Police School Resource Officer Services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Agreement between the City of National City and the National School District for the School Resource Officers Program. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of February, 2013. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NATIONAL SCHOOL DISTRICT This AGREEMENT is entered into this 1st day of July, 2012, by and between the CITY OF NATIONAL CITY, a municipal corporation (hereinafter the "CITY") and the NATIONAL SCHOOL DISTRICT, a public entity and school district (hereinafter the "DISTRICT"). RECITALS WHEREAS, the CITY and the DISTRICT desire to provide a safe, secure, and orderly teaching and learning environment for all students and staff within the NATIONAL School District and the City of National City by protecting life and property. WHEREAS, the CITY and the DISTRICT have decided to undertake responsibilities and expectations to achieve mutual goals and objectives to protect the teaching and learning environment. WHEREAS, the CITY and the DISTRICT agree to work together to provide the presence of a police officer, based on availability as determined by the CITY, on campus to help maintain a secure environment in and around the schools. NOW, THEREFORE, THE PARTIRS HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. SCOPE OF SERVICES: The CITY and the DISTRICT agree to perform the services set forth as attached in the SCOPE OF SERVICES, attached as Exhibit A hereto, in accordance with all terms and conditions contained herein. 2. PROJECT COORDINATION AND SUPERVISION: The Community Services Sergeant is hereby designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The DISTRICT shall assign a Project Liaison to provide supervision and have overall responsibility for the progress and execution of this Agreement for the DISTRICT. The Director of Student Support thereby is designated as the Project Liaison for the DISTRICT. 3. COMPENSATION AND PAYMENT: The compensation from the DISTRICT to the CITY shall be sixty-one thousand nine hundred seventeen dollars ($61,917), as set forth in Exhibit "A", a flat fee for one year of service, due upon execution of the agreement. 4. ACCEPTABILITY OF WORK: In the event the DISTRICT is not satisfied as to the to the quality or acceptability of the work or the manner of performance, the DISTRICT shall give to the CITY written notice of such. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement. 5. EFFECTIVE DATE AND LENGTH OF AGREEMENT: This Agreement is effective on July 1, 2012 through June 30, 2013. The duration of this Agreement is for the period of July 1, 2012 through June 30, 2013. The parties may, by written mutual agreement signed by both parties, renew this agreement for up to 3 consecutive 1 year terms. 6. CONTROL: Neither the DISTRICT nor its officers, agents, or employees shall have any control over the conduct of the CITY or any of the CITY's employees, except as herein set forth, and the CITY's or the CITY's agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, DISTRICT, it being understood that the CITY, its agents, servants, and employees are wholly independent. 7. NON-DISCRIMINATION PROVISIONS: The DISTRICT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. 8. CONFIDENTIAL INFORMATION: The CITY may from time to time communicate to the DISTRICT certain confidential information. The DISTRICT shall treat all such information as confidential and shall not disclose any pert thereof without the prior written consent of the CITY. The DISTRICT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 11, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the DISTRICT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession the DISTRICT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the DISTRICT by a third party, but only to the extent that the use of disclosure thereof has been or is rightfully authorized by that third party. DISTRICT shall be liable to the CITY of any damages caused by breach of this agreement. 9. INDEMNIFICATION AND HOLD HARMLESS: The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that Occurred during the term of this Agreement. The DISTRICT agrees to defend, indemnify and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suites, actions, proceedings, reasonable attorneys' fees and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the DISTRICT's performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence of willful misconduct of the City, its agents, officers, or employees. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 2012-2013 Agreement 2 National School District City of National City 10. WORKERS' COMPENSATION: The DISTRICT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attomey's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CITY under this Agreement. 11. LEGAL FEES: If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. Jurisdiction shall be Superior Court, San Diego County. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 12. MEDIATION/ARBITRATION: If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation, shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be fmal and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses on any part thereof against a specified party as part of the arbitration award. 13. TERMINATION: A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 90-day's written notice to the DISTRICT. During said 90-day period, the DISTRICT shall perform all services in accordance with this Agreement. 2012-2013 Agreement 3 National School District City of National City B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the DISTRICT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the DISTRICT as provided for herein. 14. NOTICES: All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days, (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Ron Morrison, Mayor City of National City City of National City 1243 National City Boulevard National City, CA 91950-4301 To DISTRICT: Director of Student Services National School District 1500 N Avenue National City, CA 91950 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 15. MISCELLANEOUS PROVISIONS: A. Computation of Time Periods: If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts: This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions: Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this 2012-2013 Agreement 4 National School District City of National City Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties: Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules: The exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement: The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver: The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. San Diego Superior Court, Southbay Division, or U.S. District Court, Southern District shall be the jurisdiction. I. Audit: If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after the final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement: This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Construction: The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. M. No Inducement: Each of the Parties to this Agreement acknowledges for itself that it has read this Agreement and fully understands its contents and consequences and has voluntarily executed it. Each of the parties also warrants that no promise or inducement has been made or offered by any of the Parties, except as set forth herein, and that this Agreement is not executed in reliance upon any statement of representation of any of the parties or their representatives, concerning the nature and extent of the injuries, damages or legal liability thereof. The parties further represent that they have been represented by legal counsel during the course of the negotiations leading to the signing of this Agreement, and that they have been advised by legal counsel with respect to the meaning of this Agreement and its legal affect. N. Severance: If any court of competent jurisdiction declares or determines that nay provision in this Agreement is illegal, invalid or unenforceable, the legality, validity, 2012-2013 Agreement 5 National School District City of National City and enforceability of the remaining parts, terms and provisions, will not be affected. The provision found illegal, unenforceable, or invalid shall be deemed not a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY NATIONAL SCHOOL DISTRICT By: By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 2012-2013 Agreement Chris Oram, Ed.D. Superintendent 6 National School District City of National City EXHIBIT A SCOPE OF SERVICES AND PAYMENT 1VIISSION STATEMENT: It is the mission of the National School District in concert with the National City Police Department to provide a safe, secure, orderly teaching and learning environment for all students and staff within the National School District and the City of National City by protecting life and property. Ensuring the safety of students and staff on school campuses and deterring gangs, drug abuse, criminal acts and traffic violations in National City are priorities to both the National School District and the National City Police Department. Both the National School District and the National City Police Department believe that campus security is enhanced by the presence of police officers and that police officers on campus also help improve relations between the Police Department and youth in our community. The National School District and the National City Police Department agree to work together to provide the presence of a police officer, based on availability as determined by the CITY, on campus to help maintain a secure environment in and around our schools. To this end and following are specific agreements between the National School District and the City of National City: ROLL OF THE NATIONAL SCHOOL DISTRICT: The National School District agrees to: 1. Coordinate scheduling with the School Resource Officer and the assigned police department supervisor. 2. Schedule orientation time for classroom teachers. 3. Schedule parent meetings as needed. 4. Provide adequate space for the School Resource Officers to carry out non - classroom duties. 5. Provide regular feedback to the law enforcement agency concerning the performance of the School Resource Officer. 6. Permit the School Resource Officer access to the playground and cafeteria to allow for informal interaction with the students. 7. Provide audiovisual equipment for social skills/conflict resolution instruction, drug education and other law enforcement related educational presentations. 8. Report all criminal activity occurring on or about school campuses and all criminal activity involving students to the National City Police Department. City of National City and 1 Scope of Services National School District EXHIBIT A 9. Develop procedures to handle campus safety issues. 10. To establish and follow procedures for referring police involvement. 11. Abstain from calling upon the School Resource Officer for enforcement duties while they are involved in classroom presentations except in emergencies. 12. The National School District will remit $61,917 payable to the National City Police Department Personnel Services Account, to offset costs of the School Resource Officer. This money is equal to 50% of the salary and benefits for one National City Police Officer at E-Step for one year. The total amount will be paid by January 31, 2013. 13. Coordinate with the Police Department, other public and private agencies, community and civic groups to develop a community partnership in support of crime reduction, traffic safety and other police programs. ROLE OF THE NATIONAL CITY POLICE DEPARTMENT: To the extent that staffing is available, at the sole discretion of the Chief of Police, The National City Police Department will provide the following services: 1. Assign a uniformed police officer as the School Resource Officer ("SRO"). 2. Assign the School Resource Officer to Liaison with the school campuses of the National School District with the purpose of being engaged in the following duties: • Training for teachers and other school staff on law enforcement and campus security issues as requested. • Serving as a member of the National School District Student Attendance Review Board (S.A.R.B.). • General law enforcement duties focusing on: Safety of students and staff on campus Gang related violence and crime Campus intrusion Loss and/or damage to property Weapons on campus Alcohol and drugs on campus Truancy Traffic Safety City of National City and 2 Scope of Services National School District EXHIBIT A 3. Ensure that the officer assigned as the School Resource Officer receive all required training and any additional training deemed beneficial to their tasks. 4. Designate a member of the police staff to regularly meet with the school district staff to evaluate program needs as requested. 5. The School Resource Officer will be afforded ample time to engage in informal interaction with the students. 6. Abstain from having the School Resource Officer perform enforcement duties during time scheduled for classroom presentations, except in cases of urgency determined by the Chief of Police or his designee. 7. Pay salary and benefits for the police officer assigned as the School Resource Officer as agreed upon. Although the schools when extent that staff following: SRO has a campus -based philosophy, the SRO is still required to respond to other dispatched. In addition to investigating school related crime and incidents. To the • Attend the National School District SARB Hearings at NCPD • Conduct home visits with administrators or the NSD Truancy Officer. • Issue citations to parents for violation of the SARB contract. • Coordinate, train and inspect individual Student Safety Patrols as requested. • Provide parent education/presentations to parent groups as requested. • Attend meetings and facilitate participation for the Teddy Bear Drive. • As available, provide education as it relates to criminal law, and Drug Awareness to middle and high school students as requested. • Teach narcotics awareness at PTA's and students as requested. • Facilitate NCPD participation and pin sales for Shop with a Cop event. • Facilitate the Padre Law Enforcement Day Program for NCPD, City employees. • Inspect and approve individual school safety plans for elementary and secondary schools. • Attend site -based SARB meetings as requested. • Participate in the NCPD 290 (Sex Crime Registrant) Compliance Inspections. City of National City and 3 Scope of Services National School District EXHIBIT A • Conduct juvenile warrant sweeps. • Assist SD County Probation Officers with compliance checks and home visits generally within the boundaries of the City of National City of National City. • Attend various school events and fairs as requested, with any overtime needed to be paid for by the District. • Enforce SD County Daytime Loitering within City limits. • Attend school based disciplinary hearings and intervention programs. • Participate in multi -agency Truancy/Daytime Loitering Sweeps within City limits. City of National City and 4 Scope of Services National School District EXHIBIT A CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 19, 2013 AGENDA ITEM NO. 9 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to enter into an Agreement with the Sweetwater Union High School District for partial funding of the School Resource Officer Program. The City of National City will be reimbursed $80,000.00 by the Sweetwater Union High School District for Fiscal Year 2012 -2013 School Resource Officer Police Services. PREPARED BY: Lt. Keith Fifield DEPARTMENT: Police PHONE: 1(619) 336-4514 ,APPROVED BY: EXPLANATION: The National City Police Department currently assigns two police officers as School Resource Officers (SRO) as their primary duties to provide police services to the Sweetwater Union High School District and the National School District. School Resource Officers provide specialized campus security and general law enforcement services to the public schools located in National City. The salaries and benefits for the police officers are funded by a joint agreement between the Sweetwater Union High School District, National School District, and the City of National City. The proposed Agreement with the Sweetwater Union High School District would be effective and retroactive from July 1, 2012 through June 30, 2013. Approval of the resolution would authorize the Mayor to enter into an Agreement with the Sweetwater Union High School District to provide two School Resource Officers and share costs. Under the Agreement the SUHD will pay $80,000 as its share, the National School District will pay $61,917as its share. Essentially the two School Districts will be funding the full pay and benefits of one )fficer and the City will pay the full cost of the second officer. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. i APPROVED: 001-11108-3467 Sweetwater Union High School District - $80,000.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: ,Approve the Resolution! BOARD / COMMISSION RECOMMENDATION: N/a ATTACHMENTS: Agreement between the City of National City and the Sweetwater Union High School District Exhibit "A" Scope of Services RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR PARTIAL FUNDING OF THE SCHOOL RESOURCE OFFICER PROGRAM, WITH A TOTAL REIMBURSEMENT TO THE CITY OF $80,000 WHEREAS, the City of National City recognizes that ensuring the safety of students and staff on school campuses in National City is a priority; and WHEREAS, the City believes that school campus security is enhanced by the presence of police officers, and that police officers on campus improve relations between the police and youth in the community; and WHEREAS, the City Council, through the National City Police Department, wishes to work together with the Sweetwater Union High School District to maintain police on campuses with the School Resource Officers program; and WHEREAS, the costs of such programs include salary, benefits, materials, and supplies; and WHEREAS, the Sweetwater Union High School District will reimburse the City of National City $80,000 for Police School Resource Officer Services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Agreement between the City of National City and the Sweetwater Union High School District for the School Resource Officers Program. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of February, 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SWEETWATER UNION HIGH SCHOOL DISTRICT THIS AGREEMENT is entered into this 1St day of July, 2012, by and between the CITY OF NATIONAL CITY, a municipal corporation (hereinafter the "CITY") and the SWEETWATER UNION HIGH SCHOOL DISTRICT, a public entity and school district (hereinafter the "DISTRICT"). RECITALS WHEREAS, the CITY and the DISTRICT desire to provide a safe, secure, and orderly teaching and learning environment for all students and staff within Sweetwater Union High School District and the City of National City by protecting life and property. WHEREAS, the CITY and the DISTRICT have decided to undertake responsibilities and expectations to achieve mutual goals and objectives to protect the teaching and learning environment. WHEREAS, the CITY and the DISTRICT agree to work together to provide the presence of a police officer, that is selected and designated as a School Resource Officer and primarily assigned to District campuses, to help maintain a secure environment in and around the schools. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. SCOPE OF SERVICES: The CITY and the DISTRICT agree to perform the services set forth as attached in the SCOPE OF SERVICES, attached as Exhibit A hereto, in accordance with all terms and conditions contained herein. 2. PROJECT COORDINATION AND SUPERVISION: The Community Services Sergeant (Currently Sgt. Alejandro Hernandez) is hereby designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The DISTRICT shall assign a Project Liaison to provide supervision and have overall responsibility for the progress and execution of this Agreement for the DISTRICT. Director of Student Support Services (Currently Mercedes Lopez) thereby is designated as the Project Liaison for the DISTRICT. 3. COMPENSATION AND PAYMENT: The compensation from the DISTRICT to the CITY shall be eighty thousand dollars ($80,000), a flat fee for one year of service, due upon invoicing will pay the City of National City, the agreed amount of $80,000, due March 31, 2013. If the Agreement is canceled as herein permitted, the City shall return forthwith to the District, the portion of such payment pro -rated at $6600 monthly to the period of the term subsequent to the effective date of cancellation. 2012-2013 Agreement 1 Sweetwater Union High School District City of National City 4. ACCEPTABILITY OF WORK: In the event the DISTRICT is not satisfied as to the quality or acceptability of the work or the manner of performance, the DISTRICT shall give to the CITY written notice of such. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement. 5. EFFECTIVE DATE AND LENGTH OF AGREEMENT: This Agreement is effective on July 1, 2012 through June 30, 2013. The duration of this Agreement is for the period of July 1, 2012 through June 30, 2013. 6. CONTROL: Neither the DISTRICT nor its officers, agents, or employees shall have any control over the conduct of the CITY or any of the CITY's employees, except as herein set forth, and the CITY's or the CITY's agents, servants, or employees are not in any manner agents, servants, or employees of the, DISTRICT, it being understood that the CITY, its agents, servants, and employees are wholly independent. 7. NON-DISCRIMINATION PROVISIONS: Neither the City nor the DISTRICT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. 8. CONFIDENTIAL INFORMATION: The CITY may from time to time communicate to the DISTRICT certain confidential information. The DISTRICT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The DISTRICT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 11, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the DISTRICT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession the DISTRICT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the DISTRICT by a third party, but only to the extent that the use of disclosure thereof has been or is rightfully authorized by that third party. DISTRICT shall be liable to the CITY of any damages caused by breach of this agreement. 9. INDEMNIFICATION AND HOLD HARMLESS: The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. The DISTRICT agrees to defend, indemnify and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suites, actions, proceedings, reasonable attorneys' fees and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the DISTRICT's performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the 2012-2013 Agreement 2 Sweetwater Union High School District City of National City established sole negligence of willful misconduct of the City, its agents, officers, or employees. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 10. WORKERS' COMPENSATION: The DISTRICT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CITY under this Agreement. 11. LEGAL FEES: If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. Jurisdiction shall be Superior Court, San Diego County. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 12. MEDIATION/ARBITRATION: If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be bome equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation, shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses on any part thereof against a specified party as part of the arbitration award. 2012-2013 Agreement 3 Sweetwater Union High School District City of National City 13. TERMINATION: A. This Agreement may be terminated with or without cause by either party. Termination without cause shall be effective only upon 90-day's written notice. During said 90- day period, both parties shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the DISTRICT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination as provided for herein. If terminated, compensation for police services will be pro -rated at $6600 monthly during the 90 day period. 14. NOTICES: All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days, (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Mayor Ron Morrison City of National City City of National City 1243 National City Boulevard National City, CA 91950-4301 To DISTRICT: Mercedes Lopez Director of Student Support Services Sweetwater Union High School District 1130 Fifth Avenue Chula Vista, CA 91911-2896 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 15. MISCELLANEOUS PROVISIONS: A. Computation of Time Periods: If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date 2012-2013 Agreement 4 Sweetwater Union High School District City of National City shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts: This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions: Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties: Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules: The exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement: The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver: The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. San Diego Superior Court, Southbay Division, or U.S. District Court, Southern District shall be the jurisdiction. I. Audit: If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after the final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement.: This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Construction: The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. M. No Inducement: Each of the Parties to this Agreement acknowledges for itself that it has read this Agreement and fully understands its contents and consequences and has voluntarily executed it. Each of the parties also warrants that no promise or inducement has been made or offered by any of the Parties, except as set forth herein, and that this Agreement is not 2012-2013 Agreement 5 Sweetwater Union High School District • City of National City executed in reliance upon any statement of representation of any of the parties or their representatives, concerning the nature and extent of the injuries, damages or legal liability thereof. The parties further represent that they have been represented by legal counsel during the course of the negotiations leading to the signing of this Agreement, and that they have been advised by legal counsel with respect to the meaning of this Agreement and its legal affect. N. Severance: If any court of competent jurisdiction declares or determines that nay provision in this Agreement is illegal, invalid or unenforceable, the legality, validity, and enforceability of the remaining parts, terms and provisions, will not be affected. The provision found illegal, unenforceable, or invalid shall be deemed not a part of this Agreement. O. No Independent Basis for Liability: Nothing herein shall create, by this or other Understanding between the parties, an independent basis for liability of the City to either the District or to a third party for failing to respond or for responding to a call for police services in a dilatory or negligent manner. The City's Liability, if any it may have, shall be that as determined by law without regard to the existence of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY SWEETWATER UNION HIGH SCHOOL DISTRICT By: By: Ron Morrison, Mayor Dr. Edward M. Brand Superintendent By: �..s‘+t',¢� Richard J. KnotY APPROVED AS TO FORM: Chief Financial Officer Claudia Gacitua Silva City Attorney 2012-2013 Agreement 6 Sweetwater Union High School District City of National City EXHIBIT "A" SCOPE OF SERVICES MISSION STATEMENT: It is the mission of the Sweetwater Union High School District in concert with the National City Police Department to provide a safe, secure, orderly teaching and learning environment for all students and staff within the Sweetwater Union High School District and the City of National City by protecting life and property. Ensuring the safety of students and staff on school campuses in National City is a priority to the school administration and the Police Department. Campus security will be increased by the presence of police officers who will interact with the students in both a positive and proactive manner. Police officers on campus will help improve relations between the Police Department and the youth of the community. Police officer availability shall be determined at the sole discretion of the Chief of Police of the National City Police Department. As a result, the Sweetwater union High School District and the City of National City Police Department agree to undertake the following responsibilities and expectations to achieve these mutual objectives: A. SCHOOL DISTRICT'S ROLE AND RESPONSIBILITY: 1. Ensure student welfare portal to portal; 2. Develop procedures to handle campus safety issues; 3. Establish and follow procedures for referring School Resource Officer involvement; and 4. Cooperate with and support in a proactive manner with the City of National City Police Department School Resource Officers' efforts to work with students, school personnel, parents and the community. B. SCHOOL RESOURCE OFFICERS' ROLE AND RESPONSIBILITY (the following is subject to staffing availability as determined at the sole discretion of the Chief of Police of the National City Police Department): 1. To provide prevention/intervention by: a. Providing a visible uniform police officer presence on the campuses of the Sweetwater Union High School District located in National City. b. Developing classroom and faculty presentations related to the youth and the law when requested. c. Attending parent conferences/meetings as available. d. Attending Student Attendance Review Board (S.A.R.B.) meetings. e. Scheduling security activities as needed. f. Respond to all law enforcement related matters as they occur during regular school hours when available. 2012-2013 Agreement 7 Sweetwater Union High School District City of National City g. Attend various sporting events and school activities as needed for proactive enforcement and interaction. Any overtime that is required for any events, activities, meetings, etc, will be paid for by the District per the MOU. 2. To continue to work with: a. Community agencies; and b. Parent/teacher groups as needed throughout the affected schools. 3. Liaison with National City Police Department personnel who are investigating criminal investigations or criminal activity within the affected schools. 4. Continue to work with school staff and District personnel in matters of mutual concern such as: a. Education b. Prevention and intervention in the areas of alcohol and drug use on campus c. Safety of students and staff on campus d. Gang -related violence and crime e. Campus intrusion, and.loss and/or damage to property C. TIME FRAME: This Memorandum of Understanding shall remain in effect for 12 months commencing July 1, 2012 and ending June 30, 2013. Either party shall have the right to cancel this Memorandum of Understanding upon 90 days advance written notice during the term of this Agreement. D. SPAN OF CONTROL/JURISDICTION: Prevention/ education/ training/ proactive activities will take place at Sweetwater High School, Granger Junior High School, and National City Middle School located in the City of National City. The officers will remain under the direction and control of the National City Police Department. E. RESOURCE: Resource and local management will be coordinated at: Richard J. Knott, Chief Financial Officer Sweetwater Union High School District 1130 Fifth Avenue Chula Vista, CA 91911 (619) 585-6265 Chief Adolfo Gonzales National City Police Department 1200 National City Boulevard National City, CA 91950 2012-2013 Agreement 8 Sweetwater Union High School District City of National City F. COST: One (1) officer will be funded jointly by the National City School District and the Sweetwater Union High School District and one (1) officer will be funded by City of National City Police Department. The Sweetwater Union High School District will contribute to this effort, an amount not to exceed $80,000. This Memorandum of Understanding will be effective July 1, 2012. Upon execution of this Memorandum the Sweetwater Union High School District, upon invoicing will pay the City of National City, the agreed amount of $80,000, due March 31, 2013. If the Agreement is canceled as herein permitted, the City shall return forthwith to the District, the portion of such payment tiro -rated at $6600 monthly to the period of the term subsequent to the effective date of cancellation. 2012-2013 Agreement 9 Sweetwater Union High School District City of National City CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT 1 MEETING DATE: February 19, 2013 AGENDA ITEM NO. 10 ITEM TITLE: Resolution of the City Council of the City of National City ratifying the acceptance of an augmentation to the California Library Literacy Services(CLLS) grant FY 2012-13 in the amount of $3,537, increasing the total amount of the grant from $43,410 to $46,947. PREPARED BY: ,Gloria Olivares DEPARTMENT: Library PHONE: 470-5800 APPROVED BY: EXPLANATION: To support Literacy Services, the State Library had awarded the library in August 27, 2012 the CLLS grant in the amount of $43,410 for FY 2012-13. The grant was ratified by the City Council on September 18, 2012. This increase of $3,537 is a one-time augmentation based on the number of learners the library served in 2011-12. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. 320-431-337 APPROVED: ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approval recommended. BOARD / COMMISSION RECOMMENDATION: Approved by the Library Board of Trustees on February 11, 2013. ATTACHMENTS: ward augmentation letter Claim form RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING THE ACCEPTANCE OF AN AUGMENTATION TO THE CALIFORNIA LIBRARY LITERACY GRANT FISCAL YEAR 2012-2013 IN THE AMOUNT OF $3,537, INCREASING THE TOTAL AMOUNT OF THE GRANT FROM $43,410 TO $46,947 WHEREAS, on August 27, 2012, the National City Public Library was awarded a California Literacy Services ("CLLS") literacy award for Fiscal Year 2012-2013 in the amount of $43,410, which is used to fund adult literacy services, a Families for Literacy program, and an English Language Literacy Intensive program; and WHEREAS, the Library Board of Trustees approved the acceptance of a one- time augmentation to the CLLS grant amount, which is based on the number of learners the Library served in Fiscal Year 2011-2012. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby ratify the acceptance of an augmentation to the California Library Literacy Services award grant in the amount of $3,537, to bring the total grant amount to $46,947 to fund the Library's literacy services for Fiscal Year 2012-2013. PASSED and ADOPTED this 19th day of February, 2013. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 2 (:alr/ i mad STATE 'IBRARY PRt 511.M. Oi'R H [RI t(n.f_ Winn.: UL'R fu1ORI January 17, 2013 National City Public Library Minh Duong Via Email: minh.duong(a,nationalcitvlibrary.org Dear, Ms. Duong: Happy New Year! I am writing to tell you that two libraries unfortunately have had to eliminate their literacy programs, leaving some additional funds to be distributed. Because your library has been significantly impacted by the current funding crisis, you are eligible to receive some of these funds. The amount we would like to award you as a one-time augmentation is $3,537. This amount was based on the number of adult learners you served in 2011/12. Funds available were pro -rated based on total adults served by eligible programs. Here's what we need you to do now: 1. Sign and return the attached Claim Form for the one-time augmentation amount. You should receive the funds within six weeks of submitting your claim form. All of these funds must be expended or encumbered by June 30, 2013. If you feel that you will be unable to spend or encumber some or all of these funds by that deadline, please let us know immediately, so that we can distribute them to another program in need. 2. This additional funding will require a revision of your current 2012/13 revised budget. We have attached a form which includes the one-time only amount in a special line on the "Revised Revenue" form (just under "California Library Literacy Services"). Please add those dollars to your budget by showing where they will be expended on the "Revised Budget" form, and return both forms to andrea.freelandAlibrary.ca.gov. We won't act on your claim form until this revised budget is received. 3. Your application for the 2013/14 fiscal year will be due in May. My staff will notify you by e-mail when to submit it. 4. While we usually ask you to report twice each fiscal year — we are eliminating the mid- year report this year (usually due in February). You will provide a final report of service and volunteer statistics, budget expenditures and roles and goals on the complete 2012/13 fiscal year in August. 916.653.5217 phone 916.653.8443 fax www.library.ca.gov Library Development Services Bureau P. O. Box 942837 Sacramento, CA 94237-0001 900 N Street, 4th Floor, Sacramento, CA 95814 3 Should you have any additional questions regarding the funding and/or reporting process, please contact: Carla Lehn at (916) 653-7743 or carla.lehn@librarv.ca.20V. Thank you for the work your library does on behalf of the people in your community who need these important literacy services. Respectfully yours, 41 fr-5 Gerry Maginnity, Acting State Librarian of California cc: Literacy Coordinator, Melissa Solis, melissa.solis(a nationalcitylibrarv.org Enc.: Claim Form Revised Budget Form 916.653.5217 phone 916.653.8443fax www.library.ca.gov Library Development Services Bureau P. O. Box 942837 Sacramento, CA 94237-0001 900 N Street, 4th Floor, Sacramento, CA 95814 National City Library 4 CLAIM FORM California Library Literacy and English Acquisition Services Program (CLLS) FY 2012/2013 California Education Code; Sections 18880-18884 •CSL Budget Item 6120-213-0001 The National City Library claims the indicated allowance for the purposes of carrying out the functions stated in its CLLS application and in Sections 18880-18884 of the California Education Code. I hereby certify under penalty of perjury: that the library named above shall use their allowance solely for the .urpo es indicated in their CLLS application and in Sections 18880-18884 of the California Educatio Co e. Minh Duong Typed Name of Signatory CLAIM FOR PAYMEIJTO P RANT Claim of National City Public Li brary Name of Authorized Library Address 1401 National City Blvd., National City CA 91950 Amount Claimed: $3,537 CERTIFICATION Date 1 /2R/201 3 I hereby certify under penalty of perjury: that I am the duly authorized officer of the claimant herein; that the claim is in all true, correct and in accordance with law and that payment has not previously been received '• r t = amount claimed herein. By City Librarian Offi 'presentative of FAgent (Signature Required) Title Note: Warrant to be iss d for yment to the library to be addressed to: National City Public Library (Authorized agency to receive, disburse and account for CLLS funds) 1401 National City Blvd., National City CA 91950 Mail to: California State Library, Fiscal/Local Assistance P.O. Box 942837 Sacramento, CA 94237-0001 (Address of above agency) Approval by State: State Library Local Aselstance Of ice Use Only • California LibrarytferacyfServicet CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 19, 2013 AGENDA ITEM NO. ',11 ITEM TITLE: National City Sales Tax Update — Third Quarter 2012 PREPARED BY: Mark Roberts, Director of Finance DEPARTMENT: Finance_ dmini�stratti,ive Services PHONE: 619-336-4265 APPROVED BY: Gti�1L''- EXPLANATION: BACKGROUND National City has an on -going contract with Hinderliter, de Llamas & Associates (HdL) for revenue management. Staff meets with a representative of HdL on a quarterly basis to review sales tax data and trends within the City and Statewide. NEWSLETTER SUMMARY Receipts for National City's third quarter sales were 21.9% higher than the same quarter one year ago. However payment anomalies inflated the results. Actual sales activity was up 12.4% after factoring out the aberrations. Autos and transportation, general consumer goods, restaurants, and grocery stores posted higher receipts. The city's transactions tax generated an additional $2,264,410, a 0.2% decrease compared to the same quarter last year. After adjusted for aberrations, all of San Diego County was up 5.7% over the comparable time period; while Southem California region as a whole was up 6.7%. The attached Newsletter provides additional detail on the economic front. This newsletter is also available on the City's Nebsite. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: 1444; Finance APPROVED: MIS STAFF RECOMMENDATION: Accept and file the newsletter BOARD / COMMISSION RECOMMENDATION: hv/a ATTACHMENTS: National City Sales Tax Update Newsletter — Third Quarter 2012. National City In Brief ational City Sales Tax Update Font b2MarmRmaafir Ulm/ ( Nader Sate wb-S4dembr2012) SALES TAX BY MAJOR BUSINESS GROUP Autos and Transportation General Consumer Gods 11 • • Restaurants and Hotels TOP 25 PRODUCERS Arco AM PM Ball Honda Acura Mitsubishi Suzuki Frank Hyundai Frank Subaru Frank Toyota Scion Highland Arco JC Penney Macys McCune Motors Mor Furniture 4 Less Mossy hissan Nordstrom Rack One Source Distributors Perry Ford Probulld Company Ron Baker Chevrolet Ross South Bay Volkswagen Target Tesoro Reining & Marketing Univar Withers Distributors Walmart Wescott Mazda Westslde Building Material Fuel and Service Stations Business and Industry .3rd Quarter 2011 3ed Quarter 2012 Food and Drugs Building and Construction REVENUE COMPARISON Two Quarters— Fiscal Year To Date Point -al -Sale Cotmby Pool Stab Pool 2011-12 2012-13 $5,673,614 S6,450,617 645,465 735,187 399 2,061 Grose Receipts 36,319,479 37,187,865 Loss Triple Flip' S(1.579,370) S(1,796,966) Gross Trans. Tax $4,476,201 S4,442,303 •Reimbursed born roaefl cnmpsruahoa find Pubished by MC Companies In Winter 2013 Hdi3 www dcompanies.com { 888.881.0220 COMPANIES Q3 20l? National City Sales Tax Update Statewide Results Gains in all seven of HdL's key eco- nomic groupings confirm that Cali- fornia's economy continues to mend. Statewide local sales and use tax rev- enues from transactions occurring July through September 2012 were 6.0% higher than the same quarter in 2011 after onetime accounting and report- ing aberrations are factored out The continued strong demand for new autos exceeded analysts' expectations and generated about one-fourth of the adjusted statewide increase- Res- taurant sales posted another strong quarter with receipts 6.6% higher than the same period one year ago. Use tax from the development of solar ener- gy projects and a modest ic..ovc.y in some categories of buckling and con- struction materials also contributed to the rise. Overall sales growth was tempered by a leveling in fuel prices compared to the previous year's quarter and by a slowdown in business spending in the Silicon Valley. The Year Ahead Gains in sales and use tax receipts from the first half of 2013 are expected to be lower than previous quarters. Re- covery from "fiscal cliff" uncertainties and its final outcome may take several months while Europe's financial woes and China's sluggish growth will tem- per California export activity. Fuel prices should stabilize and not gener- ate the huge bubbles in tax revenues experienced in previous quarters. The last half of the year's predicted to resume steady, moderate growth. In November, the state's unemployment rate had already dipped to 9.8 percent, the lowest since the recession began. The recent gains are becoming more widespread among job categories and even include an increase in construc- tion -related employment The state's housing market is strength- ening with fewer distressed transac- tions and record low inventories. The median sales price of homes has in- creased for the last eight consecutive months of the year and building ac- tivity, particularly in the coastal areas, is expected to pick up steam in 2013. Elevated foreclosure rates in some in- land regions may delay building recov- ery for another year or two. Pent-up demand, record low inter- est rates and easing credit availability have led to robust sales of new auto- mobiles. That demand is expected to continue for another few quarters as consumers replace older, less fuel ef- ficient models and take advantage of lease and financing incentives being offered by manufacturers. Wage gains from new hiring, combined with lower fuel prices and an improv- ing housing market are incrementally boosting consumer confidence but much depends on government stew- ardship of the recovery. Tax increases and reduced benefits could shrink spending at the lower income levels while overly deep cutbacks in gov- ernment contracts and infrastructure improvements could discourage new business investment s i'I It C 11'i l S $8,000 $4,003 i2.000 03 03 09 10 National City CoUnty Caltal8a NATIONAL CITY TO , 15 liusirEss Tv Pt:s Rumness Type Auto Lease Depast entStores Discount Dept Sbras FJectror4es A pliance Stores Famly Apparel Heavy Induce LumbedBuldIng Materials New Motor Vehicle Dealers Restaurants Liquor Restaurants No Alcohol Service Stations Shoe Stores Specialty Stores Used Automotve Dealers Women's Apparel Total All Accounts County & Stale Pool Agocallon Gross Receipts National City o Y2' . Change 46.9 19.8% 143A 220.9 59.6 172.3 49.0 46A 1,130.7 47.9 239.6 221.7 572 69.2 87.3 772 $3,236.7 351.0 $3,517.7 20.0% 3.7% 11.6% 0.0% -23.3% -17.4% 29.3% 6.2% 3.7% -0.9% 7.7% 2.2% 3.8% -3.2% 22.3% 17.8% 21.9% Comity Change 10.9% -2.1% 13.3% 0.5% 6.5% -26.1% 43.8% 19A% 11.6% 8.8% -0.6% 3.6% 1.7% 15.9% 3.4% Hag. state ClunP 10.7% -0.9% 15.5% 9.9% 7.0% 35.8% 19.1% &6% 8.1% 1.6% 9.3% 0.9% 11.7% 7A% 7A% 8.8% '8rthaaends CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT EETING DATE: February 19th, 2013 AGENDA ITEM NO.1J2 ITEM TITLE: Warrant Register #29 for the period of 01/09/13 through 01/15/13 in the amount of $1,735,876.26. (Finance) PREPARED BY: 1K. Apalategut DEPARTMENT: Finan PHONE: 019-336-4331 APPROVED BY: �� EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 01/09/13 through 01/15/13 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Paradise Creek 305492 260,125.46 Legal/ WITOD Project County of San Diego 305528 52,341.11 Cost Maintenance of Sewer Health Net Inc 305551 59,506.47 Insurance R1192A—Jan 2013 Kaiser Foundation 305556 162,220.66 Insurance Active — Jan 2013 Koch -Armstrong Gen Eng 305560 298,634.47 Street Resurfacing Project dm alm Engineering 305574 59,270.50 Safe Routes to School Pjct MgIbublic Emp Ret System 305582 276,123.58 Service 12/11-24/2012 The Armored Group, LLC 305603 119,790.00 Rapid Deployment Vehicle FINANCIAL STATEMENT: ACCOUNT NO. I N/AN ENVIRONMENTAL REVIEW: N/AN ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: 4,6 Finance APPROVED: MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,735.876.26 BOARD l COMMISSION RECOMMENDATION: N/P ATTACHMENTS: arrant Register #29 PAYEE PROJECT PROFESSIONALS CORP. STAPLES ADVANTAGE DE LUX ROOFING CO INC WALMART AMAZON BAKER & TAYLOR BRODART CO MIDWEST TAPE SCHIMMINGER SOUS, M SPRINT STAPLES ADVANTAGE U S POSTMASTER BEST BEST & KRIEGER LLP COMMUNITY HOUSING WORKS CUMMINS & WHITE LLP EDCO DISPOSAL KANE BALLMER & BERKMAN PARADISE CREEK S D COUNTY VECTOR CNTRL PROGRM SDG&E VERIZON WIRELESS AETNA RESOURCES FOR LIVING AFLAC ALDEMCO ALEXANDER'S LEGAL SEMINARS ALL FRESH PRODUCTS DIAZ, A ARCO GASPRO PLUS • ARJIS ASSI SECURITY INC AT&T/MCI AUSTIN DOORS BLACKIE'S TROPHIES AND AWARDS BOOT WORLD BRENNTAG PACIFIC INC BRIAN COX MECHANICAL INC CAPF CA PROPERTY SPECIALISTS INC CAL EXPRESS CALIFORNIA ELECTRIC SUPPLY 'ORNIA LAW ENFORCEMENT _.._.FORNIA TRAINING INSTITUTE CARAVANTES CDWG CDWG CEB WARRANT REGISTER # 29 1/15/2013 DESCRIPTION CITYWIDE PEDESTRIAN CROSSING PROJECT MOP 45704 MATERIALS & SUPPLIES RE -ROOF WEST SIDE CASA DE SALUD GIFT CARDS -2013 STORM WATER CALENDAR BOOKS -LIBRARY BOOKS -LIBRARY BOOKS -LIBRARY DVD'S - LIBRARY SUPPLIES - LITERACY SERVICES MILEAGE REIMBURSEMENT VIDEO CONFERENCING, LONG DISTANCE MOP #45704 - SUPPLIES POSTAGE FOR OVERDUE NOTICES LEGAU COMM YOUTH ATHLETIC CENTER HOMEBUYER PROGRAM GEN COUNSEL TO OVERSIGHT BOARD WASTE DISPOSAL SERVICE CDC LEGAL / AB 1464 LITIGATION MATTER UPDATES & REVISIONS / SECTION 8 LANDSCAPE MAINTENANCE DISTRICT LEGAL SVCS WITOD PROJECT PROPERTY APPROVED ASSESSMENT UTILITIES CDC PROPERTIES VERIZON WIRELESS SVCS - SECTION 8 EMP ASST PROGRAM - JAN 2013 AFLAC - JANUARY 2013 FOOD & CONSUMABLES / NUTRITION CIVIL LITIGATION MANUAL FOOD / NUTRITION CENTER REFUND - ACCOUNT CLOSED FUEL FOR CITY FLEET ANNUAL OPERATIONAL COST SHARING HID-1326LSSMV READER ACCESS CARDS SBC AT&T PHONE SERVICE / MIS ROLL -UP DOOR REPAIRS MOP 67727 METAL NAME TAG - PD MOP 64096 WEARING APPAREL BULK CHLORINE A/C REPAIRS, SERVICES FIRE/LTD JANUARY 2013 SERVICES / WESTSIDE SPECIFIC PLAN SERVICES FOR DECEMBER 2012 MOP 45698 ELECTRICAL MATERIAL PD/LTD JANUARY 2013 REGISTRATION - A. YBARRA REFUND -DUPLICATE PAYMENT NC21211105011 T128845 / TREND A/G ENT SEC MNT INV T128845 / SALES TAX DEBT COLLECTION PRACTICE 2012 UPDATE 1/4 CHK NO DATE AMOUNT 305472 1/10/13 1,410.00 305473 1/10/13 2,185.92 305474 1/14/13 2,730.00 305475 1/14/13 500.00 305476 1/15/13 1,574.71 305477 1/15/13 638.52 305478 1/15/13 696.28 305479 1/15/13 444.70 305480 1/15/13 35.28 305481 1/15/13 130.98 305482 1/15/13 11.46 305483 1/15/13 107.36 305484 1/15/13 272.36 305485 1/15/13 107.45 305486 1/15/13 27,735.00 305487 1/15/13 9,094.49 305488 1/15/13 209.50 305489 1/15/13 1,844.60 305490 1/15/13 224.00 305491 1/15/13 868.47 305492 1/15/13 260,125.46 305493 1/15/13 618.78 305494 1/15/13 307.01 305495 1/15/13 277.72 305496 1/15/13 741.06 305497 1/15/13 990.38 305498 1/15/13 2,569.19 305499 1/15/13 52.45 305500 1/15/13 697.18 305501 1/15/13 184.50 305502 1/15/13 33,294.09 305503 1/15/13 11,470.07 305504 1/15/13 759.50 305505 1/15/13 6,772.20 305506 1/15/13 315.80 305507 1/15/13 32.63 305508 1/15/13 106.65 305509 1/15/13 689.28 305510 1/15/13 150.00 305511 1/15/13 592.00 305512 1/15/13 2,663.75 305513 1/15/13 23.40 305514 1/15/13 1,009.16 305515 1/15/13 1,984.50 305516 1/15/13 277.00 305517 1/15/13 30.00 305518 1/15/13 13, 310.10 305519 1/15/13 465.54 305520 1/15/13 209.63 PAYEE CHEVRON & TEXACO CINTAS DOCUMENT MANAGEMENT CITY OF NATIONAL CITY CITY OF NATIONAL CITY CLEAN HARBORS COLE, L COOPER'S PLUMBING & HEATING COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COX COMMUNICATIONS CREATIVE IMAGES PHOTOGRAPHY CRISTANDO HOUSE CRYWOLF INC DAY WIRELESS SYSTEMS (20) DELL MARKETING CORP DELTA CARE USA DELTA DENTAL ELESCO ESGIL CORPORATION EXPERIAN FLEET SERVICES INC GEORGE WATERS GHA TECHNOLOGIES GROSSMAN PSYCHOLOGICAL GTC SYSTEMS INC HAMILTON MEATS & PROVISIONS HCFA C/O CITY OF EL CAJON HEALTH NET HEALTH NET HEALTH NET HEALTH NET INC HYATT REGENCY ORANGE COUNTY IMAGING PRODUCTS IRON MOUNTAIN JERAULDS CAR CARE CENTER KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KOCH-ARMSTRONG GENERAL ENGR. KONICA MINOLTA LASER SAVER INC MAN K-9 INC. MATERIAL SALES INC. MATTHEW BENDER & CO INC MEEKS, J MUNICIPAL CODE CORPORATION NATIONAL SEMINARS NATIONAL SEMINARS 2/4 WARRANT REGISTER # 29 1/15/2013 DESCRIPTION CHK NO DATE AMOUNT MOP 45669 FUEL 305521 1/15/13 656.37 MONTHLY SHREDDING / POLICE 305522 1/15/13 72.95 PETTY CASH REPLENISHMENT - OCT 2012 305523 1/15/13 629.53 PETTY CASH REPLENISHMENT - NOV 2012 305524 1/15/13 108.87 HAZARDOUS WASTE PICKUP 305525 1/15/13 370.00 REFUND - ACCOUNT CLOSED 305526 1/15/13 100.00 PLUMBING SERVICES & REPAIRS / PW 305527 1/15/13 95.00 COST SHARE MAINT SWEETWATER C 305528 1/15/13 52,341.11 RCS RADIO MAINTENANCE / DEC 2012 305529 1/15/13 9,425.45 COX COMMUNICATIONS DATA & VIDEO 305530 1/15/13 3,183.52 COUNCILMEMBER CANO PHOTOGRAPHY 305531 1/15/13 30.00 REGISTRATION FEE- J. MEEKS 305532 1/15/13 279.00 SKECH BLUEBOARD CASE W/KBD 305533 1/15/13 1,913.76 COMMUNICATIONS EQUIPMENT SERVICE 305534 1/15/13 1,000.75 DELL PRECISION T5600 305535 1/15/13 16,235.10 PM! DENTAL IN - JANUARY 2013 305536 1/15/13 2,978.12 DENTAL INS - JANUARY 2013 305537 1/15/13 12,964.36 REPAIRS, SERVICE, PARTS LIBRARY 305538 1/15/13 2,296.80 PLAN CHECK SERVICES / FIRE 305539 1/15113 4F '"I CREDIT CHECKS / POLICE DEPARTMENT 305540 1/15/13 MOP 67804 AUTO PARTS 305541 1/15/13 --.-- NEIGHBORHOOD COUNCIL BREAKFAST 12/8/12 305542 1/15/13 937.50 CISCO 1000BASE - SX SFP 305543 1/15/13 15,889.97 OFFICER ASSISTANCE PROGRAM / PD 305544 1/15/13 1,737.50 NETWORK ENGINEERING SERVICES 305545 1/15/13 292.50 FOOD / NUTRITION CENTER 305546 1/15/13 881.81 HCFA 1ST QTR FY 2013 / FIRE 305547 1/15/13 7,526.41 HEALTH FULL NETWORK -JAN 2013 305548 1/15/13 5,377.98 HEALTH NET FOR DEC 2012 305549 1/15/13 4,509.69 HEALTHNET INS N5992A - JAN 2013 305550 1/15/13 525.07 HEALTH IN R1192A - JANUARY 2013 305551 1/15/13 59,506.47 HOTEL RESERVATIONS - FIRE 305552 1/15/13 1,236.40 NIKON 18-55MM SUPER WIDE CAMERA 305553 1/15/13 1,370.25 RECORDS MANAGEMENT & STORAGE 305554 1/15/13 142.00 10W30 ENGINE OIL 305555 1/15/13 1,179.09 INS ACTIVE - JANUARY 2013 305556 1/15/13 162,220.66 RETIREES INS - JANUARY 2013, GRP 104220 305557 1/15/13 22,411.42 RET INS - JAN 2013 GRP# 104220-03 305558 1/15/13 11,633.43 INS HD HSA ACTIVE - JAN 2013 305559 1/15/13 3,654.54 STREET RESURFACING 305560 1/15/13 298,634.47 COPIER EQUIPMENT LEASE 305561 1/15/13 15,172.55 MOP 45725 MATERIALS & SUPPLIES 305562 1/15/13 94.50 MAINTENANCE TRAINING / PD K-9 305563 1/15/13 800.00 3/16 STEEL BASE PLATE W/HOLES 305564 1/15/13 CA PARKERS LARMAC INDEX 305565 1/15/13 2 SUBSISTENCE- SUPERVISORY UPDATE COURSE 305566 1/15/13 619.4i SUPPLEMENT #37, UPDATE 2 305567 1/15/13 268.62 REGISTRATION FEE - S. UNGAB 305568 1/15/13 199.00 REGISTRATION - B. GONZALEZ 305569 1/15/13 199.00 PAYEE NWTC PACIFIC AUTO REPAIR PACIFIC TELEMANAGEMENT SERVICE PADRE JANITORIAL SUPPLIES INC PALM ENGINEERING PDR PEREZ, A PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD PROGRESSIVE ELECTRONICS PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RELIANCE STANDARD S D COUNTY SHERIFF'S DEPT SAN DIEGO COUNTY RECORDER SAN DIEGO SPORTS MEDICINE SDG&E -)ORT MEAT COMPANY :ONJOHNSON SHINN, S SMART SOURCE OF CA LLC SOLANO PRESS BOOKS SOUTHERN CALIF TRUCK STOP SOUTHWEST SIGNAL SERVICE SOUTHWESTERN COLLEGE SPARKLETTS SPARKLETTS STACK TRAFFIC CONSULTING INC STAPLES ADVANTAGE STARTECH COMPUTERS SWEETWATER AUTHORITY SYSCO SAN DIEGO THE ARMORED GROUP, LLC THE LINCOLN NATIONAL LIFE INS TOM MOYNAHAN U S BANK U S HEALTHWORKS UNDERGROUND SERVICE ALERT UNION TRIBUNE PUB CO UNITED AFRICAN AMERICAN UNITED PARCEL SERVICE VALLEY INDUSTRIAL SPECIALTIES _MN WIRELESS rZON WIRELESS VISTA PAINT W W GRAINGER WALTERS, W WAXIE SANITARY SUPPLY 3/4 WARRANT REGISTER # 29 1/15/2013 DESCRIPTION CHK NO DATE AMOUNT REGISTRATION - B. PHILLIPS 305570 1/15/13 175.00 MOP 72448 R&M AUTO EQUIPMENT 305571 1/15/13 179.96 PACIFIC TELEMANAGEMENT SERVICE 305572 1/15/13 1,254.00 HDM SUPPLIES / NUTRITION 305573 1/15/13 139.29 CITYWIDE SAFE ROUTES TO SCHOOL 305574 1/15/13 59,270.50 2013 PHYSICIAN DESK REFERENCE BOOK 305575 1/15/13 59.95 REFUND - INCORRECT SEWER CHARGE 305576 1/15/13 1,154.88 MOP 45703 AUTO PARTS 305577 1/15/13 206.32 MOP 67839 AUTO PARTS 305578 1/15/13 439.05 MOP 45707 HORTICULTURE ITEMS 305579 1/15/13 2,472.37 MISC LIGHTS / POLICE 305580 1/15/13 2,244.13 MOP 45742 LAUNDRY SVC - NS 305581 1/15/13 57.92 SERVICE PERIOD 12/11 - 12/24/12 305582 1/15/13 276,123.58 VOLUNTARY LIFE INS - JAN 2013 305583 1/15/13 2,457.75 CAL -ID PROGRAM COSTS / POLICE 305584 1/15/13 8,540.00 RECORD SUBSTITUTION OF TRUST & FULL RECORDING 305585 1/15/13 497.00 MEDICAL FITNESS EVALUATIONS/FIRE FACILITIES GAS & ELECTRIC FOOD / NUTRITION CENTER REIMBURSEMENT FOR CLASSROOM SUPPLIES REIMBURSEMENT -CLASSROOM SUPPLIES MOP 63845 BUSINESS CARDS -FIRE CEQA DESKBOOK NEW THIRD EDITION MOP 45758 FUEL TRAFFIC SIGNAL & STREET LIGHTING DR LUTHER KING SCHOLARSHIP BREAKFAST DRINKING WATER DRINKING WATER FY2013 PRE -CON MEETING/STREET RESURFACING MOP 45704 MATERIALS & SUPPLIES MOP / COMPUTER SUPPLIES / MIS WASTEWATER WATER BILL SUPPLIES / NUTRITION CENTER RAPID DEPLOYMENT VEHICLE / POLICE LIFE & AD&D INS - JANUARY 2013 MOP 45734. TOWING SVCS / POLICE CREDIT CARD EXP - REDEV MEDICAL SVCS-PRE EMPLOYMENT UNDERGROUND SRVC ALERT CHRGS LEGAL NOTICES ADVERTISING 18TH ANNUAL COMMUNITY BREAKFAST UPS SHIPMENT MOP 46453 MATERIALS & SUPPLIES VERIZON WIRELESS PHONE SERVICE CELL PHONE CHRGS - 11/11/12 - 12/21/12 MOP 68834 COVER/TAPE/PAINT REMOVER-NS MOP 65179 MATERIALS & SUPPLIES REIMBURSEMENT - EDUCATIONAL JANITORIAL SUPPLIES 305586 1/15/13 20,713.00 305587 1/15/13 21,371.18 305588 1/15/13 863.83 305589 1/15/13 54.10 305590 1/15/13 96.55 305591 1/15/13 94.62 305592 1/15/13 87.34 305593 1/15/13 72.45 305594 1/15/13 12, 831.10 305595 1/15/13 25.00 305596 1/15/13 31.84 305597 1/15/13 2.00 305598 1/15/13 562.50 305599 1/15/13 71.50 305600 1/15/13 714.68 305601 1/15/13 248.96 305602 1/15/13 4,653.05 305603 1/15/13 119, 790.00 305604 1/15/13 8,424.43 305605 1/15/13 520.00 305606 1/15/13 1,887.99 305607 1/15/13 165.00 305608 1/15/13 85.50 305609 1/15/13 5,767.60 305610 1/15/13 50.00 305611 1/15/13 18.27 305612 1/15/13 385.18 305613 1/15/13 4,966.12 305614 1/15/13 60.82 305615 1/15/13 136.30 305616 1/15/13 1,508.16 305617 1/15/13 276.65 305618 1/15/13 2,552.05 PAYEE WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY WRG FIRE TRAINING SIMULATION WIRED PAYMENTS TRISTAR RISK MANAGEMENT SECTION 8 HAPS PAYMENTS WARRANT REGISTER # 29 1/15/2013 DESCRIPTION MOP 63850 AUTO PARTS MOP 45763. ELECTRICAL SUPP / MIS LABOR SERVICES / INSPECTIONS DEC 2012 WC REPLENISHMENT Start Date End Date 1/9/2013 1/15/2013 4/4 CHK NO DATE AMOUNT 305619 1/15/13 42.28 305620 1/15/13 100.74 305621 1/15/13 2,446.87 AIP Total 1,680,996.53 491861 1/10/13 43,658.97 11,220.76 GRAND TOTAL $ 1,735,876.26 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS,ANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SOTELO-SOLIS, VICE -MAYOR LUIS NATIVIDAD, MEMBER MONA RIOS, MEMBER JERRY CANO, 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 19th OF FEBRUARY, 2013. AYES NAYS AB SENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 19th, 2013 AGENDA ITEM NO. 13 ITEM TITLE: Warrant Register #30 for the period of 01/16/13 through 01/22/13 in the amount of $1,018,620.34. (Finance) PREPARED BY: K. Apalategui PHONE: 619-336-4331 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 01/16/13 through 01/22/13 :::::: T: Fln®an�e Y: JL TheFinance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation SDG&E 305703 64,309.17 Zasueta Construction Inc 305717 66,228.30 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: Facilities Gas & Electric Shade Structure / Fire Finance APPROVED: MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,018,620.34 BOARD / COMMISSION RECOMMENDATION: N/A 'TTACHMENTS: Varrant Register #30 PAYEE ABCANA INDUSTRIES AEP CALIFORNIA LLC ALL FRESH PRODUCTS ATKINS NORTH AMERICA INC BARGAIN CENTER INC BOYS & GIRLS CLUB BUCKNAM INFRASTRUCTURE GRP INC CALIFORNIA ELECTRIC SUPPLY CALIFORNIA HIGHWAY ADOPTION CO COOPER'S PLUMBING & HEATING COUNTY OF SAN DIEGO CYBRARYN SOLUTIONS DANIELS TIRE SERVICE DE LUX ROOFING CO INC DISCOUNT SPECIALTY CHEMICALS DOOLEY ENTERPRISES DREW FORD TRUCK & EQUIPMENT CO. INC. f SIGNS I'ASTENAL FERGUSON ENTERPRISES INC HAAKER EQUIPMENT COMPANY HAJOCA CORPORATION HYATT REGENCY ORANGE COUNTY HYATT REGENCY ORANGE COUNTY INDEPENDENT FORENSIC SERVICES JAMES SLADE JERAULDS CAR CARE CENTER JJJ ENTERPRISES JUDD ELECTRIC LEFORTS SMALL ENGINE REPAIR LIFELOC TECHNOLOGIES •LOPEZ, Y MUNICIPAL CODE CORPORATION NATIONAL CITY CAR WASH PACIFIC AUTO REPAIR PACIFIC PRODUCTS & SERVICES PACIFIC REFRIGERATION INC PRUDENTIAL OVERALL SUPPLY R J SAFETY SUPPLY RBF CONSULTING SAFEWAY SIGN CO DIEGO PET SUPPLY . DIEGO TROLLEY INC SDG&E SEAPORT MEAT COMPANY SMART SOURCE OF CA LLC SOUTH COAST EMERGENCY SPARKLETTS WARRANT REGISTER #30 1/22/2013 DESCRIPTION HYDROCHLORIC ACID, DRY CHLORINE LABOR CONVERT VEH 489 TO K9 UNIT FOOD / NUTRITION CENTER PROVIDE SEWER BILUTAX ROLL HIP WADERS 2013 ANNUAL DINNER / MYR STREET SIGN INVENTORY MOP 45698 ELECTRICAL MATERIAL PARADISE CREEK LITTER REMOVAL PLUMBING SERVICES, REPAIRS MAIL PROCESSING SERVICES CYBRARYAN PUBLIC COMPUTER MANAGEMENT 11 R225 H G66A HSA TL ROOF REPAIRS LUSTER SUDS/DISH WASHING LIQUID RA40T, 40 S&W 180 GR. ROUNDS / PD MOP 49078 AUTO PARTS SENSOR GG20784542 ALUMINUM .080 1 SIDE 10X14 SIGN 120 LED WORK LIGHT AMELEC 0762606 MOP 45723 BUILDING MATERIAL 3-EDGE QUATTRO 3/80 GPM PLUMBING MATERIALS CAL CUPA CONFERENCE / SLADE CAL CUPA CONFERENCE / TIPTON SART EXAMS / POLICE CAL CUPA TRAINING / SLADE MOP 72449 R&M AUTO EQUIPMENT ALARM MONITORING ELECTRICAL REPAIRS LABOR, CLEANED CARBURETOR ITEM #15005, DRY DAS100 STANDARD TRANSLATION SERVICES FOR FY13 ANNUAL CODE ON INTERNET CAR WASHES SMOG CERTIFICATION & REPAIRS JACKJAW SUPER SQUARE SIGN POST REPAIRS & MAINTENANCE FOR KITCHEN MOP 45742 LAUNDRY SERVICE RADIANS 3-N-1 CASS 3 JO=VIS GREEN 8TH ST. SAFETY ENHANCEMENTS PROJECT DELINEATOR ECOFLEX RB W/POST MOP 445753. DOG FOOD / POLICE MTS - TROLLEY FLAGGING SERVICES STREET GAS & ELECTRIC FOOD / NUTRITION CENTER PATCH BROCHURE SEAT BELT 3-POINT 2/14 / PW DRINKING WATER FY2013 1/2 CHK NO DATE AMOUNT 305659 1/22/13 215.36 305660 1/22/13 2,094.63 305661 1/22/13 285.27 305662 1/22/13 1,952.00 305663 1/22/13 865.45 305664 1/22/13 50.00 305665 1/22/13 1,490.00 305666 1/22/13 24.32 305667 1/22/13 864.00 305668 1/22/13 650.00 305669 1/22/13 1,927.17 305670 1/22/13 1,139.95 305671 1/22/13 823.73 305672 1/22/13 1,523.50 305673 1/22/13 242.88 305674 1/22/13 8,414.80 305675 1/22/13 839.05 305676 1/22/13 79.58 305677 1/22/13 348.80 305678 1/22/13 568.41 305679 1/22/13 63.77 305680 1/22/13 442.80 305681 1/22/13 1,496.63 305682 1/22/13 735.28 305683 1/22/13 735.28 305684 1/22/13 3,871.00 305685 1/22/13 313.00 305686 1/22/13 49.99 305687 1/22/13 1,200.00 305688 1/22/13 390.00 305689 1/22/13 96.98 305690 1/22/13 178.45 305691 1/22/13 560.00 305692 1/22/13 650.00 305693 1/22/13 230.00 305694 1/22/13 724.89 305695 1/22/13 494.81 305696 1/22/13 685.00 305697 1/22/13 952.96 305698 1/22/13 244.69 305699 1/22/13 1,543.38 305700 1/22/13 687.84 305701 1/22/13 108.89 305702 1/22/13 29.97 305703 1/22/13 64,309.17 305704 1/22/13 649.72 305705 1/22/13 613.36 305706 1/22/13 1,491.82 305707 1/22/13 14.78 PAYEE • TIPTON, B TURF STAR TYLER TECHNOLOGIES INC UNITED ROTARY BRUSH USA MOBILITY WIRELESS, INC. VCA EMERGENCY ANIMAL HOSPITAL W W GRAINGER WAXIE SANITARY SUPPLY WEST PAYMENT CENTER ZASUETA CONTRACTING INC ZUMAR INDUSTRIES PAYROLL Pay period Start Date 2 12/25/2012 WARRANT REGISTER #30 1/22/2013 DESCRIPTION CAL CUPA TRAINING / TIPTON GEARBOX REPLACEMENT KIT 108-1370 EDEN SUPPORT 1/1/13-12/31/13 SWEEPER REPAIRS PAGING SERVICE FOR FY13 STRAY ANIMAL VET CARE / POLICE MOP 65179 ELECTRICAL MATERIAL JANITORIAL SUPPLIES CLEAR INV DATABASES / DEC 2012 / PD SHADE STRUCTURE FOR FIRE DEPT R1-6 1236 P6YG5 End Date 1/7/2013 Check Date 1/16/2013 2/2 • CHK NO DATE AMOUNT 305708 1/22/13 313.00 305709 1/22/13 519.20 305710 1/22/13 48,198.53 305711 1/22/13 686.31 305712 1/22/13 788.35 305713 1/22/13 764.28 305714 1/22/13 495.76 305715 1/22/13 233.42 305716 1/22/13 433.44 305717 1/22/13 66,228.30 305718 1/22/13 1,183.63 GRAND TOTAL A/P Total 227,807.58 790,812'4 $ 1,018,620. • Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SOTELO-SOLIS, VICE -MAYOR LUIS NATIVIDAD, MEMBER MONA RIOS, MEMBER JERRY CANO, 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 19th OF FEBRUARY, 2013. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT --EETING DATE: February 19, 2013 AGENDA ITEM NO. 14 ITEM TITLE: RETURN ITEM -TEMPORARY USE PERMIT —Liberty Tax Service requesting advertising displays at 605 Highland Avenue and 1615 E. Plaza Boulevard from February 6, 2013 thru April 15, 2013 with no waiver of fees. PREPARED BY: iVianey Rolon DEPARTMENT: PHONE: (619) 336-4364 APPROVED BY: EXPLANATION: This is the second year request from Liberty Tax Service to display multiple advertisement displa generate business during tax season at 605 Highland Avenue and 1615 E. Plaza Boulevard from February 6, 2013 thru April 15, 2013. Advertising will be as follows: 605 Highland Avenue *two (2) A -frames, eight (8) signs, one (1) inflatable statute of liberty, one (1) air dancer, two (2) waver boards five (5) flags, and two (2) 4x10 banners: 1615" E. Plaza Boulevard *four (4) A -frames, fifteen (15) signs, one (1) inflatable statue of liberty, three (3) waiver boards, ten (10) flags, and three (3) 4x10 banners. III signage will be placed on their private property and none in the public right away. No other city services requested. Neig • orho'. - rvices Division FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS The City has incurred $237.00 for processing the TUP through, various City Departments. Total fees are;$237.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the. Application for a Temporary Use Permit with no waiver of fees and subject to compliance with all conditions of approval BOARD / COMMISSION RECOMMENDATION:. wA. ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval: Type of Event: _ Public Concert __ Fair Festival , Community vent _ Parade _ Demonstration circus_Block Party _ Motion Picture _ Grand Opening therx gEA.92A/S is- ,1-.#cf p Event Tftle ITAX' SeA SCA) Event Location: /bOS £, A42A t ,e 603- r i- to Y/rSir36Pc-,f? Q or -; )c pin to am/pm Total Anticipated Attendance: ,)/4 ( Participants Setup/assembly/construction Date: // Start time: S A Please describe the scope of your setup/assembly work (specific details): Event Date(s): From Actual Event Hours: Dismantle. Date: t 1 Completion Time: 9 am List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Spectators) Sponsoring Organization: (---1 $E-391i,s' 7794 K Lii nE Chief Officer of Organization (Name) . --. 66 ff 1 C.S' Applicant (Name): !2GG( P—Ftlef /� /' Address: ( Co is -j . QC,Pti* N. STh. 1 v/ sC Gli-0vc� l.r fC-# Daytime Phone: bt y '7 3 F' Evening Phone: (- ) 9 I f,' Fax: ( ) E-Mail: r-e� f ✓ � illi,ti-f,,,,„,, Contact Person "on site" day of the event: Q:f ZJf ar NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS YES Njb Does the event involve the sale or use of alcoholic beverages? _ YES _,NO Will items or services be sold at the event? if yes, please describe: _ YES S NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. _ YES vNO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. _ YES _ NO Will the event involve the use of the giN or your stage or PA system? SPECIFY: In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: H Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: — (1 for every 250 people is required, unless the applicant can show that there„lre facilities in the i mediate area available to the public during the event) Tables # and Chairs #__ Fencing, barriers and/or barricades Generator locations and/or source of electricity , Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: IMMEN - scribe your plan for clean-up anq removal of waste and garbage during and af7 the event: � Y YES _ NO Is this a night event? If YES, please state how the event and surrounding area will be i urinated to ens a safety olthe participants and spectators. Please describe your procedures for both Crowd Control and Internal Security: YES YNO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: Please describe yovr clans to notify all residents, businesses and churches impacted by event: 'Y•/ NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _ YES NO Are there any musical entertainment features related to your, event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: YES _. NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm. YES v NO Will sound checks be conducted prior to the event? If YES, please indicate: Start timer amtpm Finish Time am/pm Please describe the sound equipment that will be used foryour event: _ YE NO Fireworks, rockets, or other pyrotechnics? If YES, please describe YES NO Any signs, banners, decorations, special lighting? If YES, please describe: Tele hone �f`l'- �' P � Date(s) of Use t(t � t 3 — C�� ► S1j� HOLD HARMLESS AGREEMENT As a condition of the issuance of.a temporary use permit to conduct its activities. on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the perrnittee or its agents, employees or contractors. tore pplicant Official Title Date ►/i4/t' For Office Use Only Certificate of Insurance Approved Date. organization City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting; use of City property, facilities or personnel are required to provide a r inirnum of $1,000,000 combined single limitinsurance for bodily injttry andproperty damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement: Certificate of insurance must be attached to this permit. • trl Person in Charge of Activity Address /hls� to' CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Liberty Tax Service EVENT: Tax Service DATE OF EVENT: 2/6/13 thru 4/15/13 TIME OF EVENT: Business Hours of Operation APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 No comments RISK MANAGER (619) 336-4370 All looks okay on this. PUBLIC WORKS (619)366-4580 No comments FINANCE Liberty Tax service is up to date with their business license for both locations (Highland and Plaza Blvd) COMMUNITY SERVICES No comments CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. POLICE FIRE The Police Department has no stipulations Fire has no stipulations or comments for this event. /q CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT IEETING DATE: ;February 19, 2013 AGENDA ITEM NO. 15 ITEM TITLE: Notice of Decision - Planning Commission approval of a Conditional Use Permit for a charter school in Westfield Plaza Bonita shopping center located at 3030 Plaza Bonita Road, Suite 1000. (Applicant: Student Success Programs Incorporated) (Case File 2012-25 CUP) Mt - PREPARED BY:DEPARTMENT: Martin Reeder,AICP�; Plannin' PHONE: i336-4313 i APPROVED BY: EXPLANATION: The project site is the north end of Westfield Plaza Bonita on the ground floor next to the interior entrance of Macy's. The applicant is requesting to operate a Grade 7 to 12 charter school in a 3,400 square- foot suite. Classroom hours would be Monday to Saturday from 8 a.m. to 7 p.m. Students are those with special scheduling requirements (due to work, athletics, social anxiety, etc.) and that need to increase reading and math skills for graduation. Some students graduate from the school while others transition back to public schools to graduate. Planning Commission conducted public hearings on January 14 and February 4, 2013. Commissioners asked questions regarding graduation rates, student population, and other school locations within San Diego County area malls. The Commission voted to approve the CUP based on required findings and subject to Conditions of Approval. The attached Planning Commission staff reports describe the proposal in detail. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. 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: iThe Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, DeLaPaz, Flores, Pruitt, Reynolds ATTACHMENTS: 11. Location Map 2. Planning Commission Staff Report 3. Resolution No. 2-2013 4. Reduced Plans — — — Zone Boundary City Boundary APN: 564-471-07 cry �\ / / ,RS-2 IFeet 0 125 250 500 Planning Commission Location Map 2012-25 CUP 12.19.1 Title: Item no. 3 February 4, 2013 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT CONTINUED PUBLIC HEARING — CONDITIONAL USE PERMIT FOR A CHARTER SCHOOL IN WESTFIELD PLAZA BONITA SHOPPING CENTER LOCATED AT 3030 PLAZA BONITA ROAD, SUITE 1000. Case File No.: 2012-25 CUP Location: North end of Westfield Plaza Bonita — ground floor Staff report by: Martin Reeder, AICP — Assistant Planner Applicant: Student Success Programs Incorporated BACKGROUND Previous Action The Commission continued the item to the current meeting in order for the applicant to provide additional information related to the proposal. Specifically, information related to the following was requested: • Graduation rate of Charter School students; • The number of National City residents served; • More information such as the packet given to prospective students' parents; • Reports or comments from PD or security directors at other Westfield malls that have the Charter Schools. New Information The applicant has provided an information packet, similar to that provided to prospective students, which provides statistics on graduation and participation rates, post -graduation statistics, and transition data. The packet is attached for your review. There are currently 52 students from National City being served according to the applicant. 2 An important rate provided is that of student transitions, or where students go once they leave the charter school. Approximately 28% of the exiting students graduate (High school diploma, GED, or pass score on the California High School Proficiency Exam), with the majority of remaining students (45%) transitioning back to public school. Of those that graduate, 90% gain their diploma. According to the information provided, the school had a 2011 graduation rate of 82.7% (the percentage of students eligible to graduate that did so). The data states that 89% of graduating students went on to attend college (four-year, community, or vocational schools), the remaining 11 % either going into the workforce or the military. Prior to the previous Planning Commission meeting, there were concerns voiced by the Police Department regarding security and safety concerns. Since the January 14, 2013 meeting a PD representative has visited another of the school's locations (Horton Plaza). Their preliminary comments indicate that the school is run very well and that the students are not sent to the school for disciplinary problems, as previously thought. The program is for students that voluntarily want or need an alternative schedule for a variety of reasons (work, athletics, not fitting in well with traditional social situations etc.). PD was very impressed with the Horton Plaza site and the staff there. it is staffs understanding that PD will be reversing its initial opposition to the CUP; however, an official response is pending as of the writing of this report. The original staff report is attached and contains findings and conditions for approval. The analysis in that report is still relevant with regard to land use and parking, but excepting the previous concerns from PD. Maximum occupancy is also not relevant seeing as the school is more of an 'as needed' situation (subject specific) rather than a full curriculum. According to the data provided by the applicant, most students entering the charter school are on average 2 grade levels behind in reading and 3 grade levels behind in math. Summary The proposed educational use is consistent with the Land Use Code with the approval of a Conditional Use Permit. Although not a typical commercial use associated with a shopping mall, Conditions of Approval will help to ensure that the business operates in harmony with existing uses in the area. Potential parking impacts are minimal since the site is within an existing shopping mall and that adequate parking is available on site. Furthermore, the applicant has a history of successful operation at other area malls. The school fulfills a need in the educational system that cannot be met effectively by traditional schools. If the CUP is approved, National City students — some of which are already enrolled in other affiliated charter schools — will have access to this service, thus increasing the success rate of National City schools. 3 RECOMMENDATION 1. Approve 2012-25 CUP subject to the conditions listed below, based on attached findings; or 2. Deny 2012-25 CUP based on findings to be determined by the Planning Commission; or 3. Continue the item to a specific date. ATTACHMENTS 1. Revised Police Department comments 2. January 14, 2013 staff report with attachments, including findings and conditions 3. Charter School of San Diego information packet 4. Applicants plans (Exhibit A -Revised, Case File No. 2011-29 CUP, dated 2/22/2012) MARTIN REEDER, AICP Assistant Planner 4 NATIONAL CITY POLICE DEPARTMENT MEMORANDUM DATE: January 24, 2013 TO: Adolfo Gonzales, Chief of Police FROM: Keith Fifield, Lieutenant SUBJECT: San Diego Charter School - Conditional Use Permit — Plaza Bonita Since the January 14th Planning Commission meeting Sgt. Hernandez and I have been gathering information and talking with people in order to better understand the Charter School of San Diego's operation and if locating a learning center at Plaza Bonita might present safety concerns. San Diego Charter School The Conditional Use Permit applicant, Student Success Programs Inc., a San Diego Charter School, is part of the Altus Institute's Network of Charter Schools. Their authorizing oversight agency is the San Diego Unified School District. The San Diego Charter School entered into a five year Charter, or contract, with the SDUSD that was ultimately approved by the SDUSD School Board. SDUSD administrative staff is responsible for ensuring that the Charter School continues to meet its obligations under the approved Charter. The San Diego Charter School is an Average Daily Attendance (ADA) funded school. They currently operate several non-traditional storefront learning centers under their Charter, several of them at Westfield shopping malls including UTC, Horton Plaza and Parkway Plaza. Mr. Moises Agurrie is the Charter School Manager for the SDUSD. He and his staff are responsible for ensuring that the San Diego Charter School is meeting the obligations of its Charter. I spoke with Mr. Aguirre and he stated that the San Diego Charter School is considered in Good Standing and he is not aware of any security violations or issues at their school sites. Site Visit On 01/24/13 Sgt. Hernandez and I visited the Altus Institute - San Diego Charter School learning center at Horton Plaza site where we met with CFO Lynne Alipio and staff member Tim Tuter. The school or learning center was well maintained and staffed with four teachers. Approximately fifteen students were in attendance working diligently and quietly. The learning center was furnished and maintained properly and was well equipped with computer work stations. The front of the center was all glass and the interior activity and occupants were fully visible from the outside. 5 One of the teachers explained the educational requirements and staffing system. The hours of the learning center are staggered throughout the day with no more than 15 or 20 students in attendance at any one time, the students usually attending in two hour blocks. They strive to maintain a 4 to 1 student teacher ratio. The students may complete one course a month to complete their credits for graduation. The teacher gave us a copy of the Zero Tolerance behavior and loitering policy which each student must acknowledge and sign. The students all appeared well behaved and focused on their work. Sgt. Hernandez and I were satisfied and impressed with the professional appearance and operation of the Horton Plaza Learning Center as well as the mature polite demeanor of the students. Westfield Shopping Centers obviously supports the Charter School as they are tenants at almost every mall property they own in San Diego County. A representative from Westfield's Regional Office attended the Planning Meeting in their support. As a community service Westfield rents space to the San Diego Charter School at a significant discount. Students CFO Alipio and Mr. Tuter estimated that the Plaza Bonita site would allow a maximum of 158 students. Currently they have 52 students enrolled from National City who would have the option to attend at Plaza Bonita much closer to their residence. The students are not mandated to attend these schools by the courts but by choice. The students are "at risk" in that they are at risk of not graduating for various reasons not because of poor behavior or criminal conduct. Many of the students need a non- traditional schedule or setting because they must work, because of their intensive athletics, because they were bullied or because they do not function well in a traditional school social setting or regiment. Recommendation Based on our findings, Sgt. Hernandez and I agree that the Police Department should support Student Success Programs Inc. / Charter School of San Diego CUP application to open a location at Westfield Plaza Bonita. We believe that the professionalism of the organization, their good standing as a Charter School with the SDUSD, the support of Westfield Shopping Centers and no findings of security issues at their current learning centers similarly located at malls, warrants our support so they can provide a non- traditional opportunity for students to succeed. This school appears to be in line with the values of the City and the Police Department to support youth programs that provide positive alternatives, thus improving overall public safety. 6 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel No: Staff report by: Applicant: Property owner: Combined General Plan/ Zoning designation: Location size: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 4 January 14, 2013 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR A CHARTER SCHOOL IN WESTFIELD PLAZA BONITA SHOPPING CENTER LOCATED AT 3030 PLAZA BONITA ROAD, SUITE 1000. 2012-25 CUP North end of Westfield Plaza Bonita — ground floor 564-471-07 Martin Reeder, AICP —Assistant Planner Student Success Programs Incorporated Westfield Major Mixed -Use District (MXD-2) 3,400 square feet Residential across Sweetwater Rd. / RS-2 Residential / County of San Diego Open Space & 1-805 / OS Open Space across Plaza Bonita Rd. / OS Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) BACKGROUND Site Characteristics Westfield Plaza Bonita is located in the southeast corner of National City in the Commercial Shopping Center (CSC-PD) Zone. The project site is the ground floor of the mall at the northern end of Westfield Plaza Bonita. The suite is located next to the interior entrance of Macy's, in the original part of the mall. The suite is the former location of Tilt, a video arcade. Proposed Use The applicant is requesting to operate a Grade 7 to 12 charter school (Charter School of San Diego) in an approximately 3,400 square- foot suite located in the Westfield Plaza Bonita Shopping Center. Classroom hours would be Monday to Saturday from 8 a.m. to 7 p.m. with students ranging in age from 12 to 19 years old. Typical students are those that are at risk of not graduating due to a variety of issues that include sociaVemotional issues, bullying/fear of safety, health challenges, behavior problems, credit deficiencies, low performance, or special scheduling needs. Learning would be provided in small groups of 5 to 10 students. One-on-one learning would also be provided as needed. Five teachers are proposed to teach at this location. Analysis A school is permitted in the MXC-2 zone with the issuance of a Conditional Use Permit (CUP). Concerns with educational uses usually focus around traffic and parking issues. Given that this would be a small-scale and atypical school setting that would not cater to as many students as a traditional school campus, these concerns would not be as prevalent. With five teachers and the proposed student groups of 5 to 10, approximately 50 students can be expected. The floor plan is almost completely open, save for a restroom and small office area. Other area locations have a series of round tables spread throughout the space, catering to the group setting desired. Building occupancy for educational uses is 20 square -feet per person, which would allow up to 170 people in the 3,400 square -foot suite. Parking is based on square -footage rather than number of students (see parking discussion below). Although not traditionally found in shopping malls, charter schools are located in other San Diego County malls. Charter School of San Diego has operations in six other malls throughout the region, including Plaza Camino Real (Carlsbad), North County Fair (Escondido), UTC (La Jolla), Parkway Plaza (El Cajon), Mission Valley (San Diego), and two locations in Horton Plaza (San Diego). Parking The mall has adequate parking and access to arterial streets and freeway. According to SANDAG data, a 3,400 square -foot school would generate approximately 62 average 8 daily trips (ADT). Access to and from the area is provided by Plaza Bonita Road and Sweetwater Road, both arterial streets. Therefore, no traffic issues are anticipated; the existing road network is more than capable of handling the additional traffic generated by the school. Department Comments Comments were received from the Police Department with concerns over the proposed use of the suite as a charter school. PD anticipates possible safety and security issues and additional calls for service and does not recommend that the CUP be approved. Standard Building and Fire Code conditions are also included, as well as a condition requiring proof of all local, state and/or federal permits necessary for operation of the charter school be provided prior to operation. Summary The proposed educational use is consistent with the Land Use Code with the approval of a Conditional Use Permit. Although not a typical commercial use associated with a shopping mall, Conditions of Approval will help to ensure that the business operates in harmony with existing uses in the area. Potential parking impacts are minimal since the site is within an existing shopping mall and that adequate parking is available on site. However, the Police Department has concerns due to the potential demographic of students related to behavior issues, and concerns related to safety and security of both students and mall patrons. 9 RECOMMENDATION 1. Approve 2012-25 CUP subject to the conditions listed below, based on attached findings; or 2. Deny 2012-25 CUP based on the attached finding; findings to be determined by the Planning Commission; or 3. Continue the item to a specific date. ATTACHMENTS 1. Recommended Findings 2. Recommended Conditions of Approval 3. Location Map 4. Public Hearing Notice (Sent to 13 property owners) 5. Police Department comments 6. Site Photos 7. Notice of Exemption 8. Exhibit A, Case File No. 2012-25 CUP, dated 12/3/2012 9. Business description MARTIN REEDER, AICP BRAD RAULSTON Assistant Planner Executive Director 10 RECOMMENDED FINDINGS FOR APPROVAL 2012-25 CUP, 3030 Plaza Bonita Road 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be within an existing commercial suite within a regional mall 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 and type of traffic generated by the proposed use, since the proposed use is served by both Plaza Bonita Road and Sweetwater Road, arterial streets, and since a charter school is not expected to appreciably increase the amount of traffic to the site. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained wholly within an existing building, and since the use is consistent with other uses within other shopping malls in San Diego County. 4. That the proposed use is deemed essential and desirable to the public convenience, since it will provide a service in need in the area among members of the community seeking to gain a high school education. RECOMMENDED FINDING FOR DENIAL 2012-25 CUP, 3030 Plaza Bonita Road 1. That the proposed use will have an adverse effect upon adjacent or abutting properties, since the use has the potential to cause security or safety issues for students of the school and/or patrons of the mall, and that the use could create the need for additional calls for service from the Police Department, decreasing response times to other areas in need. 11 RECOMMENDED CONDITIONS OF APPROVAL 2012-25 CUP, 3030 Plaza Bonita Road General 1. This Conditional Use Permit authorizes a Charter School for 7th to 12th Grade students within suite 1000 of the Westfield Plaza Bonita shopping center located at 3030 Plaza Bonita Road. Except as required by conditions of approval, all plans ,submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2012-25 CUP, dated 12/3/2012. 2. 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 Development Services Director prior to recordation. 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. 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 the Municipal Code. Building 5. Plans submitted for construction shall comply with the 2010 editions of the Califomia Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. Fire 6. The project shall be built to code. The National City Fire Department utilizes the 2010 edition of the California Fire Code and the 2010 edition of NFPA. Planning 7. The applicant shall provide proof of all local, state and/or federal permits necessary for operation of the Charter School. Proof of said permits shall be provided at time of business license issuance. 12 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR A CHARTER SCHOOL IN WESTFIELD PLAZA BONITA SHOPPING CENTER LOCATED AT 3030 PLAZA BONITA ROAD, SUITE 1000 CASE FILE NO.: 2012-25 CUP APN: 564-471-07 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, January 14, 2013, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Student Success Programs Incorporated) The applicant is requesting to operate a charter school for students 7th to 12th grades in an approximately 3,400 square foot suite located in Westfield Plaza Bonita Shopping Center. 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., January 14, 2013, who can be contacted at 619-336-4310 or planning (a 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 % I&BRAD RAULSTON Executive Director 13 January 8, 2013 From: National City Police Department Subject: Case file No: 2012-23 CUP- Conditional Use Permit in Plaza Bonita Shopping Center, 3030 Plaza Bonita Road, Suite 1000 for Charter School Student Success Programs Inc. The following are concerns from the National City Police Department regarding the proposed CUP in Plaza Bonita Mall for a Charter School Student Support Program. The Plaza Bonita Mall is a large retail shopping mall that is visited daily by thousands of consumers. Families and consumers from around San Diego County visit Plaza Bonita and expect to shop with safety and securities of commercial retail. The Charter School Student Success Program outlines in their applications that students range from ages 12 to 19 years old. The typical students are at high risk of not graduating due to social/emotional issues, bullying/fear of safety, health challenges, behavior problems, as well as other challenges. These challenges can produce quality of life issues of safety and security for Plaza Bonita Mall employees and visiting citizens. Plaza Bonita Mall was not intended to operate a charter school as a tenant. This school most likely will result in additional needs for public safety services. The mere logistics of public safety responses to potential fights, assaults, violent outbursts and/or thefts would impact response times to other calls for service in the National City Community. Public Safety resources would potentially be impacted as calls for services to the mall/charter school would rise. Plaza Bonita Mall is intended to be a consumer retail business, not a charter school. The fact that school will be located in a Mall on Private Property presents additional challenges for law enforcement. Based on the aforementioned concerns, we do not recommend that the CUP be approved. Respectfully submitted, Julian Villagomez, Sergeant National City Police Department 619-336-4547 14 2012-25 CUr —Plaza Bonita — Charter School — ,Jite Photos Looking northwest View from 2nd floor looking northwest 14 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: 2012-25 CUP Project Location: 3030 Plaza Bonita Road, National City, CA 91950 Contact Person: Martin Reeder, AICP Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for a charter school within a 3,400 square -foot suite in Westfield Plaza Bonita mall. Applicant: Student Success Programs, Inc. 10170 Huennekens Street San Diego, CA 92121 Telephone Number: (858) 678-2048 Exempt Status: Categorical Exemption. Class 1 Section 15301 (Existing Facilities) Reasons why proiect is exempt: There is no possibility that the proposed use will have a significant impact on the environment since the facility will not result in the expansion of an existing use. The school will operate within an existing building without the need for expansion or intensification of use. Date: MARTIN REEDER, AICP Assistant Planner 16 QUESTION: What is Student Success Programs, Inc.? Is it a charter school? The Charter School of San Diego (CSSD) is officially known as Student Success Programs, Inc. Student Success Programs, Inc. is nonprofit public benefit corporation and it is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law for public purposes. Student Success Programs, Inc. operates under the trade name of The Charter School of San Diego (CSSD). Student Success Programs, Inc. is created with a specific purpose to manage, operate, guide, direct and promote CSSD. CSSD is a charter school authorized by San Diego Unified School District. Charter Schools are able to operate in the State of California pursuant to the adoption of the Charter Schools Act of 1992. The Charter Schools Act of 1992 (California Education Code §47600, et seq.) was enacted by the Legislature to provide opportunities for teachers, parents, pupils and community members to establish and maintain schools that operate independently from the existing school district structure, as a method to accomplish all of the following: (a) Improve pupil learning. (b) Increase learning opportunities for all pupils, with special emphasis on expanded learning experiences for pupils who are identified as academically low achieving. (c) Encourage the use of different and innovative teaching methods. (d) Create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site. (e) Provide parents and pupils with expanded choices in the types of educational opportunities that are available within the public school system. (f) Hold the schools established under this part accountable for meeting measurable pupil outcomes, and provide the schools with a method to change from rule -based to performance -based accountability systems. (g) Provide vigorous competition within the public school system to stimulate continual improvements in all public schools. CSSD offers an innovative education program with a tremendous and successful record of accomplishment of educating, reintegrating and graduating "at -risk" students. "At -risk" students are defined as students who have dropped out of traditional schools, are at great risk of dropping out, or are enrolled but completely disengaged from learning. Many of these students are from lower socio- economic families with diverse ethnic backgrounds. CSSD is a re -directive program. The average length of stay for students in the program is 15 months. 17 Charter schools are public schools. Public charter schools are intended to improve our nation's public school system. Charter schools are public school because, while they operate independently of the school district, they are: • Tuition -free and open to every student who wishes to enroll • Non-sectarian, and do not discriminate on any basis • Publicly funded by local, state and federal tax dollars based on enrollment, like other public schools QUESTION: Does the school have a website that describes the organization and its operation? CSSD have a website that describes the organization and its operation. It is www.charterschool- sandieRo.net QUESTION: Who are the typical students? The typical students at CSSD are at risk, credit deficient, looking for non-traditional setting, professional athletes, actor, students with health issues, safety concerns, pregnant parenting teen, family responsibilities such as working to help support families. All of these categories include students that may have special needs, are gifted and talented and/or are English language learners. QUESTION: What are their grade levels and ages? CSSD serves grades 7-12 whose ages are 12 years old to 19 years old. QUESTION: Why do students attend this school instead of Public schools? We are a public school of choice. CSSD is an educational option for students in grades 7-12 who seek an alternative to the traditional approach to education. CSSD offers personalized, individualized, and high quality education. Students' course of study is based on a Pathways Personalized Education Plan (PPEP). This plan is developed by the counselor along with the student, parents, and teacher. It incorporates high school graduation requirements, the student's short -and long-term goals, learning styles, previous work, current interests, academic achievement, skills development and standardized test scores. The PPEP is reviewed and updated by parents, student, and teacher on a regular basis throughout the student's enrollment. CSSD serves as a role model due to five factors: • We transform the lives of students who are "at risk" in the educational system, moving students towards successful post -secondary transitions • We run CSSD like a business with strategic objectives, Action Plans, and the ability to set and measure results • We are innovative, responsive, agile 18 • We hold teachers accountable for students' learning and staff for organizational success • We are a successful prototype for educational reform QUESTION: Is there a program that the students have to follow to earn credits to graduate? All CSSD students may earn regular California standards based credits toward a diploma. CSSD courses are California University A-G approved. Students may choose to graduate from the program or return to their comprehensive high school. CSSD is a re -directive program. It assists students to become grade level proficient and appropriate for their age so they can successfully return to their comprehensive middle or high school. QUESTION: Do they earn a diploma equivalent to a Public School? Students may choose to remain at CSSD to complete their graduation requirements and earn a high school diploma, GED, or the California High School Proficiency Exam (CHSPE). Yes, diploma for CSSD is equivalent to a public school. CSSD is a WASC (Western Association of Schools and Colleges) accredited. It has undergone several accreditation renewal processes and has received the maximum terms of 6 years for every term. This WASC accreditation process is all about fostering excellence in the elementary, secondary, adult, postsecondary and supplementary education programs that WASC accredits. QUESTION: Is instruction provided on a one-on-one basis, group setting or both? CSSD provides one-on-one basis and small group instruction. QUESTION: How large are the groups that receive instruction/tutoring? Small, 5-10 QUESTION: Where does the funding for the school come from? Charter schools received apportionments from the State and Federal. 95% of the funding for CSSD is derived from the State apportionments. 4% is derived from the Federal and about 1% is derived from local. QUESTION: Are they located in Westfield malls? CSSD Learning Centers are located in the following Westfield Malls: Plaza Camino Real (Carlsbad) North County Fair (Escondido) UTC (La Jolla) Parkway Plaza (El Cajon) 19 Mission Valley (San Diego) Horton Plaza (San Diego) — 2 locations Plaza Bonita (National City) opening soon QUESTION: Where are the other locations in San Diego County? Poway; Scripps Ranch (Mira Mesa area); Genesee; Jackson (La Mesa); Severin (La Mesa); University Avenue; North Park; Alpha Street (North Gate community);. Worthington (Spring Valley), Woodman (Paradise Valley); Rosecrans; Tierransanta; Park Terrace (Downtown San Diego) 20 The Charter School of San Diego excels at giving students the Freedom to Accelerate, the Focus to Catch Up, and the Support to Fin sl o As an organization, we currently serve 52 students from Natioal Ci 800 700 600 500 400 300 200 2012 API Score 688 4 556 538 589 581 Audeo CSSD Bounce Back MAAC Palomar Sweetwater High Community Day 30.0% 25.0% 20.0% 15.0% 1110% 5.0% 0.096 2010-2011 Dropout Rate 26.6% 15.5% 13.6% 5.3% 4.6% ■ ■ ■ Audeo CSSD BounceBadc MAAC Palomar High 1 2011-2012 The Charter School of San Diego Post -Graduation Location for Diploma Graduates ■ Four Year College/ University • Community College a Vocational College ■ MiEtary • Employment The Charter School of San Diego 2011-2012 Student Transitions 6%_ 4% 2% 3% ■ Completers ■ Public School ■ Private School ■ Adult Education 2% • Vocational/Community College • Moved -Out of State It Moved -Out of Country *Other * Whereabouts -Unknown 1% 100% 80% 60% 40% 20% 0% 2011-2012 10th Grade CAHSEE Passing Rates English -Language Arts 88% 80% 55% 50% Audeo 20% CSSD Bounce Back MAAC Palomar High 100% 80% 60% 40% 20% 0% 2011-2012 10th Grade CAHSEE Passing Rates Mathematics 85% 75% 47% 50% 24% Auden CSSD Bounce Back MAAC Palomar High The Charter School of San Diego 2011-2012 Student Ethnicity -Total Students Served (3400) • African American • American Indian a Asian • Flipino • Hispanic • Pacific Islander le Two or More IL White 2 RESOLUTION NO. 2-2013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A CHARTER SCHOOL IN WESTFIELD PLAZA BONITA SHOPPING CENTER LOCATED AT 3030 PLAZA BONITA ROAD, SUITE 1000. CASE FILE NO. 2012-25 CUP APN: 564-471-07 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a Charter School in Westfield Plaza Bonita Shopping Center located at 3030 Plaza Bonita Road at a duly advertised public hearings held on January 14 and February 4, 2013, 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. 2012-25 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 hearings held on January 14 and February 4, 2013, 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 commercial suite within a regional mall 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 and type of traffic generated by the proposed use, since the proposed use is served by both Plaza Bonita Road and Sweetwater Road, arterial streets, and since a charter school is not expected to appreciably increase the amount of traffic to the site. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained wholly within an existing building, and since the use is consistent with other uses within other shopping malls in San Diego County. 23 4. That the proposed use is deemed essential and desirable to the public convenience, since it will provide a service in need in the area among members of the community seeking to gain a high school education. 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 a Charter School for 7th to 12th Grade students within suite 1000 of the Westfield Plaza Bonita shopping center located at 3030 Plaza Bonita Road. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2012-25 CUP, dated 12/3/2012. 2. 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 Development Services Director prior to recordation. 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. 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 the Municipal Code. 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. Fire 6. The project shall be built to code. The National City Fire Department utilizes the 2010 edition of the California Fire Code and the 2010 edition of NFPA. Planning 7. The applicant shall provide proof of all local, state and/or federal permits necessary for operation of the Charter School. Proof of said permits shall be provided at time of business license issuance. 24 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 4, 2013, by the following vote: AYES: Reynolds, Baca, Pruitt, Flores, Alvarado, DeLaPaz NAYS: N/A ABSENT: N/A ABSTAIN: N/A QJoz.,—E-raz`. CHAIRPERSON 25 EXHIBIT A CASE FILE NO. 2012-25 CUP DATE: 12/3/2012 1 • t •1 111,1 141.1 1 11111 ti p$• (tilt #0k.eti ocaiwidv PENAtrr $111011"SUCOM-1,650Walcitimmismer •1,1/OW PLA7A IMINTAAVAC., toklit*AP.V. 4A—woe WU 6* POT AISDOWES 28 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT EETING DATE: February 5, 2013 AGENDA ITEM NO.16 ITEM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for the expansion of an existing church, including the construction of a new school, with a request for a reduction in off-street parking at 616 E. 8th Street. (Applicant: International Bible Baptist Church) (Case File 2012-24 CUP) PREPARED BY: !Martin Reeder, AICP DEPARTMENT: PHONE: 1336-4313 APPROVED BY: EXPLANATION: The project site is the 5,200 square -foot International Bible Baptist Church, approved in 1995. The 0.73- acre site has 36 parking spaces. Church services are on Wednesday evenings and on Sunday. The project involves a 6,500 square -foot two-story addition to the existing church, with. 5 additional parking spaces and a playground. The addition would accommodate a new mid -grade school operating Monday to Friday from 8:30 a.m. to 2:30 p.m. The church and school uses combined require 60 parking spaces. The applicant is requesting reduced off-street parking as the two uses would operate independently of each other. Planning Commission conducted a public hearing on February 4, 2013. Commissioners asked tuestions regarding conditions of approval, the number of students, noise, and existing conditions. The 3ommission voted to approve the CUP based on required findings and subject to Conditions of Approval. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: Finance APPROVED: MIS ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15332 (In -Fill Development Projects) ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: (Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: (The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, DeLaPaz, Flores, Pruitt, Reynolds ATTACHMENTS: I1. Location Map 3. Resolution No. 3-2013 2. Planning Commission Staff Report 4. Reduced Plans •E-7th• St MIN MEM 11 CD 707 717 co N co 704 727 714 O) O 0 730 tD East 8th Street MXC-2 Central Elementary School 705 716 731 211. 724 CO 740 820 840 910 920 936 East -Plaza -Blvd M XC=2- - — — Zone Bou.n.dary 111111111111111.1111 City Boundary e I Feet 0 75 150 300 APN: 556-492-24 Planning Commission Location Map 2012-24 CUP 1.23..1 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel No.: Staff report by: Applicant/Property owner: Parcel size: Zoning designation: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 5 February 4, 2013 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR THE EXPANSION OF AN EXISTING CHURCH, INCLUDING THE CONSTRUCTION OF A NEW SCHOOL, WITH A REQUEST FOR A REDUCTION IN OFF-STREET PARKING AT 616 E. 8TH STREET. 2012-24 CUP South side of East 8th St. west of Highland Avenue. 556-492-24 Martin Reeder, AICP — Assistant Planner International Bible Baptist Church 0.73 acres Major Mixed -Use Corridor (MXC-2) Auto repair and multi -unit residential across Highland Avenue / MXC-2 Commercial use / MXC-2 Central Elementary School / Institutional (I) Multi -unit residential / MXC-2 Exempt pursuant to CEQA Section 15332 (In -Fill Development Projects) BACKGROUND Site Characteristics The project site is the International Bible Baptist Church, which was approved through a Conditional Use Permit (CUP) in 1995. The church is a single story structure that is approximately 5,200 square feet in size. The parking lot has 36 parking spaces including a handicap -accessible space. The existing CUP (CUP-1995-6) limits existing church services to Sundays and Wednesday evenings. The existing church has two classrooms previously used for Sunday school classes. Proposed Use The applicant proposes to construct a 6,500 square -foot two-story addition to the existing church, add five parking spaces and add a playground. The addition would accommodate a new Kindergarten through 8th grade school that would operate Monday to Friday from 8:30 a.m. to 2:30 p.m. The church operates on Wednesday from 6:30 p.m. to 8:00 p.m. and on Sunday from 9:30 a.m. to 12:OOp.m., and from 6:00 p.m. to 7:30 p.m. The applicant is also requesting a reduction in off-street parking requirements. The existing first floor would be expanded from 5,182 square feet to 7,030 square feet, an increase of 1,858 square feet. The proposed new second story would be 5,530 square feet for a total of 12,560 square feet. The future first floor would continue to house the worship hall, offices, restrooms, multi -purpose room, and two classrooms. The layout would be redesigned and expanded, including a new elevator. The new second floor would house six classrooms and more restrooms. A portion of the second floor would straddle the driveway, which is on the west side of the property. The current parking lot layout consists of two single -loaded aisles and parking along the back of the property adjacent to Central Elementary. The proposed parking has been configured with one single -loaded aisle, one double -loaded aisle, and continues to have parking along the rear property line. The lot has 40 automobile spaces and one motorcycle space.10 of the auto spaces (25%) are compact. Analysis Land Use Code The expansion is part of an overall remodel of the church. The building does not require discretionary review and has been designed to meet all relevant design requirements (setbacks, height, etc.) Both public assembly uses (church and subsequent expansion) and schools require a Conditional Use Permit per Land Use Code requirements for MXC-2 zone. Concerns with both uses focus on parking, traffic, and noise. Analysis of these issues is conducted below. Parking and Traffic Parking for public assembly uses is required in a ratio of 1 seat per 35 square feet of seating area. This would require approximately 47 parking spaces under current standards. However, the seating area of the church is not changing; therefore, additional parking is not generally required. The original church provided the appropriate amount of parking required at that time, but is nine spaces below what would be required now. The addition of five more parking spaces brings the church more into compliance with current parking standards. Parking for schools is required in a ratio of 1.5 spaces per classroom plus 1 space per 300 square feet of office. This would result in the need for 13 parking spaces in this case. If both uses were active concurrently, this would require 60 parking spaces. However, the applicant states that the uses would be implemented independently; therefore, the need for parking based on the sum of all uses would be onerous and also would likely result in unused parking area. The Land Use Code offers opportunities for reduced parking by allowing shared parking in certain scenarios. The Code encourages parking lots for different structures or uses, or for mixed -uses, to be shared. At the applicant's request, a reduction in off-street parking spaces otherwise required by the strict application of the Code may be approved by the Planning Commission. The applicant must demonstrate that the spaces proposed to be eliminated for the subject development are unnecessary and that the reduction will not adversely affect the site or the adjacent area. Uses that are sharing the parking facility shall be a maximum of five hundred feet from the closest parking space in a lot providing the shared spaces. In this case, the applicant has stated that the uses would be mutually exclusive (occurring at different times from each other), and would therefore not need to be considered as combined with regard to parking. A Condition of Approval has been included to ensure that the uses operate separately from one another. Staff is therefore of the opinion that reducing the amount of parking would be appropriate, as the most intensive use (the church) is parked according to its approved permit. Traffic increases may be expected in the realm of 225 additional daily trips (ADT), according to SANDAG data, which assumes 1.5 ADT per student — the applicant has stated that they wish to cater to approximately 150 students. East 8th Street is an arterial street with a Level of Service (LOS) of B. Therefore, the ADT are not expected to result in significantly reduce LOS. The future LOS (year 2030) is expected to be a C, which will also be able to handle the 225 ADT. Noise The proposal includes a play area outside on the east side of the property behind the building. The applicant has stated that this would be used for physical education activities associated with the school. The closest property to the playground is a commercial center, not a sensitive use. However, the lot to the west of the church 4 property is developed with several residential buildings, some of which are within five feet of the property line. The only barrier in this location is a six-foot tall wooden fence. The original approval in 1995 required a six-foot block wall to mitigate potential noise impacts. However, a 1996 modification of the CUP reduced the requirement to the six- foot wood fence in existence now. The block wall requirement was in response to concerns from the neighboring multi -unit property owner. The modification was allowed subject to conditions requiring doors and windows to be closed to prevent noise emissions. Given that outside activities are now proposed, it may be appropriate to require a block wall — as originally approved. No communication has been received as of the writing of this report with concerns. In the absence of any concerns, conditions 13 and 14 address the fence. Condition 13 requires the maintenance of the fence to ensure it is in good repair; condition 14 requires compliance with Title 12 (Noise) of the Muni Code and states that a block wall may be required in the future should noise become an issue. The Commission may also, at its behest, modify the conditions to require a block wall at this point given the history of previous approvals. Department Comments Comments were received from the Building, Fire and Engineering Departments. Building and Fire comments focused on compliance with code requirements, including ingress/egress, sprinklers, and occupancy for educational uses; Engineering comments are related to information needed prior to issuance of construction permits (grading, hydrology, soils, best practices, etc.). Conditions are included to require compliance with all appropriate Codes and to address all comments provided. Conditions of Approval With the exception of conditions note above, there are also Conditions of Approval related to the following: • Limiting hours of operation to ensure independent operation of each use; • The multi -purpose room may not be used for services unless additional parking is provided; • No non -vehicular activities (e.g., physical education) may occur outside of designated areas (e.g., in parking spaces). There is also a condition requiring compliance with the original Conditions of Approval unless expressly noted otherwise in the current CUP. Summary The International Bible Baptist Church has been at this location for 19 years. The expansion of the church to include a school will allow the church to continue to provide spiritual services to the community and to increase access to educational opportunities. The expansion will also allow the building to be modernized and remodeled, providing a boost to the appearance of the local community. Allowing reduced parking is appropriate in this case as each use is exclusive to the other, and since parking for the most intensive use (the church) is provided for. With regard to noise, there is no real way to attenuate noise without a physical barrier such as a sound wall. However, any noise would be during normal school hours and not in the early morning or late afternoon (or night) hours. RECOMMENDATION 1. Approve 2012-24 CUP subject to the conditions listed below, based on attached findings; or 2. Deny 2012-24 CUP based on findings to be determined by the Planning Commission; or 3. Continue the item to a specific date. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions 3. Location Map 4. Site Photos 5. Public Hearing Notice (Sent to 25 property owners and occupants) 6. Notice of Exemption 7. Applicant's Plans (Exhibit A, Case File No. 2012-24 CUP, dated 12/17/2012) MARTIN REEDER, AICP Assistant Planner 6 RECOMMENDED FINDINGS FOR APPROVAL 2012-24 CUP — 616 East 8th Street 1. That the site for the proposed use is adequate in size and shape, since the expansion of the building can be achieved within the design criteria required by the Land Use Code, and since the use is consistent with other uses in the area. 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 educational use is expected to produce 225 ADT (additional daily trips), which can be handled by East 8th Street — an arterial — operating at LOS B or C. 3. That approval of a reduction in parking based on a shared parking scenario is warranted, since the two uses are mutually exclusive and would not occur at the same time; therefore, not needing to provide parking for both uses simultaneously. 4. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the majority of the use will continue to be indoors and that Conditions of Approval address potential noise issues from outside activities to mitigate or avoid these issues. 5. That the school is deemed essential and desirable to the public convenience and welfare, since it will provide additional education opportunities for elementary and middle school age children in National City. RECOMMENDED CONDITIONS OF APPROVAL 2012-24 CUP — 616 East 8th Street General 1. This Conditional Use Permit authorizes a 7,388 square -foot addition to an existing church, including a 6-classroom K-8 school, with a reduction in required parking at the International Bible Baptist Church located at 616 East 8th Street. Except as required by Conditions of Approval, all plans submitted for permits associated with this project shall conform with Exhibit A, Case File No. 2012-24 CUP, dated 12/17/2012. 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. 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 Executive 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 Executive Director prior to recordation. Engineering 5. A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. 6. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 8 7. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations. 8. All surface run-off shall be treated with an approved Non-SUSMP Standard Permanent Storm Water Best Management Practice (BMP). No runoff will be permitted to flow over the sidewalk or driveway. Adjacent properties shall be protected from surface run-off resulting from this development. 9. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Department. 10.A sewer permit may be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right- of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 11.A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of Engineering Department requirements. 12.AII existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 13.A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 14.A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 15.A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 16. The existing sewer lateral(s) to the property shall be videotaped to determine the serviceability of the line. If the line needs to be replaced a sewer permit will be required. 17. The legal description of the property is not correct as shown on the title sheet. The property contains the Easterly 70 Feet of Lots 6 thru 10 of block 3 of Map 57 and Streets closed. Fire 18. Plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of the National Fire Protection Association Codes and Standards. 19.AII fire alarm, fire sprinkler, occupancy, and exiting plans shall be consistent with Fire Code requirements for an educational facility. Building 20. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. Plans shall include seismic and wind load information for all awnings, fencing, and decorative/screening material to be installed on the roof. Planning 21. Unless otherwise specified by Conditions of Approval, all conditions contained in Planning Commission Resolution 14-95 shall continue to be in force. 22. Hours of operation for the school shall be limited to 8:30 a.m. until 2:30 p.m. Monday through Friday. Hours of operation for the church shall be limited to 6:30 p.m. until 8:00 p.m. on Wednesdays, and from 9:30 a.m. until 12:00p.m. and from 6:00 p.m. to 7:30 p.m. on Sundays. 23. No school services shall be offered during the same operating hours of church services and other group activities. The uses shall remain mutually exclusive in an effort to continue to provide adequate parking for each use. 24.The multi -purpose room shall not be used for church services unless additional parking is provided commensurate with Land Use Code standards for public assembly use. 25.AII parking spaces and driveway areas shall be permanently reserved for vehicle access and parking. Any non -vehicular activities (e.g., physical education) shall be conducted inside the building or within designated play areas. 26.The wood fence along the west property line shall be brought into good repair. All broken or warped boards shall be replaced and leaning posts shall be reset. 10 27.AII activities occurring on the site shall comply with Title 12 (Noise) of the National City Municipal Code. In the event that an inordinate number of complaints are received from neighboring residential uses due to outside activities (e.g., playground, physical education), the Planning Department may require that a minimum six-foot high block wall or other noise -reducing medium be constructed to alleviate noise issues. 28.AII temporary structures must be removed from the property prior to occupancy of the expansion. 11 2012-24 CUP —Intl. Bible Baptist Church —School — Site Photos Existing church along 8th Street looking west Driveway and perimeter fence looking north 12 Parking lot looking south 13 CITY OF NATIONAL CITY -PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR THE EXPANSION OF AN EXISTING CHURCH, INCLUDING THE CONSTRUCTION OF A NEW SCHOOL, WITH A REQUEST FOR A REDUCTION IN OFF-STREET PARKING AT 616 E. 8T" STREET. CASE FILE NO.: 2012-24 CUP APN: 556-492-24 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, February 4, 2013, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: International Bible Baptist Church) The proposal includes constructionof a 6,500 square -foot two-story addition to an existing church, additional parking spaces, and a playground. The addition would accommodate a new K-8th grade school that would operate Monday to Friday from 8:30 a.m. to 2:30 p.m. The applicant is also requesting a reduction in off-street parking requirements. Information is available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Department on or before 12:00 p.m., February 4, 2013, who can be contacted at 619-336-4310 or planninaanationalcitvca.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 BRAD RAULSTON Executive Director 14 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: 2012-24 CUP Project Location: 616 East 8th Street, National City, CA 91950 Contact Person: Martin Reeder, AICP Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for the expansion of an existing church including a new school in a new second story addition. Applicant: International Bible Baptist Church. c/o: Benjamin Plata 616 East 8th Street National City, CA 91950 Telephone Number: (619) 274-1833 Exempt Status: Categorical Exemption. Class 32 Section 15332 (In -Fill Development) Reasons why project is exempt: The project is in -fill development that is consistent with the City's General Plan and other applicable regulations. The site is less than five acres and has no habitat located upon it. The project would not result in significant effects to traffic, noise, air or water quality, and would be adequately served by existing utilities. Date: MARTIN REEDER, AICP Assistant Planner 15 INTERNATIONAL BIBLE BAPTIST CHURCH &ACADEMY "The Pillar and Ground of the Truth and a House of Prayer" - Pastor Benjamin N. Plata • ... ye shall be witnesses unto me both in Jerusalem, and in all Judea, and in Samaria, and unto the uttermost part of the earth." ACTS 1:8 616 E 8th Street, National City, CA 91950 Ph. (619) 477-9151- Fax. (619) 477-9122 16 The !BBC building project will result in the construction of a new school building, improved church facade, an onsite recreation facility and parking space, among other things. The new building is a two -storey school facility which will be the new site of our school, the International Bible Baptist Academy (IBBA). Classrooms will be built to accommodate an estimated 150 enrollees. Students from ages K2 and below will be housed at the ground floor. A cafeteria, an elevator, science laboratory and sprinkler system are some of the provisions in the building plans that will be constructed. Additionally, an outdoor playground, space for Physical Education classes and a new parking lot will be provided, which are also in fulfillment of the city's requirements for the school. Although there will be educational activities, they will not pose a conflict in the conduct of other regular services offered by the church inasmuch as the classes are held during weekdays from 8:30AM till 2:30PM. On the other hand, church services are held on Sundays and at 6:30PM on Wednesday. IBBA follows the Accelerated Christian Education (ACE) curriculum. Under the ACE, a high degree of academic knowledge is presented with the incorporation of Scripture and Biblical principles. The curriculum has a strong emphasis on love for country, humanities, mathematics, and sciences — both theoretic and applied. This curriculum should lead students to grasp the foundations of learning so that they will lead a life honestly and confronting Iife's problems and challenges confidently, and contributing to the welfare of society under God. We pass on a faithful Christian heritage as a way of life. We also plan to provide better facilities.. Our tuition fee charges are the lowest for a private school in the locality. And God willing, with the support of the various grants that we have applied for, we will realize our vision of offering free private education to the community that we serve. The church.has peacefully served the community for 19 years. Now is the opportune time for expansion and endow future generations with quality facilities to carry out our mission and pass on our DNA of peace and justice, spirituality and community to future generations. "Except the LORD build the house, they labor in vain that build it:" (Psalm 127:1) 17 RESOLUTION NO. 3-2013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF AN EXISTING CHURCH, INCLUDING THE CONSTRUCTION OF A NEW SCHOOL, WITH A REQUEST FOR A REDUCTION IN OFF-STREET PARKING AT 616 E. 8TH ST. CASE FILE NO. 2012-24 CUP APN: 556-492-24 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the expansion of an existing church, including the construction of a new school, with a request for a reduction in off-street parking at 616 E. 8th Street at duly advertised public hearing held on February 4, 2013, 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. 2012-24 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, Califomia, that the testimony and evidence presented to the Planning Commission at the public hearing held on February 4, 2013, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the expansion of the building can be achieved within the design criteria required by the Land Use Code, and since the use is consistent with other uses in the area. 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 educational use is expected to produce 225 ADT (additional daily trips), which can be handled by East 8th Street — an arterial — operating at LOS B or C. 3. That approval of a reduction in parking based on a shared parking scenario is warranted, since the two uses are mutually exclusive and would not occur at the same time; therefore, not needing to provide parking for both uses simultaneously. 4. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the majority of the use will, continue to be indoors and that 18 Conditions of Approval address potential noise issues from outside activities to mitigate or avoid these issues. 5. That the school is deemed essential and desirable to the public convenience and welfare, since it will provide additional education opportunities for elementary and middle school age children in National City. 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 a 7,388 square -foot addition to an existing church, including a 6-classroom K-8 school, with a reduction in required parking at the International Bible Baptist Church located at 616 East 8th Street. Except as required by Conditions of Approval, all plans submitted for permits associated with this project shall conform with Exhibit A, Case File No. 2012-24 CUP, dated 12/17/2012. 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. 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 Executive 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 Executive Director prior to recordation. Engineering 5. A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. 6. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the `Priority 19 Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 7. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations. 8. All surface run-off shall be treated with an approved Non-SUSMP Standard Permanent Storm Water Best Management Practice (BMP). No runoff will be permitted to flow over the sidewalk or driveway. Adjacent properties shall be protected from surface run-off resulting from this development. 9. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Department. 10.A sewer permit may be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right- of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 11.A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of Engineering Department. requirements. 12.All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 13.A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 20 14.A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 15.A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 16.The existing sewer lateral(s) to the property shall be videotaped to determine the serviceability of the line. If the line needs to be replaced a sewer permit will be required. 17. The legal description of the property is not correct as shown on the title sheet. The property contains the Easterly 70 Feet of Lots 6 thru 10 of block 3 of Map 57 and Streets closed. Fire 18. Plans submitted for construction shall comply with the 2010 edition of the Califomia Fire Code and the 2010 edition of the National Fire Protection Association Codes and Standards. 19.AII fire alarm, fire sprinkler, occupancy, and exiting plans shall be consistent with Fire Code requirements for an educational facility. Building 20. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. Plans shall include seismic and wind load information for all awnings, fencing, and decorative/screening material to be installed on the roof. Planning 21. Unless otherwise specified by Conditions of Approval, all conditions contained in Planning Commission Resolution 14-95 shall continue to be in force. 22. Hours of operation for the school shall be limited to 8:30 a.m. until 2:30 p.m. Monday through Friday. Hours of operation for the church shall be limited to 6:30 p.m. until 8:00 p.m. on Wednesdays, and from 9:30 a.m. until 12:00p.m. and from 6:00 p.m. to 7:30 p.m. on Sundays. 23. No school services shall be offered during the same operating hours of church services and other group activities. The uses shall remain mutually exclusive in an effort to continue to provide adequate parking for each use. 24.The multi -purpose room shall not be used for church services unless additional parking is provided commensurate with Land Use Code standards for public assembly use. 25.AII parking spaces and driveway areas shall be permanently reserved for vehicle access and parking. Any non -vehicular activities (e.g., physical education) shall be conducted inside the building or within designated play areas. 21 26.The wood fence along the west property line shall be brought into good repair. All broken or warped boards shall be replaced and leaning posts shall be reset. 27.AII activities occurring on the site shall comply with Title 12 (Noise) of the National City Municipal Code. In the event that an inordinate number of complaints are received from neighboring residential uses due to outside activities (e.g., playground, physical education), the Planning Department may require that a minimum six-foot high block wall or other noise -reducing medium be constructed to alleviate noise issues. 28.AII temporary structures must be removed from the property prior to occupancy of the expansion. 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 4, 2013, by the following vote: AYES: Rgynolds, Baca, Pruitt, Flores, Alvarado, DeLaPaz NAYS: N/A ABSENT: N/A ABSTAIN: N/A CHAIRMAN 22 va 1 Era Ira EAST 8TH ST. SITE PLAN SCALE • ,Of . 20,47 VICINITY MAP PROJECT DATA A.P.N.: APP. 666-I82.14-00 LEGAL DESCRIPTION: BLCCK sf LOT 24, MAP 65383 ZONING DATA: :ahem M¢Z MOOR lampaSE CoRECciu EIEL nax. BUM. 4ESACIM STREET d . IP.PT a MD 510Ry 011ER N • NONE 011ER ADJ. 10 SAME A6 ADL M&K RB3. :ME 1E5. ZCSE 51RIE1 MALL NBCAP LMIT FLOOR AREA RAID. RAKE USE FLOOR AREA RAID. MIXED USE PARKKe SETBACK ADJ. TO 61REET 15 4 • 100 3 1611E . 65' MP 5 S101MS NOM •25 1AE .35 Id •RGME SQUARE FOOTAGE 811 RCM Ewe1143 • SR660R. 434 • IEN_kIe. T01AL 1036 AR Ft PO RACR IFe . aan6 Asft LCatAL V,66660 IT, PARKING REQUIREMENT DM. Pr6Rw moms . R EMCEE SCOWL, K41F AT aMDIXE • U PARKER SPACE PER CLANIDal •6 GLAl * XIS•!WAGES TOTAL . S1. E • 6 ',MANS MAOe6 SECURED 10 papa* SPACE 3m.t D LEGEND: . /d AREA CP IN 510181. ADDISON AEEA OF )O STORY ADMAN OWNER: MINABIASE elate eAFSSt CMICH PASTOR eel PLATA UMe1411-5411 *L MAEM ADC E6k 616 EAST 681 ST NATIONAL cm, u fabe EXHIBIT A CASE FILE NO. 2012-24 CUP DATE: 12/17/2012 SCOPE OF WORK: COMM EIAO 10 NAME YSDl MD1e1RCRAL SEE O 6CLICOL OCR XEDBE ELEMBItAf110 E1•IRMC411E A00 6 C AIER205 4 MEMOIR Al TTR POOR. MODE STARE LEA0W 10AD ROOF. IIENtIVA1E RA6I1.01 At St Roars BtAmi EXi61Ep C14161.1148 E AW 1111-1t1111.0aL YEA BIRO FDyea/ MUMS 10 RE 9RDEG. 134101a 590143 FACADE FILE coPY Rowe 6wNy. ded55 4Mal�v, I66n aJ enwgwmMi as Me at.," ...arty el SW* 6 wd Om anted 6k Massa fa tlssulhor8 =Mudw me. RAIR2 anMod an Eew Rameat RA NWed nya Mae, N any pawn Oar a- aryvotw Ia my pgme •Eiwl 6e mama stM mwnl al Ua designs. Ra+ubote 616 EAST 8TH ST. NATIONAL CITY Checked E3 P'01 R 09I4-I] .111111.111W- - A0.1 COVER SIIT./PROJ. 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OCCUPANCY LOAD I OT MOD • OP EXITS 500)1RE0 NUMe0+ OF O0GIPA MTS 00' EXIT DIRECTION (SEE ELECTRICAL FLANS FOR EAT SION A6 MERV TOTAL OCCUPANTS LOAD - EAT MIIR= DOOR/STAIR PIMP - GETHSEMANE BIBLE BAPTIST CHURCH 616 EAST 8TH ST. NATIONAL CITY Don .alitimiA ONIFO ® art 202 wasoms A1.5 6 1ST FLOOR ECRIPRR PLAN of Sleets STAIR 2 209 STAIR 208 < 5000 9El oW SCIENCE CLASSROOM 201 B 422 422/S0 9 OCC. 2 CLASSROOM 202 B 422 SF 42220 21 OCC. I EXIT FECe0 CLASSROOM #5 203 B 422 SF 422/20 21 OCC. I DST ROD R ES' VIU 0 207 ESTROON s2i .NN. EXISTS* ROCF DELAN CLASSROOM 204 B 102 SF 102/20 33 OCC. I EXR REYib HALL EXISTS* ROOF BELCH CLASSROOM 7 205 13 102 SF 10220 35 OCC. (. IEXR REVD 2ND FLOOR EGRESS PLAN 6GR.e . Ur . r-a CLASSROOM 206 B 102 SF 102/20 35 OCC. 024T READ Aer STAIR 3 210 105 53 EGRESS ACCESS NOTES L POOPS TO OE OP5VRE FROM Sete 111,flr USE OP A KEY OR ANY SPECIAL 0C,taSE OR 13TORT M THE ORt11 0OF TE PATH CP TRAVEL 2 MAN ewer coos TO ReN1 UILCASO ROMS RRMIAR RO MS IbUR. NO SHAM HAVE A SW POSTED 11104151D MAO TM DOM TO RSMIN UICCKST CURIO eePESS HOPS.' S. ACCESSORY USE AREAS 1E OATPGO.S. REG.4 19.TIOIE ROOMS, STARS LGRNER NE Rear MUSED IR OOMTSOIS THE TOTAL OCOPNR LOAD LP TE R0.OMS RR Sac. Saw 1006222E 4. dare LE.IL ARP -AS GESIIINATED AS EST OSONM42 CatTroleRTS POR A MRD1E SHALL Se PeQ4141NTLY M TITAIEe. 010E MESS SELL NOT ll DE11ROP®OR OTIVISSM ALTERED TOR OAPACDY 10 PROVIDE F011 C0111RCIOIS, Ut1SRe01® ND LI1R0YN®1ENe OP IMAMS POR TIE RI.DIS OGPIPAW. 1 Sex MIMS Nee SOLD WEEPS OINT OP TEE MDRI6 THEY WRVS, AN [MT OS01ARde 001RY116 NTH M PERARE 0O6 DP 6aT0N 1006 0W4.L BE FROM® PLR THE S MEWS OP !Slaw SHALL ae IL,M IATED. PROJDE MEANS OF EXIT LU1d11ATIOM THAT RA5 A Mom. 1T9m11Y Or NOT Reed TON 014 PQT! CABLE AT 11E M10GR LEJi PCP KM INC *540 07 ElQee LLMMATIoN SOIL SE RePA ED SC TK PRSISES El0c1RIGN. SPPLY, ND ET A SELF calEARIss POSER SOIREE. SEE Sl0TRIOAL A. S6r SEES SIW.L Or LOGA10D A61696ARY TO CLEARLY SCRAM Ile DIRECTION OP BRIMS TRAWL EMT S16114 SSW. LE NEARLY • ISIB.E FROM ARC OROYTNIN 0P APPROACH. Ans droalra. Cease AMA. 144a4 fmnsentnte as de w6.1e Pwprh el Sbdo a .a were created eS Ridged I. Meculheis m *0 me l%INN **eked m Mew dmmnte 1441 M aged Sr or d•lead b wry eenm, in re eerp.atln 0. MY arson ,.l_ Be .pen *Men enrol el he Asses. EGRESS PLAN LEGEND m ■ mom • nm 1-14OAR RA1E0 PLAIJ- 20 MIN. DOORS ■ e ■ o 2-HOUR RATED YSALL SO MIN. DOORS EMT S16N L16NTIN6 elXTIRE OGGUPANGY CLASS 0-2 )00( LEF 1SAaLE SQUARE POOTASE 1 000. 000UPANGY LOAD I DOT R[GD I OF EXITS REDVIRED RAVER or G004PANTS 00" BST DIFIEGTON SEE E0GTRIGAL PLANE Pap EMT 510E AS REDD) TOTAL OGOa'N1P3 LOAD ON EXIT ROAM DOOR/STAIR MTH - MC14 GETHSEMANE BIBLE BAPTIST CHURCH (5604*d E A1.6 2ND FLOOR EGRESS PLAN 0 ,haste Z£ 3A111asppppipe_ NOIIVARla ?Wall /\ • • ■ ■ FI N 2 m 97• GETHSEMANE BIBLE BAPTIST CHURCH NOLLVAaha ZNO2I3 616 EAST 8TH ST. NATIONAL CITY CA 91950 H (!.) 3ra zrs ra 1 i 041 i i iD41t i -44111 w• I I ■II zrg 4.1 PIO k6%� H J • 0 1 ££ NOLIVArJa IdW'I 1 1-71 t-- 0 J :::. 7,. cnnnnnon venm_ tar GETHSEMANE BIBLE BAPTIST CHURCH NOIIVATZE IH JRI 616 EAST 8TH ST. NATIONAL CITY CA 91950 ;I1 chlNitoo Y Mir qZwf FilitiR Vp CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT �EETING DATE: February 19, 2013 ITEM TITLE: City of National City Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 20121 AGENDA ITEM NO.117 PREPARED BY: Mark Roberts DEPARTMENT: Financ /A®dmin. rative Services PHONE: 619-336-4266 APPROVED BY: i?% lGat.. EXPLANATION: Transmitted herewith is the City of National City's Comprehensive Annual Financial Report for the fiscal year ended June 30, 2012 prepared by our external auditors, Mayer Hoffman McCann, P.C. The report includes all agencies under the control of the City Council, including the Successor Agency (now reported as a fiduciary fund). The auditors have conducted their examination of the financial statements in accordance with generally accepted auditing standards and expressed a clean opinion of those statements. The Comprehensive Financial Report was completed and will be posted on the City's website in •ebruary 2013. Copies may also be viewed in the City Clerk's office or the National City Public Library. FINANCIAL STATEMENT: APPROVED: �� Finance ACCOUNT NO. I APPROVED: MIS N/A ENVIRONMENTAL REVIEW: NIP ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Accept and file. BOARD / COMMISSION RECOMMENDATION: IN/A «TTACHMENTS: omprehensive Annual Financial Report as of June 30, 2012 • • Mayer Hoffman McCann F.C. An Independent CPA Firm 2301 Dupont Drive, Suite 200 Irvine, California 92612 949-474-2020 ph 949-263-5520 fx www.mhm-pc.com City Council City of National City, California We have audited the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City of National City ("City") for the year ended June 30, 2012, and have issued our report thereon dated January 28, 2013. Professional standards require that we provide you with the following information related to our audit. Our Responsibilities under U.S. Generally Accepted Auditing Standards, Government Auditing Standards and OMB CircularA-133 Our responsibility, as described by professional standards, is to express opinions about whether the financial statements prepared by management with your oversight are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles. Our audit of the financial statements does not relieve you or management of your responsibilities. In planning and performing our audit, we considered the City's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinions on the financial statements and not to provide assurance on the internal control over financial reporting. We also considered internal control over compliance with requirements that could have a direct and material effect on a major federal program in order to determine our auditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordance with OMB Circular A-133. As part of obtaining reasonable assurance about whether the City's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grants, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit. Also in accordance with OMB Circular A-133, we examined, on a test basis, evidence about the City's compliance with the types of compliance requirements described in the "U.S. Office of Management and Budget (OMB) Circular A-133 Compliance Supplement" applicable to each of its major federal programs for the purpose of expressing an opinion on the City's compliance with those requirements. While our audit provides a reasonable basis for our opinion, it does not provide a legal determination on the City's compliance with those requirements. Audit fieldwork was substantially completed by November 2012. We performed the audit according to the planned scope and timing previously communicated to City Council. Professional standards also require that we communicate to you the following information related to our audit. Significant Audit Findings We have noted certain deficiencies in internal control that we consider to be material weaknesses in a separate letter dated January 28, 2013. ?i lT3C•'Of' c'S[6l`i'iri[ 4179`.r�t%,Y'- ^y JfJ3a`7EcNNJii"']f ill(iG"j ''�L� i ld?°i'UL Y�F i t;'I^:"r� City Council City of National City, California Page Two Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. We will advise management about the appropriateness of accounting policies and their application. The significant accounting policies used by City are described in Note 1 to the financial statements. No new accounting policies were adopted during the fiscal year ended June 30, 2012. We noted no transactions entered into by the governmental unit during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. Examples of judgments and estimates reflected in the City's financial statements and disclosures include: • Judgments concerning which capital projects represent ordinary maintenance activities necessary to keep an asset operational for its originally intended useful life versus significant improvement, replacement, and life extending projects that should be capitalized as additions to capital assets. • Estimates involving revenues and expenses to be accrued as of year end. • Estimates of liabilities for claims and judgments. We evaluated the key factors and assumptions used to develop these estimates in determining that they are reasonable in relation to the financial statements taken as a whole. We noted no estimates made by management that we consider to be particularly sensitive. Difficulties Encountered in Performing the Audit We encountered no significant difficulties in performing and completing our audit. Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. The following material misstatements detected as a result of audit procedures were corrected by management: • Adjustment made to notes receivable balances. • Adjustments made to write off accounts receivables • Adjustments to remove deferred revenue • Adjustments to record fixed assets • Adjustments to land held for resale • Adjustments to record Successor Agency funds on full accrual basis of accounting City Council City of National City, California Page Three Disagreements with Management For purposes of this letter, professional standards define a disagreement with management as a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter dated January 28, 2013. Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the governmental unit's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the governmental unit's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. This information is intended solely for the use of the City Council and management of the City of National City and is not intended to be and should not be used by anyone other than these specified parties. gar ti un lit 6,04 t c" Irvine, California January 28, 2013 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 19, 2013 AGENDA ITEM NO. 3,i8 ITEM TITLE: Staff Report: Mid -Year Fiscal Year 2012-13 Budget Update PREPARED BY: Mark Roberts DEPARTMENT: AdminitrativeeS�Se//rvices/Finance PHONE: 036-4265 EXPLANATION: Please refer to attached staff report. APPROVED BY: FINANCIAL STATEMENT: APPROVED: �-�"vl Finance ACCOUNT NO. APPROVED: MIS If all recommendations are approved, the net impact of budget adjustments would increase appropriations $99,422, and the City's Contingency Reserve would increase $2,025,274 to $9,085,066, 24.2% of budgeted General Fund operating expenditures. ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Accept the staff report as presented. Adopt the recommendations in the staff report. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff Report City Council Staff Report February 19, 2013 ITEM Staff Report: Fiscal Year 2012-13 Mid -Year Budget Review BACKGROUND Consistent with historic practice, staff brings forward a mid -year review of the City's operating budget. The intent of this report is to review activities to date, including a close out of the prior fiscal year, a review of the first half of the current fiscal year, and a revised projection of revenues and expenditures for the second half of the fiscal year. In addition, the report recommends two budget adjustments, and discusses significant financial events and activities affecting the City. This report represents the second budget report of the fiscal year. A 1st quarter report was presented on October 16, 2012, consistent with the staffs commitment to provide quarterly reports on the status of the budget in keeping with the strategic plan objective of fiscal transparency. DISCUSSION Close Out of Fiscal Year 2011-12 One of the major activities in the first half of the fiscal year has been the closing of the books for the prior fiscal year and completion of the comprehensive annual financial report ("CAFR''), which will be presented to Council as a separate item on this agenda. As a result of City Council's strong fiscal discipline and leadership, as well as a recovering economy, the City's General Fund reserves have grown, with total fund balances increasing nearly $4.4 million to $17.9 million from June 30, 2011 to June 30, 2012. Revenues plus transfers in during FY 2011-12 totalled $39.5 million, $2.1 million above budget, while expenditures and transfers out combined were $35.1 million, $4.9 million less than estimated. The General Fund's Spendable Fund Balance includes four subcategories: o Restricted Fund Balance — amounts that can only be spent for specific purposes by a binding legal document. Page 2 Staff Report —Fiscal Year 2012-13 Mid -Year Budget Review February 19, 2013 o Committed Fund Balance — amounts that can be used only for the specific purposes determined by a formal action of the City Council. o Assigned Fund Balance — amounts that are designated by the City Council not requiring a formal action (this authority has been delegated to the City Manager). o Unassigned Fund Balance — the remaining spendable amounts. The Unassigned fund balance grew approximately $3.6 million to more than $10.7 million, primarily due to personnel savings and revenues exceeding the totals budgeted; however, $911,581 of the growth is attributed to funds distributed to the City as a taxing entity from the true -up payment of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency ("Successor Agency") and $712,337 to FY 2011-12 encumbrances carried forward. The $911,581 is being held pending outcome of litigation regarding the legality of the true -up requirement. Adjusting for these amounts, the City's unassigned fund balance, upon which the Contingency Reserve is based, would be $9.1 million, 24.2% of FY 2012-13 budgeted (General Fund) operating expenditures. First Half of Fiscal Year 2012-13 Based on year-to-date actual revenues and expenditures and anticipated activities through year- end, the General Fund is projected to end the year with an increase in fund balance of approximately $973,700 over that of June 30, 2012. The expected increase results from a combination of higher than budgeted revenues and expenditure savings, primarily in personnel compensation. Revenues The General Fund's primary sources of revenue are sales and property taxes. The table below compares revenues from July 1 through December 31 of the current fiscal year to those of the same period of the prior fiscal year. Mid -Year Revenue Comparison Revenue Source As of 12/31/11 As of 12/31/12 Difference Sales Tax $ 3,237,677 $ 3,808,463 $ 570,786 Prop D Tax 3,232,681 3,053,857 (178,824) Property Tax 700,854 723,853 22,999 Property Tax in Lieu of VLF' - - - Property Tax in Lieu of Sales Tax' - - - Other Revenue 3,469,243 2,958,440 (510,803) Total $ 10,640,455 $ 10,544,613 $ (95,842) Revenues are received twice per fiscal year, in January and May. During the first six months of the current fiscal year, General Fund revenues totalled $10.5 million, only slightly below the same period last year. Sales tax receipts outpaced those for the same period of the prior fiscal year by $570,786 due to stronger than expected retail sales. Page 3 Staff Report —Fiscal Year 2012-13 Mid -Year Budget Review February 19, 2013 However, Proposition D (or "District") Taxes, the distribution of which is based upon the location and/or residence of the purchaser for automobile and certain durable goods sales, rather than the point of sale, and, therefore, do not always "track" sales taxes, are $178,824 below last year, with cross -jurisdictional purchases of durable goods by National City businesses and individuals subsiding. As discussed in the first quarter budget status report, the "Other Revenue" difference is attributed to the $830,000 of one-time revenue received in the first quarter of FY 2011-12 from the San Diego Unified Port District for the aquatics center project. Adjusting for this amount, fiscal year- to -date total revenues exceed those of the prior year by $734,158. Based upon the above and other historical data, input from the City's sales tax consultant, and information from State of California and San Diego County sources, staff projects overall year- end General Fund revenues to exceed the adjusted budget by approximately $902,600. Fiscal Year -End Revenue Projections Revenue Source Adjusted2Budget Projected Variance Sales Tax $ 10,567,101 $ 11,023,571 $ 456,470 Proposition D Tax 9,410,000 9,192,000 (218,000) Property Tax 1,537,243 2,061,748 524,505 Property Tax in Lieu of VLF 4,931,260 5,121,839 190,579 Property Tax in Lieu of Sales Tax 3,522,366 3,415,323 (107,043) Other Revenue 9,413,138 9,469,264 56,126 Total $ 39,381,108 $ 40,283,745 $ 902,637 "Other Revenue" includes adopted budget total, plus San Diego County Law Enforcement Foundation grant ($3,380, body armor) and donations from Sycuan Casino ($3,000, fireworks) and San Diego Unified Port District ($25,000, 125lb anniversary celebration) In addition to the positive effect on sales tax revenues from the aforementioned growth in retail sales, property taxes for FY 2012-13 have increased in conjunction with a 3.86% increase in assessed valuations, instead of remaining flat, as was assumed in the budget. Further raising property tax revenue expectations, the City received an unanticipated distribution of property tax revenues of $254,950 in January 2013, following the State's review of the Successor Agency's obligations for the January through June, 2013 period, which deemed a portion of the property tax balances in the Successor Agency's account to be residual. Proposition D (or "District") Taxes are expected to fall short of the budgeted estimate with the above -referenced subsiding of out -of -district durable goods purchases. Changes in Property Tax in Lieu of Vehicle License Fee ("VLF") revenues are tied to the change in assessed value. The current budget assumed no growth over FY 2011-12 actuals in this category, but the revenue is now projected to exceed budget by $190,579 or 3.86%, in direct correlation to assessed valuations. Regarding Property Tax in Lieu of Sales Tax, the projected amount is based on calculations released in August by the State Department of Finance ("DoF"), replacing the slightly higher estimate provided by the City's sales tax consultant during preparation of the current fiscal year budget. The DoF's calculation incorporates an estimated value of the reduction in the general purpose sales and use tax rate from 1 % to 0.75% for the current budget year and a "settle -up" adjustment based on prior -year actuals. Finally, the projected "Other Page 4 Staff Report —Fiscal Year 2012-13 Mid -Year Budget Review February 19, 2013 Revenue" increase from budget is the net of anticipated variances in several individual accounts. Staff will be further reviewing these accounts through the remainder of the fiscal year and will provide updates in the 3rd quarter budget report. Expenditures As of December 31, 2012, General Fund expenses totalled $16.9 million compared to $15.8 million recorded for the same six month period last fiscal year. Mid -Year Expenditure Comparison Expenditure Type As of 12/31/11 As of 12/31/12 Difference Personnel Services $ 10,748,752 $ 11,153,732 $ 404,980 Maintenance & Operations 1,713,329 1,599,632 (113,697) Other Expenditures 3,367,075 4,151,658 784,583 Total $ 15,829,156 $ 16,905,022 $ 1,075,866 The increase in personnel services is attributed to multiple factors, primarily contractually obligated cost of living adjustments, the filling of critical vacancies, and the transfer of salaries from the former redevelopment agency to the General Fund. The decrease in maintenance and operations expenses likely is the result of timing differences of obligations and processing from year to year, as well as fiscal discipline. At the mid -year point, however, it is difficult to ascertain the extent or proportion to which these factors apply, and requires ongoing analysis as the year progresses. "Other Expenditures", which consists of capital projects and transfers to internal service funds, is largely due to timing of the posting of capital expenses. Staff is projecting actual expenditures to end the fiscal year at nearly $1.1 million below budget. Recent historical data and current spending trends suggest this is a conservative estimate. Fiscal Year -End Expenditure Projections Expenditure Type Adjusted3Budget Projected Variance Personnel Services $ 25,866,701 $ 24,794,516 $ (1,072,185) Maintenance & Operations 4,126,368 4,126,368 - Other Expenditures 8,692,602 8,692,602 - Total $ 38,685,671 $ 37,613,486 $ (1,072,185) adopted budget total, plus budget amendments, and encumbrances and capital projects appropriations carried forward from previous fiscal year(s) While personnel costs for the first half of this year are greater than for the same period last year, a savings of $1.07 million, compared to budget, is expected to result from savings related to vacant authorized positions. Although currently on pace to end the year up to $200,000 below budget, Maintenance & Operations is conservatively projected to be in line with its budget, as are (combined) other expenditures. As indicated above, further review is necessary and will be conducted for the 3rd quarter budget report. Page 5 Staff Report —Fiscal Year 2012-13 Mid -Year Budget Review February 19, 2013 Transfers In/Out While technically not revenues and expenditures (and, hence, not shown above), transfers in and out of the General Fund contribute to fund balance increases and decreases, respectively. Transfers out from the General Fund are expected to be less than budget by approximately $232,500, representing a savings to the General Fund. The savings results from an increase in the property tax revenues allocated to the Library and Parks Maintenance funds, which will, in turn, reduce the operating subsidies necessary for those funds. Transfers in are not expected to deviate. Net Impact on Fund Balance Combining the above revenue and expenditure projections with expected transfers in and out results in an anticipated fund balance gain of $973,727, as compared to the budgeted usage of $1,233,582, a net difference of $2,207,309. Fund Balance Change — Budget vs Projected Adjusted Budget Projected Variance Revenues $ 39,381,108 $ 40,283,745 $ 902,637 Transfers In 120,612 120,612 - Total Revenues & Transfers In $ 39,501,720 $ 40,404,357 $ 902,637 Expenditures $(38,685,671) $(37,613,486) $ 1,072,185 Transfers Out (2,049,631) (1,817,144) 232,487 Total Expenditures & Transfers Out $(40,735,302) $(39,430,630) $ 1,304,672 Fund Balance Retained/(Used) $ (1,233,582) $ 973,727 $ 2,207,309 Beginning Fund Balance $ 17,916,938 $ 17,916,938 - Ending Fund Balance $ 16,683,356 $ 18,890,665 $ 2,207,309 Budget Adjustments During the mid -year budget review process, departments are afforded an opportunity to submit supplemental appropriation requests based upon actual or projected budgetary impacts not anticipated during the annual budgeting process. As a result of this process, two budget adjustments are recommended. Page 6 Staff Report —Fiscal Year 2012-13 Mid -Year Budget Review February 19, 2013 Expenditure Adjustments 1. Fire Department — Heartland Communications Facility Authority ("HCFA"): $79,423 At its meeting of December 12, 2012, the City Council of the authorized the Mayor sign a letter of intent for the City to withdraw from the Heartland Communications Facility Authority ("HCFA"), a Joint Powers Authority providing fire, rescue, and medical aid dispatch services for it member partners. As a member of the HCFA, the Fire Department has incurred liabilities related to program hardware and software and dispatcher pensions (Ca1PERS side fund supplemental assessment), the total present value of which is $79,423. 2. Engineering — Underground Storage Tank Monitoring: $19,999 The City of National City and the San Diego County Department of Environmental Health have agreed that the City will establish a self -replenishing account and appropriate to it $19,999 for underground storage tank monitoring expenses to ensure "environmental compliance". Adding these recommended adjustments will decrease the projected retained fund balance by $99,422 to $874,305, resulting in an ending fund balance of $18,791,243. CONCLUSION As discussed, the closing figures for FY 2011-12 were much stronger than previously projected, and although City Council authorized the use of up to $2.3 million in reserve funds to balance the FY 2011-12 budget, reserves (i.e., fund balances) were not only retained, but grew significantly. Looking ahead, the City appears to be on pace to again build upon its fund balances in FY 2012- 13. If projections hold, staff recommends applying any such surplus to reserves, in order to advance closer to, or possibly achieve, the City's goal of a Contingency Reserve balance (unassigned fund balance) of at least twenty-five percent of General Fund operating expenditures. Factors which are likely to affect that outcome include the following: • Actuarial adjustments by the California Public Retirement System (Ca1PERS) require an increase in the City's employer contribution to employee pension funds for Fiscal year 2013-14. The City's contribution will increase by 2.903% for miscellaneous employees and by 4.885% for fire and police safety employees. • By Council Policy, the City maintains a series of reserves. Because of on -going fiscal constraints in recent years, the full funding of reserves has been difficult. Staff will be reviewing current reserve levels as well as the inventory of deferred maintenance and deferred equipment replacement which may result in recommendations in these areas. Page 7 Staff Report —Fiscal Year 2012-13 Mid -Year Budget Review February 19, 2013 • The agreement between the City and the San Diego Unified Port District related to the Port's payment to the City for Fire and Police service on Port lands in National City has yet to be finalized. As such, the final impact on the General Fund is yet to be determined. • The County of San Diego is embarking on a project to upgrade the regional communication system network. The cost of the upgrade will be shared by the user agencies. The estimated cost to the City of National City is $2 million. A project time line as yet to be determined. • The Proposition D, District Sales Tax is set to expire in 2016. As demonstrated by the revenue figures contained in this report, the District Sales Tax continues to be vital in meeting the City's expenditures. Consistent with previous years, absent the District Sales Tax, the City would not have met its obligations in FY 2011-12 and would not do so in FY 2012-13. That trend is expected to continue. As such, it is imperative to reserve any surplus in preparation for 2016. • The City must prepare for costs associated with National Pollutant Discharge Elimination System ("NPDES") permit program compliance. While there is no anticipated FY 2012- 13 impact, the City will need to appropriate funds beginning in FY 2013-14 for costs associated with updating its stormwater programs. Expenses associated with updating the City's Jurisdictional Urban Runoff Management Plan ("JURMP"), Standard Urban Stormwater Mitigation Plan ("SUSMP"), Best Management Practices (BMPs) manual, and relevant ordinances currently are estimated to be $33,000 for the upcoming fiscal year. The City is also likely to incur increased costs for monitoring and for Watershed Plan Development, preliminary estimated to total $9,000 for FY 2013-14. Other new or increased expenses are anticipated in relation to standard program costs (e.g., residential area inspection program implementation, education and enforcement of the stricter standards, etc.) but should be offset — at least in the initial years of the program — due to decreased costs resulting from performing fewer industrial, commercial, and municipal inspections and less detailed annual reporting requirements. RECOMMENDATIONS Accept this staff report. Approve designation of $9,085,066 of unassigned fund balance (total unassigned fund balance, less $911,581 held pending litigation outcome and $712,337 for encumbrances) as the City's Contingency Reserve. Adopt the above -referenced expenditure adjustments, amending the Fire Department budget to increase its Contract Services appropriation $79,423 from $319,095 to $398,518 to facilitate the transition from Heartland Communications Facility Authority to San Diego Fire Department for dispatch services and establishing a $19,999 appropriation in the Underground Tank Monitoring account of the Engineering Division for environmental compliance expenses. Page 8 Staff Report —Fiscal Year 2012-13 Mid -Year Budget Review February 19, 2013 FISCAL IMPACT If all recommendations are approved, the net impact of budget adjustments would increase appropriations $99,422, and the City's Contingency Reserve would increase $2,025,274 to $9,085,066, 24.2% of budgeted General Fund operating expenditures. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 19, 2013 AGENDA ITEM NO. 19 ITEM TITLE: Scheduling of City Council workshops related to the discussion and preparation of the City of National City's strategic plan and annual budget for Fiscal Year 2013-2014. PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: DEPARTMENT: Fina APPROVED BY: The City of National City operates on a fiscal year calendar: July 1 through June 30. On or before June 30 of each year the operating budget for the following fiscal year is presented to the City Council for adoption. The process of developing the City's annual budget includes a series of events over a four to five month period including departmental budget reviews and budgeting requests, community meetings via Neighborhood Councils and financial reviews/analysis by the Finance Department. Another key component in the process has historically been budget workshops with the City Council as a means of seeking both Council direction and as another means of soliciting community input. In preparation of the budget calendar for the development and adoption of the Fiscal Year 2013-2014 annual budget, staff has tentatively scheduled two City Council budget workshops. Said workshops are tentatively scheduled for April 9, and April 30, 2013. Both dates are "off Tuesdays", that is to say they are Tuesdays on which there is no regular meeting of the City Council scheduled. With this item, staff seeks approval of these tentative budget workshop dates. In the alternative, if said dates are not agreeable to the majority of the City Council, direction on alternative dates is sought. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: There is no fiscal impact associated with this item ENVIRONMENTAL REVIEW: This is not a project and therefore is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept staff s recommended budget workshop dates of April 9 and April 30, 2013; or, in the alternative, provide direction on alternative dates. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT "1EETING DATE: February 19, 2013 AGENDA ITEM NO. 20 ITEM TITLE: Discussion of Alternate Member Process — Boards & Commissions. (City Clerk) PREPARED BY: Michael R. Dalla DEPARTMENT: City C PHONE: 619-336-4226 APPROVED BY: 4 EXPLANATION: On February 5th, the City Council adopted Ordinance 2013-2381 pertaining to City Boards, Commissions and Committees. Section 16.09.010 of the Ordinance deals with "Alternate Members" and reads as follows: In addition to regular appointments, the city council may appoint an alternate member or members to any board, commission or committee. An applicant for appointment as an alternate member shall be subject to the same application and interview procedures as are applicants for regular appointments. Alternate members so appointed shall attend each meeting of the board, commission or committee to which they are appointed, but shall participate in a meeting only in the event of the absence of the regular member. At such time as a vacancy occurs on a board, commission or committee, an alternate member is automatically eligible for appointment as a regular member, provided the alternate member is in good standing (e.g., good attendance record). It was requested that the Alternate Member Program for Boards and Commissions be placed on the agenda for discussion. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance STAFF RECOMMENDATION: None BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: • Summary of Board Composition and Meeting Schedules BOARDS, COMMITTEES AND COMMISSIONS BOARD MEMBERS MEETS APPOINTING AUTHORITY Art Committee 5 Quarterly Mayor Civil Sercice 5 Every Other Month City Council CPRC 7 Quarterly Mayor Library 5 Monthly Mayor Planning Commission 7 Twice Per Month City Council Park Rec & Seniors Advisory Board 7 Every Other Month Mayor Traffic Safety 5 Monthly Mayor ITEM #21 2-19-13 CLOSED SESSION REPORT (CITY ATTORNEY)