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Home My WebLink About2013 09-03 CC HA AGENDA PKTRON MORRISON Mayor L UIS NATIVIDAD Vice Mayor JERRY CANO Councilmember MONA RIOS Councilmember ALEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd. National City, CA 91950 619-336-4300 Meeting agendas and minutes available on web WWW. NATIONALCITYCA. GOV AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCILI COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, SEPTEMBER 03, 2013 — 6:00 PM -v ORDER OF BUSINESS: Public sessions of all Regular Meetings of the City Council / Community Development Commission - Housing Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on the first and third Tuesday of each month. Public Hearings begin at 6:00 p.m. unless otherwise noted. Closed Sessions begin at 5:00 p.m. or such other time as noted. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. The Mayor and Council members also sit as the Chairperson and Members of the Board of the Community Development Commission (CDC). REPORTS: All open session agenda items and reports as well as all documents and writings distributed to the Elected Body less than 72 hours prior to the meeting, are available for review at the entry to the Council Chambers. Regular Meetings of the Elected Body are webcast and archived on the City's website www.nationalcityca.gov. PUBLIC COMMENTS: Prior to the Business portion of the agenda, the Elected Body will receive public comments regarding any matters within the jurisdiction of the City and/or the Community Development Commission. Members of the public may also address any item on the agenda at the time the item is considered by the Elected Body. Persons who wish to address the Elected Body are requested to fill out a "Request to Speak" form available at the entrance to the City Council Chambers, and turn in the completed form to the City Clerk. The Mayor or Chairperson will separately call for testimony of those persons who have turned in a "Request to Speak" form. If you wish to speak, please step to the podium at the appropriate time and state your name and address (optional) for the record. The time limit established for public testimony is three minutes per speaker unless a different time limit is announced. Speakers are encouraged to be brief. The Mayor or Chairperson may limit the length of comments due to the number of persons wishing to speak or if comments become repetitious or irrelevant. WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items appearing on the written agenda. Items not appearing on the agenda must be brought back on a subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to take action on such items arose after the agenda was posted. 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 CC/CDC Agenda 9/3/2013 — Page 2 to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Elected Body Meetings. Audio headphones are available in the lobby at the beginning of the meeting. Audio interpretacion 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. CC/CDC Agenda 9/3/2013 — Page 3 OPEN TO THE PUBLIC CITY COUNCIL / COMMUNITY DEVELOPMENT COMMISSION AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC ORAL COMMUNICATIONS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS 1. Proclaiming the Month of September 2013 as: National Preparedness Month" PRESENTATIONS 2. Employee of the Quarter 2013 - Rustico Aguilar - Custodian 3. South County Economic Development Council - Visioning and Economic Strategy - Cindy Gompper Graves 4. South Bay YMCA Summer Program Update for National City Municipal Pool and Camacho Recreation Center. (Community Services) INTERVIEWS / APPOINTMENTS 5. Interviews and Appointments: (1) Interview new applicants; (2) Consider recommendations to bring terms into conformance with Ordinance No. 2013-2381; (3) Take necessary action to appoint / re -appoint. (City Clerk) CONSENT CALENDAR 6. Resolution of the City Council of National City: 1) ratifying the acceptance of a $10,000 grant from the California Library Literacy Services (CLLS) to fund the Library's literacy services for FY2013-14; and 2) authorizing the establishment of fund appropriations and a corresponding revenue budget. (Library) 7. Resolution of the City Council of the City of National City denying the appeal of and affirming the Planning Commission revocation of Conditional Use Permit 2010-33 CUP for live entertainment at an existing CC/CDC Agenda 9/3/2013 — Page 4 bar/restaurant located at 105 E. 8th Street. (Case File No.: 2013-11 R) (Planning) 8. A Resolution certifying a Negative Declaration and authorizing the City Council of the City of National City to file a Notice of Determination related to amending Section 18.30.360 of Title 18 (Land Use Code) of the National City Municipal Code related to fast food restaurant Iocational requirements. (Applicant The Focus Group) (Case File 2013-12 IS) (Planning) 9. Warrant Register #5 for the period of 7/23/13 through 7/30/13 in the amount of $885,413.58. (Finance) 10. Warrant Register #6 for the period of 7/31/13 through 8/6/13 in the amount of $8,691,411.29. (Finance) PUBLIC HEARINGS 11. A Public Hearing to consider an Ordinance Amending Sections 18.30.360 and 18.41.020 (C) of Title 18 (Land Use Code) of the National City Municipal Code related to fast food restaurant Iocational requirements and drive -through business design guidelines. (Applicant The Focus Group) (Case File 2013-12 A) (Planning) ORDINANCES FOR INTRODUCTION 12. An Ordinance of the City Council of the City of National City Amending Sections 18.30.360 and 18.41.020 (C) of Title 18 (Land Use Code) of the National City Municipal Code related to fast food restaurant Iocational requirements and drive -through business design guidelines. (Applicant The Focus Group) (Case File 2013-12 A) (Planning) ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS NEW BUSINESS 13. Notice of Decision — Planning Commission approval of a Conditional Use Permit for a new fast food restaurant to be located at 2100 Highland Avenue. (Applicant: The Focus Group) (Case File 2013-12 CUP) (Planning) 14. Request approval for the Mayor to sign a letter regarding AB 981. (City Manager) COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY CC/CDC Agenda 9/3/2013 — Page 5 PUBLIC HEARINGS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY STAFF REPORTS 15. Staff Report - San Diego State University Community Engagement for Sustainable Cities Program (CESC). (City Manager) 16. Verbal Report - Senate Bill 1 (Steinberg) of 2013 - New Sustainable Economic Development Legislation. (Executive Director Brad Raulston) 17. Staff Report - Update on Relocation of Public Works Facilities (Engineering/Public Works) MAYOR AND CITY COUNCIL 18. Discussion on the formation of a Military Advisory Committee. (Councilmember Rios) CLOSED SESSION REPORT ADJOURNMENT Regular City Council/Community Development/Housing Authority of the City of National City Meeting - Tuesday - September 17, 2013 - 6:00 p.m. - Council Chambers - National City, California. TEM #1 -3-13 ITEM #2 9-3-13 DATE: August 29, 2013 TO: CITY OF NATIONAL CITY MEMORANDUM Leslie Deese, City Manager FROM: Stacey Stevenso , D - ctor of Administrative Services SUBJECT: EMPLOYEE OF HE QUARTER PROGRAM The Employee Recognition Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized for the third quarter of calendar year 2013 is Rustico Aguilar — Custodian. By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, September 17, 2013 to be recognized for his achievement and service. Attachment cc: Rustico Aguilar Joe Smith — Director of Public Works Josie Flores -Clark — Executive Assistant Human Resources — Office File Performance Recognition Award Nomination Form I nominate Rustico Aguilar for the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc). Do not to exceed 150 total words. Please be as specific as possible when giving your examples. I am very proud to nominate Mr. Rustico "Rusty" Aguilar for the Employee of the month for the Employee of the Quarter 2013. Rusty first joined our organization in August of 2002. His skills and dedication to the City has proven invaluable for over 11 years. And for each day of those 11 years his enthusiasm for the job is still the same as his first day he join our City. Rusty is always willing to takes on any challenge at any time and sometime with just a moments notice but always giving 100% while dealing with the numerous problems that occur each and every day in the maintenance of the City facilities. He is truly a team player. Rusty is a pleasure to work with and a person anyone can go to for assistance. Rusty is an exceptional employee and an asset, not only to Public Works but to our entire organization. The City is fortunate to have Rusty as an employee. FORWARD COMPLETED NOMINATION TO: National City Performance Recognition Program Human Resources Department Nominated by: Joe Smith, Director of Public Works Signature: Date: August 28, 2013 San Diego's Voice for Binational Business South County Economic Development Council South County Visioning and Economic Strategy SCEDC Background • Founded in 1989 by a group of business and community leaders. • Mission Statement: • To improve and enhance the South County's and border region's economy, image and quality of life; and to heighten public awareness of South California's most desirable location to live, work and dream. • National City, Chula Vista, San Diego, Coronado, Imperial Beach. • Bi-National Organization What We Do • Prepare South County for Investment • Work with Existing Businesses • Voice of South County State of South County • Pockets of Poverty • Enterprise Zone and CEDS designation • Last Bastion of Undeveloped Land Current Development Projects Current Development Projects • ••w M••! ^I 5wrvater Mar h , • R•FM/fYIIA• ChtFta Victrt f <attrre CPrnff" •asw • s•P•.•••• rr eLYt,5 CzrA� ssa.cr•1 • IMAO •w•••_w_.• • iRw M• • tw••f••rr now ••wR•••Ms w•...M • MAwMIM • OC•1•fFMbM1Man • •Aw•w t5 Mi,fl Lb* • flint, xr..xun 4tt4! • •elm aEMM Y( wow ••••••••• M •w• • •M•• gw•r••1M••••r • 1M ttw••Y••balm Mel • tl0•w••••w••M••rM•• iP • • ••••••MW •.y•• • 11••w1•1••t H:ar, aryl MNi ,a 44.5 • 0.ODII.0010 • Y••M••• • Mttw•••• ,101Ftn• mrnMs• Pm* • 1.0••1O•M461YIM • 1.1.4••••••NI•R • MR.1Y111wrMOW • RM Et•••M1M W,4d'r NR4Rty' /-g %4:tvFra.e r-n-4 Swth Bay S r311 Felt 15 11110m+ N nrth Chula Vista Bayfront Master Plan Illustrative Locally and State Approved Land Use Plan by City of Chula Vista and Port of San Diego vOt/02113 Current Development Projects �i111 tJ IE CAI' 905 9J5 F 410 0 Current Development Projects P]i Current Development Projects 0 Current Development Projects • a Current Development Projects Current Development Projects ED ,-,Chula Vista University Current Development Projects C21 1 ID -87-J5 ID 0 JP B umpc stes COCA C,h V6ta University _ Current Development Projects Chufa Vista University CD Current Development Projects m n roc` Current Development Projects Hic land volt. a Val Bayshore Co nit y Corriddr Paradise Village 0 Palm Plaza ociai Security Office ay , lkswagen. 9"5 Current Development Projects III'. f llr w - Field kkgy Park Current Development Projects Hi land Avenue Community Corri Q aradise Village 0 eVc11 Pam Plaza, ocial Securityc)ffice`. 820 Bayshore Bile r.1a\r G ina I L Bay -front • Brown Field. • Pond 20 South Bay Volkswagen Millenia San Isidro POE Field Bnology Park Cross Border errni'n` APB Chula \/Rsta lr iversity !S- Sunroad Ot yAeSa Status • Projects Not Threaded or Connected • Economic Planning in Silos • O+P+C=EP • (Opportunity + Planning + Collaboration = Economic Prosperity) Visioning and Economic Strategy • Unified economic development vision and strategy: • Thread development projects • Collaborative economic planning • Enable effective participation and cooperation • A cohesive and comprehensive approach for South County Visioning Process • SCEDC will: • Manage the project • Assume leadership • Hire an economic development consultant • Conduct extensive research • Launch a marketing and public outreach campaign to encourage input and participation Visioning Process • Project committees: • An Oversight Committee • A "Topic Expert" Committee • An Outreach Committee Project Goal • A 5-year cohesive vision and economic plan, complete with: • Tangible action items • Effective messaging points Need for the Grant • Enable SCEDC to: • Effectively engage the local community • Collaborate with experts and leaders • Address pressing concerns • Take advantage of the region's opportunities How the Grant Will Be Used 1. Public Engagement Process 2. Economic Development Consultant 3. Administration Costs 4. Creation of Report with Road Map for Future San Diego's Voice for Binational Business South County Economic Development Council Thank you for the Opportunity! ITEM #4 9-3-13 8/26/2013 the �T a` FOR YOUTH DEVELOPMENT" Boa HEALTHY LIVING rOR SOCIAL RESPONSIBILITY SERVING NATIONAL CITY CITY OF NATIONAL CITY (MAYOR AND COUNCIL) NATIONAL CITY, CA September 3, 2013 We know firsthand how difficult it can be to find balance in lfe. That's why we're here every day, making sure that all people have the resources and support needed to learn, grow and thrive. MAKING A DIFFERENCE Area ofServlce Total People Served NC Residents Served % Membership - Las Patmes 193 193 100.0 Aquatics — Open Swim 5,000` 4,000• 80.0 Aquatics — Swim Lessons 338 286* 84.7 510 swim sessions 432 swim sessions Summer Camp 66 51 77.3 222 weeks 180 weeks 5,587• 4,520• 80.9 Total Services Aquatics —Event — Swim Meet Total Served * Estimate as of August 19, 2013. 1,000- 6,587 This past summer, 5,000 individuals were served at the Las Palmas pool during open swim. 2 LAS PALMAS 1 CM OF NATIONAL CITY 1 8/26/2013 MAKING A DIFFERENCE Expanded the water exercise classes Monday -Saturday vs. three times a week and increased participation by 30%. Implemented deep water aerobics portion to the water exercise classes. Quote "Classes are fun, intense extreme aerobic workouts, I enjoy the new deep water class as well. Thank you. Debra Haynes -National City resident. In collaboration with the Police and Fire Departments we have had over 250 peoplefkids at the National Night Out. 350 people, mostly families from National City, at the Las Palmas Movie Night. Working closely with Las Palmas Elementary School and have 110 kids swim every Friday for 2.5 hours. Working to organize swim times for the teens for the Sweetwater High School in the afternoons at the lowest cost possible. J I PRESENTATION Mr HERE I e2011 reCA of the USA PEOPLE POWER 1. EMPLOYER OF CHOICE More than 8,000 individuals call our YMCA of San Diego county association their home In South County, our Y is one of the largest employers • 15 National City residents submitted applications • 7 National City residents interviewed • 6 National City residents were hired • 26 National City residents work for our Y 1 2 8/26/2013 HERE FOR GOOD 1 am lifeguard/swim Instructor for the South Bay family YMCA, Prior to my employment with the Y. I w irked as a lifeguard/instructor for the City of National City for six years. 1 learued how to swim at the faci'.ity as a child. I joined the National City Swim Club and I have unforgettable memories of my sinlings working at Las Palmas pool leading me to my lifeguard career at the age of 15. The YMCA is here to benefit the community with different programs, to keep the pool safe, proviae employment opportunities and to educate families on the Y's values of caring, honesty, respect and responsibility. I am proud to be part of the YMCA lankly," Sebastian Morino tiny TALK TO US Questions, Comments? Strengthening the foundations of community through youth development, healthy living, and social responsibility. 6 LAS PAI MAS I CITY OF NATIONAL CI, 3 8/26/2013 1 the THANK YOU Blaze Zarev Aquatics Director SOUTH BAY FAMILY YMCA 619.421.9622 x 12114 BZarev@ymca.org 4 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 3, 2013 AGENDA ITEM NO. 5 fEM TITLE: Interviews and Appointments: (1) Interview new applicants; (2) Consider recommendation to bring terms into conformance with Ordinance No. 2013-2381; (3) Take necessary action to appoint / re- appoint. (City Clerk) PREPARED BY: Michael R. Dalla DEPARTMENT: City rk PHONE: 619-336-4226 APPROVED BY: Pf4 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance STAFF RECOMMENDATION: Conduct interviews and take action to fill un-expired term. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Status Update Report 2. Applications BACKGROUND Interviews: As of August 28th, there is one (1) applicant for CPRC, Mr. RodoIfo (Rudy) Robledo and one (1) applicant for Public Art Committee, Mr. David E. Garcia. Both have been asked to be present for interview. Current Vacancies • Community and Police Relations Commission — Two (2) • Library Board of Trustees — One (1) Terms Expiring on 09-30-13 • Civil Service Commission — One (1) *William Sendt • Public Art Committee — Four (4) *Memo Cavada, *Carolyn StClair, *Claudia Torres, *Bill Virchis • Traffic Safety Committee — Three (3) *Chris Coyote, *Arlito Reclosado, Roberto Garcia • Parks Recreation & Senior Citizens — One (1) * Nora McMains (*) Incumbent requests re -appointment Incumbent Members: All but one of the incumbents with expiring terms has requested re -appointment. All have been asked to be present at the meeting. Recommended Actions to Bring Terms into Compliance with Ordinance 2013-2381 On February 5, 2013 the City Council adopted ORDINANCE 2013-2381 pertaining to City Boards, Commissions and Committees. One of the provisions in the Ordinance specifies that Boards have "staggered terms". In order to bring term expiration dates into compliance with the "staggered term" provision, it will be necessary for the City Council to make some 'one-time' adjustments to current and future term expiration dates. After the adjustments, term expiration dates should meet the requirements of the Ordinance and ensure that no Board or Commission has a majority of members whose terms expire in the same year. The Boards and Committees requiring Council action include the Public Art Committee, the Park, Recreation and Senior Citizens' Advisory Board, Traffic Safety Committee and Civil Service Commission. The status of each and the recommended course of action for each are explained below. • Public Art Committee The terms of four members of the Public Art Committee expire on 09-30-13. For those four (4) expiring terms, it is recommended that the City Council re -appoint existing members or appoint new members to terms ending as follows: o One (1) ending 09-30-14 o Two (2) ending 09-30-15 o One (1) ending 09-30-16 • Park, Recreation and Senior Citizen Advisory Board (PRSCAB) The term of one member of the PRSCAB expires on 09-30-13. It is recommended that the City Council re -appoint the incumbent member or appoint a new member to a term ending 09-30-16 and that one (1) of the current PRSCAB members whose term expires in 2015 have their term extended to 09-30-16. • Traffic Safety Committee The terms of three (3) members of the Traffic Safety Committee expire on 09-30-13. Of those three (3), it is recommended that the City Council re -appoint incumbent members or appoint new members to terms ending as follows: o Two (2) ending 09-30-16 o One (1) ending 09-30-14 • Civil Service Commission The Term of one member of the Civil Service Commission expires on 09-30-13. It is recommended that the City Council re -appoint the incumbent member or appoint a new member. A current listing of the Board, Commission and Committee Members under consideration appears on the next page. a BOARD/COMMISSION/COMMITTEE TERM EXPIRES APPOINTED Civil Service Commission William Sendt 09-30-2013 01-19-2010 Parks, Recreation & Senior Citizens Advisory Board Nora McMains 09-30-2013 09-05-2006 Roberto Andrade 09-30-2015 05-19-2009 James Grier 09-30-2015 07-14-1987 Public Art Committee Manuel Cavada Carolyn StClair Claudia Torres William Virchis Traffic Safety Committee Christoher Coyote Arlito Reclosado Expiring Term 3 09-30-2013 09-30-2013 09-30-2013 09-30-2013 09-30-2013 09-30-2013 09-30-2013 07-20-2004 02-01-2011 04-17-2012 07-20-2004 03-01-2011 04-04-2006 Name: Civil Service Commission Community & Police Relations Commission* (CPRC) Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Planning Commission Public Art '. 5 •Itt* Traffic SafC- t ' ��L(E t e Note: Applicants must be residents of the City of National City exabi 44o0E rn e6byan * Applicants for the Community and Police Relations CommisgiiNnafistRabOENOtrailY background check prior to appointment. aba60a (?Lit y) RescAD Q Home Address: 3)3 ( •F AVE Tel. No.: (2/? - `i 77- (03Z, Business Affiliation: Title: Business Address: Tel. No.: Length of Residence in National City: Z5-j)/2d San Diego County: .5 /1V alifornia: 5 9y2.$ Educational Background: etg Yyl j7 1 L 2 i� 11 y�Z �P��c�-t+�� Tool_ Occupational Experience: Zc{y,�.s /6V /IFA p.9-' 6U �Ly � u�ld/7 i 7 ,L/ 4 r (1r"c,.- sPAcE Professional or Technical Organization Memberships: S4VC.i4LT?' Ah W) PG Ci 'c or Community Experience, Membership, or Previous Public Service Appointments: r c k.cT /1 rza iz. i4- Experience or Special Knowledge Pertaining to Area of Interest: Have you ever been convicted of a felony crime? Noes: misdemeanor crime? No: Yes: If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: 031) 3 Signature: / ,4141), 1 Please feel free to provide additional information or letterstf endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. * Residency requirements may not apply This documents is filed as a public document Revised: March 2012 Supplemental Application: National City Community and Police Relations Commission The National City Community and Police Relations Commission serves as an independent, unbiased and impartial office that is readily available to the public. It is an organization for the improvement of police and community relations and the facilitation of disputes whenever possible. It provides a forum for citizens to voice their concerns, comment about police conduct, practices and policies and improves communication between citizens and the National City Police Department The National City Community and Police Relations Commission is empowered to receive and review complaints regarding National City Police Department Personnel for alleged misconduct, and to recommend appropriate changes of Police Department policies and procedures toward the goals of safeguarding the rights of persons and promoting higher standards of competency, efficiency and justice in the provision of community policing services. Applicants must be completely forthright and truthful during the application process. Applicants may be disqualified in the background process as a result of dishonesty and/or purposely omitting information regarding one's criminal history. Given the complexity of this Commission and its duties, it is necessary to pass a criminal background check prior to appointment by City Council and/or swearing in as Commissioner. The Human Resources department will contact you to schedule the criminal background process when, and if appropriate. It is important to note that you fill out this application completely and honestly to the best of your abilities. Failure to disclose your criminal history may result in disqualification. If a conviction has been expunged disclosure is not required. Have you ever been convicted of a felony crime: No: K Yes: Have you been convicted of a misdemeanor: No: _ Yes: >z If any convictions were expunged disclosure is not required. Please feel free to provide an explanation or information regarding yes answers to the above two questions. DUG Z Z/x>- el There may be circumstances that could disqualify an applicant from the background process beyond the listed crimes below. Each incident is evaluated in terms of the circumstances and facts surrounding its occurrence and its degree of relevance to the position. Disqualifying criteria for Community and Police Relations Commissioner: "" See attached table 5 Disqualifying Criteria for National City Community and Police Relations Commission Felonies Lifetime 20 years 15 nears 10 years 5 years Crimes against Persons *including but not limited to Assault & Battery x Domestic Violence x Elder/Child Abuse x Manslaughter x Murder x Sexual Acts w/ Minor x Rape x Crimes against Property *including but not limited to Arson x Burglary x Embezzlement x Extortion x Fraud x Forgery & Counterfeiting x Possession of stolen property x Theft x Crimes involving Drugs *including but not limited to Illegal Drug Use x Possession or Sales x Production of Drugs x Crimes against Public Justice Bribery & Corruption x Impersonating a Peace Officer x Misdemeanors Lifetime - 20 years 15 nears 10 years years Crimes of Moral Turpitude *including but not limited to Burglary x Embezzlement x Forgery x Fraud x Possession of stolen property x Theft x Crimes involving Drugs or Alcohol *including but not limited to Lifetime 20 nears 15 years 10 nears 5 years Disorderly Conduct x Under the Influence x Unlawful Possession x Crimes against Persons *including but not limited to Assault & Battery x Manslaughter x 6 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission Planiii6§EI IDission Community & Police Relations Commission* (CPRC) ✓Pull ett(Qc (ttee* Library Board of Trustees Traffic Safety Committee Parks, Recreation & Senior Citizens Advisory Board 1)o rfa nisMn12 �2 Note: Applicants must be residents of the City of National City effeet-Vlrpettontrl lfy an Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. ��((�� Name: %XAV1d. L24YC-I Cf Home Address: L- ] /' V12 ,kVe Tel. No.: l� cf2 l c( Business Affiliation: ki/ /`r Title: Business Address: Tel. No.: Length of Residence in National City: 7 San 1 `Diego County: 23 California: '2. 1 Educational Background: S WE2 i \C \ J c.KV p ( " 2 d° �1 V2trS; ‘--y („,i Y 16.( Oatv� -- Occupational Experience: \I.(A.A1k 101..v44linntylCocvcli Rae r - Vin.'Ic✓1a� Professional or Technical Organization Memberships: (Oulu AL4.4-�(U�� c YVL Sak)vted 146-0k Civic or Community Experience, Membership, or Previous Public Service Appointments: N%fit Experience or Special Knowledge Pertaining to Area of Interest: ( I (A. �- `V�g C re S i to 1--ct;1\1 d � fr1s cA v Ace f 'cu vt CL , ,A f �i Have you ever been convicted of a felony crime? No: Yes: misdemeanor crime? No: ( Yes:_ If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: (3(� ( (t/ (r2) Signature: Please feel free to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. * Residency requirements may not apply This documents is filed as a public document Revised: March 2012 National City Public Arts Committee Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Dear National City Public Arts Committee, Over the course of my university career and professional career I have been an active member on various organizations that have directly affected the lives of people. The opportunity to be a leader at UC Davis in various student organizations has been an incredible experience. My work with Juma Ventures and Success Through Educational Mentoring (STEM) has made me a very proud member of such amazing organizations that are committed to helping those in need. During my 4-year tenure at STEM, 2 of which I was its facilitator, I have substantially hone my presentation skills, effectively delivering the Principles of Community of UC Davis and our message of bringing a positive, driven, academic and social environment to our site school in Sacramento. My current tenure with Juma Ventures allows me to support low income college bound youth by creating a support system, giving them part time employment and a matched savings account (IDA) that together will ensure that they receive a 4 year college degree. I helped build our respective communities at the university with STEM and now I'm helping San Diego youth reach their dream of a college education. I want to continue serving the communities in National City. I am a San Diego/Tijuana native and want to work towards the benefit of my communities. I am passionate about educating residents of San Diego County on the importance of youth education, the diversity of the community and the equal opportunity to achieve the American dream. These three pillars are critical to the betterment of individuals, neighborhoods, and communities as a whole. I personally believe that I embody this message. My commitment for improving the communities of San Diego is the heart of the mission of National City. Most importantly, the aspirations of National City truly resonate with my personal core values; and the more prepared I am to undertake strategies for change; the more capable I will be to ensure our common vision becomes a reality. I believe that 1 can become a formidable asset, and I look forward to learning how I can better improve lives by mobilizing San Diego youth and empowering their opportunities in income, education, and health. Sincerely, David E. Garcia c'� David Garcia 2330 1 Avenue National City, CA, 91950 619.929.5980 davideg@jumaventures.org Objective: National City Public Arts Committee Community -driven individual with exceptional relation building skills, offering experience in the development of long- term infrastructure for programs, expansion of budgets, and efficient personale. Diverse skill set in effective leadership in contextual result -oriented environments with an emphasis on creating relations that sustain growth. Versatility in multitasking and handling complex scenarios in a fast pace work environments. The goal is join a team to build a community that reflects these aesthetics. Experience Juma Ventures September '12 - Present ■ Youth Development Coordinator: Case Management of 30 college bound low income youth ■ Provide Resources: Social & Academic Workshops, College Readiness, Financial Literacy • Leadership: Manage Juma Leadership Committee (6 youth leaders) • Social Enterprise: Support youth in part time employment opportunity (Qualcomm, Valley View, Sleep Train) Success Through Educational Mentoring September '08-June'12 ■ Facilitator-2010-2012: Increased budget from 0-$7,500.00 • Events Coordinator: Workshops, Field Trips, Art Shows & Banquets • Human Resources: Drafting Applications & Contracts, Interviews, and Decision Making • Management: UC Davis Students- Executive Council Education University of California, Davis September 2008-June 2012 Artium Baccalaureus Socio-Cultural Anthropology, Hemispheric and Latin American Studies Skills ■ Strong Organizational Skills: Prioritizing work, managing time, flexibility and tracking • Technology: Proficient and compatible with Microsoft, iOS, and social media platforms • Eloquent Communicator: Excellent writing abilities and oral clarity ■ Planning Proficiency: Creating yearly, quarterly strategic plans with milestone outcomes • Program Management: Grant writing, data tracking and reporting • Bilingual: Spanish -Speaking, writing, and translating proficiency David Garcia References Brittany Russell San Diego Site Director 858.344.3198 brittanyr@iumaventures.org 2330 I Avenue National City, CA, 91950 619.929.5980 davideg@jumaventures.org Roberto Garcia United Way - Marketing Specialist/National City Planning Commission 619.994.6179 rgarcia@uwsd.org Edwin Arevalo Associate Director - Academic Senate UC Davis 530.848.4125 emarevalo@ucdavis.edu \0 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 3, 2013 AGENDA ITEM Na 6 EM TITLE: Resolution of the City Council of National City: 1. ratifying the acceptance of a $10,000 grant from the California Library Literacy Services (CLLS) to fund the Library's literacy services for FY2013-14; and 2. authorizing the establishment of fund appropriations and a corresponding revenue budget. PREPARED BY: G. Olivares DEPARTMENT: Library PHONE: 470-5883 APPROVED BY: EXPLANATION: The California Library Literacy Services (CLSS) grant is awarded to the National City Public Library by the California State Library to support the following programs for FY2013-14: - Adult Literacy Services (ALS) and Families for Literacy (FFL) - English Language Literacy Intensive (ELLI) CLLS funding formula consists of three parts: 1. A baseline amount to support a minimum level of local literacy staffing and services. 2. A per capita amount per adult learner served in the previous year. 3. A match on local funds earmarked and expended for adult literacy services. At this time, the CLLS grant is providing a baseline amount of $10,000. The remainder of the award will `e determined by applying the other two parts of the formula to the 2012-13 actual service statistics and nancial data to be submitted to the State Library in a final report at a later date. FINANCIAL STATEMENT: ACCOUNT NO. 320-31338-3463 320-418-338 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: Finance APPROVED: MIS STAFF RECOMMENDATION: Approval recommended BOARD / COMMISSION RECOMMENDATION: Approved by the Library Board of Trustees on August 12, 2013 ATTACHMENTS: 1. Award Letter 2. Resolution STATE tI BRARY July 18, 2013 Minh Duong, City Librarian National City Public Library 1401 National City Boulevard National City, CA 91950-3314 Dear Ms. Duong: We are pleased to inform you that your application has been approved and that your California Library Literacy Services (CI .T S) program will receive funding for the 2013/14 fiscal year to support the important work that your staff and volunteers do in your community. Our CT.T S funding formula consists of three parts which reflect our CI.T S mission and values: 1. A baseline amount for each of your approved CJ T S program components that reflects the importance of each library having enough funds to provide a minimum level of local literacy staffing and services. 2. A per capita amount per adult learner served in the previous year that reflects the fact that Adult Literacy Services are the heart of our service, and are the basis for all other literacy services. 3. A match on local funds raised and expended for adult literacy services —reflecting a commitment to a continuing State/Local partnership, and to providing an incentive for inueased local support for adult literacy. At this time, we are providing the $10,000 baseline amount for your program. The remainder of your 2013/14 CI S S award will be determined by applying the other two parts of the formula in the fall to the 2012/13 actual service statistics and financial data reported in the final report later this summer. Payment Process We will initiate the payment process upon receipt of your signed Claim Form (attached). You should receive a check for the above amount within six weeks of submitting your claim form. All of these funds must be expended or encumbered by June 30, 2014. Should you have additional questions regarding the funding and/or reporting process, please contact: Carla Lehn at (916) 653-7743 or clehn@library.ca.gov. Best wishes in implementing your important library literacy services. Respectfully yours, _ Gerald Maginnity Acting State Librarian of California cc: Melissa Solis, Literacy Coordinator (melissa.solis@nationalcitylibrary.org) File Enc.: Claim Form 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 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING THE ACCEPTANCE OF A $10,000 GRANT FROM THE CALIFORNIA LIBRARY LITERACY SERVICES TO FUND THE LIBRARY'S LITERACY SERVICES FOR FISCAL YEAR 2014, AND AUTHORIZING THE ESTABLISHMENT OF FUND APPROPRIATIONS AND A CORRESPONDING REVENUE BUDGET WHEREAS, on July 18, 2012, the National City Public Library was awarded a California Literacy Services ("CLLS") literacy award for Fiscal Year 2014 in the amount of $10.000, which will be 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 grant award acceptance on August 12, 2013. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby ratify the acceptance of the California Library Literacy Services award grant in the amount of $10,000 to fund the Library's literacy services for Fiscal Year 20124. BE IT FURTHER RESOLVED that the City Council hereby authorizes the establishment of fund appropriations and a corresponding revenue budget. PASSED and ADOPTED this 3rd day of September, 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 3, 2013 AGENDA ITEM NO. 7 fEM TITLE: Resolution of the City Council of the City of National City denying the appeal of and affirming the Planning Commission revocation of Conditional Use Permit 2010-33 CUP for live entertainment at an existing bar/restaurant located at 105 E. 8th Street (Case File No.: 2013-11 R). /1A7L PREPARED BY: Martin Reeder, AICP PHONE: 336-4313 EXPLANATION: DEPARTMENT: APPROVED BY: The City Council conducted a public hearing on this item at the August 20, 2013 City Council meeting. The Council did not grant the appellants' request for a continuance, as there was no new information on which the Council decision was based upon. The attached resolution is needed to take action on the item. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: !N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: tesolution RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DENYING THE APPEAL OF AND AFFIRMING THE REVOCATION OF CONDITIONAL USE PERMIT 2010-33 CUP FOR LIVE ENTERTAINMENT AT AN EXISTING BAR/RESTAURANT LOCATED AT 105 EAST 8TH STREET CASE FILE NO. 2013-11 R APN: 556-332-20 WHEREAS, City Council Resolution 2012-49 required Planning Commission review of Conditional Use Permit 2010-33 CUP ("CUP") one year from the date of approval of said Resolution (February 21, 2012); and WHEREAS, said annual review was placed on the March 4, 2013 Planning Commission agenda; and WHEREAS, Ben and Charlton Adler Trustees of the Adler Family Trust, owners of the property located at 105 East 8th Street (appellants) submitted a request to the Planning Department on February 27, 2013 for the Planning Commission to continue the review to a subsequent meeting, which was not granted; and WHEREAS, at the March 4, 2013 Planning Commission meeting, the Commission directed staff to set a revocation hearing for the CUP on May 6, 2013 to give the appellants time to review Police Department records; and WHEREAS, appellants had actual notice of the May 6, 2013 public hearing, but staff had not published notice in the newspaper, thus staff recommended that the Planning Commission set a public hearing date of May 20, 2013; and WHEREAS, at the May 6, 2013 Planning Commission meeting, the appellants requested additional time beyond May 20th, and accommodating appellants' request, the Planning Commission agreed to a longer time, setting the revocation hearing for June 17, 2013; and WHEREAS, the appellants did submit information for the Planning Commission's consideration at the June 17, 2013 public hearing, and also requested a continuance of the revocation hearing for one month, which was not granted; and WHEREAS, the Planning Commission heard all the evidence and testimony from all parties at the revocation hearing of June 17, 2013, and after considering all the evidence, found a revocation of the CUP was supported and warranted by the evidence; and WHEREAS, on July 1, 2013, the Planning Commission adopted Resolution 14- 2013 revoking 2010-33 CUP and did not grant appellants' request to pull the Resolution from the agenda; and WHEREAS, appellants appealed the Planning Commission's revocation of the CUP to the City Council; and WHEREAS, the appeal to the City Council of the Planning Commission's revocation of Conditional Use Permit No. 2010-33 CUP was considered by the City Council of the City of National City at a public hearing held on August 20, 2013; and Resolution No. 2013 — Page Two WHEREAS, at the Public Hearing the City Council heard from the appellants as to why their appeal should be granted; and WHEREAS, at the Public Hearing the City Council did not grant the appellants' request for a continuance because the City Council was determining whether the evidence submitted at the Planning Commission supported the revocation of the CUP, and in making their determination, the City Council was not relying on new information not previously submitted to the Planning Commission; and WHEREAS, at the public hearing, the City Council considered the staff reports as well as documents submitted by appellants contained in Case File No. 2013-11 R, maintained by the City and incorporated herein by reference, the arguments presented at said hearing, and the evidence presented to the Planning Commission, and after reviewing and considering all such evidence and argument, the City Council found that the Planning Commission's decision was supported by substantial evidence, thus denying the appeal and affirming the Planning Commission's revocation of the CUP; 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 City Council of the City of National City that the staff reports and documents submitted by appellants contained in Case File No. 2013- 11 R presented to the City Council at the Public Hearing held on August 20, 2013, the arguments presented at that public hearing, and the evidence presented to the Planning Commission all support finding the Planning Commission's revocation of the CUP was supported by substantial evidence. BE IT FURTHER RESOLVED that the City Council hereby denies the appellants' appeal of and affirms the Planning Commission's decision to revoke Conditional Use Permit No. 2010-33 CUP for live entertainment at an existing bar/restaurant located at 105 East 8th Street. BE IT FURTHER RESOLVED by the City Council of the City of National City that based on testimony, evidence, and Case File 2013-11 R presented at the Planning Commission, the arguments made at the public hearing, and at the appeal heard by the City Council at the Public Hearing held on August 20, 2013, substantial evidence supports the following findings made by the Planning Commission: 1. That based on the fact that the National City Police Department responded to 28 incidents at McDini's Bar, 105 East 8th Street, National City, between February 22, 2012 to February 21, 2013, as further detailed in Police Department memorandum dated May 20, 2013, which facts are incorporated into these findings, the owner and/or operator of McDini's is in violation of Condition of Approval number 2, section a, of City Council Resolution 2012-49. 2. That based on the fact that the National City Police Department responded to 6 incidents involving violence at McDini's Bar, 105 East 8th Street, National City, between May 11, Resolution No. 2013 — Page Three 2012 to May 11, 2013, as further detailed in Police Department memorandum dated May 20, 2013, which facts are incorporated into these findings, the owner and/or operator of McDini's is in violation of Condition of Approval number 2, section b, of City Council Resolution 2012-49. 3. That based on the fact that the National City Police Department responded to 28 incidents between February 22, 2012 to February 21, 2013, and 6 incidents involving violence between May 11, 2012 to May 11, 2013 at McDini's Bar, 105 East 8th Street, National City, as further detailed in Police Department memorandum dated May 20, 2013, which facts are incorporated into these findings, the owner and/or operator of McDini's is in violation of Condition of Approval number 2, section c, of City Council Resolution 2012-49. 4. That based on the fact that the National City Police Department observed — on three separate occasions from February 23, 2013 to April 5, 2013 — exterior doors left open for extended periods of time during live entertainment activities, as further detailed in Police Department memorandum dated May 20, 2013, which facts are incorporated into these findings, the owner and/or operator of McDini's is in violation of Condition of Approval numberl3 of City Council Resolution 2012-49. 5. That based on the fact that the National City Police Department observed — on four separate occasions from December 20, 2012 to March 14, 2013 — that McDini's security officers were found not to be professional (licensed) security guards; and that on February 15, 2013, only two licensed guards were on duty when a minimum of three were required, as further detailed in Police Department memorandum dated May 20, 2013, which facts are incorporated into these findings, the owner and/or operator of McDini's is in violation of Condition of Approval number 14 of City Council Resolution 2012-49. 6. That based on the fact that the National City Police Department responded to 17 incidents at McDini's Bar, 105 East 8th Street, National City, between the hours of 5:00 p.m. and 3:00 a.m. during the 2012 calendar year, an increase in calls for service of 750%, as further detailed in Police Department memorandum dated May 20, 2013, which facts are incorporated into these findings, the owner and/or operator of McDini's is in violation of Condition of Approval number 15 of City Council Resolution 2012-49. 7. That based on the fact that the National City Police Department observed — on four separate occasions from February 16, 2013 to April 28, 2013 — McDini's patrons wearing ball caps, as further detailed in Police Department memorandum dated May 20, 2013, which facts are incorporated into these findings, the owner and/or operator of McDini's is in violation of Condition of Approval number 23 of City Council Resolution 2012-49. BE IT FURTHER RESOLVED that based on the findings 1 through 7 above, the City Council affirms, based on substantial evidence, the Planning Commission's finding that the use authorized by CUP No. 2010-33 has been exercised in a manner contrary to the conditions of approval, and that the use has been exercised in a manner detrimental to the public health, safety, and welfare. BE IT FURTHER RESOLVED that the City Council affirms, based on substantial evidence, the Planning Commission's revocation of the CUP pursuant to Municipal Code section 18.12.110(H)(1)(b). Resolution No. 2013 — Page Four BE IT FURTHER RESOLVED that this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. PASSED and ADOPTED this 3rd day of September, 2013. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 3, 2013 AGENDA ITEM NO. 8 fEM TITLE: A Resolution certifying a Negative Declaration and authorizing the City Council of the City of National City to file a Notice of Determination related to amending Section 18.30.360 of Title 18 (Land Use Code) of the National City Municipal Code related to fast food restaurant locational requirements (Applicant The Focus Group) (Case File 2013-12 IS) / j1r PREPARED BY: Martin Reeder, AICP DEPARTMENT: PHONE: 619-336-4313 APPROVED EXPLANATION: The applicant wishes to modify section 18.30.360 of the Land Use that currently prohibits fast food restaurants from locating within 300 feet of a residential zoned property. The modification proposes to allow the restaurants within 300 feet if they are located in the MXC-2 and MXD-2 zones. A CEQA (California Environmental Quality Act) checklist was prepared to analyze the potential for any significant impacts to the environment as a result of this project. No such impacts were identified. It found that cumulative impacts of additional fast food restaurants would not be over and above the same properties being developed with currently permitted commercial uses. Any changes to the existing land use framework were considered in the City's General Plan and the City is prepared to accept the development anticipated. A copy of the CEQA checklist and the associated Negative Declaration are attached to this report. This Negative Declaration is related to a request to amend the Land Use Code and to construct a fast food :staurant at 2100 Highland Avenue, which is on this same agenda. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Negative Declaration ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff recommends adopting the Resolution certifying the Negative Declaration and filing a Notice of Determination. BOARD / COMMISSION RECOMMENDATION: The Planning Commission recommended approval of the ND. Ayes: Alvarado, Baca, Bush, DeLaPaz, Flores, Garcia Absent: Pruitt ATTACHMENTS: 1. Notice of Intent and Availability for Environmental Review 2. CEQA Checklist and Negative Declaration (2012-13 IS) 3. Resolution CITY OF NATIONAL CITY DEVELOPMENT SERVICES DEPARTMENT LEGAL NOTICE OF INTENT AND AVAILABILITY FOR ENVIRONMENTAL REVIEW AND COMMENT PERIOD OF DRAFT NEGATIVE DECLARATION (ND) Draft ND Public Review and Comment Period: July 30, 2013 to August 19, 2013 Notice is hereby given that the City of National City (City), as the lead agency, is proposing to adopt a Negative Declaration (ND) in accordance with the California Environmental Quality Act (CEQA) for the proposed project as identified below. A 20-day public review and comment period has been established pursuant to CEQA Guidelines Section 15073 for the Draft ND which has been prepared for the proposed project. PROJECT NAME: Fast Food Code Amendment APPLICANT: The Focus Holding Company, LLC LOCATION: All properties in the Major Mixed -Use Corridor (MXC-2) and Major Mixed -Use District (MXD-2) zones that are within 300 feet of a residential zoned property (approximately 408 parcels). DESCRIPTION: The proposed project is an amendment to the National City Land Use Code, specifically Section 18.30.360 — Fast food eating places. This section currently prohibits fast food eating places from locating less than three hundred feet from any residential zoned property. The applicant is proposing to amend the Municipal Code to allow fast food outlets in the MXC-2 and MXD-2 zones to be located within three hundred feet of residential zoned properties. SIGNIFICANT ENVIRONMENTAL EFFECTS ANTICIPATED AS A RESULT OF THE PROJECT: The City conducted an Environmental Initial Study (IS) that determined the proposed project would not have a potentially significant environmental. REVIEW AND COMMENT PERIOD: The City has established a 20-day public review and comment period from July 30, 2013 to August 19, 2013. During this period, the Draft ND and IS will be available for review, or for purchase at the cost of reproduction, at the following locations and during the following days and times: -1- 1 City of National City Development Services Department 1243 National City Boulevard National City, California 91950 Monday through Thursday 7:00 a.m. to 6:00 p.m. National City Library 200 E. 12th Street National City, California 91950 Monday through Thursday 10:00 a.m. to 8:00 p.m. Saturday and Sunday 1:00 p.m. to 5:00 p.m. Comments can be made on the IS/ND in writing before the end of the public review and comment period and also in person at the Planning Commission meeting scheduled to be held on August 19, 2013. All written comments on the Draft ND should focus on the sufficiency of the document in identifying and analyzing the potential impacts on the environment that may result from the proposed project, and the ways in which the significant effects are avoided or mitigated. Written comments must be submitted so as to arrive no later than 6:00 p.m. on August 19, 2013 to the following: Martin Reeder, City of National City, Planning Department, 1243 National City Boulevard, National City, CA 91950. Following the close of the public comment period, the City will consider the TS/ND and comments thereto in determining whether to approve the proposed project. The City will prepare a Final ND for consideration and certification by the City Council. FURTHER INFORMATION: For environmental review information, please contact Martin Reeder at the City of National City at 619.336.4316 or mreeder@nationalcityca.gov. -2- 2 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) INITIAL STUDY CHECKLISfi CITY OF NATIONAL CITY Planning 1243 National City Boulevard National City, CA 91950 1. PROJECT TITLE/PROJECT #: Municipal Code Amendment to amend sections 18.30.360 of Title 18 (Land Use Code) related to fast food restaurant locational requirements. 2. LEAD AGENCY: Contact: Phone: City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Martin Reeder, AICP - Principal Planner (619) 336-4310 3. PROJECT LOCATION: All properties in the Major Mixed -Use Corridor (MXC-2) and Major Mixed -Use District (MXD-2) zones that are within 300 feet of a residential zoned property (approximately 408 parcels). 4. PROJECT PROPONENT: The Focus Holding Company, LLC. 5. ZONING DESIGNATION: Major Mixed -Use Corridor (MXC-2) & Major Mixed -Use District (MXD-2) zones. 6. PROJECT DESCRIPTION: The proposed project is an amendment to the National City Land Use Code, specifically Section 18.30.360 — Fast food eating places. This section currently prohibits fast food eating places from locating less than three hundred feet from any residential zoned property. The applicant is proposing to amend the Municipal Code to allow fast food outlets in the MXC-2 and MXD-2 zones to be located within three hundred feet of residential zoned properties. 7. SURROUNDING LAND USES AND SETTING: The MXC-2 (Major Mixed -Use Corridor) and MXD-2 (Major Mixed -Use District) zones are both areas of high -intensity commercial use. The MXC-2 zone includes Highland Avenue south of Plaza Blvd. and East 8th Street from Downtown to Interstate 805. The MXD-2 zones are located at the intersection of Plaza and Highland, east of Paradise Valley Hospital, along Sweetwater Road, and at Westfield Plaza Bonita. 8. OTHER AGENCIES WHOSE APPROVAL MAY BE REQUIRED (AND PERMITS NEEDED): N/A 3 Initial Study - Page 2 of 15 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or is "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture ❑ Biological Resources ❑ Cultural Resources ❑ Geological Problems ❑ Land Use / Planning ❑ Public Services ❑ Hazards & Hazardous Materials ❑ Noise ❑ Recreation ❑ Utilities & Service Systems ❑ Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this Initial Evaluation: ❑ Air Quality ❑ Energy & Mineral Resources ❑ Hydrology /Water Quality ❑ Population / Housing ❑ Transportation/Circulation I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or is "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effect that remains to be addressed. X CI CI CI Signature Date Printed Name: Martin Reeder, AICP Title: Principal Planner 4 Initial Study - Page 3 of 15 EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to the project. A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards. 2. All answers must take account of the whole action involved. Answers should address off -site as well as on - site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence than an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: Less than Significant w/ Mitigation Incorporated" applied where the incorporation of a mitigation measure has reduced an effect from "Potentially Significant Impact" to "Less then Significant Impact". The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). References to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. This in only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whichever format is selected. 9. The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to Tess than significance. 5 Initial Study - Page 4 of 15 ISSUES with Supporting Documentation & Sources I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? (Sources: 1, 2, 3) b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Sources: 1, 2, 3) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Sources: 1, 2, 3) d) Create a new source of substantial light or glare which would adversely affect day or nighttime Views in the area? (Sources: 1, 2, 3) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation C X X X Projects subject to this amendment would still follow the National City Municipal Code and Land Use Code with regard to building design, aesthetics, and glare limitations. The Code addresses site design and includes requirements for the aesthetic treatment of commercial buildings. Any discretionary project would be required to be reviewed under CEQA as appropriate. Thus, the amendment would avoid or result in less than significant aesthetic impacts with the implementation of the City's design review policies. II. AGRICULTURE RESOURCES In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation & Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (Sources: 1, 2, 3) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Sources: 1, 2, 3) c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, Potentially Less Than Less Than No Significant Significantw/ Significant Impact Impact Mitigation Impact Incorporation LI L X 6 Initial Study - Page 5 of 15 to non-agricultural use? (Sources: 1, 2, 3) The City of National City does not contain farmland or agricultural resources, nor any land zoned for agricultural use. As such, adopting this amendment will have no impact on such lands or resources. III. AIR QUALITY Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? (Sources: 1, 2, 3) b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? (Sources: 1, 2, 3) c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (Sources: 1, 2, 3) d) Expose sensitive receptors to substantial pollutant concentrations? (Sources: 1, 2, 3) e) Create objectionable odors affecting a substantial number of people? (Sources: 1, 2, 3) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation 1 X X X The County of San Diego and National City are in attainment for all California Clean Air Act (CCAA) pollutants with the exception of ozone. Adopting this amendment will not conflict with or obstruct the implementation of the San Diego County Regional Air Quality Strategy (RAQS) to manage air quality in our region. The proposed amendment does not permit a specific development, but rather allows for the potential of additional fast food outlets in areas already designated in the General Plan for commercial use. No impacts are expected above what has already been analyzed in the most recent General Plan EIR. Furthermore, each project will also be required to undergo the appropriate CEQA review at the time of project approval. IV. BIOLOGICAL RESOURCES Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game (CDBG) or U.S. Fish and Wildlife Service? (Sources: 1) b) Have a substantial adverse effect on any riparian habitat or Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X 7 Initial Study - Page 6 of 15 other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game (CDFG) or US Fish and Wildlife Service? (Sources: 1) c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (Sources: 1) d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (Sources: 1) e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? (Sources: 1) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (Sources: 1) C C x X X X X The City of National City is considered an urbanized region, with little habitat area for special status or sensitive plants and animals. While there are sites in the City that may contain biological resources, the proposed amendment does not permit a specific development, but rather allows for the potential of additional fast food outlets in areas already designated in the General Plan for commercial use. As such, it will not result in increased impacts to such resources. In addition, all projects subject to the amendment will also be required to follow the requirements of CEQA, including all appropriate reviews. V. CULTURAL RESOURCES Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? (Sources: 1) b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5? (Sources: 1) c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? (Sources: 1) d) Disturb any human remains, including those interred outside of formal cemeteries? (Sources: 1) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation L. C x The proposed amendment would not increase the developable areas within the City. There are no known sites or areas within the City with archaeological or paleontological resources outside of historic or current riverine areas. Although there are some sites identified in the City's Historic Properties List, none are specifically identified for development under the amendment. Also, each development under the amendment would undergo CEQA review, as required under State law. 8 Initial Study - Page 7 of 15 VI. GEOLOGY & SOILS Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. (Sources: 1) ii) Strong seismic ground shaking? (Sources: 1) iii) Seismic -related ground failure, including liquefaction? (Sources: I) iv) Landslides? (Sources: 1) b) Result in substantial soil erosion or the loss of topsoil? (Sources: 1) c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? (Sources: 1) d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (Sources: 1) e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (Sources: 1) Potentially Less Than Less Than No Significant Significantw! Significant Impact Impact Mitigation Impact Incorporation C P X X X The Rose Canyon Fault (a concealed fault) lies 2-3 kilometers to the north of the City. This amendment will not expose people or property to geologic hazards such as earthquakes, landslides, or similar hazards to any extent greater than any existing ordinance for commercial development would allow. The Flood Map identifies 100 year flood zones (Zones A, AE, and AO) within portions of the City adjacent to Paradise Creek and the Sweetwater River. These are areas include 100 year floods at various depths. However, the majority of the city is in Zone X, which is identified as a 500 year floodplain. The proposed amendment does not permit a specific project, but rather updates the regulations when dealing with fast food restaurants. Also, all projects would be required to comply National City Code requirements as well as undergo the appropriate CEQA review. 9 Initial Study - Page 8 of 15 VII. HAZARDS & HAZARDOUS MATERIALS Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Sources: 1) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Sources: 1) c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Sources: 1) d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Sources: 1) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (Sources: 1) f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? (Sources: 1) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Sources: 1) h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (Sources: 1) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation r X X X X J X C _ X 7 X X The proposed amendment will not result in a release of hazardous materials or other hazardous conditions. It will also not result in exposure to wildfire risk. While there are sites within the City that are within 'A mile of a school or listed on the State Hazardous Waste and Substances Site list, this amendment will not result in increased exposure to such hazards. All projects subject to the amendment will follow the requirements of CEQA, including appropriate review. VIII. HYDROLOGY AND WATER QUALITY Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation impact Incorporation a) Violate any water quality standards or waste discharge requirements? (Sources: 1) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., 10 Initial Study - Page 9 of 15 the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (Sources: 1) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? (Sources: 1) d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (Sources: 1) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (Sources: 1) f) Otherwise substantially degrade water quality? (Sources: 1) g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Sources: 1) h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? (Sources: 1) i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? (Sources: 1) j) Inundation by seiche, tsunami, or mudflow? (Sources: 1) 1 X X X ❑ ❑ x ❑ x ❑ x ❑ ❑ ❑ x The amendment would not prevent any projects from complying with Code requirements for drainage and surface runoff concerns. There are areas within the City that are within the 100 year floodplain, but these sites would be required to undergo the appropriate CEQA review before development that might be subject to this amendment. The majority of the City is Zone X, which is identified as a 500 year floodplain. Construction of any and all commercial buildings are required to meet applicable building codes for construction and seismic safety and for construction within flood hazard areas. IX. LAND USE & PLANNING Would the project: a) Physically divide an established community? (Sources: 1, 2, 3) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (Sources: 1, 2, 3) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X X II Initial Study - Page 10 of 15 The proposed amendment would not physically divide an established community nor conflict with any established land use plans. The proposed amendment does not permit a specific project, but rather updates the regulations when dealing with fast food restaurants. The amendment allows for fast food outlets in areas which already permit commercial development. Also, all projects would be required to comply National City Code requirements as well as undergo the appropriate CEQA review. X. MINERAL RESOURCES Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? (Sources: 1) b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Sources: 1) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X The proposed amendment will not cause an unavailability loss of mineral resources, as no mineral resources are known to exist within the city. In addition, any development subject to the amendment would be required to undergo the appropriate CEQA review before development. XI. NOISE Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (Sources: 1, 2, 3) b) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? (Sources: 1, 2, 3) c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? (Sources: 1) d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (Sources: 1, 2, 3) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Sources: 1, 2, 3) f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (Sources: 1, 2, 3) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X X X X Adoption and implementation of the proposed amendment would not expose people to noise levels in excess of established codes. Construction of any new fast food outlets would be required to meet standards required by the City's Noise Ordinance (Title 12 of the Municipal Code). All projects would be subject to the National City 12 Initial Study - Page 11 of 15 Municipal Code, which control design guidelines for would not impact adjacent uses (e.g., related to noise, environmental review prior to approval and the start city that are within two miles of an airport. XII. POPULATION & HOUSING Would the project: drive -through restaurants, and would ensure a design that glare, and traffic flow) and would undergo the appropriate of construction. In addition, there are no areas within the a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (Sources: 1, 2, 3) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Sources: 1, 2, 3) c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Sources: 1, 2, 3) Potentially Significant Impact Less Than Significant w/ Mitigation Incorporation C Less Than No Significant Impact Impact X X X Seeing as the amendment only affects the type of commercial uses permitted in commercial zones, no population growth is expected either directly or indirectly. The areas affected are already commercial in nature; therefore, no housing would be otherwise eliminated or people displaced. XIII. PUBLIC SERVICES Potentially Significant Impact a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (Sources: 1) Police protection? (Sources: 1) Schools? (Sources: 1) Parks? (Sources: 1) Other public facilities? (Sources: 1) Less Than Significant w/ Mitigation Incorporation Less Than No Significant Impact Impact C 13 Initial Study - Page 12 of 15 This amendment will result in a wider set of allowable commercial uses in existing commercial -zoned properties. Therefore, no addition impacts to services would be created above what existing or potential commercial uses on the affected parcels would generate. Each project will also be subject to National City Municipal Code and any applicable state codes with regard to the payment of the development's fair share of impact fees. XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Sources: 1, 2, 3) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Sources: 1,2,3) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation C X X The amendment will not impact recreational facilities as the amendment only affects commercial properties, which would not increase the number of residents, and would not require additional recreational facilities or associated impact fees. XV. TRANSPORTATION/TRAFFIC Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (Sources: 1, 2, 3) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (Sources: 1, 2, 3) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (Sources: 1, 2, 3) d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Sources: 1, 2, 3) e) Result in inadequate emergency access? (Sources: 1, 2, 3) f) Result in inadequate parking capacity? (Sources: 1, 2, 3) g) Conflict with adopted policies plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Sources: 1, 2, 3) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation L 1 C C C C X X X X 14 Initial Study - Page 13 of 15 The amendment will not affect circulation patterns or impede the City in meeting its level of service goals. The amendment will not result in unanticipated development, but rather will allow fast food outlets to locate within 300 feet of residential zoned properties in areas already zoned for commercial use. In addition, development proposed subject to the amendment would be subject to the National City Municipal Code and would undergo the appropriate environmental review prior to approval and construction. Since the City is considered built -out, generally development that occurs pursuant to this amendment would be infill or redevelopment. Redevelopment would essentially replace existing structures with new commercial development and would not substantially increase traffic or change traffic patterns above what has already been analyzed in the most recent General Plan EIR. XVI. UTILITIES & SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (Sources: 1) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Sources: 1) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Sources: 1) d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (Sources: 1) e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (Sources: 1) f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (Sources: 1) g) Comply with federal, state, and local statutes and regulations related to solid waste? (Sources: 1) Potentially Significant Impact Less Than Less Than No Significant w/ Significant Impact Mitigation Impact Incorporation C _ X C C C X X X X X X The amendment will not produce significant increases in demand for wastewater or stormwater infrastructure of facilities above what has already been analyzed in the most recent General Plan EIR. Any projects subject to the amendment will follow the appropriate CEQA review, including a review to determine adequate service availability of appropriate fees to accommodate such services. 15 Initial Study - Page 14 of 15 XVII. MANDATORY FINDINGS of SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? (Sources: 1) b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? (Sources: 1) c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? (Sources: 1) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation C C _ X 11 X X No significant impacts to the environment as a result of this project have been identified. Adopting or implementing this amendment will not have an affect on animal or plant life, eliminate examples of California history, or have a substantial adverse effect on human beings, either directly or indirectly. Cumulative impacts of additional fast food restaurants would not be over and above the same properties being developed with currently permitted commercial uses. Any changes to the existing land use framework have been considered in the City's General Plan and the City is prepared to accept the development anticipated. 16 Initial Study - Page 15 of 15 REFERENCE SOURCES: Reference # Document Title 1 National City General Plan 2 City of National City Municipal Code 3 Environmental Assessment Form for project Available for Review at: National City Planning Departmen 1243 National City Boulevard National City, CA 91950 National City Planning Division National City Planning Division 17 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CERTIFYING A NEGATIVE DECLARATION, AND AUTHORIZING THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO FILE A NOTICE OF DETERMINATION RELATED TO AMENDING SECTION 18.30.360 OF TITLE 18 (LAND USE CODE) OF THE NATIONAL CITY MUNICIPAL CODE RELATED TO FAST FOOD RESTAURANT LOCATIONAL REQUIREMENTS. APPLICANT: THE FOCUS GROUP CASE FILE NO. 2013-12 IS WHEREAS, application was made for an Initial Study, for which a Negative Declaration related to amending Section 18.30.360 of Title 18 (Land Use Code) of the National City Municipal Code related to fast food restaurant locational requirements, was prepared and reviewed; and WHEREAS, on August 20, 2013, the Planning Commission of the City of National City considered the proposed Negative Declaration, (for which no comments were received during the public review process) and recommended approval of the Negative Declaration; and WHEREAS, the City Council considered said Negative Declaration, for which no comments were received during the public review process, at a duly advertised public hearing held on September 3, 2013; and WHEREAS, at said public hearing the City Council considered the staff report provided for Case File No. 2013-12 IS, which is maintained by the City and incorporated herein by reference, along with evidence and testimony at said hearing; and WHEREAS, the City Council has considered the Planning Commission's report and recommendation, and the presentation of staff regarding the proposed Negative Declaration; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the testimony and evidence presented to the Planning Commission at the public hearing held on August 20, 2013, and to the City Council at the public hearing held on September 3, 2013 support the following findings: 1. That the Negative Declaration (2013-12 IS) has been read and considered together with any comments received during the public review process; and 2. That based on the whole record including the Initial Study, there is no substantial evidence that the project will have a significant effect on the environment, and that the Negative Declaration reflects the City's independent judgment and analysis. BE IT FURTHER RESOLVED that the record of proceedings upon which this decision is based is located at the City of National City Planning Department who is the custodian of these documents. Resolution NO. 2013 — Page Two BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 3rd day of September, 2013. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 3, 2013 AGENDA ITEM NO. 9 TEM TITLE: Warrant Register #5 for the period of 7/23/13 through 7/30/13 in the amount of $885,413.58. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Fiinna/o PHONE: 619-336-4331 APPROVED BY: /' �C G EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 7/23/13 through 7/30/13. In accordance with Finance Department policy, below is an explanation of all warrants above $50,000.00. Vendor Check Amount Explanation Health Net Inc 308440 62,161.14 Health Insurance R1192A August 2013 Kaiser Health Plans 308444 161,075.59 Insurance Active 104220- 0002 / August 2013 Hoch Armstrong Gen Eng 308448 177,959.31 Citywide Pedestrian Crossing Project FINANCIAL STATEMENT: ACCOUNT NO. N/A APPROVED: '7i APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $885,413.58 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Narrant Register #5 PAYEE PROJECT PROFESSIONALS CORP. BOARD OF EQUALIZATION BOARD OF EQUALIZATION KANE BALLMER & BERKMAN OPPER & VARCO ALLIANT INSURANCE SVCS INC AFLAC AIRGAS WEST ALDEMCO ALL THE KINGS FLAGS AMERICAN BACKFLOW SPECIALTIES AUSTIN DOORS AWARD MASTER INC BOOT WORLD BSN SPORTS BUREAU VERITAS N AMERICA INC CA PROPERTY SPECIALISTS INC CALIFORNIA COMMERCIAL SECURITY 'RL WARREN & COMPANY TY OF CHULA VISTA L.ITY OF EL CAJON CLAIMS MANAGEMENT ASSOCIATES COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO CSA SAN DIEGO COUNTY DECKSIDE POOL SERVICE DELTA CARE USA DEPARTMENT OF TRANSPORTATION DISCOUNT SPECIALTY CHEMICALS D-MAX ENGINEERING DREW FORD FASTENAL FOREIGN SPEEDO INC FUN FLICKS GALLEGOS, J GEOSYNTEC CONSULTANTS INC GIL, E HARRIS & ASSOCIATES INC HCFA C/O CITY OF EL CAJON HEALTH NET HEALTH NET INC 'ODGES, B EDRO SCAPE PRODUCTS INC EBAN FLORAL KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KIMLEY HORN AND ASSOC INC WARRANT REGISTER # 5 7/30/2013 DESCRIPTION STREET RESURFACING/CDBG CONCRETE PROJEC SALES TAX LIABILITY /APR - JUN 2013 SALES TAX LIABILITY THRU 12/31/2012 LEGAL / NATIONAL CITY AB 1484 LEGAL/TOD LIABILITY INSURANCE FUND AFLAC ACCT BDM36 - AUG 2013 MOP 45714 WEARING APPAREL FOOD / NUTRITION US EMBOSSED COTTEN H&G PURCHASE OF BACKFLOWS, GAUGES DOOR REPAIRS CROWNS FOR 2013 PAGEANT MOP 64096 WEARING APPAREL TENNIS NETS WITH CENTER STRAP PED. CROSSING ENHANCEMENT, MAY & JUNE SERVICES / WESTSIDE SPEC PLAN MOP 45754 R&M BUILDINGS 1503888/1503889 LIABILITY CLAIM COSTS ANIMAL SHELTER COSTS/JUN 2013/ PD SD CONSORTIUM TRAINING LIABILITY CLAIMS SVCS / JULY 2013 ASSESSOR MAPS, JUL 1, 2012 - JUN 30, 2013 LAFCO COST FOR FY 13-14 PERMIT FEES - HAZARDOUS MATERIALS CDBG EXPENSE REIMB 4TH QUARTER HYDROCHLORIC ACID, DRY CHLORINE PMI COBRA DENTAL INS - JUNE 2013 HIGHWAY LIGHTING KLEEN OUT II DRAIN OPENER STORM WATER SERVICES, 2012-2013 MOP 49078 AUTO PARTS CRINOLINE & TRI-TAP/QUAD OUTLET BOX SPEEDOMETER CHECKS 16-FT BACKYARD MOVIE SCREEN / CSD REPLACEMENT - DIRECT DEPOSIT FOR 7/31/13 EDUCATION VILLAGE REFUND FEE / POOL 8TH ST. SMART GROWTH CORRIDOR REVITALIZE HCFA QUARTERLY BILLING FY12-13 FULL NETWORK 57135A - AUG 2013 HEALTH INS R1192A - AUG 2013 RETIREE HEALTH BENEFITS / REPLACEMENT MOP 45720 PIPES, VALVES & FITTINGS FLOWERS FOR 2013 PAGEANT INS ACTIVE - AUG 2013 104220-0002 INS HD HSA ACTIVE - AUG 2013 GRP#104220 RET INS -COBRA JUNE 2013 GRP #104220-700 COMMUNITY CORRIDOR REDESIGN/BID PACKAGE 1/2 CHK NO DATE AMOUNT 308399 7/25/13 26,498.00 308400 7/30/13 1,930.00 308401 7/30/13 880.00 308402 7/30/13 3,667.50 308403 7/30/13 2,536.32 308404 7/30/13 274.22 308405 7/30/13 911.68 308406 7/30/13 457.36 308407 7/30/13 3,060.63 308408 7/30/13 356.59 308409 7/30/13 251.04 308410 7/30/13 632.50 308411 7/30/13 145.80 308412 7/30/13 184.64 308413 7/30/13 429.00 308414 7/30/13 36,375.00 308415 7/30/13 1,550.00 308416 7/30/13 450.35 308417 7/30/13 710.22 308418 7/30/13 26,859.00 308419 7/30/13 2,590.00 308420 7/30/13 4,965.00 308421 7/30/13 3.52 308422 7/30/13 16,817.00 308423 7/30/13 754.00 308424 7/30/13 14,921.27 308425 7/30/13 3,205.93 308426 7/30/13 71.03 308427 7/30/13 6,321.19 308428 7/30/13 426.47 308429 7/30/13 20,615.67 308430 7/30/13 63.87 308431 7/30/13 208.62 308432 7/30/13 90.00 308433 7/30/13 500.00 308434 7/30/13 218.92 308435 7/30/13 3,243.27 308436 7/30/13 394.00 308437 7/30/13 10,280.00 308438 7/30/13 1,467.05 308439 7/30/13 5,377.98 308440 7/30/13 62,161.14 308441 7/30/13 400.00 308442 7/30/13 125.98 308443 7/30/13 175.00 308444 7/30/13 161,075.59 308445 7/30/13 2,476.01 308446 7/30/13 919.72 308447 7/30/13 33,410.00 PAYEE KOCH ARMSTRONG GENERAL ENGR KTU&A LASER SAVER INC METRO FIRE & SAFETY MEYERS/NAVE LAW CORP MUNICIPAL MAINTENANCE EQUIP NATIONAL CITY CHAMBER OF NINYO & MOORE PERRY FORD POWERSTRIDE BATTERY CO INC PRIME SPORTS SALES & DESIGN PRO BUILD PRUDENTIAL OVERALL SUPPLY RAUCH DETISCH & STEINKE RAUCH DETISCH & STEINKE RBF CONSULTING RELIANCE STANDARD RON TURLEY ASSOCIATES INC SANDAG SDG&E SHEPHARD, S SOUTH BAY COMMUNITY SERVICES STACK TRAFFIC CONSULTING INC STAPLES ADVANTAGE STATE FIRE TRAINING SUBPOENA COMPLIANCE PAYMENTS SWANK MOTION PICTURES INC SWEETWATER AUTHORITY THE LINCOLN NATIONAL LIFE INS LE, T THOMSON WEST UNIFIED PORT OF SAN DIEGO VALDERRAMA, D VALLEY INDUSTRIAL SPECIALTIES VCA EMERGENCY ANIMAL HOSPITAL VISION SERVICE PLAN (CA) WAXIE SANITARY SUPPLY WILLY'S ELECTRONIC SUPPLY SECTION 8 HAPS PAYMENTS THE BANK OF NEW YORK MELLON WARRANT REGISTER # 5 7/30/2013 DESCRIPTION CITYWIDE PEDESTRIAN CROSSING PROJECT NC SMART FOUNDATION, JUNE, 2013 MOP 75725 MATERIALS & SUPPLIES PYROCHEM PCL 300 SEMI-ANNUAL SYSTEM 2013060158 LEGAL SVCS - AMORTIZATION DOOR GASKETS PER FOOT SOLD IN 20' COMMUNITY ENHANCEMENT JUL-SEP 2013 SOIL TESTING, PEDESTRIAN CROSSING PROJECT MOP 45703 R&M AUTO EQUIPMENT MOP 67839 AUTO PARTS LADIES SPORTS SHIRTS MOP 45707 MATERIALS & SUPPLIES MOP 45742 LAUNDRY SERVICE PLAZA WIDENING PROJECT PLAZA WIDENING PROJECT 8TH ST. SAFETY ENHANCEMENTS VOLUNTARY LIFE INS - AUG 2013 RTA ANNUAL MAINTENANCE MEMBER AGENCY ASSESSMENTS FACILITIES GAS & ELECTRIC REIMB - MULTI -AGENCY SWEEP 07/11/13 CDBG EXPENSE REIMB / APR-JUN 2013 JUNE HRS. TRAFFIC SIGNAL COMM. SERVICES MOP 45704 OFFICE SUPPLIES - CITY CLERK CA STATE FIRE MARCHAL CERTIFICATION WIRE TAP FEES DVD DESPICABLE ME LICENSE FACILITIES WATER BILL LIFE & AD&D, STD, LTD INS - AUG 2013 REFUND - POOL PUNCH PASS ONLINE LEGAL RESEARCH FOR FY13 MOU AMENDMENT #2 REFUND - POOL PUNCH PASS MOP 46453 PLUMBING MATERIAL STRAY ANIMAL VET CARE / POLICE VISION SVC PLAN (CA) JULY 2013 JANITORIAL SUPPLIES MOP 45763 AUTO PARTS Start Date End Date 7/23/2013 7/30/2013 HUD 108 LOAN CHK NO DATE 308448 7/30/13 308449 7/30/13 308450 7/30/13 308451 7/30/13 308452 7/30/13 308453 7/30/13 308454 7/30/13 308455 7/30/13 308456 7/30/13 308457 7/30/13 308458 7/30/13 308459 7/30/13 308460 7/30/13 308461 7/30/13 308462 7/30/13 308463 7/30/13 308464 7/30/13 308465 7/30/13 308466 7/30/13 308467 7/30/13 308468 7/30/13 308469 7/30/13 308470 7/30/13 308471 7/30/13 308472 7/30/13 308473 7/30/13 308474 7/30/13 308475 7/30/13 308476 7/30/13 308477 7/30/13 308478 7/30/13 308479 7/30/13 308480 7/30/13 308481 7/30/13 308482 7/30/13 308483 7/30/13 308484 7/30/13 308485 7/30/13 GRAND TOTAL AM Total 7/25/13 2/2 AMOUNT 177,959.31 5,820.00 213.20 342.42 10,089.50 129.68 11,250.00 4,559.00 221.22 317.21 442.85 1,694.18 516.48 7,526.72 54.46 5,475.86 2,781.43 1,654.50 12,9f 8: 100.00 720.00 1,250.00 935.10 195.00 470.00 321.00 28,656.00 8,505.22 32.00 191.84 6,000.00 22.00 112.52 103.00 120.45 2,615.93 24.01 756,607.81 2,375.02 126 d $ 885,413.58 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 IIAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN LUIS NATIVIDAD, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, 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 3'd OF SEPTEMBER, 2013. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 3, 2013 AGENDA ITEM NO. 10 TEM TITLE: Warrant Register #6 for the period of 7/31/13 through 8/6/13 in the amount of $8,691,411.29. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Fin�a,��nce•� , PHONE: 619-336-4331 APPROVED BY: `e'ltt4i EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 7/31/13 through 8/6/13. In accordance with Finance Department policy, below is an explanation of all warrants above $50,000.00. Vendor Check CSAC Excess Ins Liability 308546 Northrop Grumman Corp 308570 Public Emp Ret System 308575 >ANPIPA 308579 Amount 119,583.00 66,964.00 304,301.06 105,844.00 Explanation Excess Workers Comp Insurance Automated Field Reporting Support Retirement Insurance Period 7/09/13 — 7/22/13 Workers Comp Claims Cost FINANCIAL STATEMENT: ACCOUNT NO. N/A APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $8,691,411.29 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Varrant Register #6 1/J WARRANT REGISTER #6 8/6/2013 PAYEE DESCRIPTION CHK NO DATE AMOUNT ACEDO, I RETIREE HEALTH BENEFITS - AUG 2013 308486 8/1/13 160.00 ALLEN, R RETIREE HEALTH BENEFITS - AUG 2013 308487 8/1/13 125.00 ANDERSON, E RETIREE HEALTH BENEFITS - AUG 2013 308488 8/1/13 110.00 BEARD, P RETIREE HEALTH BENEFITS - AUG 2013 308489 8/1/13 70.00 BECK, L RETIREE HEALTH BENEFITS - AUG 2013 308490 8/1/13 140.00 BISHOP, R RETIREE HEALTH BENEFITS - AUG 2013 308491 8/1/13 110.00 BOEGLER, C RETIREE HEALTH BENEFITS - AUG 2013 308492 8/1/13 260.00 BOYD, P RETIREE HEALTH BENEFITS - AUG 2013 308493 8/1/13 145.00 CONDON, D RETIREE HEALTH BENEFITS - AUG 2013 308494 8/1/13 280.00 CORPUZ, T RETIREE HEALTH BENEFITS - AUG 2013 308495 8/1/13 140.00 DANESHFAR, Z RETIREE HEALTH BENEFITS - AUG 2013 308496 8/1/13 250.00 DESROCHERS, P RETIREE HEALTH BENEFITS - AUG 2013 308497 8/1/13 110.00 DI CERCHIO, A RETIREE HEALTH BENEFITS - AUG 2013 308498 8/1/13 70.00 DREDGE, J RETIREE HEALTH BENEFITS - AUG 2013 308499 8/1/13 250.00 EISER III, E RETIREE HEALTH BENEFITS - AUG 2013 308500 8/1/13 250.00 FABINSKI, D RETIREE HEALTH BENEFITS -AUG 2013 308501 8/1/13 220.00 GELSKEY, K RETIREE HEALTH BENEFITS - AUG 2013 308502 8/1/13 115.00 GIBBS JR, R RETIREE HEALTH BENEFITS - AUG 2013 308503 8/1/13 120.00 °ZNSON, E RETIREE HEALTH BENEFITS - AUG 2013 308504 8/1/13 135.00 {DGES, B RETIREE HEALTH BENEFITS - AUG 2013 308505 8/1/13 200.00 INDO, E RETIREE HEALTH BENEFITS - AUG 2013 308506 8/1/13 110.00 JAMES, R RETIREE HEALTH BENEFITS - AUG 2013 308507 8/1/13 140.00 JUNIEL, R RETIREE HEALTH BENEFITS - AUG 2013 308508 8/1/13 50.00 KIMBLE, R RETIREE HEALTH BENEFITS - AUG 2013 308509 8/1/13 300.00 LANDA, A ' RETIREE HEALTH BENEFITS - AUG 2013 308510 8/1/13 155.00 LIMFUECO, M RETIREE HEALTH BENEFITS - AUG 2013 308511 8/1/13 160.00 MALDONADO, J RETIREE HEALTH BENEFITS - AUG 2013 308512 8/1/13 130.00 MATIENZO, M RETIREE HEALTH BENEFITS - AUG 2013 308513 8/1/13 100.00 MC CABE, T RETIREE HEALTH BENEFITS - AUG 2013 308514 8/1/13 280.00 MEDINA, R RETIREE HEALTH BENEFITS - AUG 2013 308515 8/1/13 105.00 MURRAY, J RETIREE HEALTH BENEFITS - AUG 2013 308516 8/1/13 150.00 MYERS, B RETIREE HEALTH BENEFITS - AUG 2013 308517 8/1/13 140.00 NOSAL, W RETIREE HEALTH BENEFITS - AUG 2013 308518 8/1/13 1,176.44 NOTEWARE, D RETIREE HEALTH BENEFITS - AUG 2013 308519 8/1/13 120.00 OCHOA, I RETIREE HEALTH BENEFITS - AUG 2013 308520 8/1/13 125.00 PAUU JR, P RETIREE HEALTH BENEFITS - AUG 2013 308521 8/1/13 340.00 PEASE JR, D RETIREE HEALTH BENEFITS - AUG 2013 308522 8/1/13 140.00 PETERS, S RETIREE HEALTH BENEFITS - AUG 2013 308523 8/1/13 290.00 POST, R RETIREE HEALTH BENEFITS - AUG 2013 308524 8/1/13 280.00 POTTER, C RETIREE HEALTH BENEFITS - AUG 2013 308525 8/1/13 150.00 RAY, S RETIREE HEALTH BENEFITS - AUG 2013 308526 8/1/13 190.00 ROARK, L RETIREE HEALTH BENEFITS -AUG 2013 308527 8/1/13 135.00 ROE, V RETIREE HEALTH BENEFITS -AUG 2013 308528 8/1/13 120.00 1Z, J RETIREE HEALTH BENEFITS - AUG 2013 308529 8/1/13 310.00 / RVATIUS, J RETIREE HEALTH BENEFITS - AUG 2013 308530 8/1/13 340.00 .,,4ORT, C RETIREE HEALTH BENEFITS -AUG 2013 308531 8/1/13 300.00 STRASEN, W RETIREE HEALTH BENEFITS - AUG 2013 308532 8/1/13 135.00 TRIVIZ, R RETIREE HEALTH BENEFITS - AUG 2013 308533 8/1/13 135.00 URIAS, N RETIREE HEALTH BENEFITS - AUG 2013 308534 8/1/13 125.00 PAYEE ZIETLOW, D NAPOLEONE PIZZA AIRGAS WEST AT&T MCI AT&T MOBILITY CA PARKS AND RECREATION CEB CHRISTENSEN & SPATH LLP CITY ATTORNEYS ASSOCIATION COUNTY OF SAN DIEGO COX COMMUNICATIONS CSAC EXCESS INS AUTHORITY CSULB FOUNDATION DATA TICKET INC DREW FORD FBINAA CALIFORNIA CHAPTER GTC SYSTEMS INC HARRIS & ASSOCIATES INC HOME DEPOT CREDIT SVCS HONEYWELL INTERNATIONAL INC HYDRO SCAPE PRODUCTS INC JERAULDS CAR CARE CENTER KONICA MINOLTA LASER SAVER INC MASON'S SAW & MATERIAL SALES INC. MCGOUGH,J METRO AUTO PARTS DISTRIBUTOR NAPA AUTO PARTS NATIONAL CITY TROPHY NORTHROP GRUMMAN CORPORATION PERRY FORD PRO BUILD PROJECT PROFESSIONALS CORP. PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM REYES, J RIVERSIDE COUNTY SHERIFF DEPT SAFDIE RABINES ARCHITECTS SANDPIPA SDG&E SKS INC. SMART SOURCE OF CA LLC STACK TRAFFIC CONSULTING INC STAPLES ADVANTAGE SWEETWATER AUTHORITY THE LIGHTHOUSE INC TRAINING AND CONSULTING TEAM UNITED PARCEL SERVICE WARRANT REGISTER #6 8/6/2013 DESCRIPTION RETIREE HEALTH BENEFITS - AUG 2013 POLICE LT. RECRUITMENT PANEL LUNCH MOP 45714 WEARING APPAREL SBC AT&T PHONE SERVICE SECURE WIRELESS CIRCUIT THROUGH PD RECREATION SUPPLIES CA MUNICIPAL LAW HANDBOOK LEGAL SERVICES MEMBERSHIP SD SHARE OF PC REV FOR JUNE 2013 COX COMMUNICATIONS DATA AND VIDEO EXCESS WC INSURANCE TUITION: FIELD EVIDENCE TECHNICIAN DATA TICKET APPEALS, JUNE 2013 MOP 49078 AUTO PARTS TUITION: 2013 ADVANCED TRAINER-FBINAA NETWORK ENGINEERING SERVICES DEPOSIT #1853 8 ON C PUR ULT VERT MOUNT WATER FLTR SYSTEM FILTER MATERIAL MOP 45720 PIPES, VALVES & FITTINGS MOP 72449 R&M AUTO EQUIPMENT COPIER EQUIPMENT LEASE MOP 45725 INK CARTRIDGES - PD MOP 45729 SMALL TOOLS PS ROUND TUBE/CUTTING SUBSISTENCE - BASIC CRIMINAL INVESTIGATION MOP 75943 AUTO PARTS MOP 45735 AUTO PARTS MOP 66556 BUILDING MATERIAL AUTOMATED FIELD REPORTING SUPPORT MOP 45703 R&M AUTO EQUIPMENT MOP 45707 PLUMBING MATERIAL ST. RESURFACING/CDBG CONCRETE MOP 45742 LAUNDRY SERVICES SERVICE PERIOD 07/09/13 - 07/22/13 LIABILITY CLAIM COSTS TUITION - BASIC CRIMINAL INVESTIGATIONS AQUATIC CENTER WC CLAIM COSTS FACILITIES GAS & ELECTRIC MOBIL FLEET 15W40 BULK MOP 63845 BUSINESS CARDS - WRIGHT PLAZA BONITA SIGNAL MODIFICATION MOP 45704 OFFICE SUPPLIES - ENG PARKS WATER MOP 45726 AUTO PARTS TUITION: CANINE LIABILITY FOR PATROL SUP UPS SHIPMENT CHK NO DATE AMOUNT 308535 8/1/13 150.00 308536 8/5/13 81.75 308537 8/6/13 464.66 308538 8/6/13 8,751.65 308539 8/6/13 1,690.93 308540 8/6/13 96.00 308541 8/6/13 346.45 308542 8/6/13 6,215.22 308543 8/6/13 700.00 308544 8/6/13 13,778.84 308545 8/6/13 58.24 308546 8/6/13 119,583.00 308547 8/6/13 669.00 308548 8/6/13 3,315.98 308549 8/6/13 459.91 308550 8/6/13 275.00 308551 8/6/13 7,995.00 308552 8/6/13 3,060.00 308553 8/6/13 'R 308554 8/6/13 308555 8/6/13 308556 8/6/13 69.45 308562 8/6/13 21,336.71 308563 8/6/13 1,686.32 308564 8/6/13 494.10 308565 8/6/13 174.18 308566 8/6/13 640.00 308567 8/6/13 121.46 308568 8/6/13 323.76 308569 8/6/13 84.48 308570 8/6/13 66,964.00 308571 8/6/13 389.62 308572 8/6/13 888.17 308573 8/6/13 6,056.50 308574 8/6/13 129.33 308575 8/6/13 304,301.06 308576 8/6/13 221.15 308577 8/6/13 179.00 308578 8/6/13 57,932.85 308579 8/6/13 105,844.00 308580 8/6/13 31,758.84 308581 8/6/13 3,351.52 308582 8/6/13 31.62 308583 8/6/13 5 308584 8/6/13 308585 8/6/13 308586 8/6/13 485.63 308587 8/6/13 75.00 308588 8/6/13 54.56 PAYEE UNITED ROTARY BRUSH VALLEY INDUSTRIAL SPECIALTIES VEJAR, M W W GRAINGER WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY ZEFERINO, L SECTION 8 HAPS PAYMENTS UNION BANK BNY MELLON DEUTSCHE BANK DEUTSCHE BANK DEUTSCHE BANK YROLL Pay period 16 Start Date 7/9/2013 WARRANT REGISTER #6 8/6/2013 DESCRIPTION MOP 62683 AUTO PARTS MOP 46453 PLUMBING MATERIALS LIABILITY CLAIM COSTS MOP 65179 BUILDING MATERIAL MOP 63850 AUTO PARTS MOP 45763 MISC SUPPLIES - MIS SUBSISTENCE: FIELD EVIDENCE TECHNICIAN Start Date 7/30/2013 End Date 8/6/2013 GO BOND OBLIGATION REFUNDING BONDS 2012 1999 TAX ALLOCATION HOUSING -DEBT SERVICE 2011 TAB 2005 TABS, SERIES A & B 2004 TAB, SERIES A End Date 7/22/2013 Check Date 7/31/2013 CHK NO DATE 308589 8/6/13 308590 8/6/13 308591 8/6/13 308592 8/6/13 308593 8/6/13 308594 8/6/13 308595 8/6/13 A/P Total 7/31/13 7/31/13 7/31/13 7/31/13 7/31/13 3/3 AMOUNT 838.00 43.28 350.00 1,160.45 102.16 403.34 1,483.86 792,725.67 723,876.72 305,025.00 239,087.50 1,582,685.88 3,807,667.25 399,270.00 841,073.27 GRAND TOTAL $ 8,691,411.29 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 LUIS NATIVIDAD, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, 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 3`d OF SEPTEMBER, 2013. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 3, 2013 AGENDA ITEM NO. 11 TEM TITLE: A Public Hearing to consider an Ordinance Amending Sections 18.30.360 and 18.41.020 (C) of Title 18 (Land Use Code) of the National City Municipal Code related to fast food restaurant locational requirements and drive -through business design guidelines. (Applicant The Focus Group) (Case File 2013-12 A) PREPARED BY: Martin Reeder, AICP DEPARTMENT: R PHONE: 619-336-4313 APPROVED BY: EXPLANATION: The amendments are related to a request to construct a fast food restaurant at 2100 Highland Avenue. The property is developed with an AutoZone and a 38-space parking lot. There is an undeveloped building pad located in the northeast corner of the lot that was installed at the time AutoZone was constructed in 2011, in anticipation of future development. The amendment would affect all properties in the MXC-2 and MXD-2 zone that are located within 300 feet of a residential zoned property. Changes to Title 18.30.360 and 18.41.020 were prepared and considered by the Planning Commission on August 19, 2013. The attached Background Report describes the changes in detail. Draft language is also attached for your review. If the Council is amenable to the draft language, the associated Ordinance is included for introduction in a subsequent agenda item. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Negative Declaration ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff concurs with the Planning Commission's recommendation to adopt the amendments to Title 18.30.360 and 18.41.020 (C) of the Municipal Code pertaining to fast food restaurants. BOARD / COMMISSION RECOMMENDATION: The Planning Commission recommended approval of the Code Amendments. Ayes: Alvarado, Baca, Bush, DeLaPaz, Flores, Garcia Absent: Pruitt ATTACHMENTS: 1. Background report 2. Existing Land Use Code Section 18.30.360 — Fast food eating places, and 18.41.020 (C) — Nonresidential site planning standards 3. Draft Changes to Title 18, Section 18.30.360 and 18.41.020 (C) of the Municipal Code 4. Public Notice BACKGROUND REPORT The project site is an approximately 11,700 square -foot property located on the east side of Highland Avenue south of East 21st Street. The block is comprised of three parcels and is in the MXC-2 (Major Mixed -Use Corridor) zone. The properties are developed with an AutoZone and a 38-space parking lot. There is also an undeveloped building pad located in the northeast comer of the lot that was installed at the time AutoZone was constructed, in anticipation of future development. The AutoZone was constructed in approximately 2011. The Planning Commission voted to initiate the Code Amendment at their meeting of June 17, 2013. The applicant has since also applied for a Conditional Use Permit that is being processed concurrently with the amendment and the environmental review. Since the property was developed, the previous property owner tried to market the vacant pad to potential commercial tenants, with most interest received from fast food companies. Generally, a fast food restaurant is permitted in most commercial and mixed - use zones with the issuance of a Conditional Use Permit. However, they may not be located within 300 feet of residential properties. Specifically, section 18.30.360 of the Land Use Code reads as follows: Fast food eating places shall be located a minimum of three hundred feet from any residential zoned properties. The current property owner (applicant) is currently negotiating with Popeye's (a fast food restaurant), currently located at 2333 Highland Avenue, to facilitate the relocation of the restaurant to the subject site. It is not known at this time if Popeye's will be the ultimate tenant or another restaurant franchise. However, the general proposal involves a new drive -through fast food restaurant. In order for this to be possible a Code Amendment would be needed to modify or remove section 18.30.360. The applicant and staff have worked together on proposed Code language that would accommodate the needs of the applicant without removing the City's ability to regulate the approval of potential fast food restaurants. It also addresses the need to notify all stakeholders (both property owners and occupants) affected by potential development as part of any CUP process. Proposed language amends the 300-foot buffer requirement to add a caveat precluding properties in the MXC-2 and MXD-2 zones. It also requires occupant notification, in addition to property owner notification, for all potential fast food CUP's, regardless of location. The proposed language (modifications underlined) reads as follows: 18.30.360 - Fast food eating places. A. Additional Notice Required. In addition to notices required pursuant to Section 18.12.050, written notice for a public hearing on a conditional use permit for a fast food eating place shall be provided to occupants of property within a radius of three hundred feet of the exterior boundaries of the property where the fast food eating place will be located. B. Fast food eating places shall be located a minimum of three hundred feet from any residential zoned properties, except for those located within the MXC 2 or MXD 2 zone. As part of the design process for a potential new fast food restaurant with drive -through at the subject location, the applicant has had challenges meeting drive -through site planning standards due to the compact and developed nature of the site. Specifically, section 18.41.020(C) (2) requires a minimum interior turning radius for drive -through aisles of 25 feet. In this case the design is severely restricted by the small area that can be developed. To alleviate this issue, the applicant wishes to have a lesser radius approved (20 feet). Rather than change the Code to reflect a smaller minimum, staff has suggested that language be added to allow review on a case -by -case basis through the CUP process. The City Engineer has agreed to this change, which would be as follows: 18.41.020 - Nonresidential site planning standards. C. Drive -Through Businesses. 2. Drive through business aisles shall have a minimum interior turning radius of 25 feet for any curves. A smaller radius may be established through the conditional use permit process with the approval of the City Engineer. The most recent iteration of the Land Use Code includes specific design guidelines for drive -through restaurants that were not included in the previous iteration of the Code. As well as minimum turning radii for aisles, as discussed above, minimum vehicular queuing distance and drive -through window location are also regulated. Furthermore, the requirement for a CUP allows staff to mandate other conditions on a case by case basis, as required. The MXC-2 (Major Mixed -Use Corridor) and MXD-2 (Major Mixed -Use District) zones are both areas of high -intensity commercial use. The MXC-2 zone includes Highland Avenue south of Plaza Blvd. and East 8th Street from Downtown to Interstate 805. The MXD-2 zones are located at the intersection of Plaza and Highland, east of Paradise Valley Hospital, along Sweetwater Road, and at Westfield Plaza Bonita. Most of the areas that would be affected by this Code Amendment, should it be approved, would be along Highland Avenue and 8th Street; most of the MXC-2 zoning in this area is in some cases only a half block from residential zoned properties. A map showing the areas potentially affected is included with this report. However, it should be 2 pointed out that any potential fast food restaurant would still require a CUP, regardless of which zone it is allowed in. According to staff research, there are a total of 218 MXD-2-zoned properties and 329 MXC-2-zoned properties. Of these 547 parcels, approximately 139 (25%) are further than 300 feet away from residential zoned properties and could potentially be developed with a fast food restaurant today (with an approved CUP). If the Code is changed, an additional 408 parcels would have the same potential. However, based on staff research, all but approximately 42 of these affected parcels are developed, leaving about 8% of overall affected parcels with development potential. Most of the MXC-2-zoned properties (the zone the project location is within) are located along Highland Avenue. Given that many of these properties are not owner -occupied, the additional noticing requirement for tenants/occupants would ensure that these stakeholders are still part of the process. For example, the associated Conditional Use Permit for this location has been noticed to 379 occupants. There are two General Plan policies that reference fast food restaurants: Policy HEJ-4.2: Encourage the development of healthy food establishments in areas with a high concentration of fast food establishments, convenience stores, and liquor stores. Policy HEJ-5.4: Discourage unhealthy fast food outlets from locating near schools. This segment of Highland Avenue is generally not heavily concentrated with the type of businesses mentioned in HEJ-4.2 (between Plaza Blvd. and 30th Street). Out of the 20 blocks in this segment there are eight fast food restaurants: Roberto's Taco Shop 1400 Block McDonald's 1600 Block El Pollo Loco 1700 Block Las Ranchero's (vacant) 1700 Block Jack In the Box 1700 Block Wienerschnitzel 1800 Block Tacos el Gordo 1900 Block Popeye's Chicken & Biscuits (no drive -through) 2300 Block With the exception of the 1700 block of Highland Avenue, there is less than one fast food restaurant on each block. It is not known if more healthy establishments are being consulted or have been offered the opportunity to locate at the project location. With regard to HEJ-5.4, it is not clear how healthy or unhealthy the ultimate menu will be due to the uncertainty of the eventual tenant. However, the nearest schools (Otis Elementary to the north and Olivewood Elementary to the south) are approximately a quarter -mile away — not particularly near. 3 A CEQA (California Environmental Quality Act) checklist was prepared to analyze the potential for any significant impacts to the environment as a result of this project. No such impacts were identified. The checklist found that adopting this Code Amendment would not have an effect on animal or plant life, eliminate examples of California history, or have a substantial adverse effect on human beings, either directly or indirectly. It found that cumulative impacts of additional fast food restaurants would not be over and above the same properties being developed with currently permitted commercial uses. Any changes to the existing land use framework were considered in the City's General Plan and the City is prepared to accept the development anticipated. A copy of the CEQA checklist and the associated Negative Declaration are attached to this report. The most recent Land Use Code has bolstered the requirements for fast food restaurants. As a result, any new restaurants will be less likely to have negative impacts on surrounding uses. Although the 300-foot buffer from residential zoned properties is still appropriate in minor mixed -use zones (among others), allowing such restaurants in major mixed -use areas where other high -intensity uses are located would have less of an impact. This is particularly germane given that a Conditional Use Permit is still required for a fast food restaurant. Therefore, additional studies regarding lighting, noise, traffic, aesthetics, etc. can be required or conditioned on a case by case basis. More importantly, approving the Code Amendment would not result in automatic permission to build a fast food restaurant anywhere in the City. Changes to Title 18.30.360 and 18.41.020 were prepared and considered by the Planning Commission on August 19, 2013. The Commission voted to recommend approval of the amendments and also to adopt the Negative Declaration. 4 Existing Code Language 18.30.360 - Fast food eating places. Fast food eating places shall be located a minimum of three hundred feet from any residential zoned properties. 18.41.020 - Nonresidential site planning standards. These standards apply to those areas in the city that will be developed as commercial use without a residential component (mixed -use) or areas where only a commercial use is permitted. This section considers two basic types of development: freestanding buildings and multi -tenant strip developments including mini -malls. C. Drive -Through Businesses. 1. Minimum vehicular queuing distance shall be established through the conditional use permit process. 2. Drive through business aisles shall have a minimum interior turning radius of 25 feet for any curves. 3. A drive -through window or lane shall not be placed between the right-of-way or internal drive and the associated building unless a ten -foot wide landscape strip extending the entire length of the drive -through queuing is installed and maintained with a minimum three-foot height continuous hedge and ornamental trees spaced a minimum of twenty feet on center. 1 5 FAST FOOD EATING PLACES MUNICIPAL CODE AMENDMENT 18.30.360 - Fast food eating places. A. Additional Notice Required. In addition to notices required pursuant to Section 18.12.050, written notice for a public hearing on a conditional use permit for a fast food eating place shall be provided to occupants of property within a radius of three hundred feet of the exterior boundaries of the property where the fast food eating place will be located. B. Fast food eating places shall be located a minimum of three hundred feet from any residential zoned properties, except for those located within the MXC 2 or MXD 2 zone. 18.41.020 - Nonresidential site planning standards. These standards apply to those areas in the city that will be developed as commercial use without a residential component (mixed -use) or areas where only a commercial use is permitted. This section considers two basic types of development: freestanding buildings and multi -tenant strip developments including mini -malls. C. Drive -Through Businesses. 1. Minimum vehicular queuing distance shall be established through the conditional use permit process. 2. Drive through business aisles shall have a minimum interior turning radius of 25 feet for any curves. A smaller radius may be established through the conditional use permit process with the approval of the City Engineer. 3. A drive -through window or lane shall not be placed between the right-of-way or internal drive and the associated building unless a ten -foot wide landscape strip extending the entire length of the drive -through queuing is installed and maintained with a minimum three-foot height continuous hedge and ornamental trees spaced a minimum of twenty feet on center. 1 6 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m., Tuesday, September 3, 2013, in the City Council Chambers, Civic Center, 1243 National City Blvd., National City, CA., to consider: AN ORDINANCE AMENDING SECTIONS 18.30.360 AND 18.41.020 (C) OF TITLE 18 (LAND USE CODE) OF THE NATIONAL CITY MUNICIPAL CODE RELATED TO FAST FOOD RESTAURANT LOCATIONAL REQUIREMENTS AND DRIVE -THROUGH BUSINESS DESIGN GUIDELINES, AND ADOPTION OF A NEGATIVE DECLARATION. The full text of the proposed Code Amendment is available for viewing in the City Clerk's Office during normal business hours. The Planning Commission conducted a public hearing at their meeting of August 19, 2013 and voted 6-0 (with 1 absent) to recommend adoption of the Code Amendment and Negative Declaration. Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the Public Hearing. August 22, 2013 Michael R. Dalla, CMC City Clerk 7 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 3, 2013 TEM TITLE: An Ordinance of the City Council of the City of National City Amending Sections 18.30.360 and 18.41.020 (C) of Title 18 (Land Use Code) of the National City Municipal Code related to fast food restaurant locational requirements and drive -through business design guidelines. (Applicant The Focus Group) (Case File 2013-12 A) AGENDA ITEM NO. 12 /ViL. PREPARED BY: Martin Reeder, AICP ! DEPARTMENT: Plan PHONE: 619-336-4313 APPROVED BY: EXPLANATION: The City Council held a public hearing on proposed changes to amend Title 18 of the National City Municipal Code pertaining to fast food restaurant locational requirements and drive -through business design guidelines, at a Public Hearing on September 3, 2013. The attached Ordinance will fulfill that action. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: Negative Declaration ORDINANCE: INTRODUCTION: X, FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Introduce the Ordinance BOARD / COMMISSION RECOMMENDATION:, N/A ATTACHMENTS: �rdinance ORDINANCE NO. 2013 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTIONS 18.30.360 AND 18.41.020 (C) OF TITLE 18 (LAND USE CODE) OF THE NATIONAL CITY MUNICIPAL CODE RELATED TO FAST FOOD RESTAURANT LOCATIONAL REQUIREMENTS AND DRIVE -THROUGH BUSINESS DESIGN GUIDELINES WHEREAS, pursuant to the terms and provisions of the California Government Code, proceedings were duly initiated for the amendment of the National City Municipal Code; and WHEREAS, pursuant to legal notice, hearings were held by the Planning Commission and the City Council of National City, and all persons interested were given the opportunity to appear and be heard before said Planning Commission and City Council; and WHEREAS, the Planning Commission has regularly and duly certified its report to the City Council of National City and has recommended such amendment. NOW, THEREFORE, the City Council does ordain as follows; Section 1. All protests, if any, against said amendment to the Municipal Code and each of them be and hereby are denied and overruled. Section 2. That Section 18.30.360 of Title 18 of the Municipal Code be amended to read as follows: 18.30.360 - Fast food eating places. A. Additional Notice Required. In addition to notices required pursuant to Section 18.12.050, written notice for a public hearing on a conditional use permit for a fast food eating place shall be provided to occupants of property within a radius of three hundred feet of the exterior boundaries of the property where the fast food eating place will be located. B. Fast food eating places shall be located a minimum of three hundred feet from any residential zoned properties, except for those located within the MXC 2 or MXD 2 zone. Section 3. That Section 18.41.020 (C) of Title 18 of the Municipal Code be amended to read as follows: 18.41.020 - Nonresidential site planning standards. These standards apply to those areas in the city that will be developed as commercial use without a residential component (mixed - use) or areas where only a commercial use is permitted. This section considers two basic types of development: freestanding buildings and multi -tenant strip developments including mini -malls. A. (No Change) B. (No Change) C. Drive -Through Businesses. 1. Minimum vehicular queuing distance shall be established through the conditional use permit process. 2. Drive through business aisles shall have a minimum interior turning radius of 25 feet for any curves. A smaller radius may be established through the conditional use permit process with the approval of the City Engineer. 3. A drive -through window or lane shall not be placed between the right-of- way or internal drive and the associated building unless a ten -foot wide landscape strip extending the entire length of the drive -through queuing is installed and maintained with a minimum three-foot height continuous hedge and ornamental trees spaced a minimum of twenty feet on center. D. (No Change) E. (No Change) Section 3. The City Council has complied with the California Environmental Quality Act by separately adopting a Negative Declaration for this code amendment and finding there is no substantial evidence that the project will have a significant effect on the environment. PASSED AND ADOPTED this 3rd day of September, 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ordinance No, 2013 - _ 2 Fast Food Restaurant Locational and Amending NCMC 18.30.360 and 18.41.020(C) Drive -Through Business Design Guidelines CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 3, 2013 AGENDA ITEM NO. 13 . TEM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for a new fast food restaurant to be located at 2100 Highland Avenue. (Applicant: The Focus Group) (Case File 2013-12 CUP) PREPARED BY: Martin Reeder, AICP DEPARTMENT: Plann PHONE: 336-4313 APPROVED BY: EXPLANATION: The project site is an 11,700 square -foot property located, on the east side of Highland Avenue south of East 21st Street, in the MXC-2 (Major Mixed -Use Corridor) zone. The property is developed with an AutoZone and a 38-space parking lot. There is an undeveloped building pad in the northeast comer of the lot. The applicant proposes to construct a new 2,150 square -foot fast food restaurant on the building pad. The restaurant will have an approximately 900 square -foot dining room and a drive -through. Commissioners asked questions regarding Conditions of Approval, parking, landscaping, and site layout. The Commission voted to approve the Conditional Use Permit based on required findings and subject to Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 3 Section 15303 (New Construction or Conversion of Small Structures) 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 and Planned Development Permits. Ayes: Alvarado, Baca, Bush, DeLaPaz, Flores, Garcia Absent: Pruitt ATTACHMENTS: 1. Location Map 2 Planning Commission Staff Report 4. Reduced Plans 3. Resolution No. 20-2013 RM-2 2005 2004 rn CA) CD V O C71 2030 RM-3 2104 2112 2124 2130 2142 G5 CD E 21 st St 2140 E 22nd St 2115 700 2200 E 20th•St 2005 2027 2035 MXC-2 00 2111 c0 2115 2127 2151 2207 2209 2018 rb N CA) 040 2104 2120 2126 2130 03 Q) CD RS-3 1 � Project Locations — — — Zone Boundary 1 1 I Feet 0 75 150 300 APN: 560-320-15 Planning Commission Location Map 2013-12 CUP 8.7.13 1 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Property Location: Assessor's Parcel No.: Staff report by: Applicant: Zoning designation: Project size: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 6 August 19, 2013 PUBLIC HEARING - CONDITIONAL USE PERMIT FOR A NEW FAST FOOD RESTAURANT TO BE LOCATED AT 2100 HIGHLAND AVENUE. 2013-12 CUP 2100 Highland Avenue 560-320-15 Martin Reeder, AICP — Principal Planner The Focus Group Major Mixed -Use Corridor (MXC-2) 0.27 acres Restaurant across 21st St. / MXC-2 Liquor Store / MXC-2 AutoZone / MXC-2 Multi -Family Residential across alley / RM-3 Categorically Exempt pursuant to Class 3 Section 15303 (New Construction or Conversion of Small Structures) 2 BACKGROUND Site Characteristics The project site is an approximately 11,700 square -foot property located on the east side of Highland Avenue south of East 21st Street. The block is comprised of three parcels and is in the MXC-2 (Major Mixed -Use Corridor) zone. The properties are developed with an AutoZone and a 38-space parking lot. There is also an undeveloped building pad located in the northeast corner of the lot that was installed at the time AutoZone was constructed, in anticipation of future development. The AutoZone was constructed in approximately 2011. This item is being processed concurrently with a Code Amendment requesting to modify Sections 18.30.360 and 18.41.020 (C) to allow fast food restaurants to locate within 300 feet of residential properties and to reduce the required minimum interior turning radius for drive through aisles. Proposal The applicant proposes to construct a new 2,150 square -foot fast food restaurant. The restaurant will have an approximately 900 square -foot dining room and a drive -through. The property owner is negotiating with Popeye's (a fast food restaurant), currently located at 2333 Highland Avenue, to facilitate the relocation of the restaurant to the subject site. It is not known at this time if Popeye's will be the ultimate tenant or another restaurant franchise. As part of the design process for the proposed fast food restaurant, the applicant has had challenges meeting drive -through site planning standards due to the compact and developed nature of the site. Once amended, section 18.41.020(C) (2), which requires a minimum 25-foot interior turning radius for drive -through aisles, would allow a lesser radius as approved by the City Engineer. In this case, the Engineer has approved the reduced radius. Analysis General Plan A restaurant is a commercial use, which is consistent with the mixed -use land use designation established for this area of the City. Surrounding land uses are similar in scope, with MXC-2 zoning located north and south along this segment of Highland Avenue. There are two General Plan policies that reference fast food restaurants: Policy HEJ-4.2: Encourage the development of healthy food establishments in areas with a high concentration of fast food establishments, convenience stores, and liquor stores. 3 Policy HEJ-5.4: Discourage unhealthy fast food outlets from locating near schools. This segment of Highland Avenue is generally not heavily concentrated with the type of businesses mentioned in HEJ-4.2 (between Plaza Blvd. and 30th Street). Out of the 20 blocks in this segment there are eight fast food restaurants: Roberto's Taco Shop 1400 Block McDonald's 1600 Block El Polio Loco 1700 Block Las Ranchero's (vacant) 1700 Block Jack In the Box 1700 Block Wienerschnitzel 1800 Block Tacos el Gordo 1900 Block Popeye's Chicken & Biscuits (no drive -through) 2300 Block With the exception of the 1700 block of Highland Avenue, there is less than one fast food restaurant on each block. It is not known if more healthy establishments are being consulted or have been offered the opportunity to locate at the project location. With regard to HEJ-5.4, it is not clear how healthy or unhealthy the ultimate menu will be due to the uncertainty of the eventual tenant. However, the nearest schools (Otis Elementary to the north and Olivewood Elementary to the south) are approximately a quarter -mile away — not particularly near, although school children would be passing by frequently. Land Use Code Eating Places with a drive -through or that primarily serve take-out food are permitted in the MXC-2 zone with the issuance of a Conditional Use Permit. Chapter 18.41 — Site Planning Standards — also has specific design requirements for drive -through restaurants, including: • Minimum queuing distances (established by CUP). • Minimum 25-foot interior turning radius for drive -through aisles. • Location of drive -through window and landscaping requirements. The site plan shows almost 100 feet of vehicle queuing distance prior to the ordering window. The drive -through aisle starts at the eastern side of the driveway entering from 21st Street, approximately 100 feet from the street. The drive -through aisle travels around the building, exiting 80 feet away from the drive -through entrance, approximately 10 feet from 21s Street. The proposed pick-up window is at the north end of the building. The long drive -through aisle will allow for efficient vehicle queuing and limit overflow into access or parking areas. The turning radius of the aisle is approximately 20 feet, which although less than the 25-foot minimum requirement, has been approved by the City Engineer (consistent with the amended section 18.41.020). 4 The Code requires that a drive -through window may not be located between the right- of-way and the building without a minimum 10-foot wide landscape buffer. The buffer shall have a minimum three-foot high hedge with trees spaced at least every 20 feet. The landscape plan for the project shows that a 10-foot buffer will be installed, but does not specify the types of plants and trees. A Condition of Approval is included to require an approved landscape plan prior to construction. Conditional Use Permit Although a restaurant is a typical commercial use, a CUP is required to address issues associated with fast food restaurants. These issues include parking, circulation, air quality, light and glare, and noise. Parking/Circulation The proposed design reconfigures the parking lot, adding spaces in front of Autozone, but removing spaces where the drive -through entrance and exits are located; 37 spaces are shown as proposed (an overall reduction of one space). Required parking for the commercial use (Autozone) is 26 spaces, leaving 11 spaces remaining. Restaurant parking is based on floor area — 10 spaces per 1,000 square feet. For purposes of this project, only the seating area is analyzed, which is approximately 900 square feet. Per the 37-space design, the maximum size of the seating area would not be able to exceed 1,000 square feet. This would require 11 parking spaces, the available parking after discounting spaces attributed to Autozone. A Condition of Approval limits the maximum seating area permitted. According to SANDAG data, a 2,150 square -foot fast food restaurant with a drive - through would generate approximately 1,398 average daily trips (ADT). Access to and from the site is provided by Highland Avenue, an arterial street operating at a Level of Service (LOS) of C. According to the General Plan, the addition of 1,398 ADT would not increase capacities so as to decrease the current LOS. The current ADT capacity of Highland Avenue is 30,000 with a current ADT of 17,900. Therefore, the existing street network can accommodate the additional traffic generated by the new restaurant. Air quality, light/glare, and noise Air quality was analyzed as part of the CEQA Checklist for the Negative Declaration related to the associated Code Amendment. No impacts were identified as part of that analysis. Light and glare are potential issues all along Highland Avenue, where commercial uses are in close proximity to residential uses. Section 18.46 of the Land Use Code (LUC) requires that all light sources be directed away from adjacent properties. Furthermore, a condition has been added to require any elevated signage to face north or south in order to limit exposure of residential uses to the east and west. Noise issues related to fast food restaurants are usually an issue of vehicle queuing and ordering windows/speakers. The queuing is not likely to be an issue given the almost 100 feet of vehicle queuing space available. In order to address speaker noise 5 the applicant has stated that they will utilize noise -attenuating speakers at the ordering window. This type of speaker automatically adjusts its volume to compensate for ambient noise (streets, vehicles, etc.). Therefore, the volume is lower during quieter periods, such as at night. There is a condition requiring the noise -attenuating speakers. Public Noticing Given that many of the properties adjacent to the Highland Avenue MXC-2 corridor are not owner -occupied, the additional noticing required by the associated Code Amendment has provided additional notice over previous applications. Public Notices were mailed to 379 occupants — mostly area apartment tenants — as well as 34 property owners. CEQA The project is Categorically Exempt under the California Environmental Quality Act (CEQA) pursuant to Class 3 Section 15303. This section allows for new construction or conversion of small structures. Specifically, subsection (c) of 15303 allows structures not involving the use of significant amounts of hazardous substances (including restaurants), provided they are less than 2,500 square feet in floor area. The proposed restaurant is 2,150 square feet in size, therefore consistent with this exemption. Summary The proposed use is generally consistent with the Health and Environmental Justice element of the General Plan. Although there are several other fast food outlets within 10 blocks each way of the site, the outlets are not concentrated in most cases. It is also potentially inconsistent with a policy related to the discouragement of unhealthy restaurants close to schools. The ultimate tenant may be different than currently being considered; however, the nearest schools are a quarter -mile away. This is not necessarily nearby, but school children would be passing by frequently. The proposed restaurant is consistent with the Land Use Code with the approval of a Conditional Use Permit. Conditions of Approval will ensure that the business operates in harmony with existing uses in the area. The potential impacts are minimal since design guidelines ensure an appropriately -designed project. The new restaurant will contribute to the viability of the property and will help to utilize an existing vacant lot/pad. 6 RECOMMENDATION 1. Approve 2013-12 CUP subject to the conditions listed below, based on attached findings; or 2. Deny 2013-12 CUP based on attached findings, findings to be determined by the Planning Commission; or 3. Continue the item to a specific date. ATTACHMENTS 1. Recommended Findings for Approval/Denial 2. Recommended Conditions 3. Location Map 4. Notice of Exemption 5. Public Hearing Notice (Sent to 413 property owners and occupants) 6. Site Photos 7. Applicant's Plans (Exhibit A, Case File No. 2013-12 CUP dated 7/1/2013) MARTIN REEDER, AICP Principal Planner 7 RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 2013-12 CUP — 2100 Highland Ave. 1. That the site for the proposed use is adequate in size and shape, since the proposed design meets all design requirements, with the exception of a reduced interior drive -through aisle radius that has been approved by the City Engineer. 2. That the site has sufficient access to Highland Avenue, an arterial street operating at a Level of Service (LOS) of C, to accommodate the additional 1,398 average daily trips (ADT). 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is located adjacent to the street, and since design guidelines ensure an appropriately -designed project and since the use is permitted in the Major Mixed -Use Corridor zone. 4. That the proposed use is deemed essential and desirable to the public convenience, since it will contribute to the continued viability of an existing commercially -zoned property, an established and allowed use in the applicable mixed -use zone. RECOMMENDED FINDINGS FOR DENIAL OF THE CONDITIONAL USE PERMIT 2013-12 CUP — 2100 Highland Ave. 1. That the proposed use will have an adverse effect upon adjacent or abutting properties, since there is a potential concentration of fast food restaurants in the immediate area, which is inconsistent with the General Plan. 2. That the proposed use is not deemed essential and desirable to the public convenience, since there are multiple fast food restaurants along Highland Avenue, which is inconsistent with the General Plan, and since the General Plan discourages unhealthy fast food restaurants located close to schools, such as Otis Elementary School and Olivewood Elementary school, both located approximately a quarter -mile from the project area. 8 RECOMMENDED CONDITIONS OF APPROVAL 2013-12 CUP — 2100 Highland Ave. General 1. This Conditional Use Permit shall not be considered valid, nor construction plans accepted for a fast food restaurant, until the Code Amendment associated with Case File No. 2013-12 A, IS has been approved. 2. This Conditional Use Permit authorizes the construction a 2,150 square -foot drive - through fast food restaurant. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2013-12 CUP dated 7/1/2013. 3. The maximum seating/dining area shall not exceed 1,000 square -feet based on 37 parking spaces provided for the whole property (Autozone and restaurant). 4. 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. 5. 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 Land Use Code. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of the permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate said permit. The applicant shall also submit evidence to the satisfaction of the Planning Department 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. Building 7. Plans submitted for improvements in 2013 must comply with the 2010 edition of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. If submitted in 2014, plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. Engineering 8. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk or driveway openings. 9 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 and/or site design BMP. 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 or on the City of National City web site. 10.A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of- way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 11.A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 12.A cost estimate 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. Fire 13. The project shall be designed, installed, tested and approved in compliance with the 2010 edition of NFPA and 2010 edition of the CFC. 14. Hood suppressions plans shall be submitted directly to the National City Fire Department through permit. 15.Signs used for utilities shall follow National City Fire Department "Handout" requirements. 16.A fire sprinkler system shall be required if the fire area exceeds an occupant load of 100 or more. This would be described as the area available, not area used. Planning 17.A landscape and underground irrigation plan shall be submitted as part of the building permit process. The plans shall meet minimum landscape requirements of 10 the Land Use Code, including a minimum three-foot hedge and trees spaces 20 feet on center along the Highland Avenue and East 21st Street frontages. 18.Plans shall conform to minimum turning radius requirements for drive -through businesses unless the code is amended to approve a lesser radius. 19.Vehicular queuing operation shall be subject to future review and potential modification if problems related to parking, property ingress/egress, or street operation are noted as a result of business operations. 20. Business operations shall comply with Municipal Code Title 12 (Noise) at all times. Plans submitted for construction shall reflect the use of sound -attenuating speakers that automatically reduce the volume of ordering speakers during periods of low ambient noise. 21.If a business other than Popeye's becomes the tenant of the restaurant, architectural plans submitted for construction shall be consistent with approved plans. Modifications of approved plans may require subsequent Planning Commission approval, depending on the level of conformance. 22.Plans submitted for construction shall conform to Land Use Code Section 18.46 (Outdoor Lighting). All pole -mounted, monument, or other elevated signage shall be oriented to the north and/or south so as not to shine towards adjacent residential properties. 11 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: 2013-12 CUP Project Location: 2100 Highland Avenue, National City, CA 91950 Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit and Planned Development Permit for a new 2,150 square -foot drive -through restaurant on an existing commercially -developed property. Applicant: The Focus Holding Co., LLC. c/o: Todd Dwyer 7938 Ivanhoe Avenue, suite 200 La Jolla, CA 92037 Exempt Status: Telephone Number: (619) 491-9200 Categorical Exemption. Class 3 Section 15303 (New Construction or Conversion of Small Structures) Reasons why project is exempt: There is no possibility that the proposed use will have a significant impact on the environment since construction of the restaurant will not involve the use of significant amounts of hazardous substances and since the restaurant will be Tess than 2,500 square feet in floor area. Date: MARTIN REEDER, AICP Assistant Planner 12 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR A NEW FAST FOOD RESTAURANT TO BE LOCATED AT 2100 HIGHLAND AVENUE. CASE FILE NO: 2013-12 A, CUP, IS The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, August 19, 2013, in the City Council Chambers, 1243 National City Blvd., National City, California on a proposed request (The Focus Group, LLC). The applicant proposes to construct a new 2,150 square -foot fast food restaurant. The restaurant will have an approximately 900 square -foot dining room and a drive -through. Members of the public are invited to comment. Any person interested in this matter may appear at the above time and place and be heard. Written comments should be received by the Planning Division on or before 12 p.m., August 19, 2013. Planning Division staff may be contacted at 619-336-4310 or planninq(a.nationalcitvca.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 public hearing entity conducting the hearing at, or prior to, the public hearing. PLANNING DEPARTMENT Fo.t. BRAD RAULSTON Executive Director 13 Site Photos — 2013-12 CUP — 2100 Highland Avenue 2100 Highland Avenue. Nationai Adoeaie Wciosilse Overhead view Property looking southwest 14 RESOLUTION NO. 20-2013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A NEW FAST FOOD RESTAURANT TO BE LOCATED AT 2100 HIGHLAND AVENUE. CASE FILE NO. 2013-12 CUP APN: 560-320-15 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit Conditional Use Permit for a new fast food restaurant to be located at 2100 Highland Avenue at a duly advertised public hearing held on August 19, 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. 2013-12 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on August 19, 2013, support the following findings: FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the proposed design meets all design requirements, with the exception of a reduced interior drive -through aisle radius that has been approved by the City Engineer. 2. That the site has sufficient access to Highland Avenue, an arterial street operating at a Level of Service (LOS) of C, to accommodate the additional 1,398 average daily trips (ADT). 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is located adjacent to the street, and since design guidelines ensure an appropriately -designed project and since the use is permitted in the Major Mixed -Use Corridor zone. 4. That the proposed use is deemed essential and desirable to the public convenience, since it will contribute to the continued viability of an existing commercially -zoned property, an established and allowed use in the applicable mixed -use zone. 15 BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit shall not be considered valid, nor construction plans accepted for a fast food restaurant, until the Code Amendment associated with Case File No. 2013-12 A, IS has been approved. 2. This Conditional Use Permit authorizes the construction a 2,150 square -foot drive - through fast food restaurant. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2013-12 CUP dated 7/1/2013. 3. The maximum seating/dining area shall not exceed 1,000 square -feet based on 37 parking spaces provided for the whole property (Autozone and restaurant). 4. 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. 5. 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 Land Use Code. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of the permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate said permit. The applicant shall also submit evidence to the satisfaction of the Planning Department 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. Building 7. Plans submitted for improvements in 2013 must comply with the 2010 edition of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. If submitted in 2014, plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. Engineering 8. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk or driveway openings. Adjacent properties shall be protected from surface run-off resulting from this development. 16 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 and/or site design BMP. 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 or on the City of National City web site. 10.A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of- way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 11.A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 12.A cost estimate 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. Fire 13. The project shall be designed, installed, tested and approved in compliance with the 2010 edition of NFPA and 2010 edition of the CFC. 14.Hood suppressions plans shall be submitted directly to the National City Fire Department through permit. 15.Signs used for utilities shall follow National City Fire Department "Handout" requirements. 16.A fire sprinkler system shall be required if the fire area exceeds an occupant load of 100 or more. This would be described as the area available, not area used. Planning 17.A landscape and underground irrigation plan shall be submitted as part of the building permit process. The plans shall meet minimum landscape requirements of the Land Use Code, including a minimum three-foot hedge and trees spaces 20 feet on center along the Highland Avenue and East 21st Street frontages. 18. Plans shall conform to minimum turning radius requirements for drive -through businesses unless the code is amended to approve a lesser radius. 17 19. Vehicular queuing operation shall be subject to future review and potential modification if problems related to parking, property ingress/egress, or street operation is noted as a result of business operations. 20.Business operations shall comply with Municipal Code Title 12 (Noise) at all times. Plans submitted for construction shall reflect the use of sound -attenuating speakers that automatically reduce the volume of ordering speakers during periods of low ambient noise. 21.If a business other than Popeye's becomes the tenant of the restaurant, architectural plans submitted for construction shall be consistent with approved plans. Modifications of approved plans may require subsequent Planning Commission approval, depending on the level of conformance. 22. Plans submitted for construction shall conform to Land Use Code Section 18.46 (Outdoor Lighting). All pole -mounted, monument, or other elevated signage shall be oriented to the north and/or south so as not to shine towards adjacent residential properties. 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 August 19, 2013, by the following vote: AYES: Garcia, Baca, Flores, Alvarado, Bush, Dela Paz NAYS: None ABSENT: Pruitt ABSTAIN: None (Y+(` CHAIRPERSON 18 E. 22ND ST PROPOSED SITE PLAN 1 1 1 1 1 1 1 EXISTING Ra o2One BLDG. AREA = 6,446 sf t17- dO1S d NM 1 1 NOTE CONCERNING CONCEPTUAL LANDSCAPING HIGHLAND AVE THE TEN (10) FOOT LANDSCAPE BUFFER BETWEEN THE DRIVE THROUGH LANE AND THE HIGHLAND AVE. SIDEWALK MANDATED BY THE MUNICIPAL CODE IS SHOW ON THIS SITE. ALL OTHER MANDATED LANDSCAPE COVERAGE, FEATURES AND PLANT MATERIAL SHALL BE INCLUDED AND INCORPORATED IN THE DETAILED LANDSCAPE PLAN SUBMITTED WITH THE CONSTRUCTION DRAWINGS. IT 4A" LASE FI(£Nd.:13- IZ CUP GRAPHIC SCALE 0 10 20 1 inch = 20 ft.. rr n-e er ue � 91# TP #s IP 1 I _ MM-E h MEN ] WOMEN : FAfEIER COOLER 0 Z ._. _� I _ fm®mom/ 6RLEbMUMMA O PING SERVICE PREP OREA lIXl e z..a.1# OmCE KITCHEN ORDER G CO2 CHASE DETAIL FLOOR PLAN FRAMING SYMBOLS 26,242,10 mm mureONoc o°,�;217ae.27s 77111070 viEw z2 a .1aa,16 CONSTRUCTION KEY NOTES a1E119rp..ff M1q W.etld.Y2MT,fuI..Wb M,M OBLL MAIM WSW% WM. 9EVE7[M 0.10 MARS 11 o M°1•;1.,.EL..,..N...r.N,2... . ..®1.amtE..®.c16. Korurro o OLL 4 ..0"7orCWErov,17l W/LL. m 20= MO..M1RxeIM v.Ml91SSWnru. l6v�F o 7127221E01722;r7,.,.1.E...1a L1.21.1 nett. PlWRMRD wNNF.M'M.S OWHEIIGOEreseeroswwIBLESTO.cmx rM10 orrzl.ws E.6o ao.a rC27• c+ comwx.`E 777,21wlvewimr o• . a Mr1 .771"=2YO ..eRCR1Nx 2PLMEi.O 7 R tRNiW aVN....m....rt VIM '❑' lxomwa w aalexcwn«uamwna 67220X 0,177E I]C�94N%R eH R1Ns4afsl.nl5w 4A.m11I.w I] R71 ""mixm`7.0 aumoi oOO a a orow a PROVI,,..,„:=7=41.1,6=71 E1.10.2600.RE2VE.E. 1❑f OIM 57. 9EE or. 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SEE 1177227127.7 WC. 7023,2277.22.2-72122 MN MR.I s.. ae.,axln VE1E2J699 F.enSJBLYT CLEW ME FOCUS GROUP ME Nur...A.M0.SE.E 4HE49IDx DEIME1E11.1D e19.E91.4F5 N aN } O a LLI 7 Z w., 06 U U'O 2 2 a o= 473 SWEI ri11E FLOOR PLAN ml Al TZ POPEYES LOUISIANA KITCHEN NewCanshudion and Reima17.9 i'4 g 5 l i 1 ,k1 ' RF91 Iy'q- Y, � T i raI� Y ig�99 £ �. � 9 i S t I III 6PFETY 4Z IE ACINUC EYANNG +a. o A i & e€ ! i ; � � I ry e e Exierier Finish Se Update. Q, 1 0 e e l f aF A i a • 1 � WI' Y i P 3 i P '" 1 c r 1 c r 1 s r a PROPOSED TENANT IMPROVEMENT OR. POPeYeS 2100 HIGHLAND AVENUE NATIONAL CITY, CA 91950 le{ Ras RAN Throy ELWIMC ELEVATION STOREFRONT DETAIL REAR ELEVATION OUTER • SEE w RAW FRONT ELEVATION SPECIFICATIONS SECTION 4'. ALUMINUM ENTRANCE. STOREFRONT SECTION EC: GLAi010 1 ac'aF aFaex tTrmnfEYTFMRRMIAMLMWWI6IMATCMIE. uDFWfxi9nAw91aFF4F1AnOtaN61NN dumps WIflb46 L W4MCMROL: ME MAY E69EM 111MMTAY MM E REP.-Kg-KgOMEE1pWERRIE.EEEOATMIIDFOOI LYPNMifOM0AFE0. 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Ruse svolvia pampuncolsTNIsrs Tau innwnEwstu sr no EP-6 PEn EN, ATORE PROW DU3x2 OLAP.S1ER VN.LSI CVLTEE EPA BLLARDSI LOT STRIPNG WOMAN MJdEE M:TILI PANT Eu RI1*20 IMIMONTETONE I39 D1MEw.Ob.+ 6210140 EOO.PRDVM 165 Low Lars. MTALIA9FH0T!PONT SAFETY S 2051 ACRKIGMMINIC RMSIPET'YELLOW %6.10 646.1 S61 STONENWNSOOT GORELY10 STONE EIA:REIE SIMRATEO STONE VENEER CANNER STOVELOM1TM CPSCIOE MJUMM4 LEDGE C1L'nER M]g*ED POW RIVERS MOCHA MOWN 0.ERLAR9.q STAR STEP 11374E 61 C-1 µRAND GRATE (OPT.) STANDING SEPIAGYPO+E I WMG SUPPLIER COPPER S/1FS, TC. PETAL PONDER COAT IRaLGLAO RALLa06 U64 ALU6NM HUNTER GREEN PECI'L RED 81.n0m IS O0/0UA5E PER LOCAL CODEREOAREEENT6 EPA .WRGRAPFTE SEMPAIN MCC.. PANT ALMA=A00VLO URETMNE CLAM GLOSS 1.1w*ooIE0s12c06T81 EN056w1 SwD511140lrw '.6165M.105 .et9neessr THE FOCUS GROUP 150810 wAnnu. 6.48 bI>4 OOP 0919.9919200 M21 F611021.6 - } -I —p I — PEE, THAN EXTERIOR ELEVATIONS saw A6 GRAPHIC SCALE o n 50 I inch = 50 ft. Fifji Tf (ti FOCUS c�izou P, tax • • w am NOTE CONCERNING CONCEPTUAL LANDSCAPING THE TEN (10) FOOT LANDSCAPE BUFFER BETWEEN THE DRIVE THROUGH LANE AND THE HIGHLAND AVE. SIDEWALK MANDATED BY THE MUNICIPAL CODE IS SHOW ON THIS SITE. ALL OTHER MANDATED LANDSCAPE COVERAGE. FEATURES AND PLANT MATERIAL SHALL BE INCLUDED AND INCORPORATED IN THE DETAILED LANDSCAPE PLAN SUBMITTED WITH THE CONSTRUCTION DRAWINGS. and Fve0SPE:22r:d St va ioral Cit. mE DRIVE THRU RESTAURANT sruE 1:50 JRR "'TO a1E JUNE 27TH, 2013 1 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 3, 2013 AGENDA ITEM NO.14 . TEM TITLE: Request approval for the Mayor to sign a letter regarding for AB 981 PREPARED BY: Brad Raulston, Executive Director PHONE: 619-336-4256 EXPLANATION: See attached background report. DEPARTMENT: City Manager APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Background Report 2. AB 981 3. Bloom Draft Letter #1 Cover Letter to Legislators 4. Draft Letter of Support 5. Council Resolution 2013-53 Attachment "1" BACKGROUND Existing law dissolved redevelopment agencies and community development agencies, as of February 1, 2012, and provided for the designation of successor agencies to wind down the affairs of the dissolved redevelopment agencies and to, among other things, make payments due for enforceable obligations and to perform obligations required pursuant to any enforceable obligation. Existing law provides for the transfer of housing assets and functions previously performed by the dissolved redevelopment agency to one of several specified public entities. Existing law authorizes that entity to designate the use of, and commit, indebtedness obligation proceeds that were issued for affordable housing purposes prior to January 1, 2011, and were backed by the Low and Moderate Income Housing Fund. Assembly Bill (AB 981) would instead authorize that entity to designate the use of, and commit, indebtedness obligation proceeds that were issued prior to June 28, 2011. Existing law authorizes the Department of Finance to issue a finding of completion to a successor agency that completes a due diligence review and meets other requirements. Upon receiving a finding of completion, a successor agency is authorized to expend excess bond proceeds derived from bonds issued on or before December 31, 2010, in a manner consistent with the original bond covenants. AB 981 would modify this authorization to include the expenditure of excess bond proceeds derived from bonds issued on or before June 28, 2011. The bill, if passed, would expressly authorize the Successor Agency to designate the use of and commit bond proceeds in the amount of $39,335,000, which derived from the issuance of the 2011 Tax Allocation Bonds on March 3, 2011. Attachment 2 AB 981 (Bloom) Redevelopment Agencies: Statewide Economic Development, Infrastructure Construction, Affordable Housing and Job Creation Fact Sheet PURPOSE It is estimated that approximately $650 million in 2011 redevelopment bond proceeds are currently sitting idle and cannot be used. If these proceeds were spent on their intended projects, it is estimated that approximately 9,300 high wage construction and related jobs would be generated. The elimination of redevelopment agencies has put the State in a difficult predicament and at risk for costly litigation while jobs are desperately needed. During the first half of 2011, prior to the dissolution of all redevelopment agencies, approximately 50 agencies legally issued bonds, of those cities, 37 have outstanding bond proceeds they are now not allowed to use. 1f these funds were put to work, it is estimated they could generate approximately 9,300 jobs and, conservatively, over $1.2 billion in statewide economic activity and $60 million dollars in new State and local tax revenues. The State has asserted that the vast majority of the 2011 redevelopment bonds must be defeased and their proceeds not spent on projects, however, over 90% of these bonds cannot be defeased for 10 years. During this ten year period nearly $1 billion will be spent on the debt service payments for these bonds, and the bond proceeds will continue to go unused. If the proceeds were used for their intended purposes, the construction of these projects would generate over $1.2 billion in statewide economic activity, more than the debt service payments during the ten year period. The vast majority of these bonds were Issued for public works projects such as infrastructure construction and repair, new public facilities, and affordable housing. Bondholders who purchased tax-exempt bonds (approximately 70% of the bonds In question) for specific public works projects were promised tax-free returns. Per Federal Tax Law, tax-exempt bond proceeds must be used for their intended purpose, or the bonds could be subject to losing their tax-exempt status. There are 37 successor agencies (former redevelopment agencies) holding these bond proceeds and they are located throughout the State. SUMMARY AB 981 would adjust the cutoff date for the use of redevelopment bond proceeds, from December 31, 2010, as currently established in AB 1484, to June 28, 2011, the date the dissolution legislation was signed, thus allowing 2011 bond funds to be used for economic development and job creation. EXISTING LAW AB 1484, a clean-up bill to AB X1 26 (the dissolution legislation), granted successor agencies the ability to use bond proceeds issued prior to January 1, 2011, but was ambiguous on the use of bonds issued between January 1, 2011 and June 28, 2011 (legally issued prior to the dissolution of redevelopment agencies). The Department of Finance has interpreted AB 1484 to mean that successor agencies cannot use 2011 bond proceeds unless the former redevelopment agency had entered into third party contract to expend the proceeds, prior to agency dissolution. The Department of Finance contends that the bonds must be defeased using the remaining proceeds. However, the majority of the 2011 bonds cannot be defeased for 10 years. Office of Assemblymember Richard Bloom AB 981 - Fact Sheet Contact Guy Strahl (916) 319-2050 Page 1 BACKGROUND Prior to the dissolution of redevelopment agencies in the State, several cities through their local Redevelopment Agencies (RDA) legally issued bonds between January 1, 2011 and June 28, 2011, for qualified local projects, including infrastructure, public works, and affordable housing projects. Chapter 5, Statutes of 2011 (AB X1 26, Blumenfield), imposed an immediate freeze on RDA authority to engage in most of their previous functions, including incurring new debt, making loans or grants, entering into new contracts or amending existing contracts, acquiring or disposing of assets, or altering redevelopment plans. The bill also dissolved RDAs, effective February 1, 2012 (Supreme Court adjusted date) and created a process for winding down redevelopment financial affairs and distributing any net funds from assets or property taxes to other local taxing agencies. Chapter 6, Statutes of 2011 (ABX1 27, Blumenfield) allowed RDAs to opt into a voluntary alternative program to avoid the dissolution included in AB X1 26. The program Included annual payments to K-12 districts ($1.7 billion in 2011-12 and about $400 million in future years) to offset the fiscal effect of redevelopment. AB X1 27 was struck down by the State Supreme court on a 6-1 vote in 2011, on the grounds that it violated Prop 22 (Passed by voters in 2010). Because of the decision, redevelopment agencies were dissolved and replaced by successor agencies and oversight boards. After the court decisions, AB 1484 was enacted and specifies how the successor agencies will manage and administer the functions of the former redevelopment agencies, the role of the oversight boards and state Department of Finance in the Redevelopment Dissolution process. SPONSOR Author Sponsored SUPPORT City of West Hollywood City of Lynwood City of Signal Hill Palm Communities OPPOSITION None on File Version: 3/20/2013 Office of Assemblymesnber Richard Bloom AB 981 - Fact Sheet Contact: Guy Strahl (916) 319-2050 Page 2 Attachment 3 Draft Letter #1 Assemblyman Bloom Draft Cover Letter to Legislators Dear Colleague: California continues to lag in its recovery from the great recession. Recent reports reflect that the state's unemployment rate remains very high at 8.7% and among the highest paying jobs, construction trades; it is as high as 30% in some counties. Earlier this year, I proposed a solution that would create an immediate $2.8 billion economic stimulus, generate 19,000 jobs and $130 million in new state tax revenue, and at the same time, create thousands of new affordable housing units and fix some of the state's crumbling infrastructure. The proposal would bring sorely needed jobs and with it economic activity to your district As you may know the proposal, AB 981, is now on the Assembly Appropriations Committee Suspense file. During the Assembly Appropriations Committee hearing, the Department of Finance opposed the bill and continues to oppose use of the 2011 bonds. I have not given up on this solution and have submitted a request to meet with Governor Brown to discuss AB 981 and explore other possible strategies that would be acceptable to the Governor in order for him to approve the use of the 2011 bond funds. I am hopeful that meeting might occur prior to the end of the legislative session so that if there is agreement, legislation can be approved swiftly. Since you represent one of the 40 cities who have been precluded from using their 2011 bond funds, I am writing to ask your assistance in scheduling that meeting. Attached is a draft letter for you to use in asking for the meeting. If agreeable, can you send your letter to the Governor by Friday August 30, 2013? Thank you, Richard Bloom, Assemblyman 50th A.D. Chairman Ron Morrison Members Jerry Cano Luis 'Louie' Natividad Mona Rios Alejandra Sotelo-Solis Executive Director Brad Raulston August 22, 2013 Jerry Brown, Governor State Capitol, Suite 1173 Sacramento, CA 95814 RE: Support of AB 981 Dear Governor Brown: 41. City Of National City ATTACHMENT 4 California continues to lag in its recovery from the great recession. Recent reports reflect that the state's unemployment rate remains very high at 8.7% and among the highest paying jobs, construction trades, it is as high as 30% in some counties. Earlier this year, Assemblyman Richard Bloom (D-Santa Monica) proposed a solution that would create an immediate $2.8 billion economic stimulus, generate 19,000 jobs and $130 million in new state tax revenue, and at the same time, create thousands of new affordable housing units and fix some of the state's crumbling infrastructure. The proposal would bring sorely needed jobs and with it economic activity to California. The proposal, AB 981, adjusts the cutoff date for the use of legally issued bond funds from December 31, 2010 to June 28, 2011, the date the redevelopment dissolution legislation was enacted into law (AB 1484 chapter 26, statutes of 2012) and reinstates the language in the original Dissolution Act (AB 1x 26, chapter 5, statutes of 2011) which allowed for the use of bond proceeds for the purposes for which they were sold, and did not specify a cutoff date for issuance. The proposed adjustment would allow $750 million of 2011 bond funds to be used for public works and affordable housing projects throughout the state. Without this adjustment, nearly $1 billion in taxpayer dollars will be spent on mandatory debt service for these bonds, and the infrastructure improvement projects will not be realized. Assemblyman Bloom's proposal would resolve one of the last remaining issues of redevelopment agency dissolution. It will also allow the utilization of bond funds which have already been legally issued and are currently being wasted, but could be utilized to funds public works projects in the State. There is broad bi-partisan support for Assemblyman Bloom's proposal among members of the Legislature. We, the undersigned members of the Legislature, encourage you to meet with Assemblyman Bloom to review his proposal and come to an agreement on this stimulus package. Respectfully, Ron Morrison Mayor 1243 National City Boulevard; National City, California 91950 Tel.: (619) 336.4236 Fax: (619) 336-4239 mayor@nationalcityca.gov Attachment 5 RESOLUTION NO. 2013 — 53 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY IN SUPPORT OF ASSEMBLY BILL 981 - BLOOM RELATED TO THE USE OF REDEVELOPMENT BOND PROCEEDS WHEREAS, redevelopment has been an essential tool in the revitalization of communities across California and the City of National City; and WHEREAS, the elimination of Redevelopment Agencies ("RDAs") has left cities without the necessary tools to continue the important work of reducing blight and creating safer, more livable neighborhoods that can meet residents' expectations; and WHEREAS, the City of National City, over the course of many years, has developed and invested in plans to implement a capital improvement program, which induded the WI-TOD affordable housing project, streets and park improvements, and other public projects; and WHEREAS, the City of National City developed and adopted the Westside Specific Plan which induded the WI-TOD project, and which also was accompanied by a certified environmental impact report; and WHEREAS, the City of National City also developed and adopted the General Plan Update with an accompanying certified environmental impact report, which included transportation and park improvements; and WHEREAS, the Community Development Commission — Redevelopment Agency in 2011 issued bonds in the amount of $39,660,000 and was ready to execute contracts with contractors and project managers to construct the above -referenced projects; and WHEREAS, the elimination of RDAs, as prescribed by ABx1 26, assumed that funds generated as a result of the bond issuance would be made available by the successor agency to the state and counties to be used for purposes other than those for which they were originally issued; and WHEREAS, bonds floated under a tax-exempt status can only be used for the originally intended purposes and cannot be defeased for 10 years, using bond proceeds for purposes other than the originally stated could trigger a loss of the tax-exempt status and the potential imposition of monetary penalties; and WHEREAS, the Successor Agency to the Community Development Commission as the National City Redevelopment Agency ("Successor Agency') is currently servicing the debt on the issued bonds and has made bi-annual debt service payments; and WHEREAS, cities like National City have been prevented from proceeding with the construction of much needed projects at a time when the unemployment in Califomia is above 10%; and WHEREAS, AB 981 will allow 2011 bond proceeds to be used for their intended purposes after the State grants a finding of completion; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby supports Assembly Bill 981- Bloom related to the use of redevelopment bond proceeds. -- Signature Page to Follow -- Resolution No. 2013-53 Page Two PASSED and ADOPTED this 2nd day of April, 2013 n rrison, Mayor ATTEST: Michael R. Dalla, Clty Clerk PROVED AS T CI' .ia Gay ua Silva City Attome Passed and adopted by the Council of the City of National City, California, on April 2, 2013 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California A ela City Clerk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2013-53 of the City of National City, California, passed and adopted by the Council of said City on April 2, 2013. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 3, 2013 AGENDA ITEM NO.15 .TEM TITLE: Staff Report — San Diego State University Community Engagement for Sustainable Cities Program (CESC) (City Manager). PREPARED BY: Raymond Pe DEPARTMENT: Citager PHONE: 336-4421 APPROVED BY: EXPLANATION: The Community Engagement for Sustainable Cities (CESC) program is a partnership between San Diego State University (SDSU) and National City. The CESC will focus 12-15 existing courses (enrolling 500+ students total) per semester from across the University on projects that assist National City with addressing quality of life and sustainability goals. Course projects are tied to goals and initiatives in the National City 2013 Strategic Plan and developed in consultation between National City staff, the CESC director, and participating SDSU faculty. The final deliverable to the City is a summary report of the best designs, solutions, and products generated by each CESC-linked class. The 2013-14 academic year will serve as the proof -of -concept year, an informal stage of the partnership that is anticipated to develop into more formal agreement between SDSU and National City by the 2014-15 academic year. The ultimate aim for the CESC program will be to create partnerships with a new municipality each following academic year, using the model established by the partnership with National City across these - rst two academic years. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. Not Applicable. APPROVED: Various funding sources to be determined. ENVIRONMENTAL REVIEW: Not Applicable. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Receive and file the staff report. BOARD / COMMISSION RECOMMENDATION: Not Applicable. ATTACHMENTS: 1. CESC 2013-14 Project List Attachment "1" SI)Sil - Community Engagement forcEsc SustainableCities 2013-14 National City Project List About this list CESC is seeking faculty to participate in a pilot this fall by integrating projects in to 8-10 courses for fall term and an additional 8-10 courses spring term. The project concepts listed below were generated by National City staff and are directly tied to goals and initiatives in the National City 2013 Strategic Plan, ensuring that there is a real need for this work and that staff who are involved with the projects are prepared to partner with course -connected students. Because these projects are city priorities, the ideas, designs, service, and products students generate can have a real -world impact by providing National City with fresh ideas to address critical, but unmet community needs. Corner Store Health Centers and Information Hubs Project Concept: Working with area businesses and residents, design solutions that promote sustainable healthy communities by improving access to fresh food, while beautifying the community and creating new business opportunities. Course Connections: Public Health, Business Development, Marketing, Entrepreneurship, Exercise and Nutrition Science, Kinesiology, Design, Communication. City Inventories and Asset Analysis Project Concept: Create and analyze inventories of city markers and assets to identify opportunities for energy savings, improved safety, access to services, and to improve quality of life. Course Connections: Geography, Urban Planning, Public Administration, Information Systems/ Computer Science, Finance, Accounting. Paradise Creek Revitalization Project Project Concept: Portions of this 14 acre revitalization, residential building, and environmental restoration project have been designed, but there are opportunities for designs and projects that address the following issues: -Rehabilitation of Paradise Creek from ecological and community use perspectives. -Integration of sustainable features into project and park design (lighting, paths, transportation). -Integration of the project with the surrounding community and transportation design around a major commercial boulevard. Course Connections: Urban Planning, Civil and Environmental Engineering, Landscape and Architectural Design, Ecology, Environmental Studies. Marina/ Bay Front District Access and Redevelopment Project Concept: Analyze and develop ideas to promote tourism, diversify current land use, improve citizen access to environmental/ cultural assets, and improve space utilization for commercial and other uses. A range of projects can be connected with bay front redevelopment. Examples include: - Designing a transportation plan to improve community access, and connecting bay front areas including the marsh, marina, and Bay Shore Bikeway to the National City communities separated from this area by Interstate 5. - Exploring new uses for an old rail line bordering the Marinna district such as a park. - Gathering community input on proposed uses. Course Connections: Hospitality and Tourism, Business, Urban Planning, Geography, Environmental Studies, Sustainability, Art and Design. Port Industry and Freeway Assessment Impact Mitigation Projects: City staff identified projects to study and mitigate impacts on quality of life resulting from the Port on the human health, environmental health, and social well-being such as: - Community-based air quality and environmental monitoring and solutions -Product design for noise and pollution reduction solutions for the city and residents, such as green living sound walls. - Policy solutions for noise mitigation and abatement from trains and freeway. Course Connections: Public Health, Political Science, Social Work, Design, Entrepreneurship , Environmental Studies, Anthropology, Geography A Avenue/ Downtown Connector Projects: Revitalizing and 'greening' the A Avenue the commercial/ downtown district corridor is a part of the City's strategic plan. A wide range of projects are possible to transform A Avenue into a model green street with sustainable infrastructure and a vibrant business district. Project concepts include: -Developing business plans for public/ private ventures such as food stands or trucks, creating a wi-fi corridor, and identifying financing models for projects. -Redesigning public spaces and incorporating sustainable public art in various areas including historic Brick Row. -Taking an inventory of street lighting. Create recommendations for street light replacement and management, and designs for high efficiency or sustainable lighting. -Assess parking and circulation around city hall. Study feasibility of solar covers for parking. -Study storm water runoff and design green solutions or products to utilize storm water. -Analyze public safety needs and utilization of the city fleet. Explore sustainable alternatives to automobiles for activities such as code enforcement. Course Connections: Accounting, Architecture, Art, Child and Family Development, Communications, Criminal Justice, Design, Engineering, Finance, Entrepreneurship, History, Sustainability, Urban Planning. Document the CESC/ National City Partnership Project: Document and report on the CESC projects and partnership to different audiences including: UT readers through a series of feature articles, city staff, the SDSU campus audience and others. Utilize different mediums to publicize the project and share successes via new media (social media, blogs) as well as traditional media. Consider ways to connect the community to volunteer opportunities in National City through media outreach. Course connections: Journalism, Communications, Television and Film, Marketing. Fleet Replacement/Management Project: Study the lifecycle and management of a small fleet and the city needs these vehicles serve. Research alternatives to meet city needs and propose cost saving sustainable solutions. Does not require service project in National City. Data set can be provided. Course Connections: Accounting/ Finance, Public Administration, Business Administration/ Management, Information Systems Other Project Concepts/ Internship, Thesis, and Independent Study Options Some project concepts identified by city staff may be more appropriate as individual student projects, perhaps as a part of a capstone or other faculty supervised research activity, than as a class activity. Some projects require discipline specific knowledge or experience. Talk with CESC for specifics. Project Concepts: • Updating design guideline manuals and creating training modules for city staff to assist with job cross training. Course Connections: Education Technology, Urban Planning, Public Administration • Researching and drafting an ordinance related to water efficient landscaping. Course Connections: Urban Planning, Public Administration, Geography, Political Science • Study best practices and create recommendations for integrating the Harbor district marine corridor centering on the National City bay front (transportation needs, maritime activity, commercial, and recreational uses) in the context of a multi - jurisdictional ownership. Course Connections: Public Policy, Urban Planning, Design, Political Science Additional Information CESC staff have done a preliminary review of the projects and suggested possible disciplinary or course connections for each of the projects; however, these suggestions are not intended to limit your creativity and we welcome your ideas for connection with your teaching in any field. CESC and our city partner recognize that students are not consultants. Students will generate a range of ideas of varying quality, and in the experience of de the best of these ideas can be innovative and transformative for a community. It is the aim of this program to provide service and fresh ideas that can create momentum for our partner city. If you are interested in incorporating one of the projects into a course, contact CESC to coordinate with city staff to design a project appropriate for your course parameters and outcomes. For project specifics contact Jessica Barlow at jessica.barlow@sdsu.edu ITEM # 16 9-3-13 Verbal Report Senate Bill 1 (Steinberg) of 2013 — New Sustainable Economic Development Legislation (Executive Director Brad Raulston) NEW SUSTAINABLE ECONOMIC DEVELOPMENT LEGISLATION SB 1 (Steinberg) of 2013 Background: On December 29, 2011, the California Supreme Court required the dissolution of California redevelopment agencies. However, in the wake of stubborn unemployment and recession, resources are needed to stimulate economic development in a strategic manner. SB 1 would authorize the creation of Sustainable Communities Investment Areas. This legislation will give cities and counties a modest tool to support sustainable economic development that creates good jobs, affordable housing and a healthy environment. SB 1 (Steinberg)of 2013: • Communities would be authorized to create Sustainable Communities Investment Areas in transit priority areas, clean manufacturing districts and small walkable communities. Projects in these areas would relieve blight according to legislative findings. No local determination of blight would be required. • Tax increment financing would be available to support economic development, but the school share would be protected so that the program would not impact the State general fund. • Tax increment financing would be authorized to support High Speed Rail stations and related infrastructure. • A city or county could form a Sustainable Communities Investment Authority and access its own share of tax increment or greater levels of tax increment could be accessed through local government collaboration. • Projects supported by Sustainable Communities Investment Areas will require the inclusion of a jobs plan describing the short and long term benefits of the program. • Plans for Sustainable Communities Investment Areas will include all the affordable housing protections of the current redevelopment law. • Sustainable Communities Investment Authorities will have all the powers, duties, and obligations that former redevelopment agencies possessed under the Community Redevelopment Law. • 5 year audits would be required under the new program pursuant to guidelines set by the Controller. Supporters include (partial list): American Lung Association in California, Bridge Housing, California Building and Construction Trades, AFL-CIO, California Coastal Protection Network, California Federation of Labor, AFL-CIO, California League of Conservation Voters, DMB Pacific Ventures, Environment California, Los Angeles Alliance for a New Economy (LAANE), Los Angeles County Federation of Labor, AFL-CIO, Natural Resources Defense Council (NRDC), United Food and Commercial Workers, Local 770, UNITE -HERE, Local 11. ITEM #17 9-3-13 Staff Report - Update on Relocation of Public Works Facilities (Engineering / Public Works) On August 20, 2013, City Council authorized the purchase of property located at 1726 Wilson Avenue for relocation of City Public Works (PW) facilities from 2100 Hoover Avenue. Finding a new home for Public Works was required in order to allow for the development of a significant portion of the Westside In -fill Transit Oriented Development (WI-TOD) Project on the 2100 Hoover Avenue property. As a result of this action, staff immediately began the process of refining the scope of services, timeline and budget needed to complete the move. Prior to selecting the 1726 Wilson Avenue site for relocation of PW facilities, staff evaluated several other locations for purchase or lease such as the 30th Street Dealership, San Diego Wood Preserving on Haffley Street, Port Property adjacent to the General Services Facility, PSI / Bannister Steel sites, and other smaller sites. Other options analyzed included integrating PW functions into the WI-TOD project, exploring co -use arrangements with other agencies, and evaluating shared use of other City facilities or parks. Due to either budget, schedule or logistics constraints, the alternative sites, shared -use with WI-TOD, and co -use arrangements with other agencies were not feasible. Staff from each of the five PW Divisions (Streets, Sewer, Parks, Facilities Maintenance and Vehicle/Equipment Maintenance) have assisted with providing an inventory of vehicles, equipment, materials, supplies, and associated workspace and storage needs. Based on review of the inventories and space needs assessments, all PW staff, vehicles, equipment, materials and supplies will be housed at the following locations: • 1726 Wilson Ave (new PW yard and equipment maintenance facility) • 2101 Hoover Ave (storage of vehicles, equipment, materials and supplies; facilities maintenance and shipments / receivables through purchasing) . • "A" Avenue / City Hall basement • Kimball, Las Palmas and El Toyon Parks Preliminary Timeline: • September 2013 - November 2013 o Continue coordination with PW staff regarding relocation plan o Complete design, advertise and award contracts for improvements to 1726 Wilson Ave, 2101 Hoover Ave and "A" Ave o Advertise and award contract(s) for moving services o Initiate relocation of "Christmas In July" from 1726 Wilson Ave to 2101 Hoover Ave • November 2013 - January 2014 o Complete improvements to "A" Ave o Complete "critical path" improvements to 1726 Wilson Ave and 2101 Hoover Ave o Complete relocation of "Christmas In July" from 1726 Wilson Ave to 2101 Hoover Ave o Initiate relocation of PW • January 2014 - March 2014 o Complete remaining improvements to 1726 Wilson Ave and 2101 Hoover Ave o Complete relocation of PW o Complete bid documents and award contract for WI-TOD site remediation and demolition of existing PW facilities • March 2014 — June 2014 o Complete WI-TOD site remediation and demolition of existing PW facilities to deliver "clean" site to developer Staff previously provided two formal presentations to City Council regarding relocation of PW, one on October 4, 2011 and another on May 7, 2013. Staff will return to City Council with another formal presentation in October 2013. ITEM # is 9/3/13 DISCUSSION ON THE FORMATION OF A MILITARY ADVISORY COMMITTEE (COUNCILMEMBER RIOS)