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2014 01-21 CC HA AGENDA PKT
RON MORRISON Mayor LUIS NATIVIDAD Vice Mayor JERRY CANO Coundlmember 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. GO V AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, JANUARY 21, 2014 — 6:00 PM 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 altemative 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 1/21/2014 — Page 2 to the meeting will enable the City to make reasonable arrangements to ensure accessibility to thi' meeting. Spanish audio interpretation is provided during Elected Body Meetings. Audio headphones are available in the lobby at the beginning of the meeting. Audio interpretaci6n en espanol se proporciona durante sesiones del Consejo Municipal. Los audi6fonos estfin 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 1/21/2014 —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 PRESENTATIONS 1. 2014 Storm Water Calendar Presentation (Engineering and Public Works) 2. Introducing Edward Prendell, Management Analyst, Finance Department. (Administrative Services) 3. Recognition of Anthony J. Gaut for his 30 years of service to the City of National City (Engineering and Public Works) INTERVIEWS / APPOINTMENTS 4. Interviews and Appointments: Library Board of Trustees. (City Clerk) CONSENT CALENDAR 5. Approval of the Minutes of the Adjourned Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of October 8, 2013 and the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of December 3, 2013. (City Clerk) 6. Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Agreement with URS Corporation to increase the not -to -exceed amount of the Agreement by $50,000 and extend the term of the Agreement to January 9, 2015 for on - call general engineering services, construction inspections and project management services for various Capital Improvement Projects (funded by various CIP projects (Engineering and Public Works) CC/CDC Agenda 1 /21 /2014 —Page 4 7. Resolution of the City Council of the City of National City waiving the bidding process based on special circumstances, and authorizing the Mayor to execute an Agreement with Day Wireless Systems, in an amount not to exceed $55,109, to provide maintenance, service and installation of the City's radio communications equipment, maintain infrastructure for mobile and portable radios, on call services and other projects as needed from July 1, 2013 through June 30, 2014. (Police) 8. Resolution of the City Council of National City: 1) Authorizing the Chief of Police to enter into a Memorandum of Agreement with the County of San Diego (San Diego Sheriffs Department and Probation Department) and municipal law enforcement agencies throughout the County, for program support of the Regional Realignment Response Group (R3); 2) Accepting grant funds of $31,539 from the Community Corrections Partnership (CCP) and administered through the San Diego County Sheriffs Department and; 3) Establishment of a Fiscal Year 2014 appropriation of $31,539 and a corresponding revenue budget to support R3 and its primary goal of public safety. (Police) 9. Resolution of the City Council of the City of National City authorizing the installation of time- and day -restricted "No Parking" - Street Sweeping" signs on both sides of E. 26th Street between "B" Avenue and "D" Avenue, and on the east side of "B" Avenue north of E. 26th Street to enhance scheduled Public Works weekly street sweeping access and maintenance. (TSC 2013-24). (Engineering and Public Works) 10. Resolution of the City of National City approving a request for a Cooperative Work Agreement (CWA) to extend the budget authority for the National City Safe Routes to School Roundabout Project at "D" Avenue and E. 12th Street, State Project No. SR2SL-5066(018), from the June 30, 2014 expiration date to June 30, 2015 to allow for reimbursement of eligible project expenditures and authorizing the Mayor to sign the CWA request form. (Engineering and Public Works) 11. Warrant Register #23 for the period amount of $1,391,637.78. (Finance) 12. Warrant Register #24 for the period amount of $1,314,469.56. (Finance) PUBLIC HEARINGS of 11/27/13 through 12/03/13 in the of 12/04/13 through 12/10/13 in the 13. Public Hearing - Conditional Use Permit for alcohol sales at Redbird Market located at 2035 Highland Avenue. (Applicant: Laith Arabo) (Case File 2013-18 CUP) (Planning) CC/CDC Agenda 1 /21 /2014 — Page 5 14. Public Hearing - Conditional Use Permit and Coastal Development Permit for a Wireless Communications Facility located at 1445 Tidelands Avenue. (Applicant: Verizon Wireless) (Case File 2013-24 CUP, CDP) (Planning) 15. Public Hearing - Conditional Use Permit for a Wireless Communications Facility located at 2575 East 8th Street. (Applicant: Verizon Wireless) (Case File 2013-26 CUP) (Planning) ORDINANCES FOR INTRODUCTION ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 16. Resolution of the City Council of the City of National City approving a Conditional Use Permit and Coastal Development Permit for a Wireless Communications Facility located at 1445 Tidelands Avenue. (Applicant: Verizon Wireless) (Case File 2013-24 CUP, CDP) (Planning) 17. Resolution of the City Council of the City of National City approving a Conditional Use Permit for a Wireless Communications Facility located at 2575 East 8th Street. (Applicant: Verizon Wireless) (Case File 2013-26 CUP) (Planning) NEW BUSINESS 18. Continued Item: Response to request by City Council during the December 17, 2013 meeting directing staff to conduct a follow up report regarding existing animal sales practices by National City pet store owners. (Police) 19. A Request to Initiate a Street Vacation to vacate a portion of alleyway bisecting the block between West 16th and West 18th Streets, and between Cleveland and McKinley Avenues (Applicant: Randal J. Ehm, Architect.) (Case File No. 2013-30 SC) (Planning) 20. Presentation of the City of National City Three Year Operating Plan for Fiscal Years 2015 through 2017; presentation of high level findings from a recent community survey report; and request for authorization for the development and drafting of a proposed ballot measure to extend the City's previously voter -approved ten year district sales tax beyond 2016 to maintain the City's public safety services, prevent cuts to police and fire services and ensure adequate funding for parks, libraries and other City services. (Administrative Services) COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY CC/CDC Agenda 1/21/2014 — Page 6 NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY STAFF REPORTS 21. Post New Year's Eve Update. (Police) MAYOR AND CITY COUNCIL 22. Use of Kimball Park for April 18th. Requested by parishioners from Saint Anthony's Church. (Council Initiated) 23. Use of MLK Building both North and South on February 22, 2014 to provide an Affordable Care Act Resource Fair for the citizens of our city. Working alongside the San Ysidro Clinic, and the office of Supervisor Cox. (Council Initiated) 24. Request for City Council consideration of the placement of a trophy/display case in the Martin Luther King, Jr. Community Center public hallway for the display of city and community awards and recognitions. (Council Initiated) CLOSED SESSION REPORT ADJOURNMENT Regular City Council/Community Development/Housing Authority of the City of National City Meeting - Tuesday - February 4, 2014 - 6:00 p.m. - Council Chambers - National City, California. Item # 1 1/21/2014 2014 STORM WATER CALENDAR PRESENTATION (ENGINEERING AND PUBLIC WORKS) Item # 2 01/21/14 INTRODUCING EDWARD PRENDELL, MANAGEMENT ANALYST, FINANCE DEPARTMENT (Administrative Services) Item # 3 1/21/2014 RECOGNITION OF ANTHONY J. GAUT FOR HIS 30 YEARS OF SERVICE TO THE CITY OF NATIONAL CITY (ENGINEERING & PUBLIC WORKS) DATE: December 11, 2013 TO: City of National City MEMORANDUM Lavonne Watts, Executive Assistant IV (City Manager's Office) Josie Flores -Clark, Executive Assistant III (Mayor/Council Office) FROM: Lilia Munoz, Human Resources Analyst SUBJECT: EMPLOYEE SERVICE RECOGNITION The following City employee has completed his 30 years of service with the City of National City on December 1, 2013: NAME : Anthony J. Gaut POSITION : Lead Equipment Mechanic HIRED : December 1, 1983 As part of the Employee Recognition Program, the employee wishes to have the opportunity to receive a City Council Recognition at the Council Meeting of Tuesday. January 21. 2014. If this is acceptable, please make the necessary arrangements and send confirmation of the schedule to the employee, department and our office. The recognition letter and gift certificate selection will be sent prior to the presentation. Thank you. cc: Anthony Gaut, Lead Equipment Mechanic Steve Manganiello, City Engineer H:1Recognition Program CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT 'AEETING DATE: January 21, 2014 AGENDA ITEM NO. 4 ITEM TITLE: Interviews and Appointments: Library Board of Trustees. (City Clerk) PREPARED BY: Michael R. Della PHONE: 619-336-4226 DEPARTMENT: City C rc APPROVED BY: ti XPLANATION: There is a current vacancy on the Library Board of Trustees. One application is on file and the applicant was interviewed on December 17, 2013. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance STAFF RECOMMENDATION: Take further action as desired to fill the vacancy. This is a Mayor's appointment subject to City Council confirmation. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Application CiTY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CiTY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission Planning Commission Community & Police Relations Commission* (CPRC) - Public Art Committee* Library Board of Trustees _ Traffic Safety Committee Parks, Recreation & Senior Citizens Advisory Board Note: Applicants must be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: m Are c 20-r; et. —Dr\ Home Address: (o33 E 164 S+. «'L , 0Q. Q'4 Tel. No.: ce 19 O 4 -a719 Business Affiliation: Lnx,," iasc,ar vs Title: C `'' ^a.' Business Address: C.33 1= lst &. rib.-oQ C. Tel. No.: Length of Residence in National City: 3C San Diego County: 3°V.4 California: �1)1/4rs Educational Background: C.ni+.-4., £te,,... / fli3Noro.Q / 5 Vivi h., vs D -' �3 0.0 „,„ cost win So►-,e..0 i V-Zr.��.. - P L Occupational Experience: U \. s; r , c$�, �,,.; ft,s cL f, t\o C\r) � r� oJr 1.r.%rti Vs—ri)PAL1Ske.rs o C�a✓d•:v^o or Professional or TechnicalaaOrganization Memberships: l)k,i r•3L4c— \e, 0-71-1 E Civic or Community Experience, Membership, or Previous Public Service Appointments: C A/ CCCr+r,c .:SS.• nc1 / G r-1 Experience or Special Knowledge Pertaining to Area of Interest: C4vors,u_..& Cec-• �.: cA_b.c 0..r,h o- t-r-et'i 4,_ 1r1 Have you ever been convicted of a felony crime? No: 7-Yes: misdemeanor crime? No:X. 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: ®a-t• , ?9- 0..1:0 13 Signature: iT Please feel free to provide additional information or letters ndottement. Please retum 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 Item # 5 01/21/14 APPROVAL OF THE MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF OCTOBER 8, 2013 AND REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF DECEMBER 3, 2013. (City Clerk) Book 95 / Page XX 12-03-2013 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY December 3, 2013 The Regular Meeting of the City Council Commission — Housing Authority of the City at 6:10 p.m. by Mayor / Chairman Ron Mo ROLL CALL Council / Board members present: Can Administrative Officials present: Dalla, Raulston, Roberts, Rodrigue r va, Smith PLEDGE OF ALLEGIANCE T PUBLIC ORAL C!s��� , ICATIO Richard Kabb-t. `v ®A( ral Cit assistance fro Citvos:=e their business at their Jacq on Edd Thank Keith Hanra altercation at a PRESENTATIONS Community Development City was called to order orrison, Natividad,(E s se ng Man _ . Vergara, Sotelo-Solis. ;-llo, Parra, s. G BY +S R RON MORRISON er, requested relocation be displaced by a new of Commerce, provided an update ent. d to make everyone aware of the wonderful place at Case Salud. behalf of Mr. Keven Staton who was injured in an d requested help and support. CITY COUNCIL PERSONNEL RECOGNITION / APPRECIATION ADMIN (604-2-1) 1. Recognizing Joe H.A. Smith, Public Works Director for his 32 years of service with the City of National City. COUNCIL MEETING PRESENTATIONS 2013 (102-10-8) 2. Presentation of certificates to the Lions Club for services to the "One Site Vision Clinic." (Council Initiated) 3 Book 95/Page XX 12-03-2013 PRESENTATIONS (cont.) COUNCIL MEETING PRESENTATIONS 2013 (102-10-8) 3. Tourism Marketing District — 2013 Year In Review. (San Diego PR) CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item (NCMC), Item Nos. 6 through 16 (Resolution No Item Nos. 17 through 19 (Warrant Registers). by Natividad, to a•'rove the Consent Calend APPROVAL OF MINUTES 4. Approval of the Minutes of th ular Meeting of ity Council and Community Development Com •n — Housing Auth'r; of the City of National City of November 19, 201 ity m) ACTION: Appr.F. . See abo (Minutes), Item No. 5 -176 through 2013-186), by Sotelo-Solis, seconded by unanimous vote. MUNICIPAL CODE 2013 (506 5. APPROVAL OF A MOT PAR 6. THE ORDI THAT S ADOPT A soL THE CI UE CURB UE. (TS CTION: S CON INANC EADIN ed. See ve. NG OF THE TEXT OF NG AND PROVIDES ODUCED AND/OR TI `txy a NLY. (City Clerk) 13 (801-2-34) ON OF THE CITY COUNCIL OF 'UTHORIZING INSTALLATION OF A PACE WITH SIGNAGE IN FRONT OF 405 "E" gineering) ted. ee above. PARKING & .p IC _ TROL ADMIN 2013 (801-2-34) 7. Resolution -177. RESOLUTION OF THE CITY COUNCIL OF THE CITY OTIONAL CITY AUTHORIZING INSTALLATION OF A BLUE CURB H ' NDICAP SPACE WITH SIGNAGE IN FRONT OF 305 "F" AVENUE. (TSC 2013-21) (Engineering) ACTION: Adopted. See above. PARKING & TRAFFIC CONTROL ADMIN 2013 (801-2-34) 8. Resolution No. 2013-178. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING INSTALLATION OF A BLUE CURB HANDICAP SPACE WITH SIGNAGE IN FRONT OF 905 E. 5TH STREET. (TSC 2013-22) (Engineering) ACTION: Adopted. See above. Book 95 / Page XX 12-03-2013 CONSENT CALENDAR (cont.) PARKING & TRAFFIC CONTROL ADMIN 2013 (801-2-34) 9. Resolution No. 2013-179. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE RESTRIPING OF E. 16TH STREET BETWEEN HIGHLAND AVENUE AND "I" AVENUE TO INSTALL A TWO-WAY LEFT TURN LANE AND "KEEP CLEAR" PAVEMENT MARKINGS WITH SIGNA :, =w IN FRONT OF THE COMMERCIAL DRIVEWAY TO 1539 % HLAND AVENUE TO ENHANCE SAFETY AND ACCESS. (T 3-23) (Engineering) ACTION: Adopted. See above. CONTRACT (C2013-10) 10. Resolution No. 2013-180. R THE CITY OF NATIONAL CI ARMSTRONG GENERAL ENG FINAL CONTRACT ����.!UNT OF RELEASE OF RETE RATIFYING THE FILI CITYWIDE PEDESTRIA SPECIFICA:: r.:,:. O. 12-1 (Enginee GRANT / LIBRAR 11. AUGMEN TERACY S ..R. ESTABL SPONDI TION: A N TH TION OF TH ''=n3, COUNCIL OF CCEPTING THE K OF KOCH- C., 2) A't x�VING THE 6, 3) AUTHNG THE E A`= NT OF $42,990.44, AND 4) COMPLETION FOR THE CEMENTS PROJECT, Proposition A Funds) ION OF THE CITY COUNCIL OF HE ACCEPTANCE OF AN $27,4 " 0 THE CALIFORNIA LIBRARY LS) FY2013-14 GRANT; AND AUTHORIZING F FUND APPROPRIATIONS AND A E BUDGET. (Library) ted. See above. GRANT / PUBLI k ,_ € (206-4-27) CONTRACT (C201 12. Resolution No. 2013-182. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF ADDITIONAL GRANT FUNDING FROM THE FY 2011 OPERATION STONEGARDEN PROGRAM IN THE AMOUNT OF $85,163, AUTHORIZING THE CHIEF OF POLICE TO EXECUTE AMENDMENT NO. 3 TO THE AGREEMENT FOR THE AWARD OF THE GRANT FUNDS, AND AUTHORIZING THE ESTABLISHMENT OF FUND APPROPRIATIONS AND A CORRESPONDING REVENUE BUDGET. (Police) ACTION: Adopted. See above. 5 Book 95 / Page XX 12-03-2013 CONSENT CALENDAR (cont.) EQUIPMENT / VEHICLE PURCHASE ADMIN (209-1-1) 13. Resolution No. 2013-183. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE COUNCIL TO WAIVE THE FORMAL BID PROCESS PER SECTION 12 OF PURCHASING ORDINANCE #1480, AND CHAPTERS 2.60.220(D) AND 2.60.260 OF THE MUNICIPAL CODE, AND AUTHORIZE THE CITY (BUYER) TO PIGGYBACK THE CALIF!;_.,A DEPARTMENT OF GENERAL SERVICES CONTRACT #1- ; "14, AND AWARD THE PURCHASE AND BUILD -OUT OF 8:;rLLY-EQUIPPED POLICE VEHICLES FROM FOLSOM LAKE <° HE NOT TO EXCEED AMOUNT OF $150,000. (Police) ACTION: Adopted. See CONTRACT (C2006-43) 14.. Resolution No. 2013-184. RESO THE CITY OF NAT.AL CITY EXECUTE A SECOK Li . ° t NDMEN OPPER AND VARCO, >#;.., ''>;� INCR AMOUNT OF THE AGR EXCEED REGARD REGU DISPOSI THE COM 15. Re THE EXEC AMOUNT REGULATO T OF ONME ES, A SPOSI LOPM THE CI 'tt UNCIL OF IZING THE " YOR TO THE AGREEMENT WITH THE NOT -TO -EXCEED OR A TOTAL NOT TO _ LEGAL SERVICES DI NS, REMEDIATION, OS - PURSUANT TO THE AGREEMENT BY AND BETWEEN COMMISSION OF THE CITY OF EEK HOUSING PARTNERS, LP. -185. ESOLUTION OF THE CITY COUNCIL OF IONAL CITY AUTHORIZING THE MAYOR TO EMENT WITH E2 MANAGETECH, INC. IN THE 0,000 TO ASSIST STAFF WITH OBTAINING PPROVALS AND IMPLEMENTATION OF THE PROPERTY MITIGATION PLAN FOR ENVIRONMENTAL REMEDIATION OF THE WESTSIDE INFILL TRANSIT ORIENTED DEVELOPMENT (WI-TOD) PROJECT SITE LOCATED AT 2100 AND 2020 HOOVER AVENUE, PURSUANT TO THE CITY'S OBLIGATION TO THE FORMER REDEVELOPMENT AGENCY TO CARRY OUT THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND PARADISE CREEK HOUSING PARTNERS, LP. (Engineering) ACTION: Adopted. See above. 6 Book 95 / Page XX 12-03-2013 CONSENT CALENDAR (cont.) FINANCIAL MANAGEMENT 2013-2014 (204-1-29) 16. Resolution No. 2013-186. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING: 1) APPROPRIATION OF $922,853.50 TO BE APPLIED TO COSTS ASSOCIATED WITH THE RELOCATION OF NATIONAL CITY PUBLIC WORKS OPERATIONS PURSUANT TO THE CITY'S OBLIGATION TO THE FORMER REDEVELOPMENT AGENCY TO CARRY 0 DEVELOPMENT AGREEMENT (DDA COMMUNITY DEVELOPMENT COM NATIONAL CITY AND PARADISE C 2) ESTABLISHMENT OF A REV NET PROCEEDS FROM THE S INFILL TRANSIT ORIENTED PURCHASE OF 1726 WILSO CITY PUBLIC WORKS; AND BUDGET OF $500,0 GENE FULL THROUGH A ACTION: Adopte WARRANT REGI 17. Warrant amount A WAR 18 WARRA 19. Warr amount AC PUBLIC HEARINGS ULY 20 for th . (Fina . See (Fina ee above. BUD F PARC LOPMENT ENUE FOR T HE DISPOSITION AND AND BETWEEN THE N OF THE CITY OF SING PARTNERS, L.P; OF $422,853.50 IN F THE WESTSIDE PROJECT AND CATION OF REVENUE RSED IN EL (1N I - THE MENT • O BE REI NT. (Engineering) (20 8) 13 ' ' rough 10/29/13 in the 014 (202-1-28) 10/30/13 through 11/05/13 in the Y 20 — JUNE 2014 (202-1-28) for the period of 11/06/13 through 11/12/13 in the .43. (Finance) fied. See above. MUNICIPAL CODE 2013 (506-2-28) 20. Public Hearing - Adopting Appendix J of the 2013 California Building Code, amending certain sections of Appendix J and amending Chapter 15.70 (Grading) of the National City Municipal Code. (Engineering) RECOMMENDATION: Hold the Public Hearing. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Sotelo-Solis, to close the Public Hearing. Carried by unanimous vote. 1 Book 95 / Page XX 12-03-2013 PUBLIC HEARINGS (cont.) MUNICIPAL CODE 2013 (506-2-28) 21. Public Hearing - Amending Chapter 15.04 of the National City Municipal Code by amending Section 15.04.010 pertaining to the City Council's authority under Title 15. (Building) RECOMMENDATION: Hold the Public Hearing. TESTIMONY: None. ACTION: Motion by Natividad, sec• % by Sotelo-Solis, to close the Public Hearing. Carried by u «af;( s vote. MUNICIPAL CODE 2013 (506-2-28) 22. Public Hearing - Adopting the Annex H, and the 2011 Nat sections of those codes, and a Municipal Code. (Building) RECOMMENDATION. Id the Publ TESTIMONY: ACTION: Motion the Public Hearing. MUNICIPAL C 23. Public Appendic Standards, MUNICIPAL 24. Public amending RECOMME TESTIM 06-2-28 pting opting Chap alifornia E lectric Code, a ng Chapter 15.24 al Code, including mending certain National City d by Sotelo-Solis, to close nanirn'; vote. 3 C:.- is Fire Code and the National Fire Protection Association 5.28 of the National City Municipal Natividad, seconded by Sotelo-Solis, to close rried by unanimous vote. 6-2-28) dopting the 2013 California Energy Code, and .75 of the National City Municipal Code. (Building) ON: Hold the Public Hearing. NY: None. ACTION: Motion by Natividad, seconded by Sotelo-Solis, to close the Public Hearing. Carried by unanimous vote. Book 95 I Page XX 12-03-2013 PUBLIC HEARINGS (cont.) MUNICIPAL CODE 2013 (506-2-28) 25. Public Hearing - Adopting the 2013 California Green Building Standards Code, and amending Chapter 15.78 of the National City Municipal Code. (Building) RECOMMENDATION: Hold the Public Hearing. TESTIMONY: None. ACTION: Motion by Natividad, sec by by Sotelo-Solis, to close the Public Hearing. Carried by u E�ip �;. s vote. MUNICIPAL CODE 2013 (506-2-28) 26. Public Hearing - Adopting the appendix Chapters A, B, C an and amending Chapter 15.1 (Building) RECOMMENDATION- Id the Publ TESTIMONY: ACTION: Motiond, sec the Public Hearinq ". �' m nanvote. MUNICIPAL C 27. Public 2902.1 o those codes, -�. ildin MUNICIPA 28. Public of the 20 code, and a (Building) RECOMMENDATION: Hold the Public Hearing. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Sotelo-Solis, to close the Public Hearinq. Carried by unanimous vote. ornia Mech mending certain the National City I Code, including ns of that code, nicipal Code. by Sotelo-Solis, toclose alifor "' E_ lumbing Code and Table g Code, amending certain sections of 15.20 of the National City Municipal Natividad, seconded by Sotelo-Solis, to close rried by unanimous vote. 6-2-28) ing Volumes I and II and Appendices C, G, H and I is Building Code, amending certain sections of that Chapter 15.08 of the National City Municipal Code. 9 Book 95 / Page XX 12-03-2013 PUBLIC HEARINGS (cont.) MUNICIPAL CODE 2013 (506-2-28) 29. Public Hearing - Adopting the 2013 California Residential Code, amending certain sections of that Code, and amending Chapter 15.79 of the National City Municipal Code. (Building) RECOMMENDATION: Hold the Public Hearing. TESTIMONY: None. ACTION: Motion by Natividad, secby Sotelo-Solis, to close the Public Hearing. Carried by u pt.._s vote. ORDINANCES FOR ADOPTION MUNICIPAL CODE 2013 (506-2-28) 30. AN ORDINANCE OF THE CI CITY, ADOPTING APPENDIX J CODE, AMENDING ; 'TAIN AMENDING CHAPT 0 MUNICIPAL CODE. (E RECOMMENDATION: A TES . ti: o Y: None. A �:: %� ,'on by t `� `rdinanj.: arried MUNICIPAL COD 31. AN `INCLUDI D AMEND NDING C (Building .:,.J ENDAT IMO UNCIL OF THE C ,9F NATIONAL CALIFO BUILDING OF APPE 'r` J AND OF THE NATIONAL CITY Sotelo-Solis, to adopt CIL OF THE CITY OF NATIONAL IFORNIA ELECTRICAL CODE, 2011 NATIONAL ELECTRIC CODE, IN SECTIONS OF THOSE CODES, AND 4 OF THE NATIONAL CITY MUNICIPAL : Adopt the Ordinance. one. ion by Rios, seconded by Natividad, to adopt the Carried by unanimous vote. �o Book 95 / Page XX 12-03-2013 ORDINANCES FOR ADOPTION (cont.) MUNICIPAL CODE 2013 (506-2-28) 32. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2013 CALIFORNIA FIRE CODE AND THE APPENDICES THERETO, ADOPTING THE NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS, AND AMENDING CHAPTER 15.28 OF THE NATIONAL CITY:.CIPAL CODE. (Fire) RECOMMENDATION: Adopt the Ordinan TESTIMONY: None. ACTION: Motion by Rios, sec • ,h€o otelo-Solis, to adopt the Ordinance. Carried by unan MUNICIPAL CODE 2013 (506-2-28) 33. AN ORDINANCE OF THE CI OF THE C F NATIONAL CITY ADOPTING THE 2013 r` O' $I'A>: ENERG ! DE, AND AMENDING CHAPT ,:fit.«:. 5.75 OF i..:. Yf ` IONAL CI EUNICIPAL CODE. (Building) RECOMMENDATION: rdinan TESTIMONY: Non ACTT ®� : a otion b E:ios, 'Y ��•ed b F tividad, to adopt the Orrried b MUNICIPAL C 34. AN ORDIN �I O <f CITY �� : NCIL OF THE CITY OF NATIONAL DOP I "" E't n �13 k< LIFORNIA GREEN BUILDING NATIONA COMME TESTIM CTION: inance. NG CHAPTER 15.78 OF THE IPAL Cyr'«` . (Building) t the Ordinance. Non on by otelo-Solis, seconded by Rios, to adopt the rried by unanimous vote. MUNICIPAL CO �,< 4<.06-2-28) 35. AN ORDINA F THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, ADOPTING THE CALIFORNIA MECHANICAL CODE, INCLUDING APPENDIX CHAPTERS A, B, C AND D, AMENDING CERTAIN SECTIONS OF THAT CODE, AND AMENDING CHAPTER 15.14 OF THE NATIONAL CITY MUNICIPAL CODE. (Building) RECOMMENDATION: Adopt the Ordinance. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Rios, to adopt the Ordinance. Carried by unanimous vote. �1 Book 95 / Page XX 12-03-2013 ORDINANCES FOR ADOPTION (cont.) MUNICIPAL CODE 2013 (506-2-28) 36. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, ADOPTING THE 2013 CALIFORNIA PLUMBING CODE AND TABLE 2902.1 OF THE 2013 CALIFORNIA BUILDING CODE, AMENDING CERTAIN SECTIONS OF THOSE CODES, AND AMENDING CHAPTER 15.20 OF THE N �;fi,;®NAL CITY MUNICIPAL CODE. (Building) RECOMMENDATION: Adopt the Ordina TESTIMONY: None. ACTION: Motion by Rios $_ , c• nded ' Cano, to adopt the Ordinance. Carried by un µ us vote. MUNICIPAL CODE 2013 (506-2-28) 37. AN ORDINANCE OF THE CITY CITY, ADOPTING VO_ nl., ES I AND OF THE 2013 CALL.,. BUILDI SECTIONS OF THAT CAMEN NATIONAL CITY MUNIC RECOMME R:,,;.r._ ON: Ado T A CITY, A ENDING PTER 15. THE CI NATIONAL PENDICES , H AND I ODE, AMENDING CERTAIN CHAPTER 15.08 OF THE sec: _': d by Rios, to adopt the CIL OF THE CITY OF NATIONAL 201 "= ALIFORNIA RESIDENTIAL CODE, CTIONS OF THAT CODE, AND AMENDING NATIONAL CITY MUNICIPAL CODE. : Adopt the Ordinance. one. on by Morrison, seconded by Rios, to adopt the Carried by unanimous vote. MUNICIPAL CODE 2013 (506-2-28) 39. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 15.04 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING SECTION 15.04.010 PERTAINING TO THE CITY COUNCIL'S AUTHORITY UNDER TITLE 15. (Building) RECOMMENDATION: Adopt the Ordinance. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Rios, to adopt the Ordinance. Carried by unanimous vote. Book95/PageXX 12-03-2013 NON CONSENT RESOLUTIONS LAND USE CODE AMENDMENTS ADMIN (405-6-1) 40. Resolution No. 2013-187. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ORDERING THE AFFIRMATIVE TERMINATION BY AMORTIZATION OF THE NONCONFORMING LAND USE LOCATED AT 1732 COOLIDGE AVENUE, AND ORDERING A REASONABLE AMOUNT OF TIME IN WHI£ ;SUCH USE SHALL BE ORDERED TERMINATED (STEVE'S W OAST AUTOMOTIVE). (Planning) RECOMMENDATION: Adopt the Res TESTIMONY: Carolina Ma °at- from "'y<;. nvironmental Health Coalition, spoke in suppo ACTION: Motion by So < olis, seconded ''N;os, to adopt the Resolution. Carried by u ous vote. LAND USE CODE AMEND S ADMIN 41. Resolution No. 2013- ®te SOLUT ... IF THE CITY COUNCIL OF THE CITY OF NATI�1° r=._.; TY OR 'ING THE AFFIRMATIVE TERMINATION BY AMO "f. b>F„! F TH . �s NCONFORMING LAND USE LOC F .�T 108 FQ: _ E, TR`` €.. AND ORDERING A REASO UNT 0 CH USE SHALL BE TERMIf>> D (JO"' AUTnning) RECOM dopt th . -solution. TES s, seconded by Rios, to adopt the s vote. CONDIT L USE Pi�ITS 20 3 (403-28-1) 42. Notic-, Decision ; lanning Commission approval of a Conditional Use Permit ,.7-lcoh•� ti,-les at Redbird Market located at 2035 Highland Avenue. aith Arabo) (Case File 2013-18 CUP) (Planning) RECOMME ON: Staff recommended denial of the Conditional Use Permit. TESTIMONY: Augie Bareno, representing the applicant, spoke in support. Wameed Tepo, National City, spoke in opposition. Andrea Cardenas, representing the Neighborhood Market Association, spoke in support. Ninus Malan spoke in opposition to the CUP and in favor of a Public Hearing. Shannon Zamudio, National City, spoke in opposition to the CUP and in favor of a Public Hearing. �3 Book 95 / Page XX 12-03-2013 NEW BUSINESS (cont.) CONDITIONAL USE PERMITS 2013 (403-28-1) 42. Notice of Decision - Planning Commission approval of a Conditional Use Permit for alcohol sales at Redbird Market (continued). TESTIMONY: Charles Alexander, National City, spoke in opposition to the CUP and in favor of a Public Hearing. ACTION: Motion by Sotelo-Solis, set wied by Rios, to set for Public Hearing at a date to be deteg'=d. Carried by unanimous vote. Council Member Sotelo-Solis announced k; i an ab' `m;�nce of caution and to avoid the appearance of impropriety, ;r ould absta "=;;om participating in consideration of Item No. 43 due tfact that one of employers owns property adjacent to or near the prope `'A3 der consideration. Member Sotelo-Solis left the ::.e:- mber at 8: CONDITIONAL USE PERMIT ` ' ,a .' 3-28-1) 43. Notice of Decision - Plan • pr sion az f®val of a Conditional Use Permit for ' -through ree s spa}„ated 04 Mile of Cars Way. (Applica Co.) v { e � ` C F ' ) (Planning) RECOM DATI Staff with ecision of the Planning Commissimends t e Notice of Decision be filed. TES t �:®NY >) , ¢ Gates, resenting H. G. Fenton Corporation, by dw' econded by Cano, to approve staff Carrie t y the following vote, to -wit: Ayes: tividad, Rios. Nays: None. Absent: None. lo-S CLO RE: Council Members Morrison, Cano and that they met with representatives of the property Member Sotelo-Soli +rned to the Chamber at 8:18 p.m. CONDITIONAL USE PERMITS 2013 (403-28-1) 44. Notice of Decision - Planning Commission approval of a Conditional Use Permit for a public works facility to be located at 1726 Wilson Avenue. (Applicant: City -initiated) (Case File 2013-28 CUP) (Planning) RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Rios, to approve staff recommendation. Carried by unanimous vote. Book 95 / Page XX 12-03-2013 NEW BUSINESS (cont.) PUBLIC WORKS DEPT ADMIN (1104-1-11) 45. Discussion and presentation on staff report on the relocation of National City Public Works operations to the following proposed locations in order to complete environmental remediation and development of the Westside Infill Transit Oriented Development (WI-TOD) Project: 1726 Wilson Avenue, 2) 2101 Hoover Avenue, 3) 1243 E(=: 'onal City Boulevard/ 1A" Avenue/Kimball Park, 4) El Toyon Park, ag;g'1237 and 1239 McKinley Avenue. (Engineering) (Report on file i F ice of the City Clerk) RECOMMENDATION: Accept and filet a' >•ort. TESTIMONY: Rita Heuss, "`al City, '•ke against use of El Toyon Park but in favor of Eddie Perez, San Diego ACTION: Motion by approve staff recommendat FINANCIAL MANAGEMEN 46. National City Sales Ta (Finance) RECOMME ON: Ac None. by S ation. C cu topics. (Ci COMME TESTIM CTION: availab tew Non wing '=xtensive discussion, staff was asked to look sources and come back with additional information. ken. erall plan. e against use o ` _-.;•ark. -Solis, seconded gj,. Natividad, to Carr unanimote. Second Quarter — 2013. is, s='`'red by Cano, to approve by unanimous vote 102-6-1) treat, including possible dates and vide direction to staff. '5 Book 95 I Page XX 12-03-2013 COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY HOUSING AUTHORITY 2013 (404-1-2) CONTRACT (C2011-05) 48. Resolution No. 2013-19. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ACTING IN ITS CAPACITY AS THE HOU CITY OF NATIONAL CITY ("CDC -HA") A TO EXECUTE A SECOND AMENDM LEGAL SERVICES BETWEEN THE AND KANE BALLMER & BERK EXCEED AMOUNT BY $43,000 OF $93,000. (City Attorney) RECOMMENDATION: Adopt th- olution. TESTIMONY: None. ACTION: Moti by Nativi•'=e;;;; nded by So -Solis, to approve staff re°e dation. by unanimous vote STAFF REPORTS HUMAN RESO 49. 2013 H MAYOR AND CI Memb Christma the Holiday AUTHORITY OF THE IZING THE CHAIRMAN THE AGREEMENT FOR R AGENCY, CDC -HA, ASE THE NOT TO EMENT AMOUNT gh. (Human Resources) out the planned Empowerment Play eetwater Football playoff game. hat a" . ail be sent to encourage donations to the bins . City Hall for Children's Hospital and Spirit of Mayor Morrison ` 'A'® numerous Holiday events including the Historical Society Dinner, Spi`Y`reul'he Holidays and Neighborhood Council Breakfasts; the Sweetwater Football playoff game, the December 12th tree lighting event; the Community Christmas event at the Mayor's house and the Tacos -for -Toys event sponsored by the Low -riders Council. CLOSED SESSION REPORT City Attorney Claudia Silva stated there was nothing to report from the Closed Session. (See attached Exhibit `L') \6 Book 95 / Page XX 12-03-2013 ADJOURNMENT The meeting was adjourned in memory of Mr. Sam Brown. Motion by Sotelo-Solis, seconded by Rios, to adjourn the meeting to an Adjourned Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City to be held Tuesday, December 10, 2013 at 6:00 p.m. at the Counci ambers, National City, California. Carried by unanimous vote. Regular Meeting of the City Council and Co Housing Authority of the City of National 2013 at 6:00 p.m. at the Council Cham unanimous The meeting closed at 9:36 p.m. The foregoing 2014. elopment Commission — ; esday, December 17, lifornia. Carried by the Regular Meeting of January 21, Mayor EXHIBIT `L' AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NA ;` "`L CITY AND SUCCESSOR AGENCY COMMUNITY DEVELOPMEN F F �: . N AS THE NATIONAL CITY RED o •MEN "�'` NCY Main Co Ci 1243 Nationa National City, Special Meetin!t ';€ P ;day, Decem ROLL CALL CLOSED SESSIO 2. C Gov Comm SD Super Court of App nce with Leg nt Code Sec outh Athle'' -,curt Cas ase 4956. v. Almqu E:f. o. 37-20 -000763304-CU-PO-SC unsel "°r ting Litigation 54956. enter v. City of National City, CDC, et al. . 37-2007-00076404-C U-E I-CTL 060001 3. Conference with " w ` ounsel — Existing Litigation Government Code '=ction 54956.9(a) City of National City and Successor Agency v. Morgan Square San Diego Superior Court Case No. 37-2013-00030288 SUCCESSOR AGENCY 1. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Community Youth Athletic Center v. City of National City, CDC, et al. SD Superior Court Case No. 37-2007-00076404-CU-EI-CTL Court of Appeal Case No. D060001 Agenda of a Special Meeting December 3, 2013 Page 2 SUCCESSOR AGENCY 2. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) City of National City and Successor Agency v. Morgan Square San Diego Superior Court Case No. 37-2013-00030288 ADJOURNMENT Next Regular Meeting of the City Council and C<Fsy"`ity Development Commission — Housing Authority of the City of National City — December 3, 2013, 6:00 p.m., Council Chambers, National City, California. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT IEETING DATE: January 21, 2014 AGENDA ITEM NO. 6 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Agreement with URS Corporation to increase the not -to -exceed amount of the Agreement by $50,000 and extend the term of the Agreement to January 9, 2015 for on -call general engineering services, construction inspections and project management services for various Capital Improvement Projects (funded by various CIP projects) PREPARED BY: Stephen Manganiello PHONE: 336-4382 EXPLANATION: See attached DEPARTMENT: Engineering & Public Works APPROVED BY: *0041-7.-x FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS There is no financial impact at this time. Funds will be encumbered on an as -needed basis from previously approved CIP project appropriations. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. First Amendment 3. Resolution Explanation: On January 10, 2012, per City Council Resolution No. 2012-05, the City of National City entered into an agreement with URS Corporation to provide on -call services for various Capital Improvement Projects. The Agreement was for a not -to -exceed amount of $100,000 and a term of two years, with the option to extend for one year when mutually agreed upon by the parties. URS Corporation is currently performing services for necessary mechanical, electrical and HVAC upgrades at Kimball and Morgan Towers. Projects and funding allocations were previously approved by City Council as part of the FY 2014 CIP and annual budget. In order to keep these projects on schedule, staff is requesting a First Amendment to the Agreement to add an additional $50,000 and extend the term of the Agreement through January 9, 2015. FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND URS CORPORATION This First Amendment to the Agreement is entered into this 21st day of January, 2014, by and between the City of National City, a municipal corporation ("CITY"), and URS Corporation, dba URS Corporation Americas (the "CONSULTANT"). RECITALS WHEREAS, The CITY and the CONSULTANT entered into an agreement on January 10, 2012, ("the Agreement") through the adoption of City of National City Council Resolution No. 2012-05, wherein the CONSULTANT agreed to provide on -call general engineering services, construction inspections and project management services for various Capital Improvement Projects. WHEREAS, the original Agreement had a not -to -exceed amount of $100,000; and WHEREAS, to continue timely completion of Capital Improvement Projects, the parties desire to extend the term of the Agreement through January 9, 2015 and increase the not -to -exceed amount by $50,000, for a total Agreement amount of $150,000. AGREEMENT NOW, THEREFORE, the parties hereby agree to amend the Agreement entered into on January 10, 2012 as follows: 1. Extend the term of the Agreement through January 9, 2015. 2. Increase the not -to -exceed amount by $50,000, for a total Agreement amount of $150,000. 3. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated January 10, 2012, shall remain in full force and effect. 4. Amend firm name from URS Corporation to URS Corporation, dba URS Corporation Americas. <signature page to follow> -1- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY URS CORPORATION (Signaturef two corporate officers required) By: By: Ron Morrison, Mayor aneh Surinie` House, e President APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney nan Norris, PE Vice President -2- ACORII CERTIFICATE OF LIABILITY INSURANCE DATE(MWDD/YYYY) 12/20/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-000-000-0000 Marsh Risk and Insurance Services 345 California Street Suite 1300 San Francisco, CA 94104 CONTACT NAME: PHONE INC. No. EMI: 888-769-3873 INC, Nol: E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC 0 INSURER A: NATIONAL UNION FIRE INS CO OF PITTS 19445 INSURED 'DRS Corporation MS dba S Corporation Americas 4225 Executive Sq., Suite 1600 La Jolla, CA 92037 INSURERB: ZURICH AMER INS CO 16535 INSURERC: SEE ATTACHED INSURERD: Lloyd's of London & British Companies INSURERE: LEXINGTON INS CO 19437 INSURER F : CERTIFICATE NUMBER: 37540933 • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTRINSR- TYPE OF INSURANCE ADM SUBR WVD POLICY NUMBER POLICY EFF (MMIDOfYYYYI POLICY EXP IMMIDD/YYYYI LIMITS A GENERAL % LIABILITY COMMERCIAL GENERAL LIABILITY GL 5142592 09/01/13 09/01/14 EACH OCCURRENCE $ 2.000, 000 NTED PREMISES SES (aGE TO Eoccurrence) $ 1, 000, 000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 10, 000 X XCU, BFPD PERSONAL & ADV INJURY $ 2 , 000 , 000 X Contractual Liability GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE —1 POLICY i '- LIMIT APPLIES jT PER: LOC PRODUCTS - COMP/OP AGG $ 2, 000, 000 $ B AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED _ SCHEDULED AUTOS NON -OWNED AUTOS BAP938521504 09/01/13 09/01/14 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 BODILY INJURY (Per person) $ BODILY INJURY(Per accident ) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAR EXCESS LIAR — OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENT ON $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) 1 yes, descrtbe under DESCRIPTION OF OPERATIONS below Y / N N N /A SEE ATTACHED O1/O1 /14TORY 01/01/15 x WCSTATU- LIMITS OTH- FR E.L. EACH ACCIDENT $ 2,000,000 E.L. DISEASE - EA EMPLOYEE $ 2, 000, 000 E.L. DISEASE - POLICY LIMIT $ 2,000,000 D R ClaimeMade Retro 11-17-38 Prof Liab w/Lmtd Contract PP1307135 015438088 09/01/13 09/01/11 09/01/14 09/01/14 Each Claim / Agg 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Re: Program Management / CIP Program Deductible and Self -Insured Retention General Liability - $10M SIR / Automobile Liability - $1M Deductible / Workers Compensation - $1M Deductible / Professional Liability - $25M SIR. The City of National City, and its officers, agents and employees are included as Additional Insureds as respects the General Liability and Automobile Liability policies, where required by written contract. Waiver of Subrogation applies in favor of the City of National City as respects the Workers Compensation policy, where required by written contract or as permitted by law. CERTIFICATE HOLDER City of National City 1243 National City Blvd. National City, CA 91950-4301 i USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) KBaiseURS 37540933 © 1988.2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD -3- SUPPLEMENT TO CERTIFICATE OF INSURANCE 12/2DATE 0/2013 NAME OF INSURED: IIRS Corporation dba URS Corporation Americas Additional Description of Operations/Remarks from Pape 1: and any other required Such insurance shall be primary insurance with respects to the interest of the additional insured's insurance maintained by the additional insured shall be excess and not contributing with the insurance hereunder. Additional Information: The Workers' Compensation coverage shown does not apply in monopolistic states. In the States of ND, OH, WA and WY Workers' Compensation coverage is provided by the State Fund. In those States, the below -referenced policies provide Stop -Gap Employers' Liability only. Workers Compensation policies apply as indicated below: National Union Fire Ins Co Pittsburgh, PA (NAIC# 19445100): WC 015656173 - CA Insurance Company Of The State Of PA (NAIC# 19429100): WC 015656175 - MA, WI (Stop Gap - ND, OH, WA, WY) WC 015656176 - AK, AL, AR, AZ, CO, DE, GA, ID, KS. MY, MD, MN, MD, MS, MT, NC, NH, NM, NV, NY, OR, OR, PA, RI, SC, SD, TN, TR, UT, VA, VT, WV WC 015656178 - ME Illinois National Ins Co (NAIC# 23817001): WC 015656174 - FL WC 015656177 - CT, DC, HI, IA, IL, IN, LA, MI, NE, NJ -4- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement, effective 12:01 A.M. 09/01/13 issued to URS Corporation dba URS Corporation Americas forms a part of Policy No. cL 5142592 by NATIONAL UNION FIRE INS ADDITIONAL INSURED- OWNERS, LESSEES, OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF ADDITIONAL INSURED PERSON OR ORGANIZATION: Please see attached certificate of insurance description of operations section for specific contract, location, or other details. LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS: Please see attached certificate of insurance description of operations section for specific contract, location, or other details. ADDITIONAL PREMIUM: (If No entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) SECTION II - WHO IS AN INSURED is amended to include as an insured; The person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". All other terms and conditions remain unchanged. Authorized Representative 97837 (4/08) Includes copyrighted material of Insurance Services Office, Inc., with its permission. -5- ENDORSEMENT # This endorsement, effective 12:01 A.M. 09/01/13 issued to IIRS Corporation dba URS Corporation Americas forms a part of Policy No. oL 5142592 by NATIONAL UNION FIRS INS CO OF THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES, OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF PERSON OR ORGANIZATION: Please see attached certificate of insurance description of operations section for specific contract. location, or other details. (If No entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) A. SECTION II - WHO IS AN INSURED is amended to include as an insured; The person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that additional insured. B. With respect to the insurance afforded to these additional insureds, SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. - Exclusions, is amended to include the following additional exclusion; This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or, (2) that portion of your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Alt other terms and conditions remain unchanged. 97838 (4/08) Includes copyrighted material of Insurance Services Office, Inc., with its permission. frizb.ed Representative -6- POLICY NUMBER: aAP938521504 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 09/01/13 Countersigned By: A , . . . .fri4 (Authorized Representative) Named Insured: vas Corporation dba MS Corporation Americas SCHEDULE Name of Person(s) or Organization(s): Any person or organization to whom or which you are required to provide additional insured status or additional insured status on a primary, non-contributory basis, in a written contract or written agreement executed prior to loss, except where such contract or agreement is prohibited by law. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section 1I of the Coverage Form. This endorsement is executed by the company designated below: Effective date 09/01/13 Expiration date 09/01/14 Issued t0: tin Corporation dba UM Corporation Americas CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 -7- CA 983 (2-99) Page 1 of 1 BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following" attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM o1/01/14 Issued to CRS Corporation dba DRS Corporation Americas By SEE ATTACHED forms a part of Policy No. sEE ATTACHED We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be % of the total estimated workers compensation premium for this policy. WC 04 03 61 Countersigned by b..13.r... (Ed. 11-90) Authorized Representative -8- Insurer Cancellation Terms Named Insured: URS Corporation dba URS Corporation Americas Policy No. Various Holder Name: City of National City Cancellation Terms: 30 Days Notice of Cancellation will be provided by the carriers in accordance with the policy terms and conditions in the event the policies are canceled or non -renewed, for any reason other than non-payment of premiums. Cancellation Terms Apply to the following coverages: General Liability Auto Liability workers Compensation Professional Liability -9- RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH URS CORPORATION TO INCREASE THE NOT TO EXCEED AMOUNT BY $50,000 AND TO EXTEND THE TERM OF THE FOR ONE ADDITIONAL YEAR FOR ON -CAL GENERAL ENGINEERING SERVICES, CONSTRUCTION INSPECTION, AND PROJECT MANAGEMENT SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS WHEREAS, on January 10, 2012, the City Council adopted Resolution No. 2012- 05, approving an Agreement in the not to exceed amount of $100,000 with URS Corporation for on -call general engineering services, construction inspections, and program management services for the various Capital Improvement Projects; and WHEREAS, to continue timely completion of Capital Improvement Projects, the parties desire to extend the term of the Agreement for one additional year, expiring on January 9, 2015, and increase the not to exceed amount by $50,000, for a total not to exceed amount of $150,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby authorizes the Mayor to execute a First Amendment to the Agreement with URS Corporation to extend the term of the Agreement for one additional year, expiring on January 9, 2015, and to increase the not to exceed amount by $50,000, for a total not to exceed amount of $150,000. Said First Amendment is on file in the office of the City Clerk. PASSED and ADOPTED this 21st day of January, 2014. 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 "IEETING DATE: January 21, 20144 AGENDA ITEM NO.1, ITEM TITLE: (Resolution of the City Council of the City of National City waiving the bidding process based on special circumstances, and authorizing the Mayor to execute an Agreement with Day Wireless Systems, in an amount not to exceed $55,109, to provide maintenance, service and installation of the City's radio communications equipment, maintain infrastructure for mobile and portable radios, on call services and other projects as needed from July 1. 2013 throuah June 30. 2014. PREPARED BY: Ronni Zengota, Operations Assistant DEPARTMENT: Police PHONE: Ext. 4516 APPROVED BY: EXPLANATION: It is requested that Council waive the formal bidding requirements as allowed in Section 12'of the Purchasing Ordinance and in Section 2.60.220 of the National City Municipal Code provides that the requirements of formal bidding may be disposed with when the City Council determines that due to special circumstances, it is in the City's best interest to purchase a commodity or enter into a contract without compliance with the bidding procedure, or when a particular type or make of commodity or equipment has been standardized by the City by order of the City Manager or City Council. Day Wireless has maintained and serviced the City's two-way radio communications equipment, installed and relocated cabling, installed modems, maintains the infrastructure on site for the City's mobile and portable radios, installed radio equipment to include bi-directional antennas, radio antennas, modem installations, relocated antenna cables, and provided preventative maintenance on City radios and )ublic safety radios since 1999. Day Wireless is the certified Motorola vendor for the Regional communications System (RCS) of which the City of National City is a member. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: MIS Amounts are budgeted in respective departments and cannot exceed the following: Police Department - $22,020.00, 001-411-000-287-0000 / Source(s) of remaining $23,000.00 is as yet undetermined; however, additional appropriations will not be required Fire Department - $10,089.00 — 001-412-125-287-0000 & 001-412-125-299-0000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: 1TTACHMENTS: !Jay Wireless AgreemenI AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND U.S. MOBILE WIRELESS COMMUNICATIONS, INC. DBA DAY WIRELESS SYSTEMS THIS AGREEMENT is entered into this day of , 2013, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and U.S. MOBILE WIRELESS COMMUNICATIONS, INC., a coporation, dba Day Wireless Systems, (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide a maintenance agreement for the Police Department and the Fire Department for the City of National City. WHEREAS, the CITY has determined that the CONTRACTOR is a technical equipment repair and installation company specializing in public safety systems, and qualified by experience and ability to perform the services desired by the CITY, and the CON TRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY agrees to engage the CONTRACTOR, and the CONTRACTOR agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services shall be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2a. SCOPE OF SERVICES — POLICE DEPARTMENT The CONTRACTOR will perform maintenance of equipment as set forth in the attached Exhibit "A" ($22,020.00). POLICE DEPARTMENT also will have CONTRACTOR perform installations such as radio installations, cabeling, modem installations and antenna installations as directed by the POLICE DEPARTMENT, and other projects as directed by the CHIEF OF POLICE ($23,000.00). 2b. SCOPE OF SERVICES — FIRE DEPARTMENT The CONTRACTOR will perform maintenance of equipment as set forth in Exhibit "B". 1 City's Standard Agreement 2011 revision The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 20% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Lieutenant Robert Rounds hereby is designated as the Project Coordinator for the POLICE DEPARTMENT and Jason Matlock and Michael Lafrenere hereby are designated as the Project Coordinators for the FIRE DEPARTMENT and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Amador Macias thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall not exceed Forty Five Thousand Dollars ($45,020.00) for the POLICE DEPARTMENT. This not to exceed amount includes the specific scope of services set forth in Exhibit "A" totaling Twenty Two Thousand Twenty ($22,020.00) (POLICE) as set forth in Exhibit "A", for the term of this Agreement, and up to the remaining balance ($23,000.00) for additional parts, installations, services and equipment as set forth in Section 2a of the Agreement (Scope of Services -Police Department) during the term of the Agreement. The compesantion for the CONTRACTOR for the FIRE DEPARTMENT shall not exceed $10,089.00. This not to exceed amount includes the specific scope of services set forth in Sectio 2b of this AgreementExhibit "B". Billings shall include labor classifications, respective rates, hours worked and also materials, if any. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibits "A" and "B", as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of fmal payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONTRACTOR and the City cannot agree to the quality or acceptability of the 2 City's standard Agreement-2O 3 sevssion this Agreement, the City or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the City chat]. each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 6. EFFECTIVE DATE AID LENGTH OF AGREEMENT. This Agreement will become effective on July 1, 2013. The duration of this Agreement is for the period of 1 year, July 1, 2013 through June 30, 2014, provided that the parties may mutually agree to extend this Agreement on the same terms and conditions for three (3) additional one-year terms. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONTRACTOR'S written work product for the CITY'S purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR'S employees, and it is recognized by the parties that a substantial 3 city', Sdoderd Agreement 2011 revision inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTPR from employing or hiring as many employees, or SUBCONTRACTORS, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTPR with its SUBCONTRACTPR(S) shall require the SUBCONTRACTPR(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR'S employees, except as herein set forth, and the CONTRACTOR or the CONTRACTOR'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONTRACTOR its agents, servants, and employees are as to the CITY wholly independent CONTRACTOR, and that the CONTRACTOR'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR and each of its SUBCONTRACTOR(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR'S professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, 4 City's Standard Agreement —201 i revisrof when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTPR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extentthat the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. The CONTRACTOR agrees to defend, indemnify and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to 5 City's Standard Agreement 2011 xevi®oa property, injuries to, or death of any person or persons, and all claims, demands, suites, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, or employees. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTPR, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONTRACTOR(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. ❑ If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTORS employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. 6 City's standard Agreement —2011 revision If CONTRACTOR has no employees subject to the California Workers' Compensation and Labor laws, CONTRACTOR shall execute a Declaration to that effect. Said Declaration shall be provided to CONTRACTOR by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A VIE according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines insurers (LESLI list) and otherwise meet rating requirements. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY' S Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled 7 City'sStandard Agreement —ton revieon by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTPR'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail'(Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: 8 City's Standard Agreement —201 ] revisit To CITY: Chief of Police City of National City 1243 National City Boulevard National City, CA 91950-4301 To CONTRACTOR: Day Wireless 8300 Juniper Creek Lane Suite 100 San Diego, CA 92126-1072 Fire Director City of National City 1243 National City Boulevard National City, CA 91950-4301 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates 9 City'a Standard Ageentcat-2011 revision apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement hall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the 10 city's Standard Agreement —2011 revision drafting party shall not apply in the any amendments hereto. IN WITNESS WHEREOF, and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva, Esq. City Attorney interpretation of this Agreement, or any portions hereof, or the parties hereto have executed this Agreement on the date U.S. MOBILE WIRELESS COMMUNICATIONS, INC. DBA DAY WIRELESS SYSTEMS, INC. (CO4un4i - signatures of two corporate officers) By: (Name) (Print) (Title) ame) BIM+ V%c , (Print) ofs- o,tnnS (Title) 11 C ity's Standard Agreement —2011 revision DAY WIRELESS SYSTEMS SERVICE AGREEMENT dba: US Mobile Wireless Communications, Inc. 8300 Juniper Creek Lane STE 100 DATE 6/15/2013 San Diego, CA 92126 858-537-0709 Fax: 858-537-9570 CUSTOMER NAME: City of National City - Police Department ATTN: Accounts Payable BILLING ADDRESS: 1243 National City Blvd. CITY: National City CONTRACT START DATE: 7/1/2013 YES ZIP 91950 AUTO RENEWAL. NO CUSTOMER # NAT140 DAY WIRELESS SYSTEMS CUSTOM ER/AGREEMENT: 565-00 CUSTOMER CONTACT: Anthony Abruscato aabruscato@nationalcityca.gov TELEPHONE / FAX n: 619-336-4509 Fax: 619-336-4525 EXPIRATit)N LA I F' 6/30/2014 PAGE 1 OF 1 WNENTMN AGREEMENT b ro. TED eVW MOSILE WIELEs8. TE EclUEGAENT ORMECVSTONEAEGIREENEMT ORDER PEFERERGEDASOIE WILL BE SEM.LE. RV MOEEE WIRELESS N NCCORDANOE WRU THE TEAMS.MA CORDITIows ?REITEO DNATTAGMMENT. TMN AOREENERr DOES NOT NOLUDE RE/RACEMERTCF ANTENNAS, BAl i EN!SS,OR SERVICE OF NIYTRREMSSIOR weM WaNIa -PLACE OF SERVICE MONTHLY SVC AMOUNT SPECIAL INSTRUCTIONS: QTY MODEL NUMBER/SERIAL NUMBERIDESCRPTION EZEeTDIER LOW.. SVC CIA D.E. WC CDT MAIL. HOURS OF SERVICE: 8:00 AM TO 4:30 PM Monday thru Friday excluding weekends PER win EXTENDED and holidays. 3 Mobile Control Stations' X 9.00 27.00 3 Reomote Op Positions` X 74.00 222.00 An annual preventative maintenance inspectton Is included In this contract 1 Spectra Consolette edstin9' X 25.00 25.00 and is to be scheduled by a representative of National City Police Department. 1 Ethernet Router X 15.00 15.00 1 Ethernet Switch* X 15.00 15.00 This contract Includes all parts and labor with the exception of antennas, 1 Tensor Channel Bank* X 25.00 25.00 batteries, cables, programming, physical abuse and water/checmical 9 XTL5000 Consolettes' X 9.00 81.00 damage. 3 BDA X 25.00 75.00 15 Astro Mobiles X 8.00 120.00 17 XTS3000 Portables X 10.00 170.00 *Denotes that this equipment Is covered under 24/7/365. 67 XTS5000 Portables X 8.00 536.00 20 XTS2500 (warranty) X 2.00 40.00 Contract included pick up and delivery of portables. 6 XTS5000 Portables (Warranty X 2.00 12.00 56 Astro Mobiles X 8.00 448.00 [ X ] NEW [ ] ADJUSTMENT 3 Moto Astros X 8.00 24.00 AGREEMENT AGREEMEN1W Mditian.I terns, denWone end conditions el INe SERVICE AOREEMENT are petaled on eve 2. PURCHASE NUMBER Totals for page 1 PAYMENT CYCLE: TAX EXEMPT: [ ] ANNUALLY ( I YES, ATTACH EXEMPT [ ] SEMI-ANNUALLY CERTIFICATE ( 1 QUARTERLY ( x ] NO 1 x ] MONTHLY [ J OTHER (SPECIFY IN SPECIAL INSTRUCTIONS) TOTAL PER MONTH $1,835.00 TAXES $0.00 TOTAL 61,835.00 AUTHORIZED CUSTOMER (SIGNATURE) THE ABOVE SERVICE AMOUNT IS SUBJECT TO STATE A LOCAL TAXING JURISDICTIONS TO HE DATE: VERIFIED BY DAY WIRELESS SERVICE REPRESENTATIVE (SIGNATUREI .,.«. DAY WIRELESS SYSTEMS SERVICE AGREEMENT dba: US Mobile Wireless Communications, inc. 8300 Juniper Creek Lane STE 100 DATE 6/26/2013 San Diego, CA 92126 858-537-0709 Fax: 858-537-9570 CUSTOMER NAME, NATIONAL CITY -FIRE DEPT CUS rOMER #: NAT130 qa WIRELESS SYSTEMS DA ATTN. BRENDA HODGES 619-336-4570 CUSTOMER/AGREEMENT: 560-00 BILLING ADDRESS: 1243 NATIONAL CITY BLVD CITY: National City STATE: CA ZIP CONTRACT START DATE: 7/1/2013 YES 92050 AUTO RENEWAL: NO CUSTOMER CONTACT: JASEN MATLOCK/ MICHAEL LAFRENIERE TELEPHONE / FAX #. 619-336-4550/619-336-4562 lmatiock(ci;nationalcityca ;qov EXPIRATION DATE: 6/30/2014 PAGE 1 OF 2 WMpI TWSAOIKEMENT 16 AOCEFTEO 1.6 VE MOeLE W RELEES. THE EOOPMENT ONTNE O WTONEWAOPEEIIENTOROER REFETENCSO AWYE WILL BE EETTED EYVd. MO99E WIREUMM W ACOORDAICE WIm INE TERMS AND CO.RIC W PRMTEDON ARA:NIIe(r. TNR AGREEMENT DOES NOT MAME REPIJl2MENTOP AM WMAS, SATTERE9,ORSERMOEtF AMYTRANEMRSIONLAE.ANTENNA YOWER 06 TOWER LSITNOUAES9 SOON WORN N DESOR MED BELOW FLAG OF SERVICE MON INLY SVC AMOUNT SPECIAL INSTRUCTIONS; QTY MODEL NUMBER/SERIAL NUMBERSINSCRPTION CUSTOM. IMAM. eCcm PRMIE.M MC. NALd. HOURS OF SERVICE: 8:00 AM TO 4:30 PM Monday thru Friday. PER UNIT EXTENDED EXCLUDING WEEKENDS and HOLIDAYS. 14 Astro XTL5000 W 9X Mobile Rados x 15.00 210.00 4 Astro XTL5000 W7X Base Stations x 15.00 60.00 An annual preventive maintenance inspection is included in this contract and Is to be 35 XTS5000 Portables x 9.00 315.00 scheduled by a representative of the FIRE DEPT. 28 VehicularTrl-chem charger x 7.50 210.00 2 Battery Maintenance Systems x 3.00 6.00 This contract Includes all parts and labor with the exception of antennas, batteries, cables, 4 Impress Rapid Rate Chargers x 3.00 12.00 programming, physical abuse and water/chemical damage. 5 Desktop chargers Model AA1670 x 3.75 18.75 1 Batt Maint System Model W PLN4079BR x 9.00 9.00 [X ] NEW [ J RENEWAL AGREEMENT AGREEMENTS Addltlan terms. deMl1Pne and nonABEne of WA SERVICE AGREEMENT en printed en She reverse R. AUTHORIZED CUSTOMER SIGNATURER.OA TITLE DATE IS P.O. REQUIRED? Lx, YES, ATTACH P.O. 1 1 NO PAYMENT CYCLE: TAX EXEMPT: [ ] ANNUALLY [ ] YES, ATTACH EXEMPT I ] SEMI-ANNUALLY CERTIFICATE 1 1 QUARTERLY [ z ] NO [ x J MONTHLY 1 1 OTHER (SPECIFY IN SPECIAL INSTRUCTIONS) TOTAL PER MONTH $840.75 TAXES TOTAL $840,75 SERVICE REPRESENTATIVE (SIGNATURE) TELEPHONE # THE ABOVE SERVICE AMOUNT Is SUBJECT TO STATE S LOCAL TAXING JURISDICTIONS, TO BE VERIFIED BY DAY WIRELESS SERVICE REPRESENTATIVE (PRINT NAME) CELL PHONE # DAYMANA-01 MELODYK ACORO" CERTIFICATE OF LIABILITY INSURANCE I DATE(MMIDD!YYYY) 13/23/2013 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEL REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on thls certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Durham and Bates Agencies, Inc. 720 SW Washington St. Ste250 Portland, OR 97205 CONTACT Melody Kirkendall PHONE (AIC, No. ExU: (503) 224-5170 FAX No): (503) 221-0540 ADDRESS: melodyk@dbates.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : OneBeacon America Ins. Co INSURED US Mobile Wireless Communications, Inc. dba: Day Wireless Systems 4700 SE International Way Mllwaukie, OR 97222 INSURER a :Navigators Insurance Co 42307 INSURER C : Hartford INSURER o:Atlantic Specialty Ins. CO. INSURER E : INSURER F : COVERAGES CFRTIFICATC kit raanrn. - -- -- -- . _... _ -.-... IctvIGIUN NUMBER: THIS INDICATED. CERTIFICATE EXCLUSIONS INSR IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION QF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE ADUL INSR SUUR WVD POLICY NUMBER IMMIUDDIYCY YYFY) IMIMIDDfyYYYL LIMITS A GENERAL X LIABILITY COMMERCIAL EACH OCCURRENCE $ 1,000,000 GENERAL LIABILITY n 711014061-0000 8120/2013 10/1/2014 PAREMISESIEaoccunnce) $ 1,000,000 X $1,000,000 CLAIMS -MADE OCCUR Umbrella MED EXP (Any one person) $ 10,000 X Washington Stop Gap PERSONAL& ADV INJURY $ 1,000,000 GEN'L AGGREGATE GENERAL AGGREGATE $ 2,000,000 LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 Loc WA Emplrs Liab $ 5001 A AUTOMOBILE X LIABILITY ANY AUTO COMBINED SINGLE LIMIT accident) $ 1,000,1 FD SCHEDULED 711014061-0000 8120/2013 10/1/2014 BODIL BODLY INJURY (Per person) $ X A AUTOS HIRED X NONOS-OWNED BODILY INJURY (Per accident) $ AUTOS AVT PROPERTY DAMAGE (Per accident)_ S $ B X UMBRELLA LIAR EXCESSUAB X OCCUR AGGRENCE $ 8,000,000 DED CLAIMS -MADE LA12EXC161165IV 10/1/2012 10/1/2013 AGGRREGATEEGATE $ 8,000,000 WORKERS RETENTION $ $ C COMPENSATION AND EMPLOYERS'LIABIUTY YIN ANY X I TOORRY LIATU- MITSI I OTH- ER OFFICER/ME BEREEXCLUDED?ECUTIVEI N I (Mandatory In NH) J NIA 52WELN9641 10/1/2012 10l112013 E, L. EACH ACCIDENT $ 1,000,000 If yes, describe udder DESCRIPTION OF E.L. DISEASE - EA EMPLOYEE $ 1,000,000 OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D DESCRIPTION Tech E8.0 Liability Claims -Made 711014062-0000 711014062-0000 8/20/2013 8/2012013 10/1/2014 1011I2014 Each Claim/Aggregate SIRlDED Each Cllaimim2, 0,000 1100,000 OF OPERATIONS! LOCATIONS ! VEHICLES (Attach ACORD 101, Additional Remarks Schedule If more space Is required) Re: Continuing Maintenance Protects throughout National City. For Additonal Insured provisions see attached Blanket Additonal Insured forms VCG207 07 09 Vantage for General Liability Technology Companies, and VCA 201 01 09 Vantage for Automobile. Workers Compensation form WC040306 - Waiver of Our Right to Recover From Others Endorsement - California attached. CERTIFICATE HOLnFR _ _ --__ ION City of National City Go Ronnl Zengota 1200 National City Blvd National City, CA 91950.4302 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORO° AGENCY CUSTOMER ID: DAYMANA-01 LOC #: 1 ADDITIONAL REMARKS SCHEDULE MELODYK Page 1 of 1 AGENCY Durham and Bates Agencies, Inc. POLICY NUMBER SEE PAGE 1 CARRIER SEE PAGE 1 NAIL CODE SEE P1 NAMED INSURED US Mobile Wireless Communications, Inc. dba• Day Wireless Systems 4700 SE International Way Mliwaukie, OR 97222 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACDRD 25 FORM TITLE: Certificate of Liability Insurance Remarks: Workers Compensation Companies Workers Compensation Companies Hartford Insurance Co of the Midwest (NAIC 37478) - Applies to State of Nevada Hartford Accident and Indemnity (NAIC 22357) - Applies to States of CA and OR ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 0=111.0111••••■110. 11011•Mmen...+ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. @VANTAGE FOR GENERAL LIABILITY TECHNOLOGY COMPANIES This endorsement modifies Insurance provided under the following: -COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following schedule, ists the coverage extensions provided by this endorSernent. Refer to the individual provisions to determine the extent of your coverage. SCHEDULE OF COVERAGE EXTENSIONS 1. Additional Insured — Broad Form Vendors 2. Additional Insured — by Contract, Agreement or Permit relafing to: o Work performed by you Prernises you own, rent, lease or occupy o Equipment you lease • 3. Aggregate Limit Per Location 4. Blanket Waiver of Subrogation S. Bodily Injury Redefined Monte! Anguish • 6. Broadened Named Insured 7, Broadened Property Damage .o Borrowed Eq.uipment 'o Customers' Goods o Use of Elevators 8. Coverage Territory — Worldwide 9. Duties in Event of Occurrence, Claim or Suit le. Expected or Intended Injury (PD) 11. Inciderital Metheal MalPractice 12. Medical F'ayinents 13. Mobile Equipment Redefined 14. Newly Acquired or Femme -Organizations 15. Nort-OvMed Aircraft 16, Non -Owned Watercraft 17. Personal and Advertising Injury 141. Product Recall Eperise 19. Supplementary Payinents Increased Limits 1. ApornomAt. INSURED - BROAD FORM VENDORS Section II —Who Is An insured is amended 10 indlUde a. ail additional insured any petson(s) or organization(s) (referred to below as vendor) with.whom you agreed in a written contractor agreement to provide insurance, but only With respect to 'bodily Injury" or"property damage" arising out of 'your products" which are distributed or sold in the regular course of the vendor's business, subjectto the following additional exclusirms: a. This Orovialori 1, doesnot applyto: (1)- "Bodily injury" or "property damage" for which the vendor is tibliggeri to pay damages, by reason of the assumption of liability In a contract or agreement. This exclusiOn does not apply to liability for derneges that the vendorwould have in the absence -of the contract .or agreement; (2) Any express warranty rvtauthorized 13y yoti; (3) Any physical Or chemical change in the product made intentionally by the vendor; (4) Repackaging, except When unpacked solelY ter the purpose of inspection, demonstration, testing or the „ . substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure tio make soch inspections, adjustments, tests or servicing as the vendor, has agreed to make Or normally undertakes V make in the -usual course of business, In connection with the distribution or sale of the PrOdeeta; (6) Demonstration, installaflon, servicing or repair operetens except such operations 'performed et the vendor's premises in connection with thesale of the product; (7) Products Which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or Ingredient ef any other IN lig or eubStanceby or for the vendor, or (8) "Bpdlly injury" or "property damage" arising Out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting.ort Its behalf. However, this exOlusioadoes not apply (a) The exceptions ooritained in Subparagraphs 4. or 6 or voe207 070 tncljdes copyrighted Materiel ofinsuraitoe artivIcerrOlfice.,lec• coTayrigni zoos, iffnifffolinflitiliiiirthilitir in Ill tittliftithr 11 Page 1 of 7 b): Sikh inepedtions, AdjustmefttS,'tests :or senitcing at the 'vettdorhas agreed to make or nerrmatly underiakesto'nrlake In the usual 0Atirs'e of buslrtesss, In Connetrfion'with the distribufron or sale of the Orottusts (9) Any vendor; person or Organizationif. the 7p.oclucts,coropleted opemiaons hazard" Is exeluded .either by the pr4stotls of the 00v€rage Forrirof by endd# erneid. b. This insurance does not apply to any insured. person; oY ortlenlzation, frgm Wborn you have acqutreti such products, or eny:ingredlent, pad or container, entering into, erermtriptaiying or ooniairt'u ettch. prpduvts.. 2, ADDITIONAL INSURED - CONTRACT, AGREEMENT OR ptitilmt e: Section II - Who' is An Insured is amended to inek de as an addiitional insured: any persons) pr organt= zaiion(s) with whom you agreed in a wnt en contract,written agreeMent or permit to provide insurance such as ts.e'tfordad under this Coverage hart, but only nth respect to lia ihty for "birdity irt_juiy", "property damage' or "'personal and advertising injury .caused, in whole or in part, by your acts or omissions or the acts or pttilaelei s Of those acting on Year behalf; '(. In the perfon»anee ,vf "yoor Work' ftrr the addiitional _insttl'.ed(e) tg the for on designated in: the contract, 'agreement or pelt; err: 2. In the maintenance,, operation or use tat equipment leased to youbysuch persons) or organIzation(s), or 3. in connection with, premises ysu own, rent, leas . or ooecupf,,- This insurance one printery or, primary and noncontributory basis if that is required it vairitirrg by the oorrtract; agreement or permit.; b. The insurance provided to the additierialinsured herein is limited; This tnateance'does'outapply: '! (a the written contract, .agreerrient or Snaffle currently in effector bet vines eifectiva doting the tent of this policy, and (b) fbe odntract qr Agree/dent was ,executed. Or permit issued prior to the "bodily thjury", "property damage; or !personal and etivertSIng injury"; 2. TO any person or organization included as an Insured under the Additional .insured - Broad Form Vendors provision °0fthis.endorsement 3. To any Orson er ergani 0 included as an insured by an entlornentedt issued by us and made part of #his G .veiBge Rant; 4,'TO any ,person er organization if the °'bodily injury` "'prul rty .damage" , .or "pe cnai and advertiSing rijury" wise out of The :rendering of`.or failure to render any profeetiOnei archltect'urel, engineering or awv ying services by or far you jncduding; (a The; preparing,,.. epprovipg;. orlofting to prepare or ;Apple:;: maps, shop drawings, opinions., reports; surveys, field orders, change orders or drawtnga afd.spe i turns; or fb Superveory,inspection; archltec:urai:or.englhereringactivities. bs To any: tat Less>:+r Of equtprttenf. after the equipment lease terminates or expires; or (b) Owners or otl erintetest .. fhot'rt: trm dad h,S bsetrt Weed; or (c): Maruagere or tessors tf premises if . (11 The '!or> itrt'enctettakes. place after you (*ate to be a.tenantin that prefidee ; of (2) The 'bodily loitey", °'property damage";. "curial oral rtfs+ilg 3t jw? arises: out of structural alterations; new oonstnuetion or detnoIit,ort operations; performed: by or on;behelf of the: manager cr lessor. G.ToL'bodiVinjuty,'or°properydamage"ocounin after (a) Allwntk on the.; project (father than, Sendce, Mitlifiteilanee or repairs) to be perforated byor an behalf of the additlonal:insured et the site ;of the ccwered:.iaperatiofia haa*nail mpioted; or (la) Thet put en of "your; worst" out:, of which the injury or damage arises has;beern put.to its intended use by' ally person Or organizationother than another contractor or subcontractor engaged In perfot'mhtp Qpetatieos fora principal es part of the saline prokei. Pogo 2 of 7 :Indudes..00pyrighled•meteiiatorinsuea( a Services . , Inc. 14C0207 A7.Ofi• copretgtczoos,litiintolntritttillintintitriartrnt ntnit .c.Limis of Insurance applicable to the additional insured are those Specified in the contract, agreement Of porn* or In the Declarations of this policy, whichever is less, and fix the most we will pay regardless of the nmberot 1. Insureds; 2. Claims Made .or "suite brought or 3. Personeor orgaritzations making delft's or bringing "sults". These pits et Insurance are friclusive of and not in addition to the Limits ot .Insurance shown- in the DetdatetiOnC 3. AGGREGATE WWII PER LOCATION a. Under Section ID.— Limits ofinsurance, the General Aggregate. Limit applies Separately:to ear* ofyour "locatiOns"owned by ern3nted Or laaeed to you, b. Under Section V — Definitions, the following definitionis added: "Location" 'means premises invoNing the same or connecting lots, or premises whose connection is Interrupted only by a street, roadway, waterway or right,of-way of a railroad. 4. BLANK. ET WAIVER OF StiOROGATION Section, IV Transfer of Rights of Recovery Against Others to Us Condition is ,arriencled to add the k)Ilowing: We will waive any light of recovery we may have against any person or organization because of payments we make for injury or damage arising out o1 your ongoing operations done under a written contract or:agreement with that person or organization and included In "your work* or the 'Preideets-coMOteted epersitiOns hazard". Vila waiver apPties only to persons or organizations With whom you have a wiitten contract, executed prior to the 'bodily injury' Or 'property damage", that requires you towaive your rights of reeovery. 5. BODILY INJURY REDEFINED — MENTAL ANGUISH Under Seeder) V, the definition of 1)ocil1If IS replaced hi( the following: "Boclily injury" Means bodily injury, sickness, ordisease sustained by a person, including mental anguish or tleathresulting from any of these at any time. S. BROADENED NAMED INSURED Secti.01111,- Who Is An Insured is amended to Include as an. insured the following: Any organizatiOn which Is a legally incorporated entity in Which you own a financial interest of more than 50 percent of the voting stock on the effective date of this endorsement.will be a Named Insured until the 150th day or the end Of the Policy parted, whichever comes first, provided there is no other similar insurance available ID thatbrganizatiOn., The insurance afforded herein does not apply to any entity which is also SO insured under another policy or would be an insured under such policy but. for Its terininetion or the ex hatistien of its limits of Insurance. 7. BROADENED PROPERTY DAMAGE — BORROWED EQUIPMENT, CI,JSTOM.ERS' GOODS AND USE OF ELEVATORS , . The Meteoric° for "properly damage" liability is. subject to thetollowing: a. The Damage, To Property exclusiOn under Section 1 Coverage A is amended as felknvs: 1. The exclusion for personal property In the care, custody or controlof the insured does not apply to "property lamage" to :equipment you hollow while at a job sile and provided it is pot being used by anyone:la perforni operations !Attie firrie of loss. 2. The exclusions Tor (a) Property loaned to you ; (b) personal property In the 'care, custody or centrbiof the iristrrekand (c) Thatparticular part of any property, thet must be restored, repaired or replaced because. 'Your work° was incorrectly pedal -tried 011 de not apply to *property damage to 'customers' geode while: on. pour prernises nor do they apply to "property dernage",erising from the use of elevatere aprenlees you Own, rent, lease or occupy. Subject to the Each -0ooketence Limit, the most we will pay for "properly damage" to "Customers' Goode is $30,00Q Per"000lorence". VG471`207 07 OS 1.4Cludek Colfrightecifflakiitil of1nsuran$eMcesTh1Ce,Ir. Noe Sot 7' copyileiv2ece,,ifluirifrlfrialuirnriturniftrigrittionnt POLICY NUMBER: 711009918-0006 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. @VANTAGE FOR AUTOMOBILE This endorsement modifies insurance provided under the following; BUSINESS AUTO COVERAGE FORM The following schedule lists the coverage extensions provided by this endorsement. Refer to the individual provi- sions to determine the extent of your coverage. SCHEDULE OF COVERAGE EXTENSIONS 1. Additional Insured By Contract 2. Airbag Discharge 3. Auto Theft Reward 4. Blanket Waiver of Subrogation 5. Bodily Injury Redefined — Mental Anguish 6. Broad Form Named Insured 7. Communications Equipment 8. Diminution In Value 9. Drive Other Car — Executive Officers 10. Miles In The Event of Accident, Claim, Suit or Loss 11. Employees As Insureds 12. Employee Hired Autos 13. Fellow Employee Exclusion 14. Glass Repair — Waiver of Deductible 15. Hired Auto Physical Damage Coverage 16. Lease Gap Coverage 17. Liability Coverage — Supplementary Payments 18. Newly Formed or Acquired Organizations 19. Physical Damage — Transportation Expenses 20, Rental Reimbursement— Private Passenger Vehicles 21. Towing —Any Covered Auto 1. ADDITIONAL INSURED BY CONTRACT The Who is An Insured provision under SECTION 11 — LIABILITY COVERAGE is amended to include as an additional insured" any person or organization with whom you agreed in a written contract, written agreement or permit, to provide insurance such as is afforded under this Coverage Form. Such person or organization is an "insured" only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part by your maintenance, operation or use of your covered "autos". With respect to the insurance afforded to these additional "insureds", this insurance does not apply: a. Unless the written contract or agreement has been executed or the permit has been issued prior to the "bodily injury or "property damage"; b. To any person or organization included as an "insured" by endorsement or in the Declarations; or c. To any lessor of "autos" when their contract or agreement with you for such teased "auto" ends. 2. AIRBAG DISCHARGE If you purchased physical damage coverage for a covered "auto" under this policy. we will pay to reset or re- place an airbag that accidentally discharges without the vehicle being involved in an accident No deductible applies to this additional coverage. However, this coverage only applies if the airbag is not covered under a manufacturers warranty and you did not intentionally cause the airbag to discharge. 3. AUTO THEFT REWARD We will pay up to a $2,000 reward in the event of a covered loss, for Information leading to the arrest and con- viction of anyone steeling a covered "auto". A reward will not be paid to you, a family member, employee or any public official while performing their duty, 4. BLANKET WAVER OF SUBROGATION The Transfer Of Rights of Recovery Against Others To Us condition under SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A. LOSS CONDITIONS is replaced by the following: We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", provided the contract is In writing and executed prior to the "bodily injury" or "property damage". 5. BODILY INJURY REDEFINED — MENTAL ANGUISH The definition of "bodily injury" underSECTTON V - DEFINITIONS is replaced by the following: "Bodily Injury" means bodily injury, sickness, or disease sustained by a person, including mental anguish or death resulting from any of these at any time. VCA 2010100 Includes copyrighted materiel of Insurance Services Office, Inc. Page 1 of 5 Copyright 2004, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 52 WE LN9641 Endorsement Number: Effective Date: Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: DAY MANAGEMENT CORPORATION PO BOX 189 ESTACADA, OR 97023 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description AS NEEDED PER CONTRACT Countersigned by Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 10/03/12 Authorized Representative Policy Expiration Date: 10/01/13 RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE BIDDING PROCESS BASED ON SPECIAL CIRCUMSTANCES, AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH DAY WIRELESS SYSTEMS IN AN AMOUNT NOT TO EXCEED $55,109 TO PROVIDE MAINTENANCE, SERVICE, AND INSTALLATION OF THE CITY'S RADIO COMMUNICATIONS EQUIPMENT, MAINTAIN INFRASTRUCTURE FOR MOBILE AND PORTABLE RADIOS, AND FOR CERTAIN PROJECTS AND ON -CALL SERVICES FOR THE POLICE DEPARTMENT AND FIRE DEPARTMENT FROM JULY 1, 2013 THROUGH JUNE 30, 2014 WHEREAS, the City desires to employ a contractor to provide general services related to two-way radio communications maintenance for the City of National City, including certain projects for the Police Department and Fire Department; and WHEREAS, the City has determined that Day Wireless Systems is a technical equipment repair and installation company specializing in public safety systems, and is qualified by experience and ability to perform the services desired by the City, and Day Wireless Systems is willing to provide such services for an amount not to exceed $22,020 for radio installations, cabling, modem installations and antenna installations for the Police Department, $23,000 for other projects as directed by the Chief of Police, and $10,089 for the maintenance of equipment for the Fire Department, for a total not to exceed amount of $55,109; and WHEREAS, Section 2.60.220 of the National City Municipal Code provides that the requirements of formal bidding may be disposed with when the City Council determines that due to special circumstances, it is in the City's best interest to purchase a commodity or enter into a contract without compliance with the bidding procedure, or when a particular type or make of commodity or equipment has been standardized by the City by order of the City Manager or City Council; and WHEREAS, Day Wireless Systems has maintained and serviced the City's two-way radio communications equipment since 1999, and changing the service to another vendor would entail additional costs to integrate the Day Wireless system with the new vendor's system, which are the special circumstances demonstrating it is in the City's best interests to enter this Agreement without the formal bidding procedure. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves waiving the bidding process because it is in the City's best interests to do so based on the special circumstances set forth above, and authorizes the Mayor to execute an Agreement with Day Wireless Systems to provide radio installations, cabling, modem installations and antenna installations, and other projects for the Police Department for the not to exceed amount of $45,020, and maintenance of equipment for the Fire Department in the not to exceed amount of $10,089, for a total not to exceed amount of $55,109, from July 1, 2013 through June 30, 2014. Said Agreement is on file in the office of the City Clerk. [Signature Page to Follow] Resolution No. 2014 — Page Two PASSED and ADOPTED this 21st day of January, 2014. 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 IEETIRIt DATE: January 21, 2014, AGENDA ITEM NO. E ITEM TITLE: Resolution of the City Council of National City: 1) Authorizing the Chief of Police to enter into a Memorandum of Agreement with the County of San Diego (San Diego Sheriffs Department and Probation Department) and municipal law enforcement agencies throughout the County, for program support of the Regional Realignment Response Group (R3); 2) Accepting grant funds of $31,539 from the Community Corrections Partnership (CCP) and administered through the San Diego County Sheriffs Department and; 3) Establishment of a Fiscal Year 2014 appropriation of $31,539 and a corresoondina revenue budaet to support R3 and its primary aoal of public safety. PREPARED BY: Jose Tellez, Captain DEPARTMENT: Police ': PHONE: Ext. 4513 APPROVED BY: EXPLANATION: As part of the State of California Realignment (AB109), San Diego County through the She Department requested funds from the Community Corrections Partnership (CCP) to create a Regional Realignment Group (R3). The funds shall be used to support R3 and its primary goal of public safety by developing and implementing targeted, proactive, intelligence -based approach to control and counteract the risks associated with realigned offenders and Post Release Community Supervision Offenders, released into San Diego County. As part of this agreement, the National City Police Department will receive $31,539 to conduct compliance and enforcement operations of violators. FINANCIAL STATEMENT: ACCOUNT NO. Revenue Fund : 290-11643-3470 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: MIS STAFF RECOMMENDATION: Approve the Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Agreement for the 2013 Regional Realignment Response (R3) Exhibit A Agency Allocations for Realignment Response Group (R3)1 AGREEMENT FOR THE 2013 REGIONAL REALIGNMENT RESPONSE (R3) PARTIES TO THE AGREEMENT This Agreement is between the COUNTY OF SAN DIEGO ("COUNTY"), the CITY OF CARLSBAD, the CITY OF CHULA VISTA, the CITY OF CORONADO, the CITY OF EL CAJON, the CITY OF ESCONDIDO, the CITY OF LA MESA, the CITY OF NATIONAL CITY, the CITY OF OCEANSIDE, the CITY OF SAN DIEGO ("CITIES"), collectively the "PARTIES", for program support of the Regional Realignment Response Group ("R3"). For the COUNTY, participating agencies are the Sheriff's Department and the Probation Department. For the CITIES, participating agencies are the police departments. RECITALS R.1 COUNTY through SHERIFF requested and received funds from the Community Corrections Partnership (CCP) to create a Regional Realignment Response Group (R3). R.2 Funds shall be used to support the R3 and its primary goal of public safety by developing and implementing a targeted, proactive, intelligence -based approach to control and counteract the risks associated with realigned offenders (which include those sentenced pursuant to California Penal Codes 1170(h)(5)(A) PC and 1170(h)(5)B) PC and Post Release Community Supervision Offenders) released into San Diego County. R.3 Government Code §55632 authorizes COUNTY through SHERIFF and PARTIES, to contract with SHERIFF for provision of joint law enforcement services. R4 PARTIES desire to enter into an agreement with provisions concerning the nature and extent of R3 collaboration, services rendered, and compensation; and 1 R.5 COUNTY, by action of the Board of Supervisors on January 7, 2014, approved and authorized the SHERIFF to execute expenditure contracts to use FY2013 R3 funds to reimburse all PARTIES for overtime expenses incurred in R3 activities not to exceed the amounts described in Exhibit A — Agency Allocations, during the project period December 1, 2013 through December 31, 2014; and R.6 PARTIES agree to maintain documentation supporting all expenditures reimbursed from R3 funds. NOW THEREFORE, for consideration, the receipt and sufficiency of which is hereby acknowledged, PARTIES jointly intend that COUNTY through SHERIFF will fund, and PARTIES will provide, a level of R3 services, as set forth in this Agreement. AGREEMENT 1. Purpose And Intent The purpose of this Agreement is to satisfy the R3 proposal submitted to and awarded by the Community Corrections Partnership. 2. SCOPE OF SERVICES 2.1 Method of Service Delivery SHERIFF will maintain the R3 funding and will be administratively responsible for reimbursement of PARTIES' obligations under this Agreement. . 2.2 Overview Of Basic Services PARTIES will provide R3 activities ("Activities") in their designated areas of jurisdiction and/or in coordination with other R3 partner agencies in order to counteract the risks associated with realigned offenders released into San Diego County. 2 2.2.1 Framework of Operations A Regional Realignment Response Group (R3 Group) will be created to oversee R3 Operations and Activities. The Membership of the Group will consist of the Designated Coordinators of each PARTY, as outlined in Section 4.2.3. The R3 Group will meet regularly to discuss and plan R3 Operations and Activities. Regional Sub -Groups will be created for the Northern, Central and Southern areas of the County. The Regional Sub -Groups will be responsible for the planning and coordination of allied or regional operations involving two or more PARTIES. Membership of the Regional Sub -Groups is as follows: NORTHERN: A Police Lieutenant from the cities of Escondido, Carlsbad, Oceanside, a Lieutenant from SHERIFF, and a Supervising Probation Officer from PROBATION. CENTRAL: A Police Lieutenant from the cities of San Diego, El Cajon, La Mesa, a Lieutenant from SHERIFF, and a Supervising Probation Officer from PROBATION. SOUTHERN: A Police Lieutenant from the cities of San Diego, National City, Chula Vista, a Lieutenant from SHERIFF, a Commander from the City of Coronado and a Supervising Probation Officer from PROBATION. 3. TERM OF AGREEMENT 3.1 Initial Term The term of this Agreement shall be December 31, 2013 and shall continue in effect through and terminate at midnight on December 31, 2014 subject to the termination provision in section III. B. and III. C. below. 3 3.2 Option to Extend Renewal or extension of the Agreement beyond December 31, 2014 shall be subject to available funding. 3.3 Termination Subject to the applicable provisions of state law, each PARTY may terminate its participation in this Agreement upon ninety -day (90) minimum written notice to the other PARTIES. 4. STANDARDS OF SERVICE: OBLIGATIONS OF THE PARTIES 4.1 Anticipated Outcome The anticipated outcome of the R3 Activities to be provided by PARTIES under this Agreement is increased law enforcement presence in each respective PARTY's designated area of jurisdiction in order to counteract the risks associated with realigned offenders released into San Diego County. The anticipated outcome will be reached by achieving the goals and accomplishing the missions set forth below by the PARTIES. 4.1.1 PARTIES will provide enhanced enforcement by increasing patrol presence in areas where realigned offenders reside, jurisdictions where they have been released, and areas they are known to frequent. This patrol presence will include 4th waiver searches, probation compliance checks, directed patrol, and coordinated multi -agency sweeps. In addition, PARTIES will utilize their unique investigatory areas of expertise in operations. 4.1.2 Increase intelligence/information sharing among PARTIES, including but not limited to the following activities: 4 4.1.2.1 Utilize Criminal Intelligence Analysts, dedicated to the R3 program, located at the County's Law Enforcement Coordination Center (LECC). The LECC will serve as the centralized clearinghouse for information and documentation of realigned offender post -release packets. 4.1.2.2 Conduct bi-monthly meetings with a minimum of one representative from each PARTY. 4.1.2.3 Increase information sharing during operations. 4.1.3 Prior to R3 "Activities", or Operations, an Operations Plan must be approved by the Regional Realignment Response Group. The Operations Plan is to be submitted by the Operations Coordinator via email to R3Gnsdsheriff.org at least 72 hours prior to the operation. 4.1.4 At the conclusion of each shift (Operation) funded by Regional Realignment Response (R3), law enforcement officers in each agency will complete a Daily Activity Report (DAR). The DAR will be submitted to the agency's designated Operation's Coordinator. 4.1.5 At the conclusion of each shift (Operation) funded by R3, the Operation Coordinator will email the following to R3GAsdsheriff.org: 4.1.5.1 An OVERALL Operation Statistics Form 4.1.5.2 All Daily Activity Report (DAR) Forms (from Deputies/Officers) 4.1.5.3 A complete Operation Roster (includes all personnel assigned to operation with sign in and sign out times) 5 4.2 Personnel Qualifications And Assignment 4.2.1 Qualifications Each PARTY shall ensure that personnel it assigns to perform activities pursuant to this Agreement meet the minimum qualification for their specific classification. 4.2.2 Management, Direction and Supervision; Independent Contractors The hiring, firing, management, direction, and supervision of each PARTY's personnel, the standards of performance, the discipline of each PARTY'S personnel, and all other matters incident to the performance of such services, shall be performed by and be the responsibility of each PARTY in each PARTY's sole but reasonable judgment and in accord with the provisions of applicable labor agreements. Each PARTY shall be the appointing authority for all its personnel provided to R3 by this AGREEMENT. PARTIES shall have no liability for any direct payment of salary, wages, indemnity, or other compensation or benefit to any other PARTY's personnel. Each PARTY and its respective officers, agents and employees are independent contractors and are not officers, agents and employees of any other PARTY. Each PARTY's personnel are under the direct and exclusive supervision of that PARTY, and each PARTY assumes full responsibility for the performance of its own personnel in connection with this Agreement. No PARTY has the authority to bind any other PARTY. 4.2.3 Designated Coordinators SHERIFF shall select and designate a coordinator who shall manage and direct the R3. Each other PARTY shall select and designate a coordinator under this Agreement. The designated coordinators for each PARTY shall represent their agency on the R3 Group outlined in Section 2.2.1, perform the activities outlined in Section 4.1.5 and implement, as 6 needed, appropriate procedures governing the performance of all requirements under this Agreement and shall be responsible for meeting and conferring in good faith in order to address any disputes which may arise concerning implementation of this Agreement. 4.2.4 Staffing for Basic Services PARTIES shall ensure that adequate numbers of their qualified respective personnel are provided to R3 Activities at all times during the term of this Agreement to meet the Basic Services, Scope of Services, and Standards of Service commitments set forth herein. 4.2.5 Equipment and Supplies Each PARTY will supply its own personnel with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment necessary to perform R3 Activities under this agreement, unless otherwise specified in Exhibit C. 5. COST OF SERVICES/CONSIDERATION 5.1 General As full consideration for the satisfactory performance and completion by PARTIES of Activities set forth in this Agreement, COUNTY through SHERIFF shall reimburse PARTIES for personnel assigned to perform R3 Activities on the basis of claims and submittals as set forth hereunder not to exceed the amounts specified in Exhibit A — Agency Allocations. . Such payments by COUNTY through SHERIFF are dependent on the continued availability of funds from the Community Corrections Partnership (CCP). 5.2 Personnel Costs/Rate of Compensation During the term of this Agreement, COUNTY through SHERIFF shall reimburse PARTIES for overtime worked by personnel assigned to perform R3 Activities based upon the actual costs incurred by PARTIES to provide Activities under this Agreement. 7 5.3 Method of Payment PARTIES shall submit correct and complete reimbursement forms, labor reports, and timesheets, as documentation that represents amounts due under this Agreement to SHERIFF no later than the final business day of the subsequent month from the month being claimed to: San Diego County Sheriffs Department, Grants Unit, Ref: CCP, P. O. Box 939062, San Diego, CA 92193. 5.3.1 Reimbursement forms, labor reports and timesheets must have the signature of PARTY's designated coordinator or his or her designee, certifying that the invoice, labor reports and timesheets are true and correct. 5.3.2 PARTIES shall provide payroll records for each and every person whose costs are reimbursable under this Agreement, to include, at a minimum, the person's name, classification, duty position, task, regular hourly rate, overtime hourly rate, overtime hours worked, date overtime worked and fringe benefit rate and cost. PARTIES shall make available to SHERIFF for inspection, upon request, all payroll records and any other records that relate to the Basic Services provided under this Agreement. 5.3.3 Within sixty (60) business days upon receipt of valid invoice and complete documentation, SHERIFF will reimburse PARTIES for the Basic Services agreed to. 5.3.4 Each PARTY is responsible for tracking the claims submitted by their agency to ensure the total claims do not exceed the Agency allocations provided in Exhibit A. 6. INDEMNIFICATION RELATED TO WORKERS COMPENSATION, EMPLOYMENT AND CLAIMS AND LIABILITY ISSUES 8 6.1 Workers Compensation And Employment 6.1.2 The COUNTY shall fully indemnify and hold harmless Non -County PARTIES and their respective officers, employees and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs and/or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of the COUNTY or any contract labor provider retained by the COUNTY, or (2) any claim, demand, suit or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of the COUNTY or any contract labor provider retained by the COUNTY. 6.1.2 Each Non -County PARTY shall fully indemnify and hold harmless the COUNTY, its officers, employees and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of that respective agency or any contract labor provider retained by the Non -County party, or (2) any claim, demand, suit or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of that respective law enforcement agency or any contract labor provider retained by the law enforcement agency. 9 6.2 Indemnification Related To Acts Or Omissions; Negligence 6.2.1 Claims Arising From Sole Acts or Omissions of a PARTY Each PARTY to this Agreement hereby agrees to defend and indemnify the other PARTIES to this Agreement, their agents, officers and employees, from any claim, action or proceeding against the other PARTIES, arising solely out of its own acts or omissions in the performance of this Agreement. At each PARTY's sole discretion, each PARTY may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve any PARTY of any obligation imposed by this Agreement. PARTIES shall notify each other promptly of any claim, action or proceeding and cooperate fully in the defense. 6.2.2 Claims Arising From Concurrent Acts or Omissions The PARTIES hereby agree to defend themselves from any claim, action or proceeding arising out of the concurrent acts or omissions of the PARTIES. In such cases, PARTIES agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph 6.2.4 below. 6.2.3 Joint Defense Notwithstanding paragraph 6.2.2 above, in cases where PARTIES agree in writing to a joint defense, PARTIES may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of PARTIES. Joint defense counsel shall be selected by mutual agreement of PARTIES. PARTIES agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 4 below. PARTIES further agree that no PARTY may bind the others to a settlement agreement without the written consent of the others. 10 6.2.4 Reimbursement and/or Reallocation Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, PARTIES may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. 7. GENERAL PROVISIONS 7.1 Notices Any notice, request, demand or other communication required or permitted hereunder shall be in writing and may be personally delivered or given as of the date of mailing by depositing such notice in the United States mail, first-class postage prepaid and addressed as follows or, to such other place as each party may designate by subsequent written notice to each other: To COUNTY and SHERIFF: Sheriff San Diego County Sheriff's Department P. O. Box 939062 San Diego, CA 92193 To Non -County PARTIES: Chief of Police Carlsbad Police Department 2560 Orion Way Carlsbad, CA 92010 Chief of Police Chula Vista Police Department 315 Fourth Avenue Chula Vista, CA 91910 Chief of Police Escondido Police Department Chief Probation Officer Probation Department 9444 Balboa Avenue, Ste. 500 San Diego, CA 92123 Chief of Police Coronado Police Department 700 Orange Avenue Coronado, CA 92118 Chief of Police El Cajon Police Department 100 Fletcher Pkwy El Cajon, CA 92020 1163 North Centre City Parkway Escondido, CA 92026 Chief of Police 11 La Mesa Police Department La Mesa, CA 91942 8085 University Ave Chief of Police Chief of Police National City Department Oceanside Police Department 1200 National City Blvd 3855 Mission Ave National City, CA 91950 Oceanside, CA 92058 Chief of Police San Diego Police Department 1401 Broadway San Diego, CA 92101 A notice shall be effective on the date of personal delivery if personally delivered before 5:00 p.m. on a business day or otherwise on the first business day following personal delivery; or two (2) business days following the date the notice is postmarked, if mailed; or on the first business day following delivery to the applicable overnight courier, if sent by overnight courier for next business day delivery and otherwise when actually received. 7.2 Amendment This Agreement may be modified or amended only by a written document signed by the COUNTY through SHERIFF and the affected PARTY or PARTIES, and no oral understanding or agreement shall be binding on any PARTY or PARTIES. 7.3 Entire Agreement This Agreement constitutes the complete and exclusive statement of agreement between the COUNTY and Non -County PARTIES with respect to the subject matter hereto. As such, all prior written and oral understandings are superseded in total by this Agreement. 7.4 Construction This Agreement will be deemed to have been made and shall be construed, interpreted, governed, and enforced pursuant to and in accordance with the laws of the State of California. The headings and captions used in this Agreement are for convenience and ease of reference only and shall 12 not be used to construe, interpret, expand, or limit the terms of the Agreement and shall not be construed against any one party. 7.5 Waiver A waiver by COUNTY or Non -County PARTIES of a breach of any of the covenants to be performed by COUNTY or Non -County PARTIES shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions, or conditions of this Agreement. In addition, the failure of any party to insist upon strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by COUNTY or Non -County PARTIES of either performance or payment shall not be considered a waiver of PARTY's preceding breach of this Agreement. 7.6 Authority to Enter Agreement COUNTY and Non -County PARTIES have all requisite power and authority to conduct their respective business and to execute, deliver, and perform the Agreement. Each PARTY warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 7.8 Cooperation COUNTY through SHERIFF and Non -County PARTIES will cooperate in good faith to implement this Agreement. 7.9 Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 7.10 Severability This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any Court or other legal authority, or is agreed upon by the PARTIES, to 13 be in conflict with any law or regulation, then the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of this Agreement to any PARTY is lost, then the Agreement may be terminated at the option of the affected PARTY, with the notice as required in this Agreement. In all other cases, the remainder of this Agreement shall be severable and shall continue in full force and effect. 7.11 Representation PARTIES' Chief, or their respective designee, shall represent PARTIES in all discussions pertaining to this Agreement. SHERIFF, or his or her designee, shall represent SHERIFF in all discussions pertaining to this Agreement. 7.12 Dispute Resolution Concerning Services and Payment In the event of any dispute concerning services and payment arising from this Agreement, the SHERIFF, or his or her designee, and PARTIES' Chief of Police, or his or her respective designee, will meet and confer within 10 (ten) business days after receiving notice of the dispute to resolve the dispute. 7.13 Termination of Funding In the event that funding for reimbursement of costs related to R3 Activities is terminated by the CCP, this Agreement in its entirety shall be considered null and void and COUNTY through SHERIFF and PARTIES shall no longer be required to provide R3 Activities as described herein. In such event, the COUNTY through SHERIFF and PARTIES shall meet immediately, and if agreed upon by the COUNTY through SHERIFF and PARTIES, mutually develop and implement within a reasonable time frame, a transition plan for the provision of R3 Activities through alternate means. 7.14 Obligation This Agreement shall be binding upon the successors of the PARTIES. 14 7.15 California Law This Agreement is executed and delivered within the State of California and the rights and obligations of the PARTIES hereto shall be construed and enforced in accordance with, and governed by the laws of the State of California. IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on this day of , 2013. COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT PROBATION DEPARTMENT William D. Gore Mack Jenkins Sheriff Chief CARLSBAD POLICE CHULA VISTA DEPARTMENT POLICE DEPARTMENT Gary Morrison David Bejarano Chief Chief CORONADO POLICE EL CAJON DEPARTMENT POLICE DEPARTMENT Jon Froomin Jim Redman Chief Chief 15 ESCONDIDO POLICE LA MESA POLICE DEPARTMENT POLICE DEPARTMENT Craig Carter Ed Aceves Chief Chief NATIONAL CITY OCEANSIDE POLICE POLICE DEPARTMENT DEPARTMENT Manuel Rodriguez Chief Frank McCoy Chief SAN DIEGO POLICE CITY OF SAN DIEGO DEPARTMENT William Lansdowne Mayor Todd Gloria (Interim) Chief or Designee Approved as to form and legality: SAN DIEGO COUNTY COUNSEL Approved as to form and legality: JAN GOLDSMITH, CITY ATTY., CITY OF SAN DIEGO William L. Pettingill Linda L. Peter Senior Deputy Deputy City Attorney 16 Exhibit A Agency Allocations for Regional Realignment Response Group (R3G) Coronado Police Department La Mesa Police Department El Cajon Police Department National City Police Department Probation Department Sheriff Contingency $26,200 $46,411 $41,865 a r wy'%vim, $31,539 $55,744 $218,010 $108,843 RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE COUNTY OF SAN DIEGO (SAN DIEGO SHERIFF'S DEPARTMENT AND PROBATION DEPARTMENT) AND MUNICIPAL LAW ENFORCEMENT AGENCIES THROUGHOUT THE COUNTY FOR PROGRAM SUPPORT OF THE REGIONAL REALIGNMENT RESPONSE GROUP, ACCEPTING GRANT FUNDS IN THE AMOUNT OF $31,539 FROM THE COMMUNITY CORRECTIONS PARTNERSHIP (R3) TO SUPPORT R3 AND ITS PRIMARY GOAL OF PUBLIC SAFETY, AND ESTABLISHING A FISCAL YEAR 2014 APPROPRIATION OF $31,539 AND A CORRESPONDING REVENUE BUDGET WHEREAS, as part of the State of California Realignment (AB 109), San Diego County, through the Sherriff's Department, requested funds from the Community Corrections Partnership ("CCP") to create a Regional Realignment Group ("R3"); and WHEREAS, the funds shall be used to support R3 and its primary goal of public safety by developing and implementing a targeted, proactive, intelligence -based approach to control and counteract the risks associated with realigned offenders and Post Release Community Supervision Offenders released into San Diego County; and WHEREAS, as part of this Agreement, the National City Police Department has received $31,539 to conduct compliance and enforcement operations of violators. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby authorizes the acceptance of grant funds in the amount of $31,539 from the Community Corrections Partnership ("CCP") to create a Regional Realignment Group that will develop and implement a targeted, proactive, intelligence -based approach to control and counteract the risks associated with realigned offenders and Post Release Community Supervision Offenders released into San Diego County. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Chief of Police to execute a Memorandum of Agreement with the County of San Diego for program support of the Regional Realignment Response Group. BE IT FURTHER RESOLVED that the City Council hereby authorizes the establishment of fund appropriations and a corresponding revenue budget. PASSED and ADOPTED this 21st day of January, 2014. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT FETING DATE: January 21, 2014 AGENDA ITEM NO. 9 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of time- and day - restricted "No Parking - Street Sweeping" signs on both sides of E. 26th Street between "B" Avenue and "D" Avenue, and on the east side of "B" Avenue north of E. 26th Street to enhance scheduled Public Works weekly street sweeping access and maintenance. (TSC 2013-24) PREPARED BY: Kenneth Fernandez, P.E. PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT: Engineering and Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: At their meeting on December 11, 2013, the Traffic Safety Committee unanimously approved the staff recommendation to enhance scheduled Public Works weekly street sweeping access and maintenance. ATTACHMENTS: 1. Explanation 2. Staff Report to the Traffic Safety Committee on December 11, 2013 (TSC 2013-24) 3. Resolution EXPLANATION Ms. Maria Erickson, resident of 2535 "B" Avenue, has requested the installation of time- and day -restricted "No Parking - Street Sweeping" signage on both sides of E. 26th Street between "B" Avenue and "D" Avenue, and on the east side of "B" Avenue north of E. 26th Street to enhance scheduled Public Works weekly street sweeping access and maintenance. According to Ms. Erickson, the street is not properly swept due to the number of vehicles regularly parked on the street. Ms. Erickson also stated that the amount of vehicles parked on the street often times nearly occupies a majority of available public parking regardless of the time or day of the week. Two citizen -initiated petitions were created and distributed around the neighborhood. Both petitions clearly stated the action being requested and specific location of said action. It was then submitted to Engineering staff for review. Staff analyzed the petitions and ascertained that the neighborhood demonstrated enough interest to move forward with the process of installing "No Parking" signage for street sweeping purposes. Staff visited the site after the petition was received. The neighborhood is composed of single- family, multiple -family, apartment complexes, condominium, and commercial properties. Given the observed amount of vehicles parking on the public street, staff agrees that the installation of time- and day -restricted "No Parking" signage for the purposes of weekly street sweeping access would be beneficial to the neighborhood and maintenance of the street. Engineering staff consulted with Public Works Streets Division to verify the street sweeping schedule for this area, which is every Tuesday between the hours of 7:00 AM and 9:00 AM with the exception of City holidays. At their meeting on December 11, 2013, the Traffic Safety Committee unanimously approved the staff recommendation to install time- and day -restricted "No Parking - Street Sweeping" signage on both sides of E. 26th Street between "B" Avenue and "D" Avenue, and on the east side of "B" Avenue north of E. 26th Street to enhance scheduled Public Works weekly street sweeping access and maintenance. If approved by City Council, all work will be performed by City Public Works. 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR DECEMBER 11, 2013 ITEM NO. 2013=24 ITEM TITLE: REQUEST TO INSTALL TIME -RESTRICTED "NO PARKING STREET SWEEPING" SIGNS ON BOTH SIDES OF E. 26TH STREET BETWEEN "B" AVENUE AND "D" AVENUE, AND ON THE EAST SIDE OF "B" AVENUE NORTH OF E. 26TH STREET fBY M. ERICKSON) PREPARED BY: Kenneth Fernandez, P.E., Acting Assistant Civil Engineer, Engineering and Public Works Department, Engineering Division DISCUSSION: Ms. Maria Erickson, resident of 2535 "B" Avenue, has requested the installation of time - and day -restricted "No Parking Street Sweeping" signage on both sides of E. 26th Street between "B" Avenue and "D" Avenue, and on the east side of "B" Avenue north of E. 26th Street to improve scheduled weekly street sweeping access. According to Ms. Erickson, the street is not properly swept due to the number of vehicles regularly parked on the street. Ms. Erickson also stated that the amount of vehicles parked on the street often times nearly occupies a majority of available public parking regardless of the time or day of the week. Two citizen -initiated petitions were created and distributed around the neighborhood. Both petitions clearly stated the action being requested and specific location of said action. It was then submitted to Engineering staff for review. Staff analyzed the petitions and ascertained that the neighborhood demonstrated enough interest to move forward with the process of installing "No Parking" signage for street sweeping purposes. Staff visited the site after the petition was received. The neighborhood is composed of single-family, multiple -family, apartment complexes, condominium, and commercial properties. Given the observed amount of vehicles parking on the public street, staff agrees that the installation of time- and day -restricted "No Parking" signage for the purposes of weekly street sweeping access would be beneficial to the neighborhood and maintenance of the street. Engineering staff consulted with its Public Works Division and determined the street sweeping vehicle is scheduled to be in this area every week on Tuesday between the hours of 7:00 AM and 9:00 AM with the exception of City holidays. -1- STAFF RECOMMENDATION: Staff recommends the following improvements to enhance street sweeping efficiency on both sides of E. 26th Street between "B" Avenue and "D" Avenue, and on the east side of "B" Avenue north of E. 26th Street: 1. Install "No Parking" signage on poles with time- and day -restricted verbiage (i.e. Every Tuesday between 7:00 AM and 9:00 AM; Holidays Excluded) with "Start" and "End" indicators on the public right-of-way at strategic locations. EXHIBITS: 1. Location Map 2. Photos 2013-24 -2- Location Map with Recommended Enhancements (TSC Item: 2013-24) Proposed installation of customized Time - Restricted "No Parking - Street Sweeping" Signage on poles (example shown below) Eastside of "B" Avenue looking northeast from E. 26th Street E. 26th Street looking west from 300 block of E. 26th Street -4- E. 26th Street looking east from 300 block of E. 26th Street -5- RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF TIME AND DAY RESTRICTED "NO PARKING — STREET SWEEPING" SIGNS ON BOTH SIDE OF EAST 26T" STREET BETWEEN "B" AVENUE AND "D" AVENUE, AND ON THE EAST SIDE OF "B" AVENUE NORTH OF EAST 26TH STREET TO ENHANCE SCHEDULED PUBLIC WORKS WEEKLY STREET SWEEPING ACCESS AND MAINTENANCE WHEREAS, a resident of 2535 "B" Avenue has requested the installation of time and date restricted "No Parking - Street Sweeping" signs on both sides of East 26th Street between "B" Avenue and "D" Avenue, and on the east side of "B" Avenue north of East 26th Street, because the street sweeper is unable to clean the street due to parked vehicles; and WHEREAS, after inspection of the site, staff recommends installing time and date restricted "No Parking - Street Sweeping" to enhance scheduled Public Works' street sweeping schedule for this area, every Tuesday between the hours of 7:00 a.m. and 9:00 a.m., with the exception of City holidays; and WHEREAS, at its meeting on December 11, 2013, the Traffic Safety Committee approved staffs recommendation to install time and date restricted "No Parking - Street Sweeping" signs on both sides of East 26th Street between "B" Avenue and "D" Avenue, and on the east side of "B" Avenue north of East 26th Street; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of "No Parking - Street Sweeping" signs on both sides of East 26th Street between "B" Avenue and "D" Avenue, and on the east side of "B" Avenue north of East 26th Street, restricting parking from 7:00 a.m. and 9:00 a.m., with the exception of City holidays. PASSED and ADOPTED this 21 st day of January, 2014. 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 IEETING DATE: January 21, 2014 AGENDA ITEM NO. 10 ITEM TITLE: Resolution of the City Council of the City of National City approving a request for a Cooperative Work Agreement (CWA) to extend the budget authority for the National City Safe Routes to School Roundabout Project at "D" Avenue and E. 12th Street, State Project No. SR2SL-5066(018), from the June 30, 2014 expiration date to June 30, 2015 to allow for reimbursement of eligible project expenditures and authorizing the Mayor to sign the CWA request form PREPARED BY: Stephen Manganiello. PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering & Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Cooperative Work Agreement Request Form 3. Resolution EXPLANATION In January 2010, National City was awarded a $500,000 Safe Routes to School (SR2S) Grant to construct a roundabout at the intersection of "D" Avenue and E. 12th Street to calm traffic and enhance safety for pedestrians, including children walking to school. On April 6, 2010, via City Council Resolution 2010-55, City Council authorized the City Engineer to execute and submit a Program Supplement Agreement to Caltrans to encumber the grant funding and allow for reimbursement of eligible project expenses. Per the Agreement, the project needs to be closed -out by the State by June 30, 2014. On July 17, 2012, via City Council Resolution 2012-152, staff leveraged the SR2S grant to apply for additional grant funds through SANDAG's Active Transportation Grant Program to expand the scope of the project to include pedestrian and bicycle enhancements along the entire "D" Avenue Corridor to create a "Community Corridor' consistent with the National City General Plan. In September 2012, SANDAG awarded a $600,000 Active Transportation Grant to National City for the project. The grant agreement was executed in March 2013. On August 20, 2013, via City Council Resolution 2013-121, City Council awarded a contract to PAL General Engineering for construction of the project. Since construction may not be completed by the State's project close-out deadline of June 30, 2014, Caltrans Department of Local Assistance has recommended to City staff to submit a Cooperative Work Agreement (CWA) to extend the project close-out date by one year to June 30, 2015. The CWA request form must be approved by City Council and executed by the Mayor in order to be considered by Caltrans. 11 National City Construct roundabout W/ Islands. ramps. crosswalk, signing 8 sniping. lighting. drain 8 landscaping at intersection of D Ave and Fast 2th. St. SR2SL-5066(018) 1100000818 $ 2008-09 State Funds Lapsing on June 30, 2014 s 8 $ a s 10 11 09102 SHA $ 500,000 5500,000 13 Yes 9 Project was comdned wUl a larger corridor improvement project along'D' Avenue t0 provide additional safety enhancements for pedestrians, bicyiists and children walking to school. Gonanuction contract was recently awarded. Contract award documents will be submitted t0 Caltrans in January 2014. 1e one. Funding Liquidation Date provides buffer for unforseen conditions doting construction. 16 City does not have additional funds to complete project if CWA 5 not approved. Since project is currently in construction, leaving an incomplete roundabout would present safety concerns to drivers, pedestrians and bicyclists. 17 0/302015 19 Stephen Manganietlo 619-338<380 smanganieilo@na tionalcilyca g0v Signature of Approving Agency's Board or Council: Print Name: Ron Morrison, Mayor Date: January 21, 2014 RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A REQUEST TO CALTRANS FOR A COOPERATIVE AGREEMENT TO EXTEND THE BUDGET AUTHORITY FOR THE NATIONAL CITY SAFE ROUTES TO SCHOOL ROUNDABOUT PROJECT AT "D" AVENUE AND EAST 12T" STREET, STATE PROJECT NO. SR2SL-5066(018), FROM THE JUNE 30, 2014 EXPIRATION DATE TO JUNE 30, 2015 TO ALLOW FOR REIMBURSEMENT OF ELIGIBLE PROJECT EXPENDITURES WHEREAS, in January 2010, National City was awarded a $500,000 Safe Routes to School ("SR2S") Grant for the National City Safe Routes to School Roundabout Project at the intersection of "D" Avenue and East 12th Street (the "Project") to calm traffic and enhance safety for pedestrians, including children walking to school; and WHEREAS, on April 6, 2010, the City Council adopted Resolution 2010-55, authorizing the City Engineer to submit a Program Supplement Agreement to Caltrans to encumber the grant funding and allow for reimbursement of eligible project expenses; and WHEREAS, the Agreement requires that the Project be closed -out by the State by June 30, 2014; and WHEREAS, on July 17, 2012, through City Council Resolution 2012-152, staff leveraged the SR2S grant to apply for additional grant funds through SANDAG's Active Transportation Grant Program to expand the scope of the Project to include pedestrian and bicycle enhancements along the entire "D" Avenue Corridor to create a "Community Corridor" consistent with the National City General Plan; and WHEREAS, in September 2012, SANDAG awarded a $600,000 Active Transportation Grant to National City for the expansion of the Project; and WHEREAS, since construction may not be completed by the State's project close-out deadline of June 30, 2014 due to the expansion of the scope of work, Caltrans Department of Local Assistance has recommended City staff submit a Cooperative Work Agreement ("CWA") to extend the Project close-out date by one year to June 30, 2015, which is required to be approved by City Council and executed by the Mayor in order to be considered by Caltrans. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National hereby authorizes the Mayor to execute a request to Caltrans for a Cooperative Agreement to extend the budget authority from the June 30, 2014 expiration date to June 30, 2015 for the National City Safe Routes to School Roundabout Project at "D" Avenue and East 12th Street, State Project No. SR2SL-5066(018), to allow for reimbursement of eligible project expenditures. [Signature Page to Follow] Resolution No. 2014 — Page Two PASSED and ADOPTED this 21st day of January, 2014. 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 'METING DATE: January 21, 2014 AGENDA ITEM NO. 111 ITEM TITLE: Warrant Register #23 for the period of 11/27/13 through 12/03/13 in the amount of $1,391,637.78. (Finance) PREPARED BY: K. Apalateguq PHONE: 1619-336-4331 DEPARTMENT: Fina c APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 11/27/13 through 12/03/13. In accordance with Finance Department policy, below is an explanation of all warrants above $50,000.00. Vendor Check Amount Explanation Project Professional Corp 310038 90,092.90 8th Street Safety Enhancements Health Net Inc 310078 63,523.68 Insurance R1192A / Dec 2013 Kaiser Health Plan 310084 161,995.31 Insurance 104220-0002 / Dec 2013 Public Emp Ret System 310113 298,539.05 Service Period 11/12/13-11/25/13 FINANCIAL STATEMENT: APPROVED: ` fajeC aterigFnance ACCOUNT NO. I APPROVED: MIS Reimbursement total $1,391,637.78. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,391,637.78. BOARD / COMMISSION RECOMMENDATION: N/A, ATTACHMENTS: Warrant Register #23 1/3 WARRANT REGISTER # 23 12/3/2013 PAYEE DESCRIPTION CHK NO DATE AMOUNT PROJECT PROFESSIONALS CORP 8TH STREET SAFETY ENHANCEMENTS 310038 11/27/13 90,092.90 COUNTY OF SAN DIEGO HAZMAT QUESTIONAIRRE MORGAN TOWERS 310039 12/3/13 418.00 GODINEZ, E EMPLOYEE DIRECT DEPOSIT RETURNED 310040 12/3/13 105.60 PANGCO, S PROGRESSIVE SOLUTIONS CONF/PANGCO 310041 12/3/13 332.77 ACEDO, I RETIREE HEALTH BENEFITS / DEC 2013 310042 12/3/13 160.00 AFLAC AFLAC ACCT BDM36 / DEC 2013 310043 12/3/13 911.68 ALLEN, R RETIREE HEALTH BENEFITS / DEC 2013 310044 12/3/13 125.00 ANDERSON, E RETIREE HEALTH BENEFITS / DEC 2013 310045 12/3/13 110.00 ASSI SECURITY INC SECURITY REPAIRS 310046 12/3/13 135.00 BEARD, P RETIREE HEALTH BENEFITS / DEC 2013 310047 12/3/13 70.00 BECK, L RETIREE HEALTH BENEFITS / DEC 2013 310048 12/3/13 140.00 BISHOP, R RETIREE HEALTH BENEFITS / DEC 2013 310049 12/3/13 110.00 BOEGLER, C RETIREE HEALTH BENEFITS / DEC 2013 310050 12/3/13 260.00 BOOT WORLD MOP 64096 WEARING APPAREL 310051 12/3/13 125.00 BOYD, P RETIREE HEALTH BENEFITS / DEC 2013 310052 12/3/13 145.00 C A P F FIRE LTD / DECEMBER 2013 310053 12/3/13 624.00 CALIFORNIA COMMERCIAL SECURITY MOP 45754 R&M BUILDINGS 310054 12/3/13 160.98 CALIFORNIA LAW ENFORCEMENT PD LTD / DECEMBER 2013 310055 12/3/13 1,960.10 CHRISTENSEN & SPATH LLP LEGAL / SECTION 8 WRIT 310056 12/3/13 6,386.65 CONDON, D RETIREE HEALTH BENEFITS / DEC 2013 310057 12/3/13 280.00 COOPER'S PLUMBING & HEATING PLUMBING SERVICES, REPAIRS 310058 12/3/13 686.00 CORPUZ, T RETIREE HEALTH BENEFITS / DEC2013 310059 12/3/13 140.00 DANESHFAR, Z RETIREE HEALTH BENEFITS / DEC 2013 310060 12/3/13 250.00 DECKSIDE POOL SERVICE HYDROCHLORIC ACID, DRY CHLORINE 310061 12/3/13 414.00 DESROCHERS, P RETIREE HEALTH BENEFITS / DEC 2013 310062 12/3/13 110.00 DI CERCHIO, A RETIREE HEALTH BENEFITS / DEC 2013 310063 12/3/13 70.00 DREDGE, J RETIREE HEALTH BENEFITS / DEC 2013 310064 12/3/13 250.00 DURON, C EDUCATIONAL REIMBURSEMENT / FIRE 310065 12/3/13 225.00 EISER III, J RETIREE HEALTH BENEFITS / DEC 2013 310066 12/3/13 250.00 FABINSKI, D RETIREE HEALTH BENEFITS / DEC 2013 310067 12/3/13 220.00 GELSKEY, K RETIREE HEALTH BENEFITS / DEC 2013 310068 12/3/13 115.00 GIBBS JR, R RETIREE HEALTH BENEFITS / DEC 2013 310069 12/3/13 120.00 GOODYEAR TIRE & RUBBER COMPANY MOP 72654 TIRES 310070 12/3/13 932.72 GORMSEN APPLIANCE CO APPLIANCE PURCHASES, REPAIRS 310071 12/3/13 309.80 GUNDERT, M RETIREE HEALTH BENEFITS / DEC 2013 310072 12/3/13 350.00 HANSON, E RETIREE HEALTH BENEFITS / DEC 2013 310073 12/3/13 135.00 HAUG, S RETIREE HEALTH BENEFITS / DEC 2013 310074 12/3/13 120.00 HEALTH NET HEALTH FULL NETWORK 57135A/DEC 2013 310075 12/3/13 3,585.32 HEALTH NET HEALTH NET INS / DEC 2013 310076 12/3/13 1,528.85 HEALTH NET HEALTHNET INS N5992A / DEC 2013 310077 12/3/13 525.07 HEALTH NET INC HEALTH NET INS R1192A / DEC 2013 310078 12/3/13 63,523.68 HODGES, B RETIREE HEALTH BENEFITS / DEC 2013 310079 12/3/13 200.00 HONDO, E RETIREE HEALTH BENEFITS / DEC 2013 310080 12/3/13 110.00 HYDRO SCAPE PRODUCTS INC MOP 45720 ELECTRICAL MATERIAL 310081 12/3/13 261.06 JAMES, R RETIREE HEALTH BENEFITS / DEC 2013 310082 12/3/13 140.00 JUNIEL, R RETIREE HEALTH BENEFITS / DEC 2013 310083 12/3/13 50.00 KAISER FOUNDATION HEALTH PLANS INS ACTIVE GP NO. 104220-0002 / DEC 2013 310084 12/3/13 161,995.31 KAISER FOUNDATION HEALTH PLANS RETIREE INS GP 104220-0005 / DEC 2013 310085 12/3/13 2,476.01 KIMBLE, R RETIREE HEALTH BENEFITS / DEC 2013 310086 12/3/13 300.00 LANDA, A RETIREE HEALTH BENEFITS / DEC 2013 310087 12/3/13 155.00 PAYEE LIMFUECO, M MALDONADO,J MATIENZO, M MC CABE, T MEDINA, R METRO AUTO PARTS DISTRIBUTOR MORRISON, R MURRAY, J MYERS, B NAPA AUTO PARTS NATIONAL CITY CAR WASH NATIONAL CITY HISTORICAL NATIONAL CITY HISTORICAL NATIONAL CITY HISTORICAL NATIONAL CITY HISTORICAL NATIONAL CITY HISTORICAL NOSAL, W NOTEWARE, D OCHOA, I PAUU JR, P PEASE JR, D PERRY FORD POST, R POTTER, C PRO BUILD PUBLIC EMP RETIREMENT SYSTEM RAY, S RELIANCE STANDARD ROARK, L ROE, V RPM WELDING INC RUIZ, J SDG&E SERVATIUS, J SHORT, C STRASEN, W SWEETWATER AUTHORITY THE LIGHTHOUSE INC THE LINCOLN NATIONAL LIFE INS TRIVIZ, R UNITED ROTARY BRUSH URIAS, N W W GRAINGER WAXIE SANITARY SUPPLY WESTFLEX INDUSTRIAL ZIETLOW, D WARRANT REGISTER # 23 12/3/2013 DESCRIPTION RETIREE HEALTH BENEFITS / DEC 2013 RETIREE HEALTH BENEFITS / DEC 2013 RETIREE HEALTH BENEFITS / DEC 2013 RETIREE HEALTH BENEFITS / DEC 2013 RETIREE HEALTH BENEFITS / DEC 2013 MOP 75943 AUTO PARTS REIB/COSTUME STATE OF THE CITY 2013 RETIREE HEALTH BENEFITS / DEC 2013 RETIREE HEALTH BENEFITS / DEC 2013 MOP 45735 SMALL TOOLS MOP 72454 R&M AUTO EQUIPMENT NC HISTORICAL SOCIETY HOLIDAY PARTY NC HISTORICAL SOCIETY HOLIDAY PARTY NC HISTORICAL SOCIETY HOLIDAY PARTY NC HISTORICAL SOCIETY HOLIDAY PARTY NC HISTORICAL SOCIETY HOLIDAY PARTY RETIREMENT SETTLEMENT / DEC 2013 RETIREE HEALTH BENEFITS / DEC 2013 RETIREE HEALTH BENEFITS / DEC 2013 RETIREE HEALTH BENEFITS / DEC 2013 RETIREE HEALTH BENEFITS / DEC 2013 MOP 45703 R&M AUTO EQUIPMENT RETIREE HEALTH BENEFITS / DEC 2013 RETIREE HEALTH BENEFITS / DEC 2013 MOP 45707 BUILDING MATERIAL SERVICE PERIOD 11/12/13 - 11/25/13 RETIREE HEALTH BENEFITS / DEC 2013 VOLUNTARY LIFE INSURANCE / DEC 2013 RETIREE HEALTH BENEFITS / DEC 2013 RETIREE HEALTH BENEFITS / DEC 2013 MOP 45749 R&M BUILDINGS RETIREE HEALTH BENEFITS / DEC 2013 GAS & ELECTRIC SERVICE / NUTRITION RETIREE HEALTH BENEFITS / DEC 2013 RETIREE HEALTH BENEFITS / DEC 2013 RETIREE HEALTH BENEFITS / DEC 2013 FACILITIES WATER MOP 45726 AUTO PARTS LIFE & AD&D, STD, LTD INS / DEC 2013 RETIREE HEALTH BENEFITS / DEC 2013 MOP 62683 AUTO PARTS RETIREE HEALTH BENEFITS / DEC 2013 MOP 65179 MATERIALS & SUPPLIES JANITORIAL SUPPLIES / PW MOP 63850 R&M AUTO EQUIPMENT RETIREE HEALTH BENEFITS / DEC 2013 213 CHK NO DATE AMOUNT 310088 12/3/13 160.00 310089 12/3/13 130.00 310090 12/3/13 100.00 310091 12/3/13 280.00 310092 12/3/13 105.00 310093 12/3/13 783.12 310094 12/3/13 74.52 310095 12/3/13 150.00 310096 12/3/13 140.00 310097 12/3/13 964.02 310098 12/3/13 450.00 310099 12/3/13 60.00 310100 12/3/13 30.00 310101 12/3/13 30.00 310102 12/3/13 30.00 310103 12/3/13 30.00 310104 12/3/13 1,176.44 310105 12/3/13 310106 12/3/13 310107 12/3/13 avu.vu 310108 12/3/13 140.00 310109 12/3/13 682.34 310110 12/3/13 280.00 310111 12/3/13 150.00 310112 12/3/13 1,833.43 310113 12/3/13 298,539.05 310114 12/3/13 190.0D 310115 12/3/13 2,737.07 310116 12/3/13 135.00 310117 12/3/13 120.00 310118 12/3/13 1,476.00 310119 12/3/13 310.00 310120 12/3/13 2,869.06 310121 12/3/13 340.00 310122 12/3/13 300.00 310123 12/3/13 135.00 310124 12/3/13 5,442.99 310125 12/3/13 211.99 310126 12/3/13 8,521.95 310127 12/3/13 135.00 310128 12/3/13 219.13 310129 12/3/13 125.00 310130 12/3/13 310131 12/3/13 2; 310132 12/3/13 42.59 310133 12/3/13 150.00 WIRED PAYMENTS UNION BANK OF CALIFORNIA AUG 2013 THRU JUL 2014 ADMIN FEES A/P Total 675,330.94 156268 11 /27/ 13 1,340.00 PAYEE SECTION 8 HAPS PAYMENTS 3/3 WARRANT REGISTER # 23 12/3/2013 DESCRIPTION CHK NO DATE AMOUNT Start Date End Date 11/27/2013 12/3/2013 714,966.84 GRAND TOTAL $ 1,391,637.78 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT ',METING DATE: January 21, 2014 AGENDA ITEM NO. 0 ITEM TITLE: Warrant Register #24 for the period of 12/04/13 through 12/10/13 in the amount of $1,314,469.56. (Finance) PREPARED BY: K. Apalateg0 DEPARTMENT: Finance PHONE: 819-336-43311 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 12/04/13 through 12/10/13. In accordance with Finance Department policy, below is an explanation of all warrants above $50,000.00. Vendor Check Amount Explanation FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $1,314,469.56. APPROVED: Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,314,469.56. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #24 PAYEE CITY NATIONAL BANK ZIONS BANK DANIELS TIRE SERVICE BEST BEST & KRIEGER ATTNY LAW CHRISTENSEN & SPATH LLP AMAZON BAKER & TAYLOR BRODART CO MIDWEST TAPE SIRSIDYNIX 774271 SPRINT XEROX CORPORATION ADVANTIDGE AEP CALIFORNIA LLC AFFORDABLE BUTTONS COM ALL FRESH PRODUCTS ARCO GASPRO PLUS BAVENCOFF JR, D BLACKIE'S TROPHIES AND AWARDS CA STATE UNIV LONG BEACH CALIFORNIA AIR COMPRESSOR CO CHILDREN'S HOSPITAL CLAIMS MANAGEMENT ASSOCIATES CLEAN HARBORS CONTROLLED ENTRY SPECIALIST IN COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO CPP PRINTING CRYWOLF INC CYBRARYN SOLUTIONS DALEY & HEFT LLP DALEY & HEFT LLP DEPARTMENT OF JUSTICE DONNOE & ASSOCIATES INC DUNBAR ARMORED INC ENVIRONMENTAL H S LABORATORIES ERGOMETRICS FERGUSON ENTERPRISES INC FON-JON KENNELS GACITUA SILVA, C GAFFNEY, M GORMSEN APPLIANCE CO GRAINGER INC HARRIS & ASSOCIATES INC HDL COREN & CONE HERNANDEZ, A HERNANDEZ, A HINDERLITER DE LLAMAS & ASSOC HOME DEPOT CREDIT SVCS ICMA MEMBERSHIP RENEWALS JUDD ELECTRIC KANE BALLMER & BERKMAN 1/3 WARRANT REGISTER #24 12/10/2013 DESCRIPTION CHK NO DATE AMOUNT LEASE PAYMENT #10-005 ENERGY RETROFIT 310134 12/10/13 43,101.10 35 LEASE PAYMENT / 800 MHZ EQUIP 310135 12/10/13 48,678.25 TIRES 310136 12/10/13 610.85 LEGAL / COMM YOUTH ATHLETIC CENTER 310137 12/10/13 714.65 LEGAL / MORGAN SQUARE 310138 12/10/13 23,786.23 BOOKS - LIBRARY 310139 12/10/13 1,777.86 BOOKS - LIBRARY 310140 12/10/13 567.95 BOOKS - LIBRARY 310141 12/10/13 1,398.52 DVD'S - LIBRARY 310142 12/10/13 297.88 WEB REPORTER TRAINING 310143 12/10/13 510.00 VIDEO CONFERENCING, LONG DISTANCE 310144 12/10/13 11.46 XEROX BASE CHARGES AND OVERAGES 310145 12/10/13 273.66 SERIAS 3 DUAL SIDED CARD PRINTER / PD 310146 12/10/13 2,995.76 STENCIL GRAPHICS PAINT APPLICATION / PD 310147 12/10/13 381.50 I LOVE NATIONAL CITY PINS 310148 12/10/13 452.47 FOOD / NUTRITION CENTER 310149 12/10/13 644.35 FUEL 310150 12/10/13 34,007.81 SUBSISTENCE: INTERNAL AFFAIRS INVESTIGATION 310151 12/10/13 384.00 MOP 67727. METAL TAGS / POLICE 310152 12/10/13 12.96 TUITION: INTERNAL AFFAIRS INVESTIGATION 310153 12/10/13 307.00 SUPPLIES / NSD 310154 12/10/13 319.01 CHILD ABUSE EXAMS / POLICE 310155 12/10/13 1,323.00 LIABILITY CLAIM SVCS / DEC 2013 310156 12/10/13 4,965.00 HAZARDOUS WSTE PICKUP 310157 12/10/13 507.00 LINEAR DXT-23 REMOTE 310158 12/10/13 124.26 SHARE OF PC REVENUE - OCT 2013 310159 12/10/13 17,989.50 GEN NON-HAZ MED PERMIT -POOL 310160 12/10/13 588.00 BUSINESS CARDS - MAYOR 310161 12/10/13 98.36 APPLE IPAD 64GB W/ RETINA DISPLAY 310162 12/10/13 1,001.69 CYBRARIAN SUPPORT 8/1/13-07/31/14 310163 12/10/13 1,139.95 LIABILITY CLAIM COSTS 310164 12/10/13 10,812.95 LIABILITY CLAIM COSTS 310165 12/10/13 1,205.12 INVESTIGATIVE SERVICES 310166 12/10/13 799.00 PROMOTIONAL ACTIVITIES 310167 12/10/13 964.50 ARMORED SERVICES 310168 12/10/13 166.86 LEAD SAMPLES 310169 12/10/13 54.00 PROMOTIONAL ACTIVITIES 310170 12/10/13 14,986.03 MOP 45723 R&M BUILDINGS 310171 12/10/13 144.26 KENNEL FEES / POLICE K9'S 310172 12/10/13 125.00 CALPELRA CONFERENCE 310173 12/10/13 660.16 REIMB - MEALS, CLETS/CCUG SEMINAR 310174 12/10/13 147.63 APPLIANCE PURCHASES, REPAIRS 310175 12/10/13 90.00 MOP 65179. SUPPLIES / FIRE DEPARTMENT 310176 12/10/13 359.44 NC8 & ALPHA PROJECTS 310177 12/10/13 1,615.00 CONTRACT SVC PROPERTY TAX 310178 12/10/13 2,400.00 SUBSISTENCE - HOW TO RECRUIT TRAINING 310179 12/10/13 256.00 REIMB - MEALS, COPSWEST TRAINING 310180 12/10/13 150.00 CONTRACT SVCS - SALES TAX 4TH QTR 310181 12/10/13 8,927.47 FILTER SCENT AIR FRESHNER / PW 310182 12/10/13 54.79 MEMBERSHIP DUES 310183 12/10/13 1,380.00 ELECTRIC REPAIRS 310184 12/10/13 866.00 AB 1484 LITIGATION 310185 12/10/13 1.78275 PAYEE KANE, P KRIKORIAN & ASSOCIATES INC LIEBERT CASSIDY WHITMORE MAN K-9 INC. MARLO'S AUTO SPECIALTIES MATLOCK, J MCDOUGAL LOVE ECKIS METRO FIRE & SAFETY MINUTEMAN PRESS MUNISERVICES LLC NATIONAL CITY CHAMBER OF NATIONAL CITY TROPHY NATIONAL CREDIT REPORTING NAVARRO AUGUSTO CEZAR CALMA NBS NORTHROP GRUMMAN CORPORATION PACIFIC AUTO REPAIR PACIFIC TELEMANAGEMENT SERVICE PADRE JANITORIAL SUPPLIES PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD PRUDENTIAL OVERALL SUPPLY PUBLIC SAFETY VOLUNTEER INST RIGEL PRODUCTS AND SERVICE ROMO, I RON BAKER CHEVROLET SAFRAN MORPHOTRUST SANCHEZ,J SDG & E SDG&E SHERWOOD, B SOUTH BAY COMMUNITY SERVICES SPARKLETTS STEVENSON, S SUPERIOR READY MIX SYSCO SAN DIEGO TELLEZ, J THE JBC GROUPS LLC THOMPSON PUBLISHING GRP INC TREASURER COUNTY OF S D U S BANK U S HEALTHWORKS UNITED PARCEL SERVICE VCA EMERGENCY ANIMAL HOSPITAL VCA MAIN ST ANIMAL HOSPITAL VILLARIASA, S VLADIMIR DOSTALEK WHITE, A XEROX GOVERNMENT SYSTEMS, LLC WARRANT REGISTER #24 12/10/2013 DESCRIPTION REIMB - FALL TRAINING SYMPOSIUM LIABILITY CLAIM COSTS PROFESSIONAL SVCS FINAL EVALUATION OF K9 MARKO / PD LABOR, REPAIR & REFINISH REAR BUMPER REIMB - SECTION FALL TRAINING LIABILITY CLAIM COSTS 20LB DRY CHEMICAL RECHARGE / FIRE MOP 74691. PRINTING / FINANCE SUTA/DIST TAX - CA TOURISM MARKETING FEE - SEPT 2013 MOP 66556 VICTORY ABSTRACT RESIN CREDIT REPORTING / S8 REFUND PARKING CITATION - NC2131002009 POSSESSORY TAXES RMS MAINT 12/2/12 - 12/1/13 MOP 72448 R&M AUTO EQUIPMENT PACIFIC TELEMANAGEMENT PAYPHONE JANITORIAL SUPPLIES / NUTRITION R&M CITY VEHICLES MOP 67839 AUTO PARTS MOP 45707 PLUMBING MATERIAL MOP 45742 LAUNDRY SERVICE TUITION: HOW TO RECRUIT, MANAGE 2" TELESPAR DRIVER HEAD 1 PW REFUND PARKING CITATION - NC2121206002 MOP 45751 R&M AUTO EQUIPMENT INVESTIGATIVE SERVICES REFUND PARKING CITATION - NC3130614018 METER & SERVICE STREET GAS & ELECTRIC REIMB - CPSA TRAINING CONFERENCE CDBG EXPENSE REIMB JUL-SEP 2013 WATER / MYR TRAVEL & SUBSISTENCE TACK OIL/ PW FOOD & CONSUMABLES / NUTRITION REIMB - MEMBERSHIP / PD ANNUAL REPORT FEE FAIR LABOR STANDARDS HANDBOOK FY 13-14 (JUL 1, 2013 - JUN 30 2014) MEMBERSHIP CREDIT CARD EXP - PD MEDICAL SERVICES UPS SHIPMENT STRAY ANIMAL VET CARE / POLICE K9 VET CARE / POLICE REIMB - MEALS, CHAN CONFERENCE REFUND PARKING CITATION - NC2131010002 REFUND PARKING CITATION - NC1130617005 372505. FH ENTERPRISE - SUPPORT 2/3 CHK NO DATE AMOUNT 310186 12/10/13 368.07 310187 12/10/13 1,826.82 310188 12/10/13 1,857.85 310189 12/10/13 500.00 310190 12/10/13 325.00 310191 12/10/13 133.39 310192 12/10/13 83.25 310193 12/10/13 62.44 310194 12/10/13 106.78 310195 12/10/13 12, 898.66 310196 12/10/13 19,164.56 310197 12/10/13 88.01 310198 12/10/13 128.70 310199 12/10/13 35.00 310200 12/10/13 1,146.30 310201 12/10/13 44,108.00 310202 12/10/13 155.85 310203 12/10/13 228.00 310204 12/10/13 310205 12/10/13 2. I 310206 12/10/13 153.16 310207 12/10/13 26.37 310208 12/10/13 233.91 310209 12/10/13 345.00 310210 12/10/13 332.42 310211 12/10/13 . 70.00 310212 12/10/13 123.24 310213 12/10/13 42.00 310214 12/10/13 20.00 310215 12/10/13 1,760.00 310216 12/10/13 98.54 310217 12/10/13 146.48 310218 12/10/13 4,942.00 310219 12/10/13 18.93 310220 12/10/13 809.35 310221 12/10/13 147.42 310222 12/10/13 2,812.68 310223 12/10/13 500.00 310224 12/10/13 900.00 310225 12/10/13 536.99 310226 12/10/13 42,172.21 310227 12/10/13 186.00 310228 12/10/13 175.00 310229 12/10/13 41.63 310230 12/10/13 310231 12/10/13 310232 12/10/13 50.85 310233 12/10/13 50.00 310234 12/10/13 20.00 310235 12/10/13 3,960.00 A/P Total 384,339.45 WARRANT REGISTER #24 12/10/2013 PAYEE DESCRIPTION PAYROLL Pay period Start Date End Date Check Date 25 11/12/2013 11/25/2013 12/4/2013 3/3 CHK NO DATE AMOUNT 930,130.11 GRAND TOTAL $ 1,314,469.56 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 21, 2014 , AGENDA ITEM NO, 113 ITEM TITLE: Public Hearing — Conditional Use Permit for alcohol sales at Redbird Market located at 2035 Highland Avenue (Applicant: Laith Arabo) (Case File 2013-18 CUP) PREPARED BY: Martin &ter, AICP DEPARTMENT: Pla PHONE: 1336-4313 APPROVED BY: EXPLANATION: 'Redbird Market has a lawful non -conforming Type 20 (beer and wine) ABC license (California Department of Alcoholic Beverage Control). The applicant is requesting to sell distilled spirits for off -site consumption Monday to Friday from 8:00 a.m. to 10:00 p.m. and until 11:00 p.m. on Saturday. Distilled spirits would be stored in a secure cabinet located behind the cashier area. Council reviewed the Notice of Decision of the Planning Commission's approval at their meeting of December 3, 2013 and set the item for hearing in order to discuss Conditions of Approval. The attached background report describes the proposal in detail; FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project under CEQA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff recommended denial of the Conditional Use Permit. BOARD / COMMISSION RECOMMENDATION: !The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, Bush, Flores, Pruitt Noes: DeLaPaz, Garcia $ATTACHMENTS: 1. Background Report 2. Recommended Findings and Conditions 3. Location Map 4. Planning Commission Staff Report 5. PC Resolution No. 25-2013 6. Reduced Plans 7. Statement of Opposition 8. Council Policy 707 BACKGROUND REPORT The project site is located at the northeast corner of Highland Avenue and East 21st Street in the Major Mixed -Use Corridor (MXC-2) zone. The property is developed with a two-story, mixed use development consisting of a market (Red Bird) on the ground level and one residential unit on the upper level. The building is 3,364 square feet located on a 9,853 square -foot lot. There are seven on -site parking spaces. The business has a lawful non -conforming Type 20 (beer and wine) license issued by the California Department of Alcoholic Beverage Control (ABC). The applicant is requesting to add distilled spirits retail sales to the market for off -site consumption. The store operates Monday through Friday from 8:00 a.m. to 10:00 p.m. and until 11:00 p.m. on Saturday. No change in hours is proposed. Per the attached floor plan (Exhibit A), distilled spirits would be stored in a secure cabinet located behind the cashier area. Beer and wine is currently displayed in and next to a cooler located on the north side of the store. No change in location of beer and wine is proposed. Section 18.30.050 of the National City Land Use Code allows for off -site alcohol sales with an approved Conditional Use Permit (CUP). The addition of distilled spirits triggers the need for a CUP and would also include analysis of the previous nonconforming alcohol sales products. ABC records indicate that there are currently six businesses approved for off -sale alcohol permits in the subject census tract (116.01). Of the six businesses, two are off - sale general outlets (beer, wine, and distilled spirits) and four are off -sale beer and wine outlets: Business Name Site Address License Type* CUP Keg N Bottle 2335 Highland Ave 21 N High Bev Liquor 2111 Highland Ave 21 N National City Market 220-240 E. 18th St 20 N Highland Service Station 1803 Highland Ave 20 Y Red Bird Market 2035 Highland Ave 20 N Highland Arco 2336 Highland Ave 20 Y * Type 20 - Off -Sale Beer and Wine Type 21 - Off -Sale General (beer, wine, and distilled spirits) The two off sale general outlets located in this census tract are both located on Highland Avenue. Hi Bev Liquor is located directly across East 21st Street approximately 80 feet away from Red Bird Market. Keg N Bottle is located three blocks north on the corner East 24th Street and Highland Avenue. Census tract 116.01 includes the area of the City between East 18th and 24th Streets, and between National City Blvd. and "L" Avenue. The attached census tract map shows the location of the subject tract. ABC recommends a total of three off -sale alcohol permits be issued in this census tract, where six exist. Chapter 18.30.050 (C) requires that the applicant conduct a community meeting to inform residents of the proposal. Department policy requires that the meeting be held at a reasonable time when community members will most likely be able to attend (e.g. evenings during the work week or weekends). The applicant's community meeting was held on a Friday at 9:00 a.m., inconsistent with this requirement. The applicant states that four people attended the meeting and that no questions were posited by the attendees. Chapter 18.30.050 (D) requires a 660-foot distance from sensitive uses such as schools. The nearest school is Otis Elementary, which is located approximately 950 feet away to the northwest across Highland Avenue. The applicant also submitted a petition that was signed by 384 people in support of the application. Crime statistics provided by PD indicate that the reporting area (Beat 23) had a 2012 crime rate of 112%. This beat has the highest crime rate in the City; however, it is below the 120% considered to be a high crime area. Consistent with recent policy, PD provided a Risk Assessment report on the property. The assessment assigns points based on the type of business, license concentration, and calls for service (among others) and ranks the business according to potential risk (low, medium, or high). In this case, Red Bird Market received 14 points, which would indicate a medium risk. The Risk Assessment is attached. An assessment of the proposal was also received from the Institute for Public Strategies (IPS). Issues mentioned included proximity of the subject property to land uses that include: schools and churches, Operation Samahan Youth Center, and a nearby Alcoholics Anonymous location. Also, graffiti problems were noted on the property and "homemade" two packs of beer were observed for sale. Standard Conditions of Approval have been included with this permit, as well as conditions specific to off -sale alcohol sales per Council policy (no single sales, cup and ice prices, signage, etc.). There are also conditions requiring that coolers and/or cabinets containing alcohol products be locked after sales hours, and for video surveillance equipment to be installed. In addition to the conditions listed above, there are also two conditions related to property use and appearance. The first is related to the abatement of graffiti, which has been observed on site. The second is related to parking in the public right-of-way, which occurs on a regular basis on the wide sidewalk to the south of the market. The building is located approximately seven feet from the south property line, adjacent to a wide section of sidewalk (approximately 15 feet). There are four parking spaces marked out on the sidewalk that were not permitted by the City. As a result, vehicles are often parked adjacent to the building, which partially block the right-of-way. Furthermore, 2 parking spaces are not permitted within an exterior side yard setback, as is the case here. Condition number 25 has been added to require the removal of these parking spaces. The condition also requires that permits submitted for construction show the correct location of the property line. Planning Commission conducted a public hearing on November 4, 2013. Commissioners asked questions regarding market conditions and business operations. Two community members spoke against the project, citing overconcentration of off -sale licenses. Based on the risk factors indicated by the Police Department and the proximity of the business to sensitive uses — as specified by the Institute for Public Strategies — the Planning Department recommended denial of the Conditional Use Permit request. The Commission voted to approve the Conditional Use Permit based on required findings and subject to Conditions of Approval. At the November 18, 2013 meeting, when the resolution was adopted, two community members spoke against the project. A statement of opposition with 240 signatures (attached) was submitted opposing approval of the Conditional Use Permit. Council reviewed the Notice of Decision of the Planning Commission's approval at their meeting of December 3, 2013. The Council set the item for hearing in order to discuss Conditions of Approval. The recommended Conditions of Approval (attached) include all pertinent conditions for alcohol CUP's based on Council Policy 707. The Policy is also attached for your review. The business has an existing nonconforming ABC license that predates the City's CUP requirement for off sale alcohol sales. The census tract in which the market resides is over -concentrated with regard to alcohol licenses; therefore, the addition of distilled spirits to the existing license would exacerbate the over -concentration situation. Although there would technically be no increase in the number of ABC licenses in census tract 116.01, there is an existing liquor store across the street that already sells distilled spirits. As such, there is no public convenience or necessity served by adding distilled spirits sales at Redbird Market. 3 RECOMMENDED FINDINGS FOR DENIAL 2013-18 CUP, 2035 Highland Ave. 1. That the proposed use is not deemed essential and desirable to the public convenience and welfare, since there is an over -concentration of off -sale alcohol licenses in census tract 116.01 in which the subject property is located. 2. The proposed use is not deemed essential and desirable to the public convenience and welfare since alcohol is currently offered at six other outlets, including two that sell distilled spirits, within the same census tract. 3. That public convenience and necessity may not be served by a proposed use of the property for the retail sales of distilled spirits pursuant to law. RECOMMENDED FINDINGS FOR APPROVAL 2013-18 CUP, 2035 Highland Ave. 1. That the site for the proposed use is adequate in size and shape, since the proposed use is an accessory use to an existing grocery market in an existing commercial area, and since the sale of liquor is not expected to increase the demand for parking on the property. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since Highland Avenue is classified as an arterial street in the Circulation Element, and the addition of alcohol sales is expected to result in minimal increased traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use will be compatible with other nearby businesses; and since the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of a grocery store, an established and allowed use in the applicable mixed -use zone. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of distilled spirits pursuant to law. 4 RECOMMENDED CONDITIONS OF APPROVAL 2013-18 CUP, 2035 Highland Ave. General 1. This Conditional Use Permit authorizes the sale of beer, wine and distilled spirits at Redbird Market located at 2035 Highland Ave. Plans submitted for permits associated with this project shall conform with Exhibits A, Case File No. 2013-18 CUP, dated 9/24/2013. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Executive Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. Planning 7. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 8. No beer products shall be sold of Tess than manufacturer's pre -packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. 9. No sale of wine or distilled spirits shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 5 10. Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's pre -packaged multi -unit quantities. 11. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking Tots and outbuildings and any property or adjacent property under the control of the applicant. 12. All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 13. Ice may be sold only at or about prevailing prices in the area and in quantities of not Tess than three pounds per sale. Ice shall not be provided free of charge. 14. The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A, Case File No. 2013-18 CUP, dated 9/24/2013. In addition, no alcohol shall be displayed on end caps or featured in the main aisles of the store. The current exhibit does not show the location of wine; therefore, it will need to be modified to show a location subject to approval by the Planning Department. 15. Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Division, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 16. Containers of distilled spirits may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 17. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 18. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 19. All sellers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an 6 approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 20. The sale of alcoholic beverages shall be limited to the hours of 8:00 a.m. to 10:00 p.m. Monday through Friday, and 8:00 a.m. to 11:00 p.m. on Saturdays. 21. Coolers and/or cabinets containing alcohol products shall be locked and made inaccessible to the public outside of the hours listed in condition number 20, or as modified through permit modification. 22. No coin operated amusement devices shall be operated on the licensed premises. This restriction is intended to discourage loitering by those interested in or involved in purchasing alcoholic beverages and do not apply to coin operated rides intended to cater to children. 23.As part of this permit, security cameras shall be installed on the premises. 24. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not Tess than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Planning Department. Graffiti shall be removed within 72 hours of its observance as required by Chapter 10.54 — Graffiti Control — of the National City Municipal Code. 25. No parking is permitted between the building and East 21st Street. The parking spaces marked on the concrete on the south side of the building shall be removed. "No Parking" signs shall be posted on the south side of the building. The City Manager or designee may require additional measures to discourage parking in this area should the aforementioned remedy not be effective (e.g., landscaping, bollards, etc.). Police 26. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. 7 RM-3 2005 i 2004 a) ca 2030 G) tD E 21 st St 2115 2100 2140 E 22nd St 1931 op E 20th•St MXC-2 03 2111 °D 2115 2127 2151 2207 RM-2 03 w 1) 2004 2018 CO N CA) 040 J 2104 2120 2126 2130 RS-3 co a) 2007 2015 2025 2031 CO 2107 J Project Locations — — — Zone Boundary Feet 0 75 150 300 APN: 561-271-04 Planning Commission Location Map 2013-18 CUP 10.22.13 8 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel No.: Staff report by: Applicant/Owner: Zoning designation: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 3 November 4, 2013 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR ALCOHOL SALES AT REDBIRD MARKET LOCATED AT 2035 HIGHLAND AVENUE. 2013-18 CUP Northeast corner of Highland Avenue and East 21st Street 561-271-04 Michael Fellows — Planning Technician Laith Arabo MXC-2 Major Mixed -Use Corridor (MXC-2) Single -Family Residential / MXC-2 Single -Family Residential / RS-3 Commercial across E. 21st Street / MXC-2 Commercial across Highland Ave. / MXC-2 Not a project per CEQA 9 BACKGROUND Site Characteristics The project site is located at the northeast corner of Highland Avenue and East 21st Street in the Major Mixed -Use Corridor (MXC-2) zone. The property is developed with a two-story, mixed use development consisting of a market (Red Bird) on the ground level and one residential unit on the upper level. The building is 3,364 square feet located on a 9,853 square -foot lot. There are seven on -site parking spaces. The business has a lawful non -conforming Type 20 (beer and wine) license issued by the California Department of Alcoholic Beverage Control (ABC). Proposed Use The applicant is requesting to add distilled spirits retail sales to the market for off -site consumption. The store operates Monday through Friday from 8:00 a.m. to 10:00 p.m. and until 11:00 p.m. on Saturday. No change in hours is proposed. Per the attached floor plan (Exhibit A), distilled spirits would be stored in a secure cabinet located behind the cashier area. Beer and wine is currently displayed in and next to a cooler located on the north side of the store. No change in location of beer and wine is proposed. Analysis Section 18.30.050 of the National City Land Use Code allows for off -site alcohol sales with an approved Conditional Use Permit (CUP). The addition of distilled spirits triggers the need for a CUP and would also include analysis of the previous nonconforming alcohol sales products. Alcohol Sales Concentration/Location ABC records indicate that there are currently six businesses approved for off -sale alcohol permits in the subject census tract (116.01). Of the six businesses, two are off - sale general outlets (beer, wine, and distilled spirits) and four are off -sale beer and wine outlets: Business Name Site Address License Type* CUP Keg N Bottle 2335 Highland Ave 21 N High Bev Liquor 2111 Highland Ave 21 N National City Market 220-240 E. 18th St 20 N Highland Service Station 1803 Highland Ave 20 Y Red Bird Market 2035 Highland Ave 20 N Highland Arco 2336 Highland Ave 20 Y * Type 20 - Off -Sale Beer and Wine Type 21 - Off -Sale General (beer, wine, and distilled spirits) The two off sale general outlets located in this census tract are both located on Highland Avenue. Hi Bev Liquor is located directly across East 21st Street 10 approximately 80 feet away from Red Bird Market. Keg N Bottle is located three blocks north on the corner East 24th Street and Highland Avenue. Census tract 116.01 includes the area of the City between East 18th and 24th Streets, and between National City Blvd. and "L" Avenue. The attached census tract map shows the location of the subject tract. ABC recommends a total of three off -sale alcohol permits be issued in this census tract, where six exist. Chapter 18.30.050 (C) requires that the applicant conduct a community meeting to inform residents of the proposal. Department policy requires that the meeting be held at a reasonable time when community members will most likely be able to attend (e.g. evenings during the work week or weekends). The applicant's community meeting was held on a Friday at 9:00 a.m., inconsistent with this requirement. The applicant states that four people attended the meeting and that no questions were posited by the attendees. Chapter 18.30.050 (D) requires a 660-foot distance from sensitive uses such as schools. The nearest school is Otis Elementary, which is located approximately 950 feet away to the northwest across Highland Avenue. The applicant also submitted a petition that was signed by 384 people in support of the application. Police Department comments Crime statistics provided by PD indicate that the reporting area (Beat 23) had a 2012 crime rate of 112%. This beat has the highest crime rate in the City; however, it is below the 120% considered to be a high crime area. Consistent with recent policy, PD provided a Risk Assessment report on the property. The assessment assigns points based on the type of business, license concentration, and calls for service (among others) and ranks the business according to potential risk (low, medium, or high). In this case, Red Bird Market received 14 points, which would indicate a medium risk. The Risk Assessment is attached. Institute for Public Strategies comments An assessment of the proposal was also received from the Institute for Public Strategies (IPS). Issues mentioned included proximity of the subject property to land uses that include: schools and churches, Operation Samahan Youth Center, and a nearby Alcoholics Anonymous location. Also, graffiti problems were noted on the property and "homemade" two packs of beer were observed for sale. Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as conditions specific to off -sale alcohol sales per Council policy (no single sales, cup and ice prices, signage, etc.). There are also conditions requiring that coolers and/or cabinets containing alcohol products be locked after sales hours, and for video surveillance equipment to be installed. 11 In addition to the conditions listed above, there are also two conditions related to property use and appearance. The first is related to the abatement of graffiti, which has been observed on site. The second is related to parking in the public right-of-way, which occurs on a regular basis on the wide sidewalk to the south of the market. The building is located approximately seven feet from the south property line, adjacent to a wide section of sidewalk (approximately 15 feet). There are four parking spaces marked out on the sidewalk that were not permitted by the City. As a result, vehicles are often parked adjacent to the building, which partially block the right-of-way. Furthermore, parking spaces are not permitted within an exterior side yard setback, as is the case here. Condition number 25 has been added to require the removal of these parking spaces. The condition also requires that permits submitted for construction show the correct location of the property line. Summary The business has an existing nonconforming ABC license that predates the City's CUP requirement for off sale alcohol sales. The census tract in which the market resides is over -concentrated with regard to alcohol licenses; therefore, the addition of distilled spirits to the existing license would exacerbate the over -concentration situation. Although there would technically be no increase in the number of ABC licenses in census tract 116.01, there is an existing liquor store across the street that already sells distilled spirits. As such, there is no public convenience or necessity served by adding distilled spirits sales at Redbird Market. Based on the risk factors indicated by the Police Department and the proximity of the business to sensitive uses — as specified by the Institute for Public Strategies — the Planning Department is recommending denial of the Conditional Use Permit request. 12 RECOMMENDATION 1. Deny 2013-18 CUP based on attached findings/findings to be determined by the Planning Commission; or 2. Continue the public hearing to a specific date; or 3. Approve 2013-18 CUP subject to the conditions listed below, based on attached findings. ATTACHMENTS 1. Recommended Findings for Denial/Approval 2. Recommended Conditions 3. Location Map 4. Census Tract Map and Police Beat Map 5. Community Meeting Info 6. Police Department Comments 7. Institute for Public Strategies comments 8. Public Hearing Notice (Sent to 390 property owners and occupants) 9. Site photos 10. Applicant's Plans (Exhibit A, case file no. 2013-18 CUP, dated 9/24/2013) Y 1 MICHAEL FELLOWS BRAD RAULSTON Planning Technician Executive Director 13 RECOMMENDED FINDINGS FOR DENIAL 2013-18 CUP, 2035 Highland Ave. 1. That the proposed use is not deemed essential and desirable to the public convenience and welfare, since there is an over -concentration of off -sale alcohol licenses in census tract 116.01 in which the subject property is located. 2. The proposed use is not deemed essential and desirable to the public convenience and welfare since alcohol is currently offered at six other outlets, including two that sell distilled spirits, within the same census tract. 3. That public convenience and necessity may not be served by a proposed use of the property for the retail sales of distilled spirits pursuant to law. RECOMMENDED FINDINGS FOR APPROVAL 2013-18 CUP, 2035 Highland Ave. 1. That the site for the proposed use is adequate in size and shape, since the proposed use is an accessory use to an existing grocery market in an existing commercial area, and since the sale of liquor is not expected to increase the demand for parking on the property. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since Highland Avenue is classified as an arterial street in the Circulation Element, and the addition of alcohol sales is expected to result in minimal increased traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use will be compatible with other nearby businesses; and since the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of a grocery store, an established and allowed use in the applicable mixed -use zone. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of distilled spirits pursuant to law. 14 RECOMMENDED CONDITIONS OF APPROVAL 2013-18 CUP, 2035 Highland Ave. General 1. This Conditional Use Permit authorizes the sale of beer, wine and distilled spirits at Redbird Market located at 2035 Highland Ave. Plans submitted for permits associated with this project shall conform with Exhibits A, Case File No. 2013-18 CUP, dated 9/24/2013. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to retum the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Executive Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. Planning 7. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 8. No beer products shall be sold of Tess than manufacturer's pre -packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. 9. No sale of wine shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 15 10. Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's pre -packaged multi -unit quantities. 11. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 12.AII cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 13. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 14.The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A, Case File No. 2013-18 CUP, dated 9/24/2013. In addition, no alcohol shall be displayed on end caps or featured in the main aisles of the store. The current exhibit does not show the location of wine; therefore, it will need to be modified to show a location subject to approval by the Planning Department. 15. Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Division, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 16. Containers of alcohol may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 17. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 18. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no Tess frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 19.All sellers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an 16 approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 20. The sale of alcoholic beverages shall be limited to the hours of 8:00 a.m. to 10:00 p.m. Monday through Friday, and 8:00 a.m. to 11:00 p.m. on Saturdays. 21. Coolers and/or cabinets containing alcohol products shall be locked and made inaccessible to the public outside of the hours listed in condition number 20. or as modified through permit modification. 22. No coin operated amusement devices shall be operated on the licensed premises. This restriction is intended to discourage loitering by those interested in or involved in purchasing alcoholic beverages and do not apply to coin operated rides intended to cater to children. 23.As part of this permit, security cameras shall be installed on the premises. 24. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Planning Department. Graffiti shall be removed within 72 hours of its observance as required by Chapter 10.54 — Graffiti Control — of the National City Municipal Code. 25. No parking is permitted between the building and East 21st Street. The parking spaces marked on the concrete on the south side of the building shall be removed. "No Parking" signs shall be posted on the south side of the building. The City Manager or designee may require additional measures to discourage parking in this area should the aforementioned remedy not be effective (e.g., landscaping, bollards, etc.). Police 26. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. 17 125•02 -, Cb�pym9Me an& CIn mapelnra All riehte re€e`ned. T 1N8-2O 8 Mlttdgdt Corygrato ifi t�K�liiri llnp mreg9n-date 0'9Oo Nk1�'!aQ. IlAte aileq NA'tEI le Atlas and-Te1eWes NoMi ea'aro tcadeanar}C a?ele'A9 Source: Microsoft Mappoint NCPD CAU, 4/18/07 hIsreeretl Wo nsdf1998t211U5-Installah� tL.,: orperetlen'.7Ilibhisref ene nd Nkyieigeh 6O L*arelre arl NA _ 995Tele A9as Norlh`�lifisdca,inc. asmi. Inl ftf City of National City Beat 23 19 ABCO CONSULTING 2010 MT LANGLEY ST CHULA VISTA, CA 619-942-1551 619-934-6590 Re: Redbird Market Dr Ed Brand Sweetwater District 1130 5th avenue Chula Vista,Ca Dear Dr Brand January 5,2013 L The Arabo family operators of Redbird Market 2035 Highland Ave, National City, based upon the request of their customers, and a desire to stay competitive, with the influx of "Super Size Mercado's", Locating and focusing in on the National City market. The middle size stores who have served National City for years, are in jeopardy, to that end, we will be seeking an upgrade to the existing conditional use permit for a type 21 license. In order to maximize community participation, the planning department has asked that we schedule community education meeting, to that end, the meeting is scheduled January 25,2013 at 9:00 am at the National City, Larry Bennett, American Legion Hall, Post 255,Meeting Room 35 E 18TH Street, National City, CA 91950. I am attaching minutes to a previous meeting that was held on this application, last year, but was withdrawn. 20 AGENDA RED BIRD C.U.P. UPGRADE EDUCATIONAL. MEETING January 25, 2013 American Legion Hall 9:00 a.m. 1. Introduction and Purpose - ABCO Consulting 2. Questions and Answers - ABCO Consulting 3. Adjournment MINUTES The meeting was called to order at 9:00 a.m. The purpose of the project was explained. There being no questions relative to the proposed project, the meeting adjourned at 9:45' a.m. Signed: Augie Bareno, Representative ABCO Consulting 21 REDBIRD MKT CONDITIONAL USE PERMIT EDUCATION MEETING JANUARY 25,2013-LARRY E.BENNETT AMERICAN LEGION POST 255 35 EAST 18TH STREET, NATIONAL CITY, CA 91950-9:00 TO 10:00 am IN ATTENDANCE AUGIE BARENO, ABCO CONSULTING ON BEHALF OF APPLICANT REDBIRD MKT/LAITH ARABO. MONICA BONILLA, LEGION VOLUNTEER AUGIE BARENO OPENED THE MEETING AT 9:05 am, MONICA BONILLA A LEGION VOLUNTEER, WHO HAPPENS TO BE A CUSTOMER OF REDBIRD, UPON HEARING COMMENTS REGARDING THE STORE DECIDED TO SIT IN. AUGIE BARENO PROVIDED A GENERAL BACKGROUND OF THE STORE AND EXPLAINED THAT THIS EFFORT TO UPGRADE THE LIQUOR LICENCE COMES FROM THE REQUEST OF CUSTOMERS AND THE IMPACT THAT MIDDLE TO SMALL STORES THAT CATER TO THE HISPANIC CONSUMER IN MEATS AND OTHER GOODS ARE FEELING AS THE RESULT OF LARGE CHAINS LIKE EL SUPER CONCENTRATING ON THE NATIONAL CITY MARKET.THIS IS AN EFFORT TO BE ABLE TO STAY COMPETITIVE. ALSO REDBIRD HAS BEEN DEEPLY COMMITTED TO COMMUNITY CAUSES SUCH AS SUHI FOOTBAL, GIRLS SOFTBALL, MAAD AND MANY OTHER ACTIVITIES. SEEIN NO FURTHER QUESTIONS OR OINTS OF DISCUSSION, THE MEETING WAS ADJOURNED AT 9:33 am. ENO 22 REDBIRD MKT CONDITIONAL USE PERMIT EDUCATION MEETING JANUARY 25,2013-LARRY E.BENNETT AMERICAN LEGION POST 255 35 EAST 18TH STREET,NATIONAL CITY ,CA 91950 SIGN IN SHEET ADDRESS . o-aa. _7 t. 9(9 J3-71" A-1(i itf' PHONE/EMAIL N 45- PO 23 NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: _July 28, 2013 BUSINESS NAME: Red Bird Market ADDRESS: 2035 Highland Avenue, National City OWNER NAME: Laith Arabo DOB: 07/05/1967 OWNER ADDRESS: 2035 Highland Avenue, National City (add additional owners on page 2) I. Type of Business ❑ Restaurant (1 pt) X Market (2 pts) ❑ Bar/Night Club (3 pts) II. Hours of Operation ❑ Daytime hours (1 pt) X Close by lOpm (2 pts) ❑ Close after lOpm (3 pts) III. Entertainment ❑ Music (1 pt) ❑ Live Music (2 pts) ❑ Dancing/Live Music (3 pts) IV. Crime Rate ❑ Low (1pt) X Medium (2 pts) ❑ High (3 pts) V. Alcohol Businesses per Census Tract D Below (1 pt) 0 Average (2 pts) X Above (3 pts) Notes: Revised: 7/11 1 of 2 24 1.. National City Police Department VI. Calls for Service at Location (for previous 6 months) ❑ Below (1 pt) X Average (2 pts) ❑ Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) ❑ Mostly commercial businesses (1 pt) X Some businesses, some residential (2 pts) ❑ Mostly residential (3 pts) VIII. Owner(s) records check X No criminal incidents (1 pt) ❑ Minor criminal incidents (2 pts) ❑ Multiple/Major criminal incidents (3 pts) ABC Risk Assessment Low Risk ( 12pts or less) Medium Risk (13— 18pts) High Risk (19 — 24pts) Total Points 14 OWNER NAME: Laith Arabo DOB: 07/05/1967 OWNER ADDRESS: _2035 Highland Avenue, National City OWNER NAME: DOB: OWNER ADDRESS: Recommendation: Census Tract 116.01 through the Dept of ABC allows for (3) three "Off -Sale" ABC licenses. Currently there are (6) six. (2) Of the (6) six are currently Type 21 license types. Completed by: Graham Young, Sergeant Badge ID: 365 2 of 2 25 South Bay community change project Environmental Scan For Alcohol License Upgrade Red Bird Market 2035 Highland Avenue, National City, CA 91950 August 2, 2013 This proposed liquor license upgrade is for the Red Bird Market, located at 2035 Highland Avenue in National City. The business is located at the Northeast corner of Highland Avenue and 21st Street in National City. The Census Tract is 0116.01. The applicant is applying for an upgrade of their type 20, Off Sale Liquor License, for sale of beer and wine, to a type 21 license, Off sale beer, wine and distilled spirits, for consumption off of the premises where sold. The business is a neighborhood market with sales of meat, produce and grocery items in addition to sales of beer and wine. During a scan of the business and property the following was noted: Sales at the business during an approximately 30 minute time frame in the afternoon consisted of only grocery items and one purchase of tobacco. There were more than 20 customers and there were no sales of alcohol observed. During a scan of the business, some graffiti was noticed on the exterior of the business. These areas were at the front of the business on parking poles, the ice machine and a pay phone. In the rear of the business Funded by the San Diego County Health and Human Services Agency 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org 26 graffiti was noted on the outside of an exterior wall of an additional building. The covering to an electrical outlet was missing from a water machine on the south wall of the business. Funded by the San Diego County Health and Human Services Agency 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone:.619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org 27 A meeting location for Alcoholics Anonymous is located at 2241 Highland Avenue and 1/10m of a mile from the applicant location. Meetings are held in Spanish, seven days a week. Youth Sensitive Areas The location is located directly near youth sensitive areas and along one of the major walkways for students attending Sweetwater High School, located at 2900 Highland Avenue. Sweetwater High School has a student population of 2,537 students. The students are in grades nine through twelve in addition to Special Education students up to age twenty-one. This equates to a very large percentage of youth demographics in the immediate area, especially when walking to and from school on both the East and West sides of Highland Avenue. Funded by the San Diego County Health and Human Services Agency 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org 28 Inside the business, some individual containers of beer were taped together with packing tape to make "homemade" two -packs. The business also sold manufacturer's pre -packaged three -packs of alcohol. The existing license is a non -conforming "grand -fathered" license. This non -conforming license would allow sales of single -serve containers of alcohol. There were no single -serve containers observed in the business. A conditional use permit is not part of the current non -conforming type 20 license. Clear Tape Used By Retailer to Make Two -Packs Manufacturer's Pre -Packaged Three -Packs Funded by the San Diego County Health and Human Services Agency 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org 29 Sweetwater High School is located Y mile from the applicant. The school has a student population of approximately 2,500 students. After school activities involve approximately 500 students, mostly for academic programs. Sweetwater High School also has a Saturday school program. Operation Samahan operates a "Youth to Youth" Center nearby at 2743 Highland Avenue. They work closely with students. Olivewood Elementary School is located nearby at 2505 F Avenue and 4/10's of a mile southwest from the applicant. They have approximately 700 students enrolled in pre-school through the sixth grade. John A. Otis Elementary School is located nearby at 621 E. 18th Street and 3/10's of a mile northwest from the applicant. They have 500 students enrolled in grades pre-school through the sixth grade. National City Middle School is located nearby at 1701 D. Avenue and 1/2 mile northwest from the applicant. They have 780 students enrolled in grades seven and eight. Churches Several churches are in close proximity to the applicant: ± ` CENTROCFJSTiAa AGRA ..... -, wyry. unce.idv. IS, +nm,,raw The Centro Cristiano Agape Church is located at 2107 "I" Avenue and 1/10`h of a mile from the applicant location. The Kingdom Hall of Jehovah's Witnesses is located at 831 E 20th St and is approximately 486 feet from the applicant location. San Diego Japanese Southern Baptist Church is located at 2605 Highland Avenue. Highland Avenue Baptist Church is located at 2605 Highland Avenue. Funded by the San Diego County Health and Human Services Agency 2615 Camino del Rio So. 4300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www. publicstrategies. org 30 Outlet Density Census Tract 0116.01 is over the allowable number of Off Sale liquor outlets and has an undue concentration that exceeds the ratio of off -sale retail licenses to population. The ABC allowable number for Off Sale outlets in the Census Tract is three liquor outlets. The actual number is six, twice the number of allowable licenses. Four of the existing licenses, including the applicant are type 20 (beer and wine) and two of the existing licenses are type 21 (beer, wine and distilled spirits). One of the type 21 licenses, Hi Bev Liquor, is located directly across the street from the applicant at 2111 Highland Avenue. The second type 21 license, Keg N Bottle, is located 2/10th's of a mile away at 2335 Highland Avenue. Census Tracts Off -Sale On -Sale Census Tract 0116.01 Establishment is within this tract Allowed: 3 Actual: 6 Number Above/Below Allowable: +3 Allowed: 6 Actual: 4 Above/Below: -2 Neighboring Census Tracts Tract 219 Allowed: 4 Actual: 6 Number Above/Below Allowable: +2 Allowed: 7 Actual: 10 Above/Below: +3 Tract 116.02 Allowed: 2 Actual: 3 Number Above/Below Allowable: +1 Allowed: 3 Actual: 1 Above/Below: -2 Tract 117 Allowed: 4 Actual: 9 Number Above/Below Allowable: +5 Allowed: 7 Actual: 12 Above/Below: +5 Tract 121.01 Allowed: 1 Actual: 1 Number Above/Below Allowable: - Allowed: 2 Actual: 3 Above/Below: -1 Funded by the San Diego County Health and Human Services Agency 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org 31 Map from ABC.CA.Gov Website Showing Alcohol Outlets in National City Crime Rate The crime rate for Beat 23 in 2012, was 112%. This Beat includes the Red Bird Market. Beat 23 has the highest crime rate in the city. In 2011, the crime rate for Beat 23 was 108% and this was the second highest crime rate in the city. The crime rate has increased by 4% over the past year (2011 to 2012). A crime rate of 120% is considered a High Crime area. Funded by the San Diego County Health and Human Services Agency 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org 32 Community Input Parents with children attending nearby schools had strong opinions against the liquor license upgrade. A parent did not support the license upgrade. The parent noted peer pressure from other students and said tax revenue should not be a reason for the license upgrade. The parent said community safety, not over saturation of alcohol outlets should be the priority. Two additional parents said it is easy for students to have adults purchase alcohol for them. The neighborhood markets and liquor stores are places where homeless hang out and students know they may buy alcohol for them. This easy access is a huge problem for families. One of the parents noted that they do not see homeless and addicts at the larger stores. The parent said this may be due to the easy in and out purchase from a small neighborhood store instead of making the purchase from a large grocery store. Community input identified concerns with the close proximity of this existing liquor outlet to nearby schools. One parent was concerned about the danger to her teenage son. The parent said alcohol is a drug and a temptation to her son, just like cigarettes and marijuana. Another parent said students are vulnerable when they pass by these locations on their way to and from school. Adults can purchase alcohol for the student and the students don't always make good decisions. An additional parent was firmly against the license upgrade stating that alcohol is a poison to our youth. The parent has seen the youth vulnerability to alcohol and is aware of classmates of her son who came to school intoxicated from alcohol. A parent said there should be less alcohol in National City to change the perception of the city. She said "People refer to National City as ghetto." "There is a problem with alcohol addiction in the community." Another parent said we are losing our children to alcohol and drugs. The easy access to alcohol is a problem, even for "clean students" as they are surrounded by alcohol. A manager at a nearby business said he did not have any problems related to the two nearby alcohol outlets (Red Bird Market and Hi Bev Liquor). He was in favor of the business upgrading its license. Two community members contacted in the area noted there is "A liquor store on almost every corner in National City" and this is a safety issue for our youth. The two community members did not believe the business needed to upgrade its license. Funded by the San Diego County Health and Human Services Agency 2615 Camino del Rio So. /1300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org 33 Considerations Census tract 0116.01 currently has six off -sale licenses. The allowable number by ABC for this census tract, based by population is three and the census tract is currently over the allowable number by three additional off - sale licenses. Two of the existing off -sale licenses are type 21 and allow for sales of beer, wine and distilled spirits. Census tract 0116.01 currently has the highest crime rate in National City with a crime rate of 112% in the year 2012. This is an increase of four percent from the 2011 crime rate. A crime rate of 120% is considered a "High Crime Area". The existing type 20 license for beer and wine sales is a "grandfathered" pre-existing license and the business does not have a Conditional Use Permit (CUP). A new license would require a CUP with conditional uses or limitations as part of the license requirements. CUP conditions could include limiting the sales of "single serve" beverages as well as prevent the business current practice of taping together two bottles or cans to make "two - packs", in addition to other conditions of the license as indicated by the police department and city government. Funded by the San Diego County Health and Human Services Agency 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org 34 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR ALCOHOL SALES AT AN EXISTING MARKET AT 2035 HIGHLAND AVENUE CASE FILE NO.: 2013-18 CUP APN: 561-271-04 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, November 4th, 2013, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request (Applicant: Laith Arabo). The applicant is requesting approval to sell distilled spirits at a market (Red Bird) previously approved to sell beer and wine. Plans are available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 5:30 p.m., November 4th, 2013, who can be contacted at 619-336-4310 or planning[ 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 Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT BRAD RAULSTON Executive Director 35 2013-18 CUP — Redbird Market — Alcohol Sales — Site Photos Front of market looking northeast Front of market looking east 36 Existing beer and wine displays i RESOLUTION NO. 25-2013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR ALCOHOL SALES AT REDBIRD MARKET LOCATED AT 2035 HIGHLAND AVENUE. CASE FILE NO. 2013-18 CUP APN: 561-271-04 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for alcohol sales at Redbird Market located at 2035 Highland Avenue at a duly advertised public hearing held on November 4, 2013, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2013-18 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 November 4, 2013, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed use is an accessory use to an existing grocery market in an existing commercial area, and since the sale of liquor is not expected to increase the demand for parking on the property. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since Highland Avenue is classified as an arterial street in the Circulation Element, and the addition of alcohol sales is expected to result in minimal increased traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use will be compatible with other nearby businesses; and since the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of a grocery store, an established and allowed use in the applicable mixed -use zone. 38 (7.1 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of distilled spirits pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the sale of beer, wine and distilled spirits at Redbird Market located at 2035 Highland Ave. Plans submitted for permits associated with this project shall conform with Exhibits A, Case File No. 2013-18 CUP, dated 9/24/2013. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Executive Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. Planning 7. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 8. No beer products shall be sold of less than manufacturer's pre -packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. 9. No sale of wine shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 10. Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's pre -packaged multi -unit quantities. 39 11. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 12.All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 13. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 14. The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A, Case File No. 2013-18 CUP, dated 9/24/2013. In addition, no alcohol shall be displayed on end caps or featured in the main aisles of the store. The current exhibit does not show the location of wine; therefore, it will need to be modified to show a location subject to approval by the Planning Department. 15. Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Division, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 16. Containers of alcohol may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 17. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 18. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 19.AII sellers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 20. The sale of alcoholic beverages shall be limited to the hours of 8:00 a.m. to 10:00 p.m. Monday through Friday, and 8:00 a.m. to 11:00 p.m. on Saturdays. 40 21. Coolers and/or cabinets containing alcohol products shall be locked and made inaccessible to the public outside of the hours listed in condition number 20. or as modified through permit modification. 22. No coin operated amusement devices shall be operated on the licensed premises. This restriction is intended to discourage loitering by those interested in or involved in purchasing alcoholic beverages and do not apply to coin operated rides intended to cater to children. 23.As part of this permit, security cameras shall be installed on the premises. 24. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Planning Department. Graffiti shall be removed within 72 hours of its observance as required by Chapter 10.54 — Graffiti Control — of the National City Municipal Code. 25. No parking is permitted between the building and East 21st Street. The parking spaces marked on the concrete on the south side of the building shall be removed. "No Parking" signs shall be posted on the south side of the building. The City Manager or designee may require additional measures to discourage parking in this area should the aforementioned remedy not be effective (e.g., landscaping, bollards, etc.). Police 26. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 18, 2013, by the following vote: AYES: Baca, Pruitt, Flores, Alvarado, Bush NAYS: Garcia, Dela Paz ABSENT: N/A ABSTAIN: N/A cksIttu-,dige-- CHAIRPERSON 41 rim CENTERLINE OF ALLEY PROPERTY UNE —cr-balr-1,6 EXISTING CHAINUNK FENCE 5-0" HIGH N CO 9._0. 21'-0• -& ti , s✓� �xv —4 3. e � 4 1DOSING e..3 /GAS METER O ti t ~ 0 P OFxb'S1 RA E0SM6 /MAW rt It y d tor a Dery u EXISTING 'TRASH ENCLOSURE 0 to 9._0. 9'-0' 9•-0• 9'-O' WWI MU PROPERTY:UNE CC NEIE M ICN i EXISTING CONCRETE APRON. 1.edlnlra 1 f►r‘tet Rlraeosed outs: dye cove+ems,,\ed E% a rq Y o9ut7 O erotan Aile 3:00 ArA s 111:oD?v4 5atucdayS 4:60avk j'o. I1:00�w� EXISTING ELECTRICAL PANEL & METER. .61.5 S MIK Fte hydrant Shay I ! Location lier& of CorneSof hyMa.d and 21th Street ILMber of outlets. 3 outlet Independent sleek, yes fire k/Aront t 6e of tree outlet design Fie hydrant to bi narked by use of mu. relkctor:porker Cr the eedesy IGHLAND AVE. CENTERLINE OF STREET 51T1. PUW 42 cicuee:L MIN PANEL 400 Alf . WALK IN FREEZER WAIX INPRODUCER WALK IN COOLER BEER 0 5.-I. (6) _® 8._6. .. .8'-B' IGI '6' 'A' Finmc WATER HELM 66' AMA F.F. -E%ISIING BA1N MCP ru �. 24'-I' A,. Y MAN FLOOR AREA e "� 4'-1' 6 M 7 CASHIER AREA 11'-ID. s BA 5'-10' or 3'-6' WALK IN COOLER 3'-3' 3'-6' ©MElO NAM Mit smooth! "Maw to mend& di RE: Resolution # 25-2013 Red Bird Market CUP 2013-18 CUP Appeal in Writing RECEIVED CITY CLERK 2013 DEC 3 PM 3 37 CITY OF NATIONAL CITY I Wameed Tepo am writing this letter to request an Appeal to the CUP for Red Bird Market located at 2035 Highland Ave, National City CA 91950. I would like to set this for a Public Hearing. There are too many Liquor Licenses already. The Census Track is Saturated. Best regards, PO Wameed Tepo 2111 Highland Ave National City CA 91950 �Z-o2-c3 46 RE: Resolution # 25-2013 Red Bird Market CUP 2013-18 CUP Appeal in Writing RECEIVED LER CITY CLERK a013 DEC 3 PM 3 37 CITY OF NATIONAL CITY I Ninus Malan am writing this letter to request an Appeal to the CUP for Red Bird Market located at 2035 Highland Ave, National City CA 91950. I would like to set this for a Public Hearing. We have a large community outcry requesting to deny this CUP. There is currently over 300 Signed Petitions Protesting against this CUP. Please feel free to contact me with any questions or concerns at 619-750-2024. Best regards, Ninus Malan 2111 Highland Ave Suite C National City CA 91950 a, ',' Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. • As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community=snore then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: T € r InconZ 4, }41J0 G Adress: (Jate City: (d1OG a Zip Code: g +Q SD Signature 603 5-h POt Name: Om ! L‘ ✓ S-/v1 v Adress: ZZ II +1 1 L �� kvdl i V2 T. z Z ( City: i1/414 hri) a ( i- (' :t ,te_ Zip Code: i V 5' 6Signature:/ Name: A914H447..0 d 4 1- Adress:_. SU f, I vc L p A f City: �} Signature: ! �' State Zip Code: Ti ?CO 48 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community=more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children thatwalk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: C f l k I ii Q 'RO r l O QQ z Adress: 114140 J aaQ City: Naskoncii Cry state CA- Zip Code: (1I `I 56 Signature: Name: 4r le y Ceniam z rl k Adress: Z. G 6 1- #4 . "/ Tyr-eL #71-#7 City: ` 1 y ✓ L� " ,� State Ui Zip Code: W7s0 Signature: Name: ir7frii Ql 't /ci 144- Adress:" !Jf,5 %14 Q c;(j State C, A Zip Code: q) , Signature: 49 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Communityimore then benefit the overall community. By allowing the allowing the v Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. ?WI) s 5%-c) Name: PO" t GCLTD20 Adress: OA F. [ ' E, City: 14 P `'' ` 0.1 1 / . StateCS) Zip Code: cll i S C) Signature: Nam Adress: \ ` 'I Eg] 5 City: QC` Signature: rc ,. Name: mitt C,t " + 1�►`t/1 CUB g) o� l5 9 ' 13%Q Adress: 1-111 (�� (9+• UtJ44.- X City: NktiONOa - 1 State C 4--zip Code: g t J Signature: 85 50 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community=more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor'License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: li C,torL _.(,,,,�.,., Adress: 1213 Aa City: i`'/'TLc»- L- c.A.r.-7 State C4 Zip Code: 5( 5 (3 Signature: Nape: 1—U' S 33 6 -I ‘41 Adress: E I Y j, k ©kk City: NJ, C.„; _ Statg C A Zip Code: / ( ? S ( f Signatur Name: Ad ;ess: h l b (),/Z°✓'\C.Q_ City: ._ State Ci67 Zip Code: Crt1 Signature: 51 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: a101G (1M 11`�%Zc629}\,--1-870 Adrbss: 2Q16 A i City: IV&1g , \L1Ci State Q-A Zip Code: C\tO JO Signature: Name: ()OSe_ 3ui5c)i1�,���r Adress: '111 L S+reef C_(0IL) St9 —1o9D City: tJ G}idvb,1 Lk' ft ' State CA Zip Code: CI 11 SO Signature: Z9m✓- Name: Adress: City: Signature: qi/i,v (row) S67-egsS State ip Code: II 9 S(J 52 .4 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community -wore then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: ‘47.- Name: Adress:. 1-10 City: Si Name: (11) e1 Adress: epf N\,l . K\ 01Vt Oi exl e, i. City: A e State ` Zip Code: gigs() -6/7 - 777 t\-) .71--0\-Akf tate.0 Zip Gode: (9Jb _ co—(0( • LcA- -0c( ro Signature: conseca (ciy) �9 - 3(/'41 53 • Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community -more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is. a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: LT-Prir rr ((?) Adress: 'C 4 Lzi-t " 44. City: X lCd fACt ( CO*, State Zip Code: l ?b.-0 Signature: Name: GLr W J C60 36 c- Adress: aD tc 9 t- A City: ) o tp haL ; 4 Signature: kirk 4=41110.7- Name: S { Adress: ., City: %�9' Cs/ Signature: Art-. lot State -PI Zjp Code: g 1 1 5 D ,w Sty 5 .9. a State "i Zip Code: g/ 53. 54 . Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor • License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and $usiness Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Communitymore then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: ; _ \ << ) r 7 Z q 2 Actress: 2d s 2Z -:; A APT I G‘ City: -22.41 i�� State C41,'/ Zip Code: 9/ 9. v Signature: Name: (�.-fLiei Adress: ?47 C a tie_ • City: 475a./ (�i%(y State Zip Code: Signature: 70,-5 ? .� ; � Name: �,lll l Zoe ut.�. Adress: D-00 City: J -hOYic .( Gl44t. State CP- Zip Code: Signature: D 1;(? P el q j ct,o 55 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approvai for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community=more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National CizCA, 91950. Name:, Adress: 16'i ) 174/ 116 "3 City: i / / State Zip Code: (7 /(7Co Signature: ,f Name: �{� ' C -� _� (v2/9 ,s Adress: 6 , %i 1 j41 City: / U lr�.� CI f l� State^T Zip Code:. eit7 Signature: Name: .5ILEL o/� (� I ` 336 - 9-196) Adress: 'gap C . /(' i ,-1D( e State C !i' Zip Code: 9 ! .5 0 Signature: S - StLe-. �v,. 56 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit fora Type 21 Liquor License will hurt the Community more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The'Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children -that walk past this store on their way home from school every day. There is a church within 260 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name:. ' _ 2 Adress: (O ccpi rr Ohr'G! City: it C- State : 0 ' Zip Code: 9 Signature: 4"921 Name: 3e. an e-t-T Adress22Q �� " AFL (' I City: i �0 C� �/� State Zip Code: Signature: Name: (" . - r (ci Adress: L 2 i'i"c c City: S State C . Zip Code: " y Z / 6/ Signature: 57 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community'more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: NCHOIIi Deiggi V Adress: -334 CDIOYCCC1 U c ve City: ChVi U S+ Signature: '(c (019) 7Ub- 3 0 Zip Code: U Name: b4 (Cl. vl. i'/c wl (p / G!_ /3 t(- 9 l �. Adress: L () City: N O-k ry\ ak �:(\ State. l.. C& Zip Code: (5 () Signature: A./ e(j Name:. Adress: 'Cityr2 Signature/Z, zeoi /c106 e C Zip Code: q 79:ff) 58 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away •from this location. This will also increase the crime in the area. In the last year there have been dyer 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet ' from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: C)AS011 Adress: //39 i City: I State , t% C"Zip Code: 1 I' 50 Signature: Name: U J e M C v v Adress: City: C State C.4 Zip Code: C% / Q S— D Signature: Name: Adress: 1005 , A (• lq )go .I jc S9 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird,Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in, a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: T iv* - sot ' ; (_L ke ")cbilb k1.0 Adress:'Lt (o tJ0A 1,-- City: S Staten Zip Code: l 3 Signature: Name: L. S Adress: g 7 1/1 fiA V 0,-/'t' �-�- 6 1 .3(0 C 7� S� f City: (-' 4 ' '1 `` State Zip Code: <' Signature: 'T .Name: Adress:, •t / 3 6 A-1/g� City: %dgfip/C-/,' ((,i f State Zip Code: 4/ 5Ci Signature: 4.011, 60 e Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Pewuiit for a Type 21 Liquor License will hurt the Communitymore then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: 7 5.V a.± s (cl- 3 $l —`tS`,Z Adress: 9 t 1 ro sw- a 21- City: S • 0 Signature: State (= Zip Code: 12 I t Name: r-e-74• Adressi-2/ r/ PP ) Name: r,C-e (ce 1 7 aeiti, S f. n(ej 1-61q- a ya-02 q3 Adress:.24 3/ frosp ec ' Sire e-* /p f . # Li City: gpcfi•ond Cl-f-� State Zip Code: 9/q37/—eir Signature:aryl • Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community=more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses:allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name:• (c.i t d4 . kiln A vliyt,t,„ Z Adress: 2a32- F ro,,(-xef. *S�" State OrZip Code: C 1 Q S-(] IQ 9 -0zm8 Name: )8/`'3i/tr b G, ( Al h i10 /e" Adress: 11 f ( Ji AI gt,C ,'IT City: e v Zip Code: 1 Signature: Name: p cSS Adress: f j? E J T 1, City: P✓c4t`O,A c 1 C f y State r k Zip Code: q rg S G • Signature 62 $'tatement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community -more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: .S o f� H U Po �- 7, Z q D c 2- 9`.4 Adress: Z 2 . " l Y9 J1L Q fit 19 ti City: S "G State C Zip Code:. 92 )Of Signature: Name: Vj1�Xr�� 1,141\JV� Adress: i,XY • i'kVg City: Signa Mate C A Zip Code: �\ t Name: rt. (nal') ef-, Adress: / gd K- 7 6. s i City:4 ran a sytiC/l Signature: -_ Zip Code: 91 95 _a 3 63 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community -more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: Adress: City: „reiCerir{'.. 6/kl(1U /S 73' s i V . M . �tpte � 1 Zip Code: 9 / Signature: r/i Name: t1.14 fly t OK) ' A.dress: 1\-Li12: City: i,C' c U is ( v( "State lip Code:. 1 ( -/ 9) Signature: ✓1/l�C�/l.l.�- /110-‘24.) Name: M (ye I .Pe l c y Adress: 2 00 5 E 11Ave A p k City: • O i1 r, r state Gl Zip Code: 4i 950 64 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Communitrrnore then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: ; LJ\s 'eioa:,.+ez� Adress: 2 S City: 1N - C - .Sign Name: Adress: City: Signatur Name: Adress: City: State (..A Zip Code: `Val S-CD (ma fi . ?6fer /U1,3 ,5hdrYt wuf Signature: p Code: 9%/ 3- 65 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community -more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also'increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: G2 Y °� 2 r Adress: City: C r1 LJ t r.., V r 5, Signature: Name: Adress: Signature:( = Name: „ / I' 4, LO State Q.4. Zip code:'• 19 i Statee Zip Code: Adross: Z l 1 cl tie. ,..r rJ r: (? r rf / ' a City: c r, .� c-,,., State (' Zip Code: 2 i p Signature:' 66 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community -more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: 2-DS -C C UCH I cA Adress: 2 / Z 6 LNI City: PCAC 1O C. I State CYO Signature: Zip Code:, o. if Name: Adress: 32 z i A- t o , C.''y : / Arm 21 City' A/ e',' y State Ca- Zip Code: g7grt9 Signature: Name: 4�e Sim i h e .1.-// 9 7T —(0/99797 Adress: 25-2-451. /4/7/rd / c ier City: /1&:� 7 /2a �: �7Lp Slate 4 _Zip Code: 9/95 v Signature: it 67 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. , As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: 01 v v .(iq) 7@ I -01- 7 Adress: QcMi ✓ 1i-\% l 6 City: k)1 IC,J 1Q- (. Stater G• A- Zip Code: t i `7 f ? Signature: \� K'U 1 7� cU:tx a Joe) fat sea- L.tQ Oi Name: Adress:, City: Signature: 81\` State W'[ Zip Code: qf(?/ 1 Name: { \\QC\ Q Q (` i l Adress: �V '� t �k 1,V��� � r • City: C Ut .) State • CZCOdI'W Signature: Or 68 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community -more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: 1,416 k (4- GUI//rQ Adress: 377 :e efti V i /(q City: h( State Zip Code: 7„)./e, Signature: C Name: ,./- (. ` 0 4 �� �� ,'-e�G% Z (6'q WW pc-8 Adress: 2-r 3/ p fp L - 3 City: it/c1410A--(4 C(% State &-- Zip Code: Signature: _7 Name: Adress: / ` { City: l; � t 4 State p Coder/7,� Signature: 69 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is ter Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: 1111414 5 M P- ltT V\ Adress:-2 /it I-1 !r(�'n laHe). Ave 04 /r7- City: Aht 4-ion I C State C4 Zip Code: q 19 J o Signature: Name: t) 1'1" Y 7 Adress: I/ 2 2 K A tie A P A City: /" Q if c1 o tl p1 r t Stater, Zip Code: t ( 6/ 60 Signature: Name:_ Adress: City: Signature Zip Code: 9- / 5'3 Z • 70 eta Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. 1 1L Name: NrkSDVt .G OVi ado Adress: I b Z Z .J Ave Signature: GO 4n CGc 3 StateC G1 Zip Code: S j 5' J Name: AL5E 2,1 Vll2. (:J3e5 Adress: -(0 t,' 2 1. N D j 7 1099,0d�1�,3�� City: hr k t fi State Zip Code: el 1 t b Signature:V---.`` Name: Adress: Ci I 1 City: ,� rL C t ,7 State Zip Code: Signature: / 71 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Pennit for a Type 21 Liquor License will hurt the Community more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there"is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: Adress: City: Signature: &row) igIs 1 ! 4.1(r-D ftl' State CA Zip Code: (i 5 Q Name: S&i 1V " ''►v F / .v I Zip Code: '1l9-\ SD Adress: ,.J ( 74 u} City: 4/A'hDAJ,1* Signature. Name: Nl (% Qit t i1 C 61r,\L0 tq Adress: ll� R(k Qi' r . t.Q \O. City: 1 Piti/ Signature:�"�: S� State C Zip Code: q AA 7 72 e Statement of Opposition to Conditional Use Permit Approvaf for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: - Adress: /vt J}Dve City: AIa )/Ia ( Cify 6/9Es-e -31(0 State (/ Zip Code: ertYfq §ignature: ly'tr Name: ��Sh (76-eP (614)75.5-- 7L10Ll Adress: l91/41 13 / yr City: /1Va (6rA.4 / Cl •71y State cis Zip Code: Name: �lrr,C i iczk� Adress: City: 1 }tio l C t State L' J}- Zip Code: // 9 TO Signature: 73 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believeethat an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name:. fli8i , get egOC, • Adress: /1"'o 3 I C 5T ST (0I 9 36,6 City: paTiei AL 6Y1-7 State CA Zip Code: 9i ;-,c, Signature: C9 os Name:1D g--- . 4 �, otr� t c r ��2_ 1 y) o� �l — 2 7 (, Adress: City: v "a 4°,'0 Signa Name: State Zip Code:. eet Adress: City: 1'l. TtD,L (r.LSta*, A Zip Code: 74 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950., As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: , U Z (--► A Cioth. Adress: i O !3 e k aOS (y (1 P 2 - ?cS3 City: to . Zip Code: c / ` 5 / Sigiatur Name:.9 MA14— 7kLti-6 _ Adress: 32s 1hle 6JSOai /t'-e . City: f 'J- Signahue: Name: Adress: 'Stl O "` (_C 44)'/ o �i'Z.IY State C/4 Zip Code:' / i 9n) 'AI 4(-' ) rot ®4(� City: C" j4. 4c Signature: State O1 ,Zip Code: 75 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crone in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: N t ix-Z,,ni,edlo Adress: a,1 l `alAAD-litOt AU-0 4,4k City: StateZip Code: 9(SC) Signature:. Name. Adress: 02 City: N i L Signature: 0,QQ Name: Adress: City: Signature: �-- o State Zip Code: qf �-J 0-9,7Vq1d Stately Zip Code: ??Irc c 76 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an AApproval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the arinotuit allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Narne" Arnaldo melt (/!?W5-V/-za Adress: :31l77 fa!T$x i City: N41 i vn 4-. I G f y State C9 Zip Code: ? / 95"(D • Signature: AAq /t4 M '/04 Name: Adress:c City: PIT( A Q( ert y State. Signature: Zip Code: / / 95 Name: *WINDY) O Adress: City: Signature: + �✓•1 Code: C/ 9 SO 77 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor ' License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 highland Ave, National City CA, 91950. Name: c 0 v 21 !a cci(p2-'B Adress: 0 ( ! �;• R U .City: JOLC' l l State C Zip Code: C( / 4 �� V Signa Name: Adress: t O'kdc9 l ci 5 City: State Zip Code: Signature: Name: 4)US ' O YY & L (U,q)911j �� ✓ Adress: 0 t l� � I aft City: i � � _ � StateZip Code: cla,5-0 Signature: 78 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: J c AA.+fit t-/ 1 rJCx 4) & / --S-1) 7 9? Adress: / LJ 1 ct_ 't tid k,' 1 tirlc."( City: l7 Oftica Stager4. Zip Code .' t ' Signatur Name: . I d// ref d � c72, 4✓�- '�/ q�d 79 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the Undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. City: k) Signature: Cf4-- Zip Code: `"/ r` Name: (I YI/tA Ta el/ Adress: & AID 4-- City: t Signature: Cpt9 /Co2—/127 State] Zip Code: CI i - /e571) Name: Adress: ? U 3 ("J L) City: State ( ef.7 Zip Code: Cr 15 S v Signature: 1 J` • 80 • Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. 4 Name:.-4s,i0 Adress:2/ /6" b/ei'h ����f,4 V.V 44-r- City: f-/ O,0 / C(// State C4 . Zip Code: q / CJ Sc, r 4 Signature:%' Narzle: Adress: 3%-z-s/ City: Signature: Name: PI LL l of /Ks t ro aH - j'yo0 Actress: i 1 cy. @, - /a City: iiJ -jio r7vt,1 c,,-�y Signature: p,.iy Q, U,/; g?;i State c, o;, Zip Code: 9 / ? S O 81 • Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for Redbird Market at 2035 Highland. Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor Lidense it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and. Alcohol alone. There is'school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: r` Adress: City: ! i.Q''uia- (1!, State ea-, Zip Code; Signature: l Name: Lff � Adress/6(8 6 f4 4/6-- City: Y " C'11 t C Zip Code;/ / Signature: Name: Adress:. 7$ O L) City: L w1. State Zip Code: l� 714 is y 9 82 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and. Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: Vow. S 21:n P i Adress:.'GO E \ C" •. 4 City: C (a- State C. A Zip Code:, °I 131 S 0 Signature: g 2S3-273 —77S°i Name: © S L� VA A V Adress: I l ' F 109 9 City: t/A-f ('j� j State C. zip Code:: 9/ qS Signature: (/1y,7 Bit %77 - 3 S Is Name: Ilif Cl -_ C 5 -f121441 Adress: /9 f ,i d7-7d/VI , C,( City: eler . A C State = Zip Code:: 9 79S— v Si 83 Statement of Opposition to Conditional Use Pemmt Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away '. from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: 1 V 1 Cot a 0 y-e f^ ccola0.3.1G. dc. 1) Adress: 1o73t K eve • City: Nh' > C v C1'ti State CA Zip Code: / S Signature:�— Name: Fri U I CS ? d ✓1, D t Adress: 2.17 9 F /' (r City: Jpl'hb and C i „. State Cod Zip Code: (1 5 t) Signature:7a.A., (C() 7LlT7_ 84 • Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Marketat 2035 Highland Ave, National City CA, 91950. V' Name: /y Adress: (94 3 K r State City: Signature: Name: 'T 6 Adress: - CL City: r (OA/ State C' Zip Coda. Z 9 J G,,a70t ('/F Signature: Name: Adress: .(Ct) 3qq ; 1 121zifti t. City: i//4 T ce'ir%L 7' 7 7C State &I_ Zip Code: la. Cr Signature: iegsd 85 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home`from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: 3 o Ear . Adress: a City: !: a.co r % i9 �T State 0 :9 Zip Code: 7/ 9 0 ? Signature: CC/ %)c? r - CO fc'. Name: b I.1,i 11 A) L,-1 Adress: 2 t3 City:N(ACilOI i' L C —( StateC4 Zip Code: GAl 6 P/Qe / 67/ 1? Adress: /7 40e j w I f3 City: / "• Stated Zip Code: 9 / 86 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. }As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: J /V 6Ps_) Adress:-2JI$ 7/iy4hi/ City: StateCiJ Zip Code: 7156 Signature: Name: ?...\.3 L-'�--� a0 - �o Z - `% 2 e s- _ Adress: /0 Z 5— E 1 City: 4.1 r' /DP C' Vf State C, Zip. Code: 11 / -SC Signature: Name: Adress: 3 g /,' - city: %- - C.. State Zip Code: ?/ir" / 3 3 v� Signature: 1�0S/) 4 U 87 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approv4for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community=niore then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 'Highland Ave, National City CA, 91950. Name: L oVLl2v. (\\ , � 19 --i SS- \s Adress: 0-- \ City: InP -k 01 h\' C ‘ .- I state C 1N Zip Code: ( I f s 0 Signature: Name: kQ ir e 7:41 Al <0 Adress: 2// S G A v e (6/9,) ?/- ct7c/s City: Ved-totik f e F.y State- CA Zip Code: Signature: °jaj(i,, gigs.) Name: Adress: LA,4 7'4 / 3S X �L City: / 1 A 7 C i Sta e Zip Code: Signature:-�� 88 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community.rnore then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: 111/9R r,, , I ' r4,h;f't 6/9""3i/-61(95— Adress: 2 / // 1 /''u City: j/1/ . 6_ Signature: a State P /9- Zip Code: 7s-a Name:, ( C - 7' d 1 Adress: State Signature: Zip Code: Name:.,6v Adress: City: ,4'pwA Signature:,-- State �1 Zip Code: 'f� 89 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: Sc S S e, \M 1, LI ri) 1'31 5 T.' Adress: Q I0 V el AAA__\0,0 City: Signature. I State Zip Code: 91,15b Name: /IQ (r° 414 /1' AV l (/J3U--39/ Adress: 22 PI - . ,4 ifse ./ o G City: /). C . State C // Zip Code: q / % S a Signature: Name: Adress: City: Signature: �(� •3iPt-99b1 State CA Zip Code: 90 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Conununity Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community=snore then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past -this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950, Name: 1 CACL . t P$ I Adress: 5l1 J 2-7 114 1,4 G10P--76z Z City: 1\J C / State Cff Zip Code: q/ J " Signature: yC�j". ✓(/ -� y% U. �(�� ,/ /,, j Name: 1 w ti. V Va- ell- : 6 4-je- /L6 Adress: `' 2j ''‘ i /4'\' City: 47C State , Zip Code: q 7 6 Signature: Name: Adress: City: '3r.-7 DState n4 Zip Code: cp. l 1-1 Signature: 91 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Communityrnore then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: Adress: 72,(011 City: /A1 Signature: Name: Adress: City: Si 733 State C td` Zip Code: (II alt Vil,I. /9', 2- 337 Irffewhir estur. .. � Zip Code: e(� t-ognature:NIMiltl 92 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Av.e, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented. Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21. Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: lr 0.. �F Z � cl) 0 ! ,r A4ress: 1 7 0 C 1 PkV E City: I V c C141 State Zip Code: (_ t 5 D Signature: Name: Adress: 3 (P ( J' 6 C/l t � City: 5 - nLn State - CZip Code: awl t- A-14f Signature: Name: Adress: S' — \ Sv - c, City: J'\ 1 tl✓'C L,*i State C Zip Code: Signature: a(W3 93 • Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: 911.\nci eSC,C1r2£. 1 tr Adress: � � 1 �—`\1 I�l`� �GiV'\'� City: �l al C.1 4kl State Zip Code: 2- 1 S Signature: Name: ' ji i t" Adress:� G G_V� Signahue: City: State 0\ Zip Code: giliD Name: Adress: City: ��o •ez 0q-g4 [-6933 Signature: �, ��n1 State C-PtZip Code: " l I q ',.lV 94 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950, As Residents, Community Members and Business Owners in National City. We take 'ride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community>more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already overSaturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: 7 %--- 17, Adress: City: /J et', 11 rn+ C State CA Zip Code:, 9 °'( Signature: Name: Adress: City: Signature: Name: 12. -- Adress: t cc/0 F' �r✓ City: N.C. Signature: State C �. Zip Code: 97 S 95 .4 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit fora Type 21 Liquor License will hurt the Community -more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children thar walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name- 6 (7 y7cf RID'a Adress: City: Signature: City: ,U'fm I Cr! Signature: State C A Zip Code: fO Name: Adress: City: Signature: "dIY C ? 1 I `7U? V lAttK L CoS?q ' `"`c , S T(1 StatC� _ Zip Code:q 1 c% . r 96 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community=core then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests fox drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21. Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: 1 j Adress: ( �,.., Cr� a�` ���� City: 4?-' Signature: Name: lw l3 IE© .T,rf1-i C Z r g q U 3 0, 6 o Adress: /jam 7b I AV City: hp o . A L C_l'CI State ( 1)t .Zip Code: ( 5-0 Signalize: l/ S Name: �QU I 'Z 5Ck Adress: 21 J ' 0 A\l e City: (dk-cOli.(A' CA`( State COl Zip Code: "11rO Signature: T 4i ((_ F+-Z 3 01(I 97 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland -Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Communityvore then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there i* already 6, meaning there is Double the amount allowed.. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: ro -% C 6 - 7 7c .- o ig Y `�'' 4 it lc{ ue Adress: City: w `fit°�`' State CA' Zip Code: 9/9 S a Signature: ' -- r Name: is (-412 ?' (-, ''b 177,- &-! 36 Adress: g' ' i' ' .V tgl'7 ? City: />t. f47 U?S 1."-g State C /' Zip Code: 99/C.0 Signature: OJ c/P,� Name: V C/�/e — /L— - (6/V e y6 — 3653 Adress: 70 $'09-w in: !k. City:y biO/1L- G! State C-,41'. Zip Code: 97 Signature: % ,(- 98 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Communityimore then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name Kwic.A.1, aplet)1SoLo Adress: f 3 Q l? N EU cr V C' I` . City: state Zip Code: Z I I -3 Signature: Fr.e)/ Adress: 0.-6tR/e/ pis City: Signature: State (Z.:- Zip Code:1(5C 99 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Communitrmore then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs anti Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License forkedbird Market at 2035 Highland Ave, National City CA, 91950. Name: ft'CPH, tck\kf r' 6,160 ` — I ) Adress: I o Z i / v l City: Mi Ul 1-7 Slate Czipcode:/q ce5 Signature: Name: DAOL5\AGi. 4.' 1 v (1) 434 - ei1S Adress: t1 1 V 16)rd661AVe— . City: tAlliicklf4 C,lk State a Zip Code:' Signature: nalan Name: W M I lU LP Adress: g v�1 , ,n p, State c-ri Zip Code: �v 1 c ss-D vide — Signature: :, 100 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor Licence for Redbird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community -more then benefit the overall comet the Approval for the Type 21 Liquor License it will bring Liquor inan already allowing allowinthe Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just TO Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950., Name: (00- I (.. (e 1 Adress: City: Si Name: Adress; City: 7'U Signature: Zip Code: - / _ StateC..6 Zip Code:_, I so 101 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Communitymore then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and'Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: '.c r c! L.,* , 1 1C 2 C lg37 Adress: 1. Ud A/ 4J AK_ City: pr tat e Zip Code: Q\C: s� Signature: Name: l 0 Adress: �� _ l ll' l j � V1 et City: State. Zip CodOr— Signature Name: 'Fir j t f /‹ e'� ' 77, "17 q� Adress:" 1O p it ft 11 3' City: State Signature/ 102 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. 4 As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community:nore then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny tip Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: . Actress: o0 City: Signature: ' 6/9A/Y4 Zip Code: 7,/9'L Name: )V)V I C)Vi Actress: v\,s' c) C4 a *k :) ' City: v � S , . Zip Code: ``. Signature: •� Name: u ( T Adress: G R ✓ s /9/ ' City: Ai lam. Signature: State Zip Code: q / / /� a 103 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950: As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community:more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away .from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests fdr drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from thi?store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: F ` '14G M l' rz 2 f . (62 6) gQO 1 0 Adress: Sri s? (— , l 6. T h -�- City: s\JCt+A I C, -7 Signature- Adress: al - C City: Signature: State G / Zip Code: Gi r c( SD `Z—e —1136 StatelJr J Zip Code \. ) \\\\b\\T CQrq-33� feu Name: C e440. %0,\4\.(A.5 /(6, 9) ,g 7 cl - Adress: 02011 V,e City: v15t-1 p, a` Q ' ' State e% " zip Code: t ( l V Signature::2Q i 104 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community,more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: L9011 Adress: )D i S city: i16YtGvl Signature: Name: Adresf: City: Signature: c State Zip Code: Zip Code: te(q •' 105 Adress: C 7 `ZS City:1J6" -ighq` Signature: Name: Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor • License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community -more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 2:t Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name:. Vc_2htc, ( rrSgo frl Y1:d Adress: 2L i hve tii''t . L() City: Wilt10Y10,t C t f State. :C Zip Code:: Signature: e5 Vc Name: J Lit" e n l 5e a 10(P + vt (t) ` t 6 y- J Mrrlup State (4. Zip Code: 6,0 5c;A'f e1GS( (D Cfbl—` 90; Adress: City: . C,. State Zip Code: M 0 Signature: 106 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community -more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Cgnditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 9I950. ; Name: Adress030 P AVM. 1.0 (61172 i.-1 34-( S(oe City: �%�4-f 1 Clrc r T , State,.,4 Zip Code: '7 I / 5 6 Signature: Name: ? {!Gi.el, Adress: IC City: A/ G �' ---,-i1tq (iy State Zip Code:. ,: c( S Signature:. Adress: City: 41/ )9 }/ Al p- Signature: ((o( ) 3C -? Zs � 1 X .=2 d If Tie State{ Zip 107 • Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Coinmunity:more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: \NA Adress: QPAIIP City: State Zip Code: Signature: Name: Actress: '27 3 City: /11 Signature: lie r r u r Stag C Zip Code: Name: ► IOA)- 1-CUwe I Adress: 7 k (6 . L (E V E (91q `jC; 1533 City: IN 0.—6$Arkl C., la State E ( Zip Code: Signature: 1/,5. 'UJ�,[ 108 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor • License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community -more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the are& In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Nam. ) ), (C t 9) 1 Adress: 5 City: �. 4 �y qi c.� ` State- lip Code: Signature:? Name: /dress: City: Signature: Ce p iiv,s (6(q 336—�l �29 e J • State (1 Zip Code: Sgnatur� Name: Adress: City: State . Zip Code: f C 1 9/q4 D 109 Sttement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community:more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: l<�2244. 2 i (4) 26 3-6 9 67 AdressC/1 7 City: c vi . 0 ; State C' Zip Code:. 2 % / ? Signature - Name: (_.74 (btAr �C(tf y2'7`7-7'(ei Adress: / 3-) L 4 V' w Zo Aria-4'C - c l City: r It State (4 Zip Code: `3/.3`71 Signature: .T Name: Adress: Q r 3 City: r l I * (;�, r Signature: State 6 Zip Code: / 5 S 110 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an s Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community -more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name:i� 1 Adress: �da V `AL . + ' c Name: Adress: k1- 7/S 86c i \/Z City:(, State C.l Zip Code: `(I 1 S 0 Signature: ` Name: Adress: l t1C) City: Signature: ritesfk 111 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City: We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Commmunity'more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is.a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market $t 2035 Highland Ave, National City CA, 91950. Name: A .o,7-1 C• 6 C GA I\ 7 L\ \ -- 0\` --1 % Adress: L.Is c Zlr\-\\N .: City: 14C,��-�0r c \ G,--`{ State CA Zip Code: °`\v1/45G Signature: Pcf•\' S fr.41 Actress: "% r C ty: 1 rC j State (/ Zip r 5- V 1 ! Signature: / n Name: /- .� Adress: t l I / ril City: etN.. k v `t \ e. t . `/ State; L U`- Zip Code: 1 f Y S Signature: 1,1. ^ / 112 7 y 4 Statement of Opposition to Conditional Use Permit. Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community -more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Tyke 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: � �'DCA.. s vt7N2 eZ- C� l 4) 6 02'Y5 Li Adress: ! S F 6 j 1 !' e Co, \.. '� �n c� C' ? } City: %J , • \ State ( f'- Zip Code; / Q S 0 Signature: Name: `v\c3 Y ‘ Q. Q Co. ,- .ce •YY Adress: . �io L) (>, v\ - - .4 City: (No \G % 44G State r Zip Code:. 9 19 ) o Signature: AV j ` C Name: Adress: City: ' 1 k O tr. & C-1 47 State C 4 -Zip Code: Signature: t/ 113 Signature: Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use permit for a Type 21 Liquor License will hurt the Communitywore then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name:. U 6k.5 (ritAC,z- c % cj `(-- SC. 50 Adress: 7c 7 E. City:, i✓ett 4'oa ( cT 1 1' , State ( A Zip Code: �I qc0 Signature: Name: r )ab , g- • & A z 1 LC i Adress: Z ; 61etiv, City: Siate Zip Code: 9 Z 1 J Signature: Name: Y.4.t4,"P - c,•I. Adress:. r ( Z I S 4 City:' /l%dt mel/-ty State' C 4i Zip Code: 9 ( c 0 fV O.1i 0 t&ttt tT7 ' 114 Statement of Opposition to Conditional Use Pennit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Commulity Oriented Neighborhood. We believe that an Approval for a Conditional Use Pennit for a Type 21 Liquor License will hurt the Community -more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name �k C `'1 S6 7y . Adress: 6 (� 67i4,,-, City .0 Av C'N (yL ( Signature: State C Zip Code:, d{ \ C J (� Name: ' G),72:e) Actress: City: State cam. Zip Code:.q(4).sv Signature: Name: c Lc Adress: 4471 'j (Ot , j- .-(" • City: J �' Signature: State Zip Code: I- CI�fl 115 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community more then benefit the overall community. By allowing the allowing the Approval for the Type,21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: Actress: -3 a 'z, 2 k-Q 5-F City: 5 or--. '() State C Zip Code: \ 21 6-1 Signature: Adress: ,9. f City: A fa6L,L State ('7 7- Zip Code: Signature: 72/S-i-r Name: Actress: (yv S ,T A c,c "9 % d (cif/ K77--f f) City: Irb y �� G Ty Sta#e�'i - Zip Code: - F/ is�v Signature: 116 r • Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Communitymore then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: --IDSI.'%V0 V.1 Adress: 223= �F *`/� ._ (0 7 City: ,4ri t r) ti t ,(L Signature: State C..4 Zip Code: g Name: C,d 2 trs Ca 1rrA // Adress:. )'727 Coa(-1baL A-" City: FATI441CtTr. f - State c4 Zip Code: Signature: Name: Vwii w-(44 Adress: fig( E f ,V e City: Signature: Lt l(4({`-{D:70C1 State_ Zip Code: " 4 1d16-0 117 F• • Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 203.5 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community -more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name:,,4?-r✓40/4Q'/O � y,� L lPl 71"2.-//C-e" Adress: 2 6 j c' a„qv City: 1/ey.4 4C., C?( tote (1,4 Zip Code: Signature��/��� Name: Adress: City: Signature: «'!) g51-042 State_4— Zip Code: of '7 &-09 Name: s her r, c 114 of ktat,t44 (6 4 \ 7 9?- if o 5'a Adress: j(3 C ci a rt City: aIcn, � Sate _ Zip Code: 5I ,mac Signature: 118 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Communitmore then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meAning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: , l ) ti4J &2Ctv4\)((? 8 go 7,c3c Adress: (1 f `7 F /UE City: f LZ� � ' Ct'Y State._ Zip Code: r ? 50 Signature: Name: Adress: Co2s, ‘5._eC:11 lOQ:ef Ch r . City: )Lanctke, c State CA Zip Code: j2 q Signs Name: 14 r 60,44 Adress: Z2-6 E. 17 sT. 09- 9f- cf7 y City: (f ir'i*Mf (4'f State rig- Zip Code: -/ i/f Signature: 119 Statement of Opposition to Conditic nal Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 High and Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Communitymore then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crone in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: �,.! Ya 1 / HAY--eS' jig gz 3 -O / y Adress: / �j State/6 A _ Zip Code: 9I0 City: 6I1 Ulf U p Signature: Name: Adress: City: Signa State (/ t Zip Code: r 2Z o3 Name: WO/VA12—'-' \ Ce( ) 7J�� Adress: `LA k 1\ C4 t City: State Zip Code: crf 150 O 120 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented. Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community=more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: .rALeu ti V-e: C Adress: 1 13 o C pa-b a l a{ S-L. City: is j 1�t' L C c` {.y State C A • Zip Code: 11 61 S Signature: kp Name: Adress: 3 / 3 ( ' City: 1 AbIALC� State Zip Code: 9/Ts-0 Signature: Name: J p I1'k e' Adress: 2 C> 15 (jQ VP City: t\ke t 000 e' State Zip Zip Code: 7? ! S-C) Signature: 121 Siatement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Pennit for a Type 21 Liquor License will hurt the Community more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from 'this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: 61“‘k, ftlOktri te1G Z9-1S' Adress: Le I City: N ot1 Q ` State U\ Zip Code: 9 11 S O Signature: ( E Name: -Fat rtu cco to r CL Adress: City: Signature: (/!) ,7o1�t Zip Code: ` ,f 5 Name: N.),AAR-5'4 V\6r_A-b Adress: 2A; t-b ) 'i- City: Signature: c151- 23� ao� i0 Zip Code: 41 i J v 122 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Communitymore then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location.. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name: L Adress: t U P V E: L. Zip Code: 123 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Comnm pity Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Communitylmore then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away From this location. This will also inc:-ease the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 • Highland Ave, National Ci Name: CA, 919$0. Adress: J a f Ern 60(q2z.0-53y7 City: Spi 4 ," 7C/cf. (' eCi State C Zip Code: q j Ci 77 Signature: Name: #Iv2V f t Adress: C 4'Z L Vvt e'j 5 _ City: S' D State 00 Zip Code: Ti I/? Signature: Name: Adress: b101 5NU.0 \-i City: J .r Signature: State CA Zip Code: ail 124 Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt the Community -more then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away fr9m this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Name:. 6riti A14 0 •.dress: / c(3 ( r , L��(6,(92119 - 515s City: Lk 1/ Y . tate :C I Zip Code: 5 i qsd Signature: 1 2G� Name: l r I 6 (�J ! l -J2 z ti Actress: 15 2 7 E. 7 (1 4 CilY: _r v o)"-d' Name: n' !/e n ) ,0 t J Adress: I 70 Signature: 125 ti Statement of Opposition to Conditional Use Permit Approval for a Type 21 Liquor License for RedBird Market at 2035 Highland Ave, National City CA, 91950. As Residents, Community Members and Business Owners in National City. We take Pride in a Safe, Friendly and Community Oriented Neighborhood. We believe that an Approval for a Conditional Use Permit for a Type 21 Liquor License will hurt+the Communitymore then benefit the overall community. By allowing the allowing the Approval for the Type 21 Liquor License it will bring Liquor in an already over Saturated Community. The Minimum Licenses allowed in this census track is 3 and there is already 6, meaning there is Double the amount allowed. There is a Liquor Store just 20 Feet away from this location. This will also increase the crime in the area. In the last year there have been over 45 arrests for drugs and Alcohol alone. There is school children that walk past this store on their way home from school every day. There is a church within 200 Feet from this store. We the undersigned believe that the best interest for the city is to Deny the Conditional Use Permit for a Type 21 Liquor License for Redbird Market at 2035 Highland Ave, National City CA, 91950. Nai e: f t Adress: h 4' -- i-i City: flc Mc. I t Signature: Name: Adress: City: Signature: Name Adr Ci Signature )q- y - 2-'Lo o Vot1 Zip Code: ot , 10Joizt V/9-m;-.P? �U r State C4 Zip Code: 67f 5-5 0 )06 126 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: August 16, 2011 PURPOSE/BACKGROUND: To streamline the process of alcohol license application review to ensure timely staff responses and/or protests to the Department of Alcoholic Beverage Control regarding these applications. The City Municipal. Code requires Conditional Use Permitsfor the sale of alcohol. Such land use regulation is designed to ensure that the health, safety and welfare of the community does not become negatively impacted. In order to minimize any potential adverse effects of alcohol sales for both on and off -site consumption, including public drunkenness, disorderly conduct, illegal sales or domestic violence, the City adopts conditions of approvals and enact policies designed to protect the public from such effects. The following sets forth the City Council's policy Our the applicable alcohol standards for Conditional Use Permit applications for .both on and off -sale alcohol sales, as well as the Department of Alcoholic Beverage Control application notification requirements. POLICY: Page 1 of 4 The Department of Alcoholic Beverage Control (ABC) sends copies of all. alcoholic beverage license applications to the Police Department. The City has thirty days from the date of the ABC mailing to provide comments to the ABC. If no protests are received within that time period, the ABC issues the license. The Police Department is responsible for ensuring that an appropriate Conditional Use Permit (CUP) exists for the applicant business. If such a CUP exists, the copy of the application is simply filed by the Police Department in the existing file .with the notation that there were no objections to the issuance of the license.If it is a new (in the case of an "original° license application) or expanding business or one seeking a license to effect a premises transfer, and no CUP exists, the Police Department is responsible for sending a letter to the ABC protesting the issuance of the license until a CUP is issued by the City. Whenever such a protest letter is sent to the ABC, that agency notes the applicant that they must begin the process of obtaining a CUP with the City's Planning Division and that the issuance of the alcoholic beverage license will be delayed until such time as the protest is withdrawn. CITY OF NATIONAL CITY 127 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: August 16, 2011 Page 2 of 4 . Once a CUP has been issued, the Planning Division notifies the Police Department of that issuance and it is then the responsibility of the Police Department to notify the ABC that the protest is withdrawn. The CUP application, approval and issuance process is such that it provides all the checks, balances and controls necessary to ensure that businesses seeking alcoholic beverage licenses are in compliance with local standards. • These conditions of approval shall apply to all new Conditional Use Permits (CUPs) for the sale of alcohol for on and/or off -site consumption and modifications of existing CUPs for such sales as specified by the preceding parenthetical references with each condition. These references specify to which type of alcohol CUP being applied for the conditions would apply to — on -sale (restaurant, bar, etc) or off -sale (market, grocery store, etc). Regulation of these conditions and allowances shall be enforced through the Conditional Use Permit process, specifically conditions of approval to read as follows: 1. (off -sale alcohol) The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40. ounce, or similar size containers is prohibited. 2. (off -sale alcohol) No beer products shall be sold of less than manufacturer's pre- packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans orbottles., 3. (off -sale alcohol) No sale of wine shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume Is prohibited. 4. (off -sale alcohol) Flavored malt beverages, also known as premium malt. beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's pre- packaged multi -unit quantities. 5. (off -sale alcohol) The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 6. (off -sale. alcohol) All cups and containers shall be sold at or above prevailing prices and In their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. CITY OF NATIONAL CITY 128 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: August 16, 2011 Page 3 of 4 7. (off -sale alcohol) Ice may be sold only at or about prevailing prices in the area and in quantities of not Tess than three pounds per sale. Ice shall not be provided free of charge. 8. (off -sale alcohol) The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit , Case File No. _, dated _. 9. (off -sale alcohol) Pemiittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Division, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 10.(off-sale alcohol) Containers of alcohol may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 11. (off -sale alcohol) Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 12. (off -sale alcohol) The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no Tess frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the .Califomia Department of Alcoholic Beverage Control upon demand. 13. (on and off -sale alcohol) All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part - CITY OF NATIONAL CITY 129 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 REV OR REVISED: August 16, 2011 Page 4 of 4 - of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 14. (on -sale alcohol) The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 15. (on -sale alcohol) Alcohol shall be available only in conjunction with the purchase of food. 16. (on -sale alcohol with patio) Permittee shall post signs in the patio dining area, including all exits to outdoor seating areas, indicating that alcoholic beverages must be consumed inside the restaurant or patio area and may not be taken off -premises. The sale of three -packs of 24-oz cans of beer shall apply retroactively to all existing off -sale CUPs where a condition exists limiting sales to no less than six-pack quantities. However, business wishing to avail themselves of this modification must conform with all regulations of the Department of Alcoholic Beverage Control (ABC). The Council may, at its sole discretion, choose to waive or modify any of the above conditions. CITY OF NATIONAL CITY 130 No, 15 Conditional Use Permit for alcohol at Redbird Market at 2035 Highland Avenue. 2013-18 CUP Location Map: r RM-3 2005 M mat 193141/ L 1 E 201t1•St E21stSt MXC-2 2100 I = 2111 u 2115 ffi �ff 2140 E 22nd St 2115 2127 2151 f — — 2207 RM•2 2104 2120 212 2130 2007 1 2015 2025 14. 2107 RS-3 r 1 Conditional Use Permit for a Wireless Facility at 2575 East 8th Street. 2013-26 CUP Location 1 LI11 1111.1.LJL: ,J''Lli1 Eau) a Map: � N — E 7th St Q F O N 635 JJJ co 111 3e� 735 iu S E 8th St ., at $820 ili N a 3I_' N „ is_— p_.7 -7. �-CAtt:OIIIA+ project Site: NATIONALC1? ➢ N side of E 8th Street. > I zone. > 7.2 acre parcel between 8th Street and PVH. > Existing Assisted Living Facility onsite. ➢ Sloping Property. 7 � CALIi0tM1A w Proposed Use: NATIONAL Car tes5 ➢ 60-ft faux pine tree. > Twelve 6-ft panel antennas. ➢ 4-ft microwave dish. ➢ Facility proposed at center of property. ➢ Additional landscaping ➢ 195 ft2 equipment shelter. > Emergency generator. 8 9 Analysis: «µ10011111A+ NATIONALcarp► ce..*) > Stealth facility — other live trees nearby. > Antennas obscured by faux pine tree. > Wiring via "dog house". > Equipment shelter built into existing retaining wall. > Guard rail/chain link top. > Facility under 65' height limit in I zone. Summary: 4. CaU INIA 4. NATIONALcnp ➢ Stealth facility per City policy. > Meets applicable standards. > Facility will provide expanded service to Verizon customers. > Conditions of Approval will ensure that facility functions effectively/consistent with existing facilities. ➢ No impact to surrounding uses. 10 11 «GAM MIA. Project Site:NATIONUCITy ➢ Redbird Market ➢ NE corner of Highland/E. 21 S1 St. ➢ MXC-2 zone. ➢ 2-story mixed -use building. ➢ 3,364 ft2 building. ➢ 9,853 ft2 lot. ➢ 7 parking spaces. ➢ Lawful non -conforming alcohol license. 2 Proposed Use: « CALIFORNIA w NATIONALCi •�..av ➢ Applicant requesting to sell distilled spirits. ➢ Store hours M-F 8:00 a.m. to 10:00 p.m. - 11:00 p.m. on Saturday. ➢ No change in hours proposed. ➢ Distilled spirits to be stored behind cashier. ➢ Beer and wine currently on N side of store. ➢ No change in location of beer and wine is proposed. 3 `. CALIFORNIA+ NATIONALC1fl Analysis: > LUC 18.30.050 allows alcohol sales with approved CUP. ➢ Expansion triggers CUP. > Census tract 116.01 has 6 off sale licenses — 3 recommended. > Expansion of existing ABC license. > No schools within 660 feet. > Community meeting. MINIMA+ Comments:NATIONAL .E PD Comments ➢ Beat 23 — 2012 crime rate of 112%. > Risk Assessment report allocated 14 points — medium risk. IPS Comments ➢ Proximity to sensitive uses. ➢ Graffiti. Conditions > Standard conditions (Council Policy 707) > Added conditions (graffiti, parking) 4 Summary: «cxuFo�Nie-. NATIONAL al > Existing nonconforming ABC license. > Competition. > Census tract over -concentrated. ➢Distilled spirits may exacerbate over -concentration issue. > No increase in ABC licenses; however, liquor store nearby. >No public convenience or necessity. > Based on the risk factors (PD), proximity to sensitive uses (IPS), staff recommended denial — PC approved. 5 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: !January 21, 2014', AGENDA ITEM NO. }4 ITEM TITLE: Public Hearing — Conditional Use Permit and Coastal Development Permit for a Wireless Communications Facility located at 1445 Tidelands Avenue. (Applicant: Verizon Wireless) (Case File 2013-24 CUP, CDP) J PREPARED BY: 'Martin Reeder, AICP DEPARTMENT: PHONE: 336-4313 APPROVED BY: EXPLANATION: The project site has two existing wireless facilities operated by Sprint and AT&T, of which are faux palm trees and are 40 and 50 feet tall respectively. The applicant proposes to install a 60-foot tall faux palm tree and a 257 square -foot equipment shelter directly south of the existing facilities. Council reviewed the Notice of Decision of the Planning Commission's approval at their meeting of December 17, 2013 and set the item for hearing in order to discuss the item. The attached background report describes the proposal in detail.) Pla 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: 1Staff concurs with the decision of the Planning Commission. BOARD / COMMISSION RECOMMENDATION: Ifhe Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, Bush, DeLaPaz, Flores, Garcia Absent: Pruitt; ATTACHMENTS: 11. Background Report 5. Planning Commission Staff Report. 2. Recommended Findings for Approval 6. PC Resolution No. 28-2013 3. Recommended Conditions of Approval 7. Reduced Plans 4. Location Maps, BACKGROUND REPORT The project site is located at 1445 Tidelands Avenue, shown on the current zoning map as being in the Medium Industrial (IM) zone, and also within the Coastal Zone. The long, narrow, relatively flat parcel is located between Tidelands Avenue to the west and the railroad right-of-way to the east. The recent Land Use Code Update is not active in the Coastal Zone. This is due to the fact that the necessary changes in the City's Local Coastal Plan have not been approved by the Coastal Commission. Therefore, the City's previous zoning would generally apply. In this case the zone would have been MM-CZ (Medium Manufacturing — Coastal Zone) — essentially the same zone. There are two existing wireless facilities located at the same site; a Sprint facility approved in 2001 and an AT&T facility approved in 2005. Both are faux palm trees and are 40 and 50 feet tall respectively. Along with the respective equipment shelters, the site is also developed with several live palm trees. The quality of landscaping is fairly poor, with ground cover and vegetation sparsely located around the site. The applicant proposes to install a 60-foot tall faux palm tree and a 257 square -foot equipment shelter. Tree -mounted equipment includes twelve 6-foot tall panel antennas and a 4-foot diameter microwave dish. The new facility is proposed directly south of the existing facilities. No additional landscaping is proposed, although an existing palm tree would need to be relocated to accommodate the project. The facility also proposes to have an emergency generator in case of power failure. The generator would be on a concrete pad adjacent to the proposed equipment shelter. The proposal is a good example of a stealth facility, consistent with City policy. The antennas are proposed to project approximately three feet from the tree trunk but will be obscured by the fronds. Wiring between the tree and shelter uses an "ice bridge", which is a conduit between the two. The two existing facilities have underground wiring, consistent with City policy. A condition has been added to require that all wiring between the shelter and the tree trunk shall be placed underground. The equipment shelter would be covered with a smooth stucco coating to match the finish of the existing buildings on -site and would also be surrounded by chain link fence. The proposed shelter structure is similar in size to the existing shelters on -site. The proposed shelter is 24'-6" by 10'-6" feet in size (257 square feet) and approximately 11 feet high. The existing shelters for Sprint and AT&T are around 200 and 300 square feet respectively, and are both 10 feet high. To enhance the site, staff is proposing a condition of approval requiring that the applicant re -plant the areas on -site that have dead/dying or non-existent plant material. There are approximately eight live palm trees in the area of the wireless facilities ranging in height form 19-feet to 50-feet. With the existing palm trees and condition to replant nearby Tower -lying landscape material, the proposed 60-foot high faux palm tree i is expected to fit in well with the surrounding area. A condition has also been added to encourage the relocated palm tree to be placed south of the proposed site, in order to further screen the faux palm. To be further consistent with City policy, co -location with existing facilities was researched. Based on the 'search ring', the applicant has stated that there was no ability to locate on the existing facility, but was able to locate the proposed facility adjacent to an existing facility on the same site. By locating adjacent to an existing facility, there is greater opportunity to camouflage the mono -palms with the cluster of palm trees and other vegetation. The facility is proposed to improve service between Interstate 5 and the waterfront to the west of the site. Based on the attached Coverage Map, the area currently has limited or weak service. The facility is expected to generate only one to two vehicle trips per month for maintenance staff and is unlikely to have any impacts on local traffic patterns. The project area is not within an area of retained Coastal Commission permit jurisdiction or in an area of appeal jurisdiction. It is also within an area generally exempted from the Coastal Development Permit (CDP) process. However, the required discretionary review (CUP) triggers a public hearing for the CDP also. As part of said discretionary review, the Planning Commission must find that the granting of the CDP is consistent with and implements the Certified Local Coastal Program. The project is compliant with this finding in that it involves a stealth wireless facility, a conditionally - allowed use in the MM-CZ zone, and will not prohibit coastal access or obstruct views. Comments were received from the Building Department and require compliance with current and new 2014 codes. Standard Conditions of Approval for wireless facilities are also included, requiring compliance with local, state, and federal codes, and that any external equipment is painted to match the surface on which it is mounted. Planning Commission conducted a public hearing on December 2, 2013. Commissioners asked questions regarding conditions of approval, facility design, landscaping, and property upkeep. The Commission voted to approve the Conditional Use Permit based on required findings and subject to Conditions of Approval. Council reviewed the Notice of Decision of the Planning Commission's approval at their meeting of December 17, 2013 and set the item for hearing in order to discuss the item. The proposed project is consistent with the Land Use Code in that it meets all applicable design requirements for wireless communication facilities. The project is considered `stealth' and blends in with existing facilities and nearby development. The new facility will help to provide coverage in an area with limited service and provide additional reception for Verizon Wireless customers. 2 RECOMMENDED FINDINGS FOR APPROVAL 2013-24 CUP, CDP —1445 Tidelands 1. That the site for the proposed use is adequate in size and shape, since the facility, including the faux palm tree and shelter (257 square feet), can easily be accommodated on the 0.40 acre site, and will not affect surrounding existing uses. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the unmanned wireless communications facility requires only one to two visits each month for routine maintenance, which will have a negligible effect on the adjacent developed streets. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the 60-foot artificial palm tree will adequately screen the twelve panel antennas, and since the landscaping and fencing on -site will provide adequate screening of the equipment shelter from adjacent properties. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Verizon Wireless communications network, resulting in enhanced service for its customers. 5. That the proposed project is consistent with and implements the Certified Local Coastal Program, since the proposed stealth wireless facility, is a conditionally - allowed use in the MM-CZ zone and will not prohibit coastal access or obstruct views. 3 RECOMMENDED CONDITIONS OF APPROVAL 2013-24 CUP, CDP —1445 Tidelands General 1. This Conditional Use Permit and Coastal Development Permit authorize a wireless communications facility at 1445 Tidelands. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A and B, Case File No. 2013-24 CUP, dated 10/10/2013. Any additional antennas or facilities must be in substantial conformance with the design for installation shown on these plans. 2. Before this Conditional Use Permit and Coastal Development Permit shall become effective, the applicant and the property owner both shalt sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to retum the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit and Coastal Development 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 and Coastal Development 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. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.12.040 of the Municipal Code. Building/Fire 5. 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 6. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the 4 Engineering Department. If it is determined that the project is subject to the `Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 7. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 8. 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. Utilities 9. Prior to any construction or grading activities, the applicant shall coordinate with all utilities with infrastructure in the area to ensure protection of any existing utility services. 10. Call 800-227-2600 (Underground Service Alert) for mark out prior to any digging activities. Planning 11. All appropriate and required local, state and/or federal permits must be obtained prior to operation of the wireless communications facility. 12. The dead/dying and non-existent landscape areas on -site shall be re -planted to the satisfaction of the Planning Department. The proposed relocated palm tree shall be placed south of the project area to the extent possible. 13. As part of construction of the proposed driveway to the project, the existing driveway border shall be repaired. Please contact the Planning Department for additional information. 14. The chain link fence shall incorporate vinyl slats in order to match the existing facilities on site. 15.AII exterior equipment (e.g., RRU units, GPS antennas, microwave dish antenna, panel antennas) shall be painted to match the surface on which it is mounted. 16. Exterior walls of buildings/poles to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building Official. Graffiti shall be removed within 24 hours of its observance. 17. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant and the complaining user. This condition in no 5 way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 18. The applicant or operator shall be responsible for the removal and disposal of any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete within six (6) months of discontinuance. 6 Unified Port of Sa Die`go-(CZ) — Zone Boundary Project Location APN: 559-040-53 enter Dr 1400 IM-CZ 1600 IH CZ any pU 9A910 • I I W 14th St • • I t_J I Feet 0 95 190 380 Planning Commission Location Map 2013-24 CUP, CDP 7 11.20.13 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: APN: Staff report by: Applicant: Property Owner: Parcel size: Plans prepared by: Combined General Plan/ Zoning designation: Medium Industrial — Coastal Zone (MM-CZ) Adjacent Land Use / Zoning: Item no. 3 December 2, 2013 PUBLIC HEARING — CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY LOCATED AT 1445 TIDELANDS AVENUE IN THE COASTAL ZONE. North: East: South: West: Environmental review: 2013-24 CUP, CDP East side of Tidelands Ave., south of Civic Center Dr. 559-040-53 Martin Reeder, AICP — Principal Planner Verizon Wireless Tidelands Avenue Props LLC 0.4 acres Booth & Suarez Architects Master Machine Corporation / MM-CZ Pacific Steel Inc. across railroad right-of-way / MH-CZ Tidelands Industrial Park / MM-CZ Port of San Diego General Services Building across Tidelands Avenue (MT-CZ-UPD) Categorically Exempt pursuant to Class 3 Section 15303 (New Construction or Conversion of small structures) 8 BACKGROUND Site characteristics The project site is located at 1445 Tidelands Avenue, shown on the current zoning map as being in the Medium Industrial (IM) zone, and also within the Coastal Zone. The long, narrow, relatively flat parcel is located between Tidelands Avenue to the west and the railroad right-of-way to the east. The recent Land Use Code Update is not active in the Coastal Zone. This is due to the fact that the necessary changes in the City's Local Coastal Plan have not been approved by the Coastal Commission. Therefore, the City's previous zoning would generally apply. In this case the zone would have been MM-CZ (Medium Manufacturing — Coastal Zone) — essentially the same zone. History There are two existing wireless facilities located at the same site; a Sprint facility approved in 2001 and an AT&T facility approved in 2005. Both are faux palm trees and are 40 and 50 feet tall respectively. Along with the respective equipment shelters, the site is also developed with several live palm trees. The quality of landscaping is fairly poor, with ground cover and vegetation sparsely located around the site. Project proposal The applicant proposes to install a 60-foot tall faux palm tree and a 257 square -foot equipment shelter. Tree -mounted equipment includes twelve 6-foot tall panel antennas and a 4-foot diameter microwave dish. The new facility is proposed directly south of the existing facilities. No additional landscaping is proposed, although an existing palm tree would need to be relocated to accommodate the project. The facility also proposes to have an emergency generator in case of power failure. The generator would be on a concrete pad adjacent to the proposed equipment shelter. Analysis The proposal is a good example of a stealth facility, consistent with City policy. The antennas are proposed to project approximately three feet from the tree trunk but will be obscured by the fronds. Wiring between the tree and shelter uses an "ice bridge", which is a conduit between the two. The two existing facilities have underground wiring, consistent with City policy. A condition has been added to require that all wiring between the shelter and the tree trunk shall be placed underground. The equipment shelter would be covered with a smooth stucco coating to match the finish of the existing buildings on -site and would also be surrounded by chain link fence. The proposed shelter structure is similar in size to the existing shelters on -site. The proposed shelter is 24'-6" by 10'-6" feet in size (257 square feet) and approximately 11 feet high. The existing shelters for Sprint and AT&T are around 200 and 300 square 9 feet respectively, and are both 10 feet high. To enhance the site, staff is proposing a condition of approval requiring that the applicant re -plant the areas on -site that have dead/dying or non-existent plant material. There are approximately eight live palm trees in the area of the wireless facilities ranging in height form 19-feet to 50-feet. With the existing palm trees and condition to replant nearby lower -lying landscape material, the proposed 60-foot high faux palm tree is expected to fit in well with the surrounding area. A condition has also been added to encourage the relocated palm tree to be placed south of the proposed site, in order to further screen the faux palm. To be further consistent with City policy, co -location with existing facilities was researched. Based on the 'search ring', the applicant has stated that there was no ability to locate on the existing facility, but was able to locate the proposed facility adjacent to an existing facility on the same site. By locating adjacent to an existing facility, there is greater opportunity to camouflage the mono -palms with the cluster of palm trees and other vegetation. The facility is proposed to improve service between Interstate 5 and the waterfront to the west of the site. Based on the attached Coverage Map, the area currently has limited or weak service. The facility is expected to generate only one to two vehicle trips per month for maintenance staff and is unlikely to have any impacts on local traffic patterns. Local Coastal Plan The project area is not within an area of retained Coastal Commission permit jurisdiction or in an area of appeal jurisdiction. It is also within an area generally exempted from the Coastal Development Permit (CDP) process. However, the required discretionary review (CUP) triggers a public hearing for the CDP also. As part of said discretionary review, the Planning Commission must find that the granting of the CDP is consistent with and implements the Certified Local Coastal Program. The project is compliant with this finding in that it involves a stealth wireless facility, a conditionally - allowed use in the MM-CZ zone, and will not prohibit coastal access or obstruct views. Comments were received from the Building Department and require compliance with current and new 2014 codes. Standard Conditions of Approval for wireless facilities are also included, requiring compliance with local, state, and federal codes, and that any external equipment is painted to match the surface on which it is mounted. Summary The proposed project is consistent with the Land Use Code in that it meets all applicable design requirements for wireless communication facilities. The project is considered 'stealth' and blends in with existing facilities and nearby development. The new facility will help to provide coverage in an area with limited service and provide additional reception for Verizon Wireless customers. 10 RECOMMENDATION Approve 2013-24 CUP, CDP based on attached findings. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions of Approval 3. Location Map 4. Existing Wireless Facilities Map 5. Site Photos 6. Coverage Maps 7. Notice of Exemption 8. Public Hearing Notice (Sent to 8 property owners) 9. Applicant's Plans (Exhibits A and B dated 10/10/2013 Case File No. 2013-24 CUP, CDP) MARTIN REEDER, AICP Principal Planner BRAD RAULSTON Executive Director 11 RECOMMENDED FINDINGS FOR APPROVAL 2013-24 CUP, CDP —1445 Tidelands 1. That the site for the proposed use is adequate in size and shape, since the facility, including the faux palm tree and shelter (257 square feet), can easily be accommodated on the 0.40 acre site, and will not affect surrounding existing uses. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the unmanned wireless communications facility requires only one to two visits each month for routine maintenance, which will have a negligible effect on the adjacent developed streets. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the 60-foot artificial palm tree will adequately screen the twelve panel antennas, and since the landscaping and fencing on -site will provide adequate screening of the equipment shelter from adjacent properties. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Verizon Wireless communications network, resulting in enhanced service for its customers. 5. That the proposed project is consistent with and implements the Certified Local Coastal Program, since the proposed stealth wireless facility, is a conditionally - allowed use in the MM-CZ zone and will not prohibit coastal access or obstruct views. 12 RECOMMENDED CONDITIONS OF APPROVAL 2013-24 CUP, CDP — 1445 Tidelands General 1. This Conditional Use Permit and Coastal Development Permit authorize a wireless communications facility at 1445 Tidelands. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A and B, Case File No. 2013-24 CUP, dated 10/10/2013. Any additional antennas or facilities must be in substantial conformance with the design for installation shown on these plans. 2. Before this Conditional Use Permit and Coastal Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit and Coastal Development 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 and Coastal Development 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. 3.. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.12.040 of the Municipal Code. Building/Fire 5. 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 6. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination. System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the 11 Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 7. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 8. 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. Utilities 9. Prior to any construction or grading activities, the applicant shall coordinate with all utilities with infrastructure in the area to ensure protection of any existing utility services. 10. CaII 800-227-2600 (Underground Service Alert) for mark out prior to any digging activities. Planning 11.AII appropriate and required local, state and/or federal permits must be obtained prior to operation of the wireless communications facility. 12. The dead/dying and non-existent landscape areas on -site shall be re -planted to the satisfaction of the Planning Department. The proposed relocated palm tree shall be placed south of the project area to the extent possible. 13.As part of construction of the proposed driveway to the project, the existing driveway border shall be repaired. Please contact the Planning Department for additional information. 14. The chain link fence shall incorporate vinyl slats in order to match the existing facilities on site. 15.AII exterior equipment (e.g., RRU units, GPS antennas, microwave dish antenna, panel antennas) shall be painted to match the surface on which it is mounted. 16. Exterior walls of buildings/poles to a height of not Tess than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building Official. Graffiti shall be removed within 24 hours of its observance. 17.The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant and the complaining user. This condition in no 14 way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 18. The applicant or operator shall be responsible for the removal and disposal of any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete within six (6) months of discontinuance. 15 Feet 1,375 2,750 5,500 o Wireless facilities in National City Wireless facilities in unincorporated area Wireless Communication Facilities National City Planning Department 2012 FACILITY APN LOCATION PROVIDER FILE NO 1 562-340-44 2434 Southport Urban Comm Rad CUP-1992-11 Radio communication facility (microwave transmitter)- 80-foot tall tower and 8-foot in diameter dish antenna 2 562 340 26 300 W 28th AirTouch CDC Reso 94-28 75-foot monopole with three sector antennas and 450-sa foot eauipment buildina. 562-340-26 300 W 28th Nextel CUP-2003-30 12 antennae on existing communications tower and a 270 square foot equipment enclosure adiacent to existing equipment 4 559-032-02 1215 Wilson Pac Bell CUP-1995-11 Located on roof of existing building. PCS facility- six roof -mounted antennas and two ground -mounted equipment boxes. 5 557-410-03 1645E Plaza Pac Bell CUP--1995-13 Located on roof of Quality Inn. PCSfacility- six panel antennas and equipment cabinet. 6 555-086-11 910 Hoover AirTouch CUP-1995-18 Located on existing building. Cellular facility- three support structures with five panel antennas each, two dish antennas and equipment cabinet 7 556-471-24 801 National City Blvd AT&T CUP-1996-2 Located on roof of Red Lion Hotel. Paging facility- four whip antennas, one global positioning satellite antenna and equipment cabinet. 556-471-24 801 National City Blvd Nextel CUP-1994-8 Located on roof of Red Lion Hotel. ESMR facility- three whip antennas and eauipment cabinet. 556-471-24 801 National City Blvd Pagenet CUP-1996-12 Located on roof of hotel. Paging facility- four antennas and eauipment cabinet one floor down from roof. 556-471-24 801 National City Blvd AT&T CUP-1999-5 Located atop Red Lion Hotel. Wireless communication facility- four antennas and radio base system. 8 554-120-30 2400 E 4th AT&T CUP-1996-4 Located on roof of Paradise Valley Hospital. Paaina facility- four whip antennas, one alobal POsitioninasatellite antenna and e uipment cabinet. 9 559-160-13 1022 W Bay Marin GTE CUP-1996-5 Located on a 360-sa foot building. Cellular facility- 60-foot monopole with twelve panel antennas. 10 563-370-36 3007 Highland Pac Bell CUP-1996-6 Located on existing Super Saver buildina. PCSfacility- six panel antennas and two equipment cabinets. 12 554-050-12 303 Palm AirTouch CUP-1996-8 60-foot hiah monopole with six whip antennas, thirty directional cellular antennas, and three dishes with an eauiDmentcabinet at base. 554-050-12 303 Palm Sprint PCS CUP-2001-10 Located on National Guard Armory property. PCSfacility six antennas in three 40-foot flag poles, one GPS antenna and a new equipment building. 14 564-471-01 3030 Plaza Bonita Rd Nextel CUP-1997-8 Located atop Plaza Bonita sign. ESMRfacilitv- nine antennas and equipment cabinet. 564-471-01 3030 Plaza Bonita Rd Pac Bell CUP-1996-7 Located atop the existing Plaza Bonita sign. PCSfacility- three antennas and two eauiDmentcabinets at base of sign. 16 557-420-36 1840 E 12th Nextel CUP-1999-4 60-foot monopalm on vacant commercial lot. 20 555-082-11 111 W 9th Sprint CUP-2000-9 Located atop 2-story Sid's Camet Barn warehouse. Wireless communication facility- twelve wireless panel antennas and 4-inch GPS antenna. 21 555-030-21 330 National City Blvd GTE CUP-2000-11 Located atop BayTheatre. Wireless communication facility- twelve panel antennas and four equipment cabinets. 22 564-250-50 2435 Sweetwater Sprint CUP-2000-14 Located at Sweetwater Inn. Global Positioning System with nine panel antennas. 30 557-420-36 1905 E Plaza Sprint PCS CUP-2001-3 53 foot tall monopalm with nine panel antennas. PCS Facility with one equipment enclosure and a GPS antenna. 32 556-473-18 242 E 8th AT&T CUP-2001-6 Located atop an existing church. 34 563-370-35 3007 Highland Nextel CUP-2001-12 Located atop Sweetwater Square. New equipment building over trash enclosure, nine panel antennas and one GPS antenna. 36 563-231-38 1914 Sweetwater Cingular CUP-2002-3 Located on an existing 75 foot tall pole sign for the SweetwaterTown and Country Shopping Center. 37 564-310-37 3737 Sweetwater Cingular CUP-2002-4 72 foot tall monopine with standard equipment enclosure 39 556-101-15 241 National City Blvd Cingular CUP-2002-6 12 panel antennas behind four new partial parapet walls atop an existina fumiture store; four equipment cabinets outside 40 558-200-24 2415 E 18th Cingular CUP-2002-13 Panel antennas located inside new liaht standards; equipment located inside existing commercial buildina 41 556-354-13 716 Highland AT&T CUP-2002-14 Six facade mounted panel antennas with equipment on roof of PacBell switching station. Equipment screened to match existing. 44 556-590-61 1019 Highland Sprint PCS CUP-2002-24 6 panel antennas in a new monument sign in the South Bay Plaza shopping center 556-590-61 1019 Highland Cingular CUP-2002-2 Located atop South Bay Plaza on an existing mechanical equipment screen. 51 552-283-11 2323 E Division Sprint CUP-2004-6 3 panelantennasina 9x10x16 roof-mountedcupola 52 560-191-30 1701 D Ave Nextel CUP-2004-12 12 panel antennas on a 57' faux broadleaf tree with 230 square foot equipment enclosure 53 551-570-20 51 N Highland Sprint CUP-2004-15 2 panel antennas in a 45' flagpole with 4 wall -mounted equipment cabinets 55 563-231-39 1914 Sweetwater Nextel PC Reso 20-2002 2 panel antennas in a 45' flagpole with 4 wall -mounted equipment cabinets 57 554-120-24 2701 E 8th Cingular PC Reso 02-2001 Co-locationin churchspire-3 antennas within existing architectural feature 554-120-24 2701 E 8th T-Mobile CUP-2000-19 Located at existing church. Antennas located in a GO-footmonument. 554-120-24 2701 E 8th Sprint CUP-2000-27 12 panel antennas mounted on exterior of self -storage building and painted to match; all equipment located inside of the buildings 554-120-24 2701 E 8th AT&T CUP-2000-19 Located at existing church. Antennas located in a 60-foot monument 58 558-030-30 1035 Harbison Nextel CUP-2005-3 12 panel antennas on a monopalm with 299 SQ.ft. equipment enclosure. 60 556-510-12 914 E 8th Cingular CUP-2005-10 12 panel antennas on 39-ft monopine with 280 sq. ft. equipment shelter 61 559-040-53 1439 Tidelands Cingular CUP-2005-9 12 panel antennas on monopalm with associated equipment shelter 559-040-53 1445 Tidelands Nextel CUP-2000-31 40-footmonopalmwith three sectors of four antennas each and equipment shelter 63 562-200-02 2900 Highland Cingular CUP-2005-12 3 antennas on replacement light standard with associated equipment shelter 64 563-010-47 2605 Highland Cricket CUP-2006-11 3 antennas in new architectural feature of church with associated equipment 563-010-47 2605 Highland Sprint CUP-2002-18 Six panel antennas and equipment inside a new 54 foot tall monument/cross/sign. 65 557-420-31 1900 E Plaza Cricket CUP-2006-6 3 antennas on new faux palm tree with associated equipment 557-420-31 1900 E Plaza Cingular CUP-2004-4 5 panel antennas in a new pole sign at Jimmy's Restaurant 67 561-222-23 1526-40 E 18th T-Mobile CUP-2006-10 12 panel antennas on a new 45-foot tall faux pine tree with associated equipment shelter 68 564-471-07 3030 Plaza Bonita Rd Cingular CUP-2005-24 12 antennas facade mounted to new rooftop enclosure that will house equipment 68 564-471-07 3030 Plaza Bonita Rd Verizon CUP-2003-13 12 panel antennas on the roof of the Plaza Bonita Mall behind a screen wall 69 559-106-17 525 W 20th Cricket CUP-2005-25 3 antennas on existing self storage building painted to match with associated equipment 559-106-17 525 W 20th Sprint CUP-2001-4 Located on existina storaae building. Wireless communication facility- 9 antennas and equipment building. 70 554-050-15 2005 E 4th Cricket PC Reso 09-2003 3 antennas on existing light standard with associated equipment shelter 554-050-15 2005 E 4th Cingular CUP-2003-5 12 panel antennas on a replacement 100 foot light standard in ElTovon park and a 160 square foot equipment enclosure. 554-050-15 2005 E 4th GTE CUP-1998-4 Located in ElTovon Park. Cellular facility- 97'8" monopole with twelve panel antennas, three omni antennas, and 192-sqfoot equipment building. 554-050-15 2005 E 4th Nextel CUP-2005-15 12 panel antennas on a 47-foot tall faux -broadleaf awith 230 sq. ft.equipment shelter 71 564-290-06 3820 Cagle St Cricket PC RESO 10-2004 3 antennas on existing faux pine tree with vaulted equipment shelter 564-290-06 3820 Cagle St Sprint CUP-2001-2 Located at Sweetwater Heights Centennial Park. Wireless communication facility- 35-foot pole with six antennas, equipment building and adiacent liahting for the park. 564-290-06 3820 Cagle St T-Mobile CUP-2004-3 Located at Sweetwater Heights Centennial Park. Wireless communication facility- 55-foot monopine with twelve panel antennas and equipment building 564-290-06 3820 Cagle St Cingular PC Reso 11-2002 Co -location on 55-foot monopine - additional 12 panel antennas and new 275 SQ.ft. equipment vault 72 669-060-26 5800 Boxer Rd Cricket PC RESO 32-2003 3 antennas on existing water tower with associated equipment shelter 669-060-26 5800 Boxer Rd T-Mobile CUP-2003-16 12 panel antennas on the outside of the 0.0. Amold water tank and a 150 square foot equipment enclosure adiacent to the tank 669-060-26 5800 Boxer Rd Sprint PC Reso 32-2003 6 panel antennas on the outside of the 0.0. Arnold water tank and a 360 square foot equipment enclosure adjacent 669-060-26 5800 Boxer Rd Cingular CUP-2005-21 12 panel antennas on the outside of the 0.0. Amold water tank and a 520 square foot equipment enclosure adjacent 73 562-330-43 152 W 33rd Cricket PC Reso 21-2002 3 antennas on existing self storage within matching architectural projection with associated equipment 562-330-43 152 W 33rd Sprint CUP-2002-8 12 panel antenas mounted on exterior of self -storage building and painted to match; all equipment located inside of the 74 555-053-17 700 NCB Cricket PC Reso 05-2000 3 antennas facade mounted to existina hotel with associated equipmen 555-053-17 700 NCB Metricom CUP-2000-4 Located atop Holiday Inn. Wireless communication facility with equipment cabinet. 555-053-17 700 NCB Skytel CUP-2000-30 Located atop Holiday Inn Hotel. - 8-foot whip antenna, two 4x2-foot panel antennas, and one GPS antenna with two indoor equipment cabinets. 75 560-203-03 1800 National City Blvd Nextel CUP-2006-15 15 panel antennas behindscreen wall atop existing car dealership with associated equipment 76 561-360-35 1810 E 22nd Cricket 2007-14 CUP 3 antennas on recration building at Las Palmas Park 561-360-35 1820 E 22nd Sprint-Nextel CUP-2000-8 Located in Las Palmas Park. Monopalm and eauipment along with live palms. 78 560-143-36 1703 Hoover Cleawire 2009-22 CUP 9 antennas located on 3 different locations on industrial/ warehouse building. Each location will have 2 pannel antennas. Associated equiptment will be located in building 79 559-160-33 700 Bay Marina Dr Cleawire 2009-23 CUP 9 antennas on tower of Marina Gateway Plaza commercial building hidden behind parapet wall. 6-foot tall equiptmant cabinent on roof below tower will be mostly covered 80 560-151-20 142 E 16th AT&T 2010-11 CUP 6 panel antennas and RF transparent cupola atop National City Ministry Church, as well as a 330 sq ft equipment/storage/trash enclosure on the ground. The 8-foot tall Cupola will have a cross afixed to it in order to appea as part of the church 81 561-271-01 2005 Highland Ave Plancom 2010-31 CUP 12 antenas on a 43-foot mono -palm on eastem property line 561-271-01 2005 Highland T-Mobile CUP-2003-4 12 antennas on the roof of a Highland Avenue office building 561-271-01 2005 Highland Cingular CUP-2006-2 12 antennas on the roof of a Highland Avenue office building with new cupola to match existing 82 563-184-47 2909 Shelby Dr P95-025 75-foot monopole and equipment building. 83 563-062-17 2524 Prospect St AT&T ZAP99-028 35-foot monopaim with three sector directional antenna system and equipment cabinets. 85 564-310-32 3312 Bonita Heights Lane AT&T ZAP00-133 86 563-063-29 2563 Grove St AT&T MUP91-026W2 86 563-063-29 2563 Grove St P91-026W Monopole located aside live palm trees. WI lV Session: SD LTE 06/122013 Um: zslfnil - Thu Sep 1915:37:38 2013 Default Square Datum: NAD83 Center Let: 32-40 01.27 N Center Lon: 117-06-52.B5 W Celle LN: Call Nemo ■ 8gh1_64 road 7 collector road • secatlery_N9hway LTE RSRP 7CL Clr. RSRP (dBm) • r__75 O >_ -85 • >c -95 • >_ -105 Scala: 124000 GooPlan v6.5.2 Pr... riels and Confidential \p ors 5 i I e Sasebo: SO LTE.09022013 User zedmli Thu Sap 1915:25:39 2013 Desalt square Datum NADS3 Center Lai 32-40-01.27 N Calve Len: 11T-0e-52.95 W Cade LLI: Cal Name O 89h1_da0Y_roee ■ selector road ■ secondary_hlgheas LTE RSRP TCL Clr. RSRP (dam( ■ >= 95 ❑ >= 415 ■ >= -95 ■ = -105 Scab: 124000 GeoPlan v6.5.2 \J\J r` }fin ft 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: 2013-24 CUP, CDP Project Location: 1445 Tidelands Avenue, National City, CA 91950 Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature. Purpose and Beneficiaries of Project: Conditional Use Permit for a wireless communications facility involving a 60-foot faux palm tree on an existing industrial property with two other similar facilities. The project will increase signal strength and service area for Verizon Wireless customers. Applicant: Lisa Mercurio for Verizon Wireless 15505 Sand Canyon Avenue Irvine, CA 92618 Exempt Status: Telephone Number: (858) 248-2461 ® Categorically Exempt pursuant to Class 3 Section 15303 (New Construction or Conversion of small structures) Reasons why project is exempt: There is no possibility that the proposed use will have a significant impact on the environment since the area is in a fully developed industrial area and has two almost identical facilities in the same area. The proposal will not affect use of the property or impact coastal views/access. Date: MARTIN REEDER, AICP Principal Planner 28 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY LOCATED AT 1445 TIDELANDS AVENUE IN THE COASTAL ZONE. CASE FILE NO.: 2013-24 CUP, CDP The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, December 2, 2013, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Verizon Wireless) The project site is located at the northern end of the property adjacent to the railroad right-of- way. The applicant proposes to install 12 panel antennas on a new 60-foot tall faux palm tree and a new 247 square -foot equipment shelter. The time within which judicial review of the City Council action must be sought on this item is governed by Section 1094.6 of the California Government Code of Civil Procedure (CCP). The right to appeal a decision of the City Council is governed by Section 1094.5 of the CCP and Chapter 1.42 of the City of National City Municipal Code. Plans are available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Department on or before 12:00 p.m., December 2, 2013, who can be contacted at 619-336- 4310 or planninq(a.nationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT I�vt"._ BRAD RAULSTON Executive Director 29 RESOLUTION NO. 28-2013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY LOCATED AT 1445 TIDELANDS AVENUE IN THE COASTAL ZONE. APPLICANT: VERIZON WIRELESS CASE FILE NO. 2013-24 CUP, CDP WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit and Coastal Development Permit for a wireless communications facility located at 1445 Tidelands Avenue in the Coastal Zone., at a duly advertised public hearings held on December 2, 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. 2013-24 CUP, CDP 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 December 2, 2013, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the facility, including the faux palm tree and shelter (257 square feet), can easily be accommodated on the 0.40 acre site, and will not affect surrounding existing uses. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the unmanned wireless communications facility requires only one to two visits each month for routine maintenance, which will have a negligible effect on the adjacent developed streets. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the 60-foot artificial palm tree will adequately screen the twelve panel antennas, and since the landscaping and fencing on -site will provide adequate screening of the equipment shelter from adjacent properties. 30 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Verizon Wireless communications network, resulting in enhanced service for its customers. 5. That the proposed project is consistent with and implements the Certified Local Coastal Program, since the proposed stealth wireless facility, is a conditionally - allowed use in the MM-CZ zone and will not prohibit coastal access or obstruct views. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit and Coastal Development Permit authorize a wireless communications facility at 1445 Tidelands. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A and B, Case File No. 2013-24 CUP, dated 10/10/2013. Any additional antennas or facilities must be in substantial conformance with the design for installation shown on these plans. 2. Before this Conditional Use Permit and Coastal Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit and Coastal Development 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 and Coastal Development 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. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the Califomia Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.12.040 of the Municipal Code. Building/Fire 5. 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. 31 Engineering 6. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 7. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 8. 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. Utilities 9. Prior to any construction or grading activities, the applicant shall coordinate with all utilities with infrastructure in the area to ensure protection of any existing utility services. 10. Call 800-227-2600 (Underground Service Alert) for mark out prior to any digging activities. Planning 11. All appropriate and required local, state and/or federal permits must be obtained prior to operation of the wireless communications facility. 12. The dead/dying and non-existent landscape areas on -site shall be re -planted to the satisfaction of the Planning Department. The proposed relocated palm tree shall be placed south of the project area to the extent possible. 13. As part of construction of the proposed driveway to the project, the existing driveway border shall be repaired. Please contact the Planning Department for additional information. 14. The chain link fence shall incorporate vinyl slats in order to match the existing facilities on site. 15.AII exterior equipment (e.g., RRU units, GPS antennas, microwave dish antenna, panel antennas) shall be painted to match the surface on which it is mounted. 16. Exterior walls of buildings/poles to a height of not Tess than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building Official. Graffiti shall be removed within 24 hours of its observance. 17.The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the 32 permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant and the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 18. The applicant or operator shall be responsible for the removal and disposal of any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete within six (6) months of discontinuance. 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 December 2, 2013, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Afrfaie-a,eu,_ CHAIRPERSON 33 r, I E g a a g a Ili ill KS ii r 34 ;.s I I a .IKIOTKTne n IntalMMMA soot n erffuaea MM f -iln. fuel f d.ufE IMMO it PREPARED FOR rr'' vArniagnYiOI P.O.ess BON 1E70 CA n R APPROVALS YC sox R v9[ R 50! M OM Q/N YM R[ OM WOW NM[ n PROJECT NAME TIDELANDS 1445 TIOEIAMOS AVEIIOE NATIONAL CRY, CA MOO SNI NECO COWRY a! aluf,°RAEMOw m yT)Ej w/Ivla MN m I- IE SNEET TITLE BITE ROW n IMEPAPWROlf1an n A-0 mule rtila nr.eq I. MT n-B .R1 IDIIRAY r.� °:,. 111111ERIL No p.m MOM cam maw NO/ nee i icon TERM .. . •. i011; p ntRtLCT01 11 IN[DnONRO en....N NAN �. <.ro. nM.. .- a PREPARED FOR yy��1I01,, Vertialln ess P.O. 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ANTENNA PLAN & DETAILS .1 MOMPAMMORIMP A-6 42 Y 1111 �r�� j �s�" p ! g f�y p€eee eeE pp c min: I TIDELANDS 1445 TIDELANDS AVENUE NATIONAL CITY, CA 91950 LOOKING SOUTHEAST TOWARD SUBJECT SITE verizganwireless SITE PRIOR TO INSTALLATION • SUBJECT SITE NO SCALE 4 _ TIDELANDS 1445 TIDELANDS AVENUE NATIONAL CITY, CA 91950 LOOKING NORTHEAST TOWARD SUBJECT SITE SITE AFTER INSTALLATION SITE PRIOR TO INSTALLATION LOOKING EAST TOWARD SUBJECT SITE SITE AFTER INSTALLATION TIDELANDS 1445 TIDELANDS AVENUE NATIONAL CITY, CA 91950 PROPOSED 60" MONOPALM TREE ED EQUIP GENERA' ovaj No, 1(4 Conditional Use Permit and Coastal Development Permit for a Wireless Facility at 1445 Tidelands Ave. 2013-24 CUP, CDP Location Masi s���cZ) IM-CZ 1� b.a r � J �0 woo w14thst j IM-CZ 15013 nr-r-19 1 Project Site: -. CA FOUC1.r samtiALCITy est. siLe ➢ E side of Tidelands Avenue. > IM zone. > Coastal zone. > Long, narrow parcel between Tidelands and railroad. > Recent LUC Update not active in Coastal Zone. ➢ Previous zoning would apply (MM-CZ). > 2 existing facilities — Sprint (2001), AT&T (2005). .. MFWN r Proposed Use: tigIONALCmt saw ➢ 60-ft faux palm tree. ➢ Twelve 6-ft panel antennas. > 4-ft microwave dish. ➢ Facility proposed south of existing facilities. ➢ No additional landscaping — existing palm to be relocated. > 257 ft2 equipment shelter. > Emergency generator. 3 Proposed: Analysis: •-06L1000MM+ NOIONALCor (,&i„) ➢ Stealth facility — other faux and live palms. ➢ Antennas obscured by fronds. ➢ Wiring via "ice bridge". ➢ Existing facilities have underground wiring. (condition) ➢ Equipment shelter matches existing. ➢ Chain link fence. ➢ Facility under 60' height limit in IM/MM zone. 4 Analysis: NATiortuan • . CALIiMAIA Local Coastal Plan > Project not within special coastal area: > Area of retained Coastal Commission permit jurisdiction; ➢ Area of appeal jurisdiction. > Generally exempted from the CDP process. > CUP triggers public hearing for CDP also. ➢ Finding — "Granting of the CDP is consistent with and implements the Certified Local Coastal Program." > Project compliant (stealth, permitted use in IM/MM zone, no prohibition of coastal access/views. Summary: > Stealth facility per City policy. ➢ Meets applicable standards. > Facility will provide expanded service to Verizon customers. > Conditions of Approval will ensure that facility functions effectively/consistent with existing facilities. ➢ No impact to surrounding uses. 5 g CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 17, 2013 AGENDA ITEM NO.1i5 ITEM TITLE: ,Public Hearing — Conditional Use Permit for a Wireless Communications Facility located at 2575 East 8`h Street. (Applicant: Verizon Wireless) (Case File 2013-26 CUP) PREPARED BY: Martin Reeder, AICP DEPARTMENT: !Plan_ PHONE: 336-4313 APPROVED BY: EXPLANATION: rThe applicant proposes to install a 60-foot tall faux pine tree and 195 square-f.requipment shelter on the Paradise Valley Hospital campus, on a property developed with a two-story skilled nursing facility and a parking lot. Council reviewed the Notice of Decision of the Planning Commission's approval at their meeting of December 17, 2013 and set the item for hearing in order to discuss the item. The attached background 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. 1 BOARD / COMMISSION RECOMMENDATION: tThe Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, Bush, DeLaPaz, Flores, Garcia Absent: Pruitt! ATTACHMENTS: 1. Background Report 5. Planning Commission Staff Report. 2. Recommended Findings for Approval 6. PC Resolution No. 29-2013 3. Recommended Conditions of Approval 7. Reduced Plans 4. Location Map BACKGROUND REPORT The project site is located at 2575 E. 8th Street on the Paradise Valley Hospital campus in the Institutional (I) zone. The subject property is developed with a two-story skilled nursing facility and a parking lot. The property directly adjacent to the nursing facility slopes downward towards the interior of the lot. The applicant proposes to install a 60-foot tall faux pine tree and an approximately 195 square -foot equipment shelter. The 11'-6" by 16'-10" shelter would be approximately 9 feet high and constructed of block. It would be built into the slope and exposed on two sides. An electrical generator would be installed on a concrete pad adjacent to the proposed equipment shelter. Tree -mounted equipment includes twelve 6-foot tall panel antennas and a 4-foot diameter microwave dish. The facility is proposed approximately 55 feet to the east of the assisted living center. Additional landscaping is proposed in the form of additional trees to help screen the faux tree. The proposal is a good example of a stealth facility, consistent with City policy. The antennas are proposed to project approximately three feet from the tree trunk but will be obscured by tree branches. There are a variety of tree types and heights in the area of the proposed wireless facility. The proposed 60-foot high faux pine tree is expected to fit in well with the surrounding landscaping. To be further consistent with City policy, co -location with existing facilities was researched. Based on the 'search ring', the applicant has stated that there was no ability to locate on existing facilities nearby. The facility is proposed to improve service in the area surrounding the hospital. Based on the attached Coverage Map, the area currently has limited or weak service. The facility is expected to generate only one to two vehicle trips per month for maintenance staff and is unlikely to have any impacts on local traffic patterns. Comments were received from the Building Department and require compliance with current and new 2014 codes. Standard Conditions of Approval for wireless facilities are also included, requiring compliance with local, state, and federal codes, and that any external equipment is painted to match the surface on which it is mounted. Planning Commission conducted a public hearing on December 2, 2013. Commissioners asked questions regarding conditions of approval and the stealth design of the facility. The Commission voted to approve the Conditional Use Permit based on required findings and subject to Conditions of Approval. Council reviewed the Notice of Decision of the Planning Commission's approval at their meeting of December 17, 2013 and set the item for hearing in order to discuss the item. The attached background report describes the proposal in detail. The proposed project is consistent with the Land Use Code in that it meets all applicable design requirements for wireless communication facilities. The project is considered 'stealth' and blends in with existing facilities and nearby development. The new facility will help to provide coverage in an area with limited service and provide additional reception for Verizon Wireless customers. RECOMMENDED FINDINGS FOR APPROVAL 2013-26 CUP — 2575 E. 8ch Street 1. That the site for the proposed use is adequate in size and shape, since the facility, including the faux pine tree and shelter (195 square feet), can easily be accommodated on the 7.21 acre site, and will not affect surrounding existing uses. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the unmanned wireless communications facility requires only one to two visits each month for routine maintenance, which will have a negligible effect on the adjacent developed streets. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the 60-foot faux pine tree will adequately screen the twelve panel antennas, and since the landscaping and fencing on -site will provide adequate screening of the equipment shelter from adjacent properties. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Verizon Wireless communications network, resulting in enhanced service for its customers. 2 RECOMMENDED CONDITIONS OF APPROVAL 2013-26 CUP — 2575 E. 8th Street General 1. This Conditional Use Permit authorizes a wireless communications facility at 2575 E. 8th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A and B, Case File No. 2013- 26 CUP, dated 10/10/2013. Any additional antennas or facilities must be in substantial conformance with the design for installation shown on these plans. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning 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. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the Califomia Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.12.040 of the Municipal Code. Buildina/Fire 5. Plans submitted for improvements in 2013 must comply with the 2010 edition of the Califomia 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 6. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff 3 Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 7. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 8. 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. Utilities 9. Prior to any construction or grading activities, the applicant shall coordinate with all utilities with infrastructure in the area to ensure protection of any existing utility services. 10. Call 800-227-2600 (Underground Service Alert) for mark out prior to any digging activities. Planning 11. All appropriate and required local, state and/or federal permits must be obtained prior to operation of the wireless communications facility. 12. The exterior material and colors of the equipment shelter must match the existing buildings. 13. AII exterior equipment (e.g., RRU units, GPS antennas, microwave dish antenna, panel antennas) shall be painted to match the surface on which it is mounted. 14. Exterior walls of buildings/poles to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building Official. Graffiti shall be removed within 24 hours of its observance. 15. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant and the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 16.The applicant or operator shall be responsible for the removal and disposal of any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete within six (6) months of discontinuance. 4 m c 0 a co E 4th St Zone Boundary Project Location APN: 554-280-06 E 8th St v O 0 E 7th St °I° CT) 03 820 I Feet 0 125 250 500 Planning Commission Location Map co Cl) 2013-26 CUP 11.20.13 5 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA -91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: APN: Staff report by: Applicant: Property Owner: Parcel size: Plans prepared by: Combined General Plan/ Zoning designation: Item no. 5 December 2, 2013 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY LOCATED AT 2575 E. 8TH STREET. 2013-26 CUP Paradise Valley Manor and Health Care Center 554-280-06 Michael Fellows — Planning Technician Verizon Wireless Prime Healthcare Services Foundation 7.21 acres Booth & Suarez Architects Institutional (I) Adjacent Land Use / Zoning: North: East: South: West: Environmental review: Hospital Property / I Church / I Multifamily Residential across 8th Street / MXD-1 Hospital Parking lot I Categorically Exempt pursuant to Class 3 Section 15303 (New Construction or Conversion of small structures) 6 BACKGROUND Site characteristics The project site is located at 2575 E. 8th Street on the Paradise Valley Hospital campus in the Institutional (I) zone. The subject property is developed with a two-story skilled nursing facility and a parking lot. The property directly adjacent to the nursing facility slopes downward towards the interior of the lot. Project proposal The applicant proposes to install a 60-foot tall faux pine tree and an approximately 195 square -foot equipment shelter. The 11'-6" by 16'-10" shelter would be approximately 9 feet high and constructed of block. It would be built into the slope and exposed on two sides. An electrical generator would be installed on a concrete pad adjacent to the proposed equipment shelter. A chain link fence would surround the entire facility. Tree -mounted equipment includes twelve 6-foot tall panel antennas and a 4-foot diameter microwave dish. The facility is proposed approximately 55 feet to the east of the assisted living center. No additional landscaping is proposed. Analysis The proposal is a good example of a stealth facility, consistent with City policy. The antennas are proposed to project approximately three feet from the tree trunk but will be obscured by tree branches. Wiring between the tree and shelter uses an "ice bridge", which is a conduit between the two. A condition has been added to require that all wiring between the shelter and the tree trunk shall be placed underground and that the equipment shelter be finished with a materials and colors similar to the existing buildings on -site. There are a variety of tree types and heights in the area of the proposed wireless facility. The proposed 60-foot high faux pine tree is expected to fit in well with the surrounding landscaping. To be further consistent with City policy, co -location with existing facilities was researched. Based on the 'search ring', the applicant has stated that there was no ability to locate on existing facilities nearby. The facility is proposed to improve service in the area surrounding the hospital. Based on the attached Coverage Map, the area currently has limited or weak service. The facility is expected to generate only one to two vehicle trips per month for maintenance staff and is unlikely to have any impacts on local traffic patterns. Comments were received from the Building Department and require compliance with current and new 2014 codes. Standard Conditions of Approval for wireless facilities are 7 also included, requiring compliance with local, state, and federal codes, and that any external equipment is painted to match the surface on which it is mounted. Summary The proposed project is consistent with the Land Use Code in that it meets all applicable design requirements for wireless communication facilities. The project is considered 'stealth' and blends in with existing facilities and nearby development. The new facility will help to provide coverage in an area with limited service and provide additional reception for Verizon Wireless customers. RECOMMENDATION Approve 2013-26 CUP based on attached findings. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions of Approval 3. Location Map 4. Existing Wireless Facilities Map 5. Site Photos 6. Coverage Maps 7. Notice of Exemption 8. Public Hearing Notice (Sent to 28 property owners) 9. Applicant's Plans (Exhibit A 10/11/2013 Case File No. 2013-26 CUP) rt. 7X1,4 MICHAEL FELLOWS Planning Technician BRAD RAULSTON Executive Director 8 RECOMMENDED FINDINGS FOR APPROVAL 2013-26 CUP — 2575 E. 8th Street 1. That the site for the proposed use is adequate in size and shape, since the facility, including the faux pine tree and shelter (195 square feet), can easily be accommodated on the 7.21 acre site, and will not affect surrounding existing uses. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the unmanned wireless communications facility requires only one to two visits each month for routine maintenance, which will have a negligible effect on the adjacent developed streets. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the 60-foot faux pine tree will adequately screen the twelve panel antennas, and since the landscaping and fencing on -site will provide adequate screening of the equipment shelter from adjacent properties. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Verizon Wireless communications network, resulting in enhanced service for its customers. 9 RECOMMENDED CONDITIONS OF APPROVAL 2013-26 CUP — 2575 E. 8th Street General 1. This Conditional Use Permit authorizes a wireless communications facility at 2575 E. 8th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A and B, Case File No. 2013- 26 CUP, dated 10/10/2013. Any additional antennas or facilities must be in substantial conformance with the design for installation shown on these plans. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning 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. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.12.040 of the Municipal Code. Building/Fire 5. 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 6. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff 10 Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 7. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 8. 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. Utilities 9. Prior to any construction or grading activities, the applicant shall coordinate with all utilities with infrastructure in the area to ensure protection of any existing utility services. 10. Call 800-227-2600 (Underground Service Alert) for mark out prior to any digging activities. Planning 11. All appropriate and required local, state and/or federal permits must be obtained prior to operation of the wireless communications facility. 12.The chain link fence shall incorporate vinyl slats in order screen the equipment shelter and generator. 13. The exterior material and colors of the equipment shelter must match the existing buildings. 14.AII exterior equipment (e.g., RRU units, GPS antennas, microwave dish antenna, panel antennas) shall be painted to match the surface on which it is mounted. 15. Exterior walls of buildings/poles to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building Official. Graffiti shall be removed within 24 hours of its observance. 16.The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant and the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 17. The applicant or operator shall be responsible for the removal and disposal of any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete within six (6) months of discontinuance. 11 Feet 1,375 2,750 5,500 O Wireless facilities in National City n Wireless facilities in unincorporated area Wireless Communication Facilities National City Planning Department 2012 FACILITY APN LOCATION PROVIDER FILE_NO_ 1 562-340-44 2434 Southport Urban Comm Rad CUP-1992-11 Radio communication facility (microwave transmitter)- 80-foot tall tower and 8-foot in diameter dish antenna 2 562 340 26 300 W 28th AirTouch CDC Reso 94-28 75-foot monopole with three sector antennas and 450-sa foot eauipment buildina. 562-340-26 300 W 28th Nextel CUP-2003-30 12 antennae on existing communications tower and a 270 square foot equipment enclosure adiacent to existing equipment 4 559-032-02 1215 Wilson Pac Bell CUP-1995-11 Located on roof of existina building. PCS facility- six roof -mounted antennas and two ground -mounted equipment boxes. 5 557-410-03 1645 E Plaza Pac Bell CUP--1995-13 Located on roof of Quality Inn. PCSfacilitv- six panel antennas and equipment cabinet. 6 555-086-11 910 Hoover AirTouch CUP-1995-18 Located on existing building. Cellular facility- three support structures with five panel antennas each, two dish antennas and equipment cabinet 7 556-471-24 801 National City Blvd AT&T CUP-1996-2 Located on roof of Red Lion Hotel. Paging facility- four whip antennas, one global positioning satellite antenna and equipment cabinet. 556-471-24 801 National City Blvd Nextel CUP-1994-8 Located on roof of Red Lion Hotel. ESMR facility- three whip antennas and eauipment cabinet. 556-471-24 801 National City Blvd Pagenet CUP-1996-12 Located on roof of hotel. Paging facility- four antennas and eauipment cabinet one floor down from roof. 556-471-24 801 National City Blvd AT&T CUP-1999-5 Located atop Red Lion Hotel. Wireless communication facility- four antennas and radio base system. 8 554-120-30 2400 E 4th AT&T CUP-1996-4 Located on roof of Paradise Valley Hospital. Paaina facility- four whip antennas, one alobal POsitioninasatellite antenna and equipment cabinet. 9 559-160-13 1022 W Bay Marin GTE CUP-1996-5 Located on a 360-sa foot building. Cellular facility- 60-foot monopole with twelve panel antennas. 10 563-370-36 3007 Highland Pac Bell CUP-1996-6 Located on existing Super Saver buildina. PCSfacility- six panel antennas and two equipment cabinets. 12 554-050-12 303 Palm AirTouch CUP-1996-8 60-foot hiah monopole with six whip antennas, thirty directional cellular antennas, and three dishes with an eauiDmentcabinet at base. 554-050-12 303 Palm Sprint PCS CUP-2001-10 Located on National Guard Armory property. PCSfacility six antennas in three 40-foot flag poles, one GPS antenna and a new equipment building. 14 564-471-01 3030 Plaza Bonita Rd Nextel CUP-1997-8 Located atop Plaza Bonita sign. ESMRfacility- nine antennas and equipment cabinet. 564-471-01 3030 Plaza Bonita Rd Pac Bell CUP-1996-7 Located atop the existing Plaza Bonita sign. PCSfacility- three antennas and two eauiDmentcabinets at base of sign. 16 557-420-36 1840 E 12th Nextel CUP-1999-4 60-foot monopalm on vacant commercial lot. 20 555-082-11 111 W 9th Sprint CUP-2000-9 Located atop 2-story Sid's Camet Barn warehouse. Wireless communication facility- twelve wireless panel antennas and 4-inch GPS antenna. 21 555-030-21 330 National City Blvd GTE CUP-2000-11 Located atop BayTheatre. Wireless communication facility- twelve panel antennas and four equipment cabinets. 22 564-250-50 2435 Sweetwater Sprint CUP-2000-14 Located at Sweetwater Inn. Global Positioning System with nine panel antennas. 30 557-420-36 1905 E Plaza Sprint PCS CUP-2001-3 53 foot tall monopalm with nine panel antennas. PCS Facility with one equipment enclosure and a GPS antenna. 32 556-473-18 242 E 8th AT&T CUP-2001-6 Located atop an existing church. 34 563-370-35 3007 Highland Nextel CUP-2001-12 Located atop Sweetwater Square. New equipment building over trash enclosure, nine panel antennas and one GPS antenna. 36 563-231-38 1914 Sweetwater Cingular CUP-2002-3 Located on an existing 75 foot tall pole sign for the SweetwaterTown and Country Shopping Center. 37 564-310-37 3737 Sweetwater Cingular CUP-2002-4 72 foot tall monopine with standard equipment enclosure 39 556-101-15 241 National City Blvd Cingular CUP-2002-6 12 panel antennas behind four new partial parapet walls atop an existina fumiture store; four equipment cabinets outside 40 558-200-24 2415 E 18th Cingular CUP-2002-13 Panel antennas located inside new liaht standards; equipment located inside existing commercial buildina 41 556-354-13 716 Highland AT&T CUP-2002-14 Six facade mounted panel antennas with equipment on roof of PacBell switching station. Equipment screened to match existing. 44 556-590-61 1019 Highland Sprint PCS CUP-2002-24 6 panel antennas in a new monument sign in the South Bay Plaza shopping center 556-590-61 1019 Highland Cingular CUP-2002-2 Located atop South Bay Plaza on an existing mechanical equipment screen. 51 552-283-11 2323 E Division Sprint CUP-2004-6 3 panelantennasina 9x10x16 roof-mountedcupola 52 560-191-30 1701 D Ave Nextel CUP-2004-12 12 panel antennas on a 57' faux broadleaf tree with 230 square foot equipment enclosure 53 551-570-20 51 N Highland Sprint CUP-2004-15 2 panel antennas in a 45' flagpole with 4 wall -mounted equipment cabinets 55 563-231-39 1914 Sweetwater Nextel PC Reso 20-2002 2 panel antennas in a 45' flagpole with 4 wall -mounted equipment cabinets 57 554-120-24 2701 E 8th Cingular PC Reso 02-2001 Co-locationin churchspire-3 antennas within existing architectural feature 554-120-24 2701 E 8th T-Mobile CUP-2000-19 Located at existing church. Antennas located in a GO-footmonument. 554-120-24 2701 E 8th Sprint CUP-2000-27 12 panel antennas mounted on exterior of self -storage building and painted to match; all equipment located inside of the buildings 554-120-24 2701 E 8th AT&T CUP-2000-19 Located at existing church. Antennas located in a 60-foot monument 58 558-030-30 1035 Harbison Nextel CUP-2005-3 12 panel antennas on a monopalm with 299 SQ.ft. equipment enclosure. 60 556-510-12 914 E 8th Cingular CUP-2005-10 12 panel antennas on 39-ft monopine with 280 sq. ft. equipment shelter 61 559-040-53 1439 Tidelands Cingular CUP-2005-9 12 panel antennas on monopalm with associated equipment shelter 559-040-53 1445 Tidelands Nextel CUP-2000-31 40-footmonopalmwith three sectors of four antennas each and equipment shelter 63 562-200-02 2900 Highland Cingular CUP-2005-12 3 antennas on replacement Tight standard with associated equipment shelter 64 563-010-47 2605 Highland Cricket CUP-2006-11 3 antennas in new architectural feature of church with associated equipment 563-010-47 2605 Highland Sprint CUP-2002-18 Six panel antennas and equipment inside a new 54 foot tall monument/cross/sign. 65 557-420-31 1900 E Plaza Cricket CUP-2006-6 3 antennas on new faux palm tree with associated equipment 557-420-31 1900 E Plaza Cingular CUP-2004-4 5 panel antennas in a new pole sign at Jimmy's Restaurant 67 561-222-23 1526-40 E 18th T-Mobile CUP-2006-10 12 panel antennas on a new 45-foot tall faux pine tree with associated equipment shelter 68 564-471-07 3030 Plaza Bonita Rd Cingular CUP-2005-24 12 antennas facade mounted to new rooftop enclosure that will house equipment 68 564-471-07 3030 Plaza Bonita Rd Verizon CUP-2003-13 12 panel antennas on the roof of the Plaza Bonita Mall behind a screen wall 69 559-106-17 525 W 20th Cricket CUP-2005-25 3 antennas on existing self storage building painted to match with associated equipment 559-106-17 525 W 20th Sprint CUP-2001-4 Located on existina storaae building. Wireless communication facility- 9 antennas and equipment building. 70 554-050-15 2005 E 4th Cricket PC Reso 09-2003 3 antennas on existing light standard with associated equipment shelter 554-050-15 2005 E 4th Cingular CUP-2003-5 12 panel antennas on a replacement 100 foot light standard in EITovon park and a 160 square foot equipment enclosure. 554-050-15 2005 E 4th GTE CUP-1998-4 Located in ElTovon Park. Cellular facility- 97'8" monopole with twelve panel antennas, three omni antennas, and 192-sqfoot equipment building. 554-050-15 2005 E 4th Nextel CUP-2005-15 12 panel antennas on a 47-foot tall faux -broadleaf awith 230 sq. ft.equipment shelter 71 564-290-06 3820 Cagle St Cricket PC RESO 10-2004 3 antennas on existing faux pine tree with vaulted equipment shelter 564-290-06 3820 Cagle St • Sprint CUP-2001-2 Located at Sweetwater Heights Centennial Park. Wireless communication facility- 35-foot pole with six antennas, equipment building and adiacent liahting for the park. 564-290-06 3820 Cagle St T-Mobile CUP-2004-3 Located at Sweetwater Heights Centennial Park. Wireless communication facility- 55-foot monopine with twelve panel antennas and equipment building 564-290-06 3820 Cagle St Cingular PC Reso 11-2002 Co -location on 55-foot monopine - additional 12 panel antennas and new 275 SQ.ft. equipment vault 72 669-060-26 5800 Boxer Rd Cricket PC RESO 32-2003 3 antennas on existing water tower with associated equipment shelter 669-060-26 5800 Boxer Rd T-Mobile CUP-2003-16 12 panel antennas on the outside of the 0.0. Arnold water tank and a 150 square foot equipment enclosure adiacent to the tank 669-060-26 5800 Boxer Rd Sprint PC Reso 32-2003 6 panel antennas on the outside of the 0.0. Amold water tank and a 360 square foot equipment enclosure adjacent 669-060-26 5800 Boxer Rd Cingular CUP-2005-21 12 panel antennas on the outside of the 0.0. Arnold water tank and a 520 square foot equipment enclosure adjacent 73 562-330-43 152 W 33rd Cricket PC Reso 21-2002 3 antennas on existing self storage within matching architectural projection with associated equipment 562-330-43 152 W 33rd Sprint CUP-2002-8 12 panel antenas mounted on exterior of self -storage building and painted to match; all equipment located inside of the 74 555-053-17 700 NCB Cricket PC Reso 05-2000 3 antennas facade mounted to existina hotel with associated equipmen 555-053-17 700 NCB Metricom CUP-2000-4 Located atop Holiday Inn. Wireless communication facility with equipment cabinet. 555-053-17 700 NCB Skytel CUP-2000-30 Located atop Holiday Inn Hotel. - 8-foot whip antenna, two 4x2-foot panel antennas, and one GPS antenna with two indoor equipment cabinets. 75 560-203-03 1800 National City Blvd Nextel CUP-2006-15 15 panel antennas behindscreen wall atop existing car dealership with associated equipment 76 561-360-35 1810 E 22nd Cricket 2007-14 CUP 3 antennas on recration building at Las Palmas Park 561-360-35 1820 E 22nd Sprint-Nextel CUP-2000-8 Located in Las Palmas Park. Monopalm and eauipment along with live palms. 78 560-143-36 1703 Hoover Cleawire 2009-22 CUP 9 antennas located on 3 different locations on industrial/ warehouse building. Each location will have 2 pannel antennas. Associated equiptment will be located in building 79 559-160-33 700 Bay Marina Dr Cleawire 2009-23 CUP 9 antennas on tower of Marina Gateway Plaza commercial building hidden behind parapet wall. 6-foot tall equiptmant cabinent on roof below tower will be mostly covered 80 560-151-20 142E 16th AT&T 2010-11 CUP 6 panel antennas and RF transparent cupola atop National City Ministry Church, as well as a 330 sq ft equipment/storage/trash enclosure on the ground. The 8-foot tall Cupola will have a cross afixed to it in order to appea as part of the church 81 561-271-01 2005 Highland Ave Plancom 2010-31 CUP 12 antenas on a 43-foot mono -palm on eastern property line 561-271-01 2005 Highland T-Mobile CUP-2003-4 12 antennas on the roof of a Highland Avenue office building 561-271-01 2005 Highland Cingular CUP-2006-2 12 antennas on the roof of a Highland Avenue office building with new cupola to match existing 82 563-184-47 2909 Shelby Dr P95-025 75-foot monopole and equipment building. 83 563-062-17 2524 Prospect St AT&T ZAP99-028 35-foot monopalm with three sector directional antenna system and equipment cabinets. 85 564-310-32 3312 Bonita Heights Lane AT&T ZAP00-133 86 563-063-29 2563 Grove St AT&T MUP91-026W2 86 563-063-29 2563 Grove St P91-026W Monopole located aside live palm trees. 4,N 1- Looking West at Site from access • N 9 - Looking South at equipment & generator site 10 - Looking Northwest to faux tree location (close-up) Without Site "" Session: SO LTE_59292013MWM User ielfM1 Oaladt Squareav iSlif Wed Oct 910:29:572013 Oaten, Nn093 Center Lot 32-40.5247 N Center UM 117-044371 W Cells Ld: Cell Name • ad_lipntduly_ruad • cdlector road • 4•00.1dIly_highatty LTE RSRP 7CL CIE RSRP (dBrn) • >=_75 x-05 • r_-95 • a-_105 Scab: 124000 varingrolitess GeoPlan v6.5.2 Proprietary and Confidential �t 1oLtrt rA(-1((-r`1 With Site Session SD LTE_09292513 Veer. zellmit Wed Oct 910,21.092013 Defatat Square Datum: NAD93 Center Let: 32-4052.47 N Center tart 117-04-43.71 W Cells tb: Cell Name ■ ed_ gtd_dWy_road LIE RSRP 7CL Clr RSRP (dBln) • >=-75 ❑>=A5 • >=-95 • >- -105 Seale' 1:24000 GeoPlan v6.5.2 and Con0den0al a rail ban atonal 1 (,J (TH A U Lfivi 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: 2013-26 CUP Project Location: 2575 E. 8th Street Contact Person: Michael Fellows Telephone Number: (619) 336-4315 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for a wireless communications facility involving a 60-foot faux palm tree on an existing property developed with assisted living facility. The project will increase signal strength and service area for Verizon Wireless customers. Applicant: Lisa Mercurio for Verizon Wireless 15505 Sand Canyon Avenue Irvine, CA 92618 Exempt Status: Telephone Number: (858) 248-2461 ® Categorically Exempt pursuant to 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 wireless telecommunications facility will occupy only a small portion of the 7.2 acre property, will be effectively screened, and will not affect use of the property. Date: MICHAEL FELLOWS Planning Technician 25 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT 2575 E. 8TH STREET. CASE FILE NO.: 2013-26 CUP APN: 554-280-06 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, December 2, 2013, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Verizon Wireless) The applicant proposes a new wireless telecommunications facility with a 60-foot tall, faux pine tree that includes 12 panel antennas and a microwave dish. A concrete block enclosure (195 square feet) would house associated equipment. Information is available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 12:00 p.m., December 2, 2013, who can be contacted at 619-336-4310 or planning@nationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT f BRAD RAULSTON Executive Director 26 RESOLUTION NO. 29-2013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY LOCATED AT 2575 E. 8TH STREET. APPLICANT: VERIZON WIRELESS CASE FILE NO. 2013-26 CUP WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a wireless communications facility located at 2575 East 8th Street, at a duly advertised public hearings held on December 2, 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. 2013-26 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 December 2, 2013, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the facility, including the faux pine tree and shelter (195 square feet), can easily be accommodated on the 7.21 acre site, and will not affect surrounding existing uses. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the unmanned wireless communications facility requires only one to two visits each month for routine maintenance, which will have a negligible effect on the adjacent developed streets. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the 60-foot faux pine tree will adequately screen the twelve panel antennas, and since the landscaping and fencing on -site will provide adequate screening of the equipment shelter from adjacent properties. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Verizon Wireless communications network, resulting in enhanced service for its customers. 27 BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes a wireless communications facility at 2575 E. 8th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A and B, Case File No. 2013- 26 CUP, dated 10/10/2013. Any additional antennas or facilities must be in substantial conformance with the design for installation shown on these plans. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning 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. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.12.040 of the Municipal Code. Building/Fire 5. Plans submitted for improvements in 2013 must comply with the 2010 edition of the Califomia 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 6. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 28 7. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 8. 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. Utilities 9. Prior to any construction or grading activities, the applicant shall coordinate with all utilities with infrastructure in the area to ensure protection of any existing utility services. 10. Call 800-227-2600 (Underground Service Alert) for mark out prior to any digging activities. Planning 11. Alt appropriate and required local, state and/or federal permits must be obtained prior to operation of the wireless communications facility. 12. The chain link fence shall incorporate vinyl slats in order screen the equipment shelter and generator. 13. The exterior material and colors of the equipment shelter must match the existing buildings. 14.All exterior equipment (e.g., RRU units, GPS antennas, microwave dish antenna, panel antennas) shall be painted to match the surface on which it is mounted. 15. Exterior walls of buildings/poles to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building Official. Graffiti shall be removed within 24 hours of its observance. 16. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant and the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 17. The applicant or operator shall be responsible for the removal and disposal of any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete within six (6) months of discontinuance. 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 24 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 December 2, 2013, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: ()-,1.,,cUel.— CHAIRPERSON 30 VICINITY MAP WOWS SUM PAS& 1200 - 07 ADDRESS OO MST DRNear I10I014 M0...n 000 DIRECTON& rpm mos Awe OM. ME. OWL D01/1 000 1NRxaWT TOM. OI. OMyea cum. ,1. a Pam 00N RRL 1.4. MPO WI ROE IRO.( MI. L4 3 MIX 000 M S UM RIC11.VALLAm[. R!I IN 000 L RAL OM 10111R1 1. 0100011 ON no IOIR.4} MIT 01I0 (. SP.AI F M OAR. 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EUCLID 2575 EAST RTN STREET NATIONAL CITY, CA 97950 SAN DIEGO COUNTY DNAWINO DATES 10/011/1S leas se I. SHEET EIRE SITE PLAN in MNRRAYVR[.l. ISM .9 A-0 FAO9l0 Rki PD} TM. (Mal rec. ern. E®IM Tlt u1 MY 79W 'AG ENIMPPLARGED SITE PLAN 06l 7RCIMEC10 ( ., mrollroenm sge 4e MIM( e4 CND.. ea 9aWe Ye 06.,a„".a PP PREPARED RR P.D. 60% 1970J IR19NE. CA 92623-970J (949) 096-7000 PROJECT NAME E. 8TH & S. EUCLID ASPS EAST 901 STREET NATIONAL CITY. CA 019S0 SAN 0IEG0 COURTS SHEET TITLE ENLARGED SITE PLAN P961(CrAIORUf.I3Rke O ENLARGED AREA PLAN NOTES: m1AD0wxi BMRE ® ProDm woo. lamas DwEwE IrwMa awmaw .cco M % 0.0.1 cwummR COW. n 10.. w COMMIE MOM wu P0•pp40 N. wawa 00002 r0Imam 3 r1WG[Ie n es ru. Q mac., na1Eax ar75.r 4 w 0E.r.w mar mow, ® Poe.HNm mm a a.. E w 00E ...run n .. ® Mwp® cox CM.Nw017 T. 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EUCLID 2575 EAST BIM STREET NATIONAL CITY, CA 91830 SAN UIEGO COUNTY n DRAWING DATES •A SNEET IRIS ENLARGED AREA PLAN n 0D0af0.¢D*.13:10.3 A-2 NOf a OONM MNEON AMAta MAMA r-r _KINN wni m RAsAMM_ NOPom MNOA want N6M104Im IOUNNt murmur N O MA NI .N gIImARIR OCRtf PINA NL dllN➢ NM . SAWN tl1596H 1 COMA. a.caw . N911N^A7I11j111 NORTH ELEVATION EAST ELEVATION Nr IM.N AMNION WRpI wws /IMAM IdMEI TO IMAM NA, No. tOLLOM 996E75 MOHAIR ccorresco .-cor VON. 'Mani MJWNL AI NON INwsa 10 PNENaa Wd NAN YANMY Mani MMIMC IO ©NEWI MMA NN 11•-YIr-IC CH A 10.$41-41. t ENOaE 19D. 1EF AMID SALMI RNAMa SNIT M WEST ELEVATION ARMOND 4-0. 9E 01* MEAN WPMNc ANON MO N,a TO PROPOSED Vd MM N ANA* al01ni NIUMiE. NoP00 M6g11Rom,rr•.,r-,r ON A MF'IRINANM[W WRMOM NO. dMRJM MANN> SWATH 1.I6090 NINON Ap . N1E4I0 IMMO TOMRMm 00•d ha CHOWN 601ESS I4310100 n-Mma r-r MOON MONO N ARA. 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SITE AFTER INSTALLATION CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: ;January 21, 20141 AGENDA ITEM NO. 6 ITEM TITLE: Resolution of the City Council of National City approving a Conditional Use Permit and Coastal Development Permit for a Wireless Communications Facility located at 1445 Tidelands Avenue. (Applicant: Verizon Wireless) (Case File 2013-24 CUP, CDP) PREPARED BY: Martin Reeder, AICPi DEPARTMENT: PHONE: 1336-4313 APPROVED BY: EXPLANATION: The City Council conducted a public hearing on this item at the January 21, 2 attached resolution is needed to take action on the item. City Council meeting. The FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: IN/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: 'Adopt the Resolution BOARD 1 COMMISSION RECOMMENDATION: ATTACHMENTS: Resolution RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY LOCATED AT 1445 TIDELANDS AVENUE IN THE COASTAL ZONE APPLICANT: VERIZON WIRELESS CASE FILE NO. 2013-24 CUP, CDP APN: 559-040-53 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit and Coastal Development Permit for a wireless communications facility located at 1445 Tidelands Avenue in the Coastal Zone at a duly advertised public hearing held on December 2, 2013, at which time the City Council considered evidence; and WHEREAS, at said public hearing the City Council considered the staff report provided for Case File No. 2013-24 CUP, CDP, which is maintained by the City and incorporated herein by reference, along with any other evidence presented at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the evidence presented to the City Council at the public hearing held on December 2, 2013, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the facility, including the faux palm tree and shelter (257 square feet), can easily be accommodated on the 0.40 acre site, and will not affect surrounding existing uses. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the unmanned wireless communications facility requires only one to two visits each month for routine maintenance, which will have a negligible effect on the adjacent developed streets. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the 60-foot artificial palm tree will adequately screen the twelve panel antennas, and since the landscaping and fencing on -site will provide adequate screening of the equipment shelter from adjacent properties. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Verizon Wireless communications network, resulting in enhanced service for its customers. 5. That the proposed project is consistent with and implements the Certified Local Coastal Program, since the proposed stealth wireless facility, is a conditionally -allowed use in the MM-CZ zone and will not prohibit coastal access or obstruct views, Resolution No. 2014 — January 21, 2014 Page Two BE IT FURTHER RESOLVED that the applications for Conditional Use Permit and Coastal Development Permit are approved subject to the following conditions: General 1. This Conditional Use Permit and Coastal Development Permit authorize a wireless communications facility at 1445 Tidelands. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A and B, Case File No. 2013-24 CUP, dated 10/10/2013. Any additional antennas or facilities must be in substantial conformance with the design for installation shown on these plans. 2. Before this Conditional Use Permit and Coastal Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit and Coastal Development 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 and Coastal Development 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. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.12.040 of the Municipal Code. Building/Fire 5. Plans submitted for improvements in 2013 must comply with the 2010 edition of the Califomia 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 6. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Resolution No. 2014 — January 21, 2014 Page Three Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 7. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 8. 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. Utilities 9. Prior to any construction or grading activities, the applicant shall coordinate with all utilities with infrastructure in the area to ensure protection of any existing utility services. 10. Call 800-227-2600 (Underground Service Alert) for mark out prior to any digging activities. Planning 11. All appropriate and required local, state and/or federal permits must be obtained prior to operation of the wireless communications facility. 12. The dead/dying and non-existent landscape areas on -site shall be re -planted to the satisfaction of the Planning Department. The proposed relocated palm tree shall be placed south of the project area to the extent possible. 13. As part of construction of the proposed driveway to the project, the existing driveway border shall be repaired. Please contact the Planning Department for additional information. 14. The chain link fence shall incorporate vinyl slats in order to match the existing facilities on site. 15. All exterior equipment (e.g., RRU units, GPS antennas, microwave dish antenna, panel antennas) shall be painted to match the surface on which it is mounted. 16. Exterior walls of buildings/poles to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building Official. Graffiti shall be removed within 24 hours of its observance. 17. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a Resolution No. 2014 — January 21, 2014 Page Four dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant and the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 18. The applicant or operator shall be responsible for the removal and disposal of any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete within six (6) months of discontinuance. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. 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 21st day of January, 2014. 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: January 21, 2014 AGENDA ITEM NO. 117 ITEM TITLE: Resolution of the City Council of National City approving a Conditional Use Permit for a Wireless Communications Facility located at 2575 East 8th Street. (Applicant: Verizon Wireless) (Case File 2013-26 CUP) PREPARED BY: Martin Reeder, AICP PHONE: 336-4313 EXPLANATION: The City Council conducted a public hearing on this item at the January 21, 20 attached resolution is needed to take action on the item. DEPARTMENT: In APPROVED BY: y Council meeting. The 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: Resolution RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY LOCATED AT 2575 EAST 8TH STREET APPLICANT: VERIZON WIRELESS CASE FILE NO. 2013-26 CUP APN: 554-280-06 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a wireless communications facility located at 2575 East 8th Street at a duly advertised public hearing held on December 2, 2013, at which time the City Council considered evidence; and, WHEREAS, at said public hearing the City Council considered the staff report provided for Case File No. 2013-26 CUP, which is maintained by the City and incorporated herein by reference; along with any other evidence presented at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the evidence presented to the City Council at the public hearing held on December 2, 2013, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the facility, including the faux pine tree and shelter (195 square feet), can easily be accommodated on the 7.21 acre site, and will not affect surrounding existing uses. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the unmanned wireless communications facility requires only one to two visits each month for routine maintenance, which will have a negligible effect on the adjacent developed streets. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the 60-foot faux pine tree will adequately screen the twelve panel antennas, and since the landscaping and fencing on -site will provide adequate screening of the equipment shelter from adjacent properties. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Verizon Wireless communications network, resulting in enhanced service for its customers. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: Resolution No. 2014 — January 21, 2014 Page Two General 1. This Conditional Use Permit authorizes a wireless communications facility at 2575 East 8th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits "A" and "B", Case File No. 2013-26 CUP, dated 10/10/2013. Any additional antennas or facilities must be in substantial conformance with the design for installation shown on these plans. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to retum the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning 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. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.12.040 of the Municipal Code. Building/Fire 5. 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. Engineerina 6. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program Resolution No. 2014 — January 21, 2014 Page Three (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 7. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 8. 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. Utilities 9. Prior to any construction or grading activities, the applicant shall coordinate with all utilities with infrastructure in the area to ensure protection of any existing utility services. 10. Call 800-227-2600 (Underground Service Alert) for mark out prior to any digging activities. Planning 11. All appropriate and required local, state and/or federal permits must be obtained prior to operation of the wireless communications facility. 12. The chain link fence shall incorporate vinyl slats in order screen the equipment shelter and generator. 13. The exterior material and colors of the equipment shelter must match the existing. buildings. 14. All exterior equipment (e.g., RRU units, GPS antennas, microwave dish antenna, panel antennas) shall be painted to match the surface on which it is mounted. 15. Exterior walls of buildings/poles to a height of not Tess than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building Official. Graffiti shall be removed within 24 hours of its observance. 16. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant and the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 17. The applicant or operator shall be responsible for the removal and disposal of any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete within six (6) months of discontinuance. Resolution No. 2014 — January 21, 2014 Page Four BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. 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 21st day of January, 2014. 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: January 21, 2014 AGENDA ITEM NO. II-8 ITEM TITLE: Continued Item: Response to request by City Council during the December 17, 2013 meeting directing staff to conduct a follow up report regarding existing animal sales practices by National City pet store owners. PREPARED BY: (Jose Tellez, Captain DEPARTMENT: Police PHONE: 1 X4513 APPROVED BY: EXPLANATION: The information was requested in order to evaluate the need for City Council action regarding animals sold in pet stores in National City. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. I APPROVED: ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: 4ccept and FiIel BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Staff Reports NATIONAL CITY POLICE DEPARTMENT INTER -DEPARTMENT MEMORANDUM Date: January 9, 2014 To: Manuel Rodriguez, Chief of Police From: Jose Tellez, Captain Subject: Staff Report — Executive Brief on Animal Sales During the December 17, 2013 City Council Meeting, the Police Department was directed to obtain additional information regarding the retail sale of animals from pet store owners in National City, specifically, information on the current practices regarding pet sales. As part of this process, a meeting was held with the following individuals who currently represent the three pet stores in National City: Bob Hicks (Owner) — Pet Market, 1536 Sweetwater Road Ruben Guerra (Owner) — Fiesta Pet, 1145 Highland Avenue Patricia Palmer (Store Manager) — Petco, 3426 Highland Avenue Pet Market: • Does not sell dogs or cats acquired from breeders or pet brokers. • Store has partnered with the San Diego Humane Society (SDHS) and Department of Animals Shelters (DAS) to sell rescue animals. • Store will accept animals from the public on behalf of SDHS and DAS with the intent to re -home the animals after they have received a health check, spayed / neutered, vaccinated, and microchip. • The animals will be re -homed by Pet Market or by SDHS / DAS through an existing adoption partnership. Fiesta Pet: • Does not sell dogs or cats acquired from breeders or pet brokers. • Dogs and cats are obtained from the public and sold on a consignment basis. • Owner is in the process of establishing a partnership with SDHS and/or DAS. 2 Petco: • The National City store does not sell any dogs or cats. • Rescued cats are obtained through an existing partnership with the Chula Vista Animal Shelter and are on display in the store for adoption only. Interested parties must work with the animal shelter to adopt a cat. Petco does not profit financially from the adoption; the cats are only displayed at the store to aid in the adoption of recused cats. As part of the animal sales process, pet stores owners/operators have to comply with California Health & Safety Codes 122215, 122220, 122140, 122145, and 122150; these laws require the pet store to disclose to the consumer the following: the source of the animal, pet medical history, and veterinarian certification of any known illnesses. The following two California Health & Safety Codes require pet stores to clearly post on the cage, the source of the animal: 122215. Every retail dealer shall post conspicuously on the cage of each dog offered for sale a notice indicating the state where the dog was bred and brokered. 122220. (a) Every pet dealer shall post conspicuously within close proximity to the cages of dogs offered for sale, a notice containing the following language in 100-point type: "Information on the source of these dogs, and veterinary treatments received by these dogs is available for review." "You are entitled to a copy of a statement of consumer rights." (b) Every pet dealer shall, upon request for information regarding a dog, make immediately available to prospective purchasers all of the information required to be disclosed to purchasers pursuant to subdivision (b) of Section 122140 and pursuant to Section 122190. The following two California Health & Safety Codes require pet stores to provide the consumer the following information in writing: source of the animal, pet medical history, and disclosure of any known illnesses and diseases. 122140. Every pet dealer shall deliver to the purchaser of each dog and cat at the time of sale a written statement in a standardized form prescribed by the Department of Consumer Affairs containing the following information: (a) For cats: 3 (1) The breeder's and broker's name and address, if known, or if not known, the source of the cat. If the person from whom the cat was obtained is a dealer licensed by the United States Department of Agriculture, the person's name, address, and federal dealer identification number. (2) The date of the cat's birth, unless unknown because of the source of the cat and the date the dealer received the cat. (3) A record of the immunizations and worming treatments administered, if any, to the cat as of the time of sale, including the dates of administration and the type of vaccine or worming treatment. (4) A record of any known disease or sickness that the cat is afflicted with at the time of sale. In addition, this information shall also be orally disclosed to the purchaser. (b) For dogs: (1) The breeder's name and address, if known, or if not known, the source of the dog. If the person from whom the dog was obtained is a dealer licensed by the United States Department of Agriculture, the person's name, address, and federal dealer identification number. (2) The date of the dog's birth, and the date the dealer received the dog. If the dog is not advertised or sold as purebred, registered, or registerable, the date of birth may be approximated if not known by the seller. (3) The breed, sex, color, and identifying marks at the time of sale, if any. If the dog is from a United States Department of Agriculture licensed source, the individual identifying tag, tattoo, or collar number for that animal. If the breed is unknown or mixed, the record shall so indicate. (4) If the dog is being sold as being capable of registration, the names and registration numbers of the sire and dam, and the litter number, if known. (5) A record of inoculations and worming treatments administered, if any, to the dog as of the time of sale, including dates of administration and the type of vaccine or worming treatment. (6) A record of any veterinarian treatment or medication received by the dog while in the possession of the pet dealer and either of the following: (A) A statement, signed by the pet dealer at the time of sale, containing all of the following: (i) The dog has no known disease or illness. (ii) The dog has no known congenital or hereditary condition that adversely affects the health of the dog at the time of the sale or that is likely to adversely affect the health of the dog in the future. (B) A record of any known disease, illness, and any congenital or hereditary condition that adversely affects the health of the dog at 4 the time of sale, or is likely to adversely affect the health of the dog in the future, along with a statement signed by a veterinarian licensed in the State of California that authorizes the sale of the dog, recommends necessary treatment, if any, and verifies that the disease, illness, or condition does not require hospitalization or nonelective surgical procedures, nor is it likely to require hospitalization or nonelective surgical procedures in the future. A veterinarian statement is, not required for intestinal or external parasites unless their presence makes the dog clinically ill or is likely to make the dog clinically ill. The statement shall be valid for seven days following examination of the dog by the veterinarian. (c) For the purpose of this article, "nonelective surgical procedure" means a surgical procedure that is necessary to preserve or restore the health of the dog, to prevent the dog from experiencing pain or discomfort, or to correct a condition that would interfere with the dog's ability to walk, run, jump, or otherwise function in a normal manner. (d) For the purposes of this article, "clinically ill" means an illness that is apparent to a veterinarian based on observation,. examination, or testing of the dog, or upon a review of the medical records relating to the dog. (e) A disclosure made pursuant to subdivision (b) shall be signed by both the pet dealer certifying the accuracy of the statement, and the purchaser of the dog acknowledging receipt of the statement. In addition, all medical information required to be disclosed pursuant to subdivision (b) shall be made orally to the purchaser. (f) For purposes of this article, a disease, illness, or congenital or hereditary condition that adversely affects the health of a dog at the time of sale or is likely to adversely affect the health of the dog in the future shall be one that is apparent at the time of sale or that should have been known by the pet dealer from the history of veterinary treatment disclosed pursuant to this section. ***Pet Dealer Disclosure Form Attached'"*" 122145. A pet dealer shall maintain a written record on the health, status, and disposition of each dog and each cat for a period of not less than one year after disposition of the dog or cat. The record shall also contain all of the information required to be disclosed pursuant to Sections 122140 and 122220. Those records shall be available to humane officers, animal control officers, and law enforcement officers for inspection during normal business hours. The following law identifies the penalties for pet store owners / operators if they violate any of the above laws. 5 122150. (a) Except as otherwise specified herein, any person violating any provision of this article other than Section 122205 shall be subject to a civil penalty of up to one thousand dollars ($1,000) per violation. The action may be prosecuted in the name of the people of the State of California by the district attorney for the county where the violation occurred in the appropriate court or by the city attorney in the city where the violation occurred. (b) Nothing in this article limits or authorizes any act or omission that violates Section 597 I of the Penal Code. Conclusion: Based on the information gathered from the three existing pet store owners / operators in National City, there are currently no pet stores that obtain dogs or cats from established breeders or pet brokers. There is only one pet store that sells non -rescue animals (dogs and cats); Fiesta Pet Shop on a consignment basis. The source of these animals come from private parties. All three pet stores comply with California Health and Safety codes that regulate the sale of animals to include: animal source information, pet health information, and veterinary information regarding any known illness or disease. The information is provided in written form to the consumer upon request or at time of purchase. It is Recommended that this report be Accepted and Filed. STATE OF CALIFORNIA . STATE AND CONSUMER SERVICES AGENCY • ARNOLD SCHWARZEHEDOER sooner •0.14W11Consumer C Affhirs PET DEALER DISCLOSURE (DOG) ' _ RETAIL DEALER Name: _ ! Addr - ----- Street City Slats Zip Code I certify that the Imitrmation belowJe ueerete, no neve orally disclosed all medial inform ica to the purchaser. Sinn Date of Sale ' SOURCE i Please indicate the source of the dog: Breeder Dealer Other, plane Itdieate Name: Address: Strut City Btu At Code If aurae Is United Stites Department of Agriculture (USDA) dealer, plane provide USDA federal dealer identification . number. 4. f IDENTInINO INFORMATION Date of Birth: Data Dos Received by Dealer: If the dog b not advertised or sold as purebred, rcgiitmed, or registrable, the date of the birth may be apprmdtaated if not Cows by the moiler. Breed: gam Color;. Idsndfyies Marks: Nth, dog is hoot a USDA lkereed scorn. please Indicate the individual Ideotifybes leg, tattoo, n eo11111 MOO her: is Bradt Unknown or Miaed4 :. If dog -is being sold at being oapabie of registratbn, plane record below the io' wias in*rmsdoo: NeseofBiro: RegistrsdonN®bei: _', Name of Dina: Rsslsdaticn Number. Litter umber (if known) MEDICAL BISTORY AS OF TIME OP SALE I) Worming Weidman 2) b0001eloatt Typo - Date Type ofviiofas Dats 3) Vetmiaain treatment or medication while in poteWan pipet denier. s • Complete either A (Pet Dealer) or B (Veterinulu) Certification: . . ' PET DEALER er&TMCATION •-A)PetDalerCertification (check applicable suromeat): - (1) The dog has no bowl disease or illness. _ . (2) The dog has no knows oongenNal or hasditry aconditionn that ulraasiIy mfllvot thI•1ptaltb the dose* - • of . 'The tiros of the sale or that k fkelyto adversely affect thehnith of the dog In the Score. SIsoanne: • Date y4+ VETERINARIAN CESAYPICATiON B) Veterinarian Certification: (VALID FOR ONLY SEVEN DAYS AFTER INSPECTION) . 1). Mb dog has the *Downs kiovm thane, Ulnas, mad say congenital or haedituy condition that adversely affects the health of the dog either at the time Mane or is the foram. • 2). Recomrosnded memory treatment if soy: Date of Inspection: I verify that the disease, igoeu orcondition don not regnlie hosplulkadon or nocesctivc surgical pmereores, at the time of Isle or in the future, and hereby authorise the sale of Iris dog, Signature: License No.: A veterinarian sutement is not required far intestinal or external parasites tinker their prawns makes the dog elinicelly 10 or is likely to make the dog eieiatly III. PURCHASER.ACIIW OWLEDGMENT 1 admowledge receipt of this statement and that all to edicat fpfodnnibn dthelemil puritan w this sutemant was orally read to me. Sitmture of Bnyu:. ' tide: .1 . . Attires''. . Stint City State Zip Cone • At rile $me ofnle, a pwcbua of a dog is entitled to rash% %ASTATE 4ENT OF CALIFORNIA LAW OM/WM THE SALE OF AO�q$" {romthe seller. t+at +�t'Iti- e•o lete Shia form may subject the pet therm a civil penny of 31,OOD.ODper viohdoe, (Uu11h A Scotty Code I I22130) STATE OF CALIFORNIA - STATE AND CONSUMF R SERVICRS AGEN CV ARNOLDSCHWARZENEGGER, GOVERNOR a a-r ,arc Cmjlruu Coirscr PET DEALER DISCLOSURE (CAT) RETAIL DEALER Receipt N o. Name: Address: Street - City Mete Zip Code SOURCE Please indicate the MIME Of the CDI below. BTeDder. Broker: _ Other, plenac indicate: Name and Address of Source: Name: Address:' StreetCity Sato , Zip Cade' If source is United Steles Department of Agriculture (USDA) defer, ;gam monde USDA Auteuil idcntlficadan number: Date of a 3nb; Date eat melded by dealer: (Ualeu unknown because of IMMO Immunizations: MEDICAL INFORMATION AS OF TIME OF SALE Data ofAdminisaatioa Type Worming Treatment: Date of Administration Type Any known d'uauc or sickness that the cat is afflicted with at the time elute. This above medical information shall be orally disclosed to the purchaur. PURCHASER ACKNOWLEDGMENT 1, the purchaser ofthb CAT, acknowledge the Manse information was welly disclosed to me. Date el -Purchase: Name: Address: Street City State Zip Code • failure to complete this form may subject the pet desks to a civil penalty of 51,01/0.00 per violation. (Health & Safety Code f 111140) NATIONAL CITY POLICE DEPARTMENT INTER -DEPARTMENT MEMORANDUM Date: December 5, 2013 To: Manuel Rodriguez, Chief of Police From: Jose Tellez, Captain Subject: Staff Report — Executive Brief on Animal Sales During the November 19, 2013 City Council Meeting, staff was directed to provided information regarding the sale of animals by pet stores, due to the recent ban by some local cities to prohibit animal sales. This report provides information on the purpose of animal sales as well as the reasoning for banning these sales. In addition, the following areas will be discussed: • Pet stores located in National City • Animal Regulations • National City Municipal Codes related to animal sales • Issues regarding animal sales by pet stores • Current number of cities in San Diego County that ban animals sales and related municipal codes • City of Carlsbad decision • Factors to consider BACKGROUND There are currently two pet stores in National City, Fiesta Pet Shop —1145 Highland Avenue, Suite A and Pet Market #3 —1536 Sweetwater Road, Suite F. A third pet store is in the process of obtaining permits to operate within the city, National City Puppy — 1430 East Plaza Blvd. Currently, Fiesta Pet Shop and Pet Market #3 sell dogs and cats, along with other animals and pet supply products. SUMMARY Those in favor of prohibiting the retail sale of animals believe there is insufficient oversight because retail stores usually obtain their dogs and cats from a number of sources. These sources include breeders, regulated by the U.S. Department of Agriculture, and smaller hobby breeders, who are not subject to regulations. Regulation information is according to Pet Industry Joint Advisory Council which represents pet 2 stores across the country. Animal Advocates, including the Humane Society of the United States, believe that pet stores obtain many of their animals from "puppy mills" and "kitten factories, places where dogs and cats are bred and raised in cramped, unhealthy, and inhumane conditions. (OLR Research Report August 2013) Two cities in San Diego County (San Diego and Chula Vista) have banned pet stores in their communities from selling dogs and cats. Animal rights groups, including the Humane Society of the United States, say banning the sale of dogs and cats at pet stores not only will help reduce the number of animals treated inhumanely but it will encourage the adoption of more pets from shelters and rescue groups. On the other side of the debate, pet store owners and some mass breeders say the criticisms are overblown. They contend the ban limits consumer choice, threatens the long-term viability of dog breeding and encourages the "underground" sale of animals. Additionally, store owners and breeders assert they purchase / obtain animals for resale from reputable licensed breeders. Some retail stores deal with larger and established breeders that are inspected by the U.S. Department of Agriculture and the American Kennel Club. Guarantees for the consumer regarding the health of the animals varies from store to store. ORDINANCES The City of National City does not have ordinances regulating the retail sale of animals in stores however the following ordinance addresses the sale of animals in public: NCMC 8.32.050: Animal sales in public places prohibited. It is unlawful to offer for sale, sell, or to exchange or transfer for any form of consideration puppies or kittens on public property or on private property open to the public, including but not limited to areas in front of stores, commercial shopping areas, commercial parking areas, swap meets and auctions. ANIMAL SALE PROHIBITIONS The City of Chula Vista in 2012 passed an ordinance prohibiting the sales of dogs and cats by pet stores. The following Chula Vista Municipal Codes address the animal sales ban: CVMC 6.08.108: Pet shops — Dog and cat sales prohibited Pet shops are prohibited from selling dogs or cats in the City of Chula Vista. 3 CVMC 6.30.010: Sale of animals, birds, or reptiles on public property or on private property open to the public prohibited It is unlawful to give away, offer for sale, sell, exchange, or transfer for any form of consideration, or for no consideration, any animal, bird, or reptile on public property or on private property open to the public, including, but not limited to, areas in front of stores, commercial shopping areas, commercial park areas, swap meets, and auctions. CVMC 6.30.020 Exceptions: CVMC 6.30.010 shall not apply to: A. Any legally recognized nonprofit charitable organization that provides or contracts to provide services as a public animal sheltering agency. B. Any legally operated business that sells animals, birds, or reptiles in its normal course of business. C. Any nonprofit animal rescue or adoption organization. D. Any gift, sale, exchange, or transfer of any animal, bird, or reptile on public property or on private property open to the public that is authorized by federal or state law. The City of San Diego in August 2013 passed an ordinance to prohibit, with certain exceptions, the retail sale of dogs, cats, and rabbits within the city. Additionally, the ordinance does not prevent the owner / operator of an establishment from providing space and appropriate care for animals owned by a city or county animal shelter, the humane society, or non-profit rescue organization for the purpose of public adoption. The following San Diego Municipal Codes outlines the ban: SDMC 42.0706 Pet Shops — Prohibition of the Sale of Dogs, Cats, and Rabbits (a) It is unlawful for any person to display, offer for sale, deliver, barter, auction, give away, transfer, or sell any live dog, cat, or rabbit in any pet shop, retail business, or other commercial establishment located in the City of San Diego, unless the dog, cat, or rabbit was obtained from a city or county animal shelter or animal control agency, a humane society, or a non-profit rescue organization. All pet shops, retail businesses, or other commercial establishments selling dogs, cats, or rabbits shall maintain a certificate of source for each of the animals and make it available upon request to animal control officers, law enforcement, code compliance officials, or any other City employee charged with enforcing the provisions of this section. (1) For purposes of this section, a commercial establishment is defined as any for -profit business enterprise, including a sole 4 proprietorship engaged in retail or wholesale commerce related to dogs, cats, and rabbits, including grooming parlors, canine day care, and boarding facilities. (2) For purposes of this section, a non-profit rescue organization is defined as any California non-profit corporation that is exempt from taxation under Internal Revenue Code section 501(c)(3), whose mission and practice is, in whole or in significant part, the rescue and placement of dogs, cats, or rabbits; or any non-profit organization that is not exempt from taxation under Internal Revenue Code section 501(c)(3) but is currently an active rescue partner with a City or County of San Diego shelter or humane society, whose mission is, in whole or in significant part, the rescue and placement of dogs, cats, or rabbits. (3) For purposes of this section, a certificate of source is defined as any document from the source city or county animal shelter or animal control agency, humane society, or non-profit rescue organization declaring the source of the dog, cat, or rabbit on the premises of the pet shop, retail business, or other commercial establishment (b) This section shall not apply to the display, offer for sale, delivery, bartering, auction, giving away, transfer, or sale of dogs, cats, or rabbits from the premises on which they were bred and reared. (b) This section shall not apply to the display, offer for sale, delivery, bartering, auction, giving away, transfer, or sale of dogs, cats, or rabbits from the premises on which they bred and reared. (c) Nothing in this section shall prevent the owner, operator, or employees of a pet shop, retail business, or other commercial establishment located in the City of San Diego from providing space and appropriate care for animals owned by a city or county animal shelter or animal control agency, humane society, or non-profit rescue organization and maintaining those animals at the pet shop, retail business, or other commercial establishment for the purpose of public adoption. CARLSBAD REVERSED DECISION The City of Carlsbad adopted an ordinance to ban animal sales at pet stores within their city limits. About a month later, the Carlsbad City Council reversed their decision. The following is taken from their agenda bill as to the reasons (Agenda Bill -AB# 21,430): 5 On October 8, 2013, the City Council considered the issue of the inhumane treatment of dogs and cats bred in puppy mills and kitten factories and passed an urgency ordinance to prohibit the retail sale of dogs and cats which may be bred in puppy mills and/or kitten factories and/or new retail pet stores which could located in the City at any time and sell animals bred in such conditions. On November 5, 2013, the City Council heard additional public comment and reconsidered the issue of prohibiting the retail sale of dogs and cats. City Council determined that prohibiting the retail sale of dogs and cats is not the most effective way to stop the practice of breeding and raising dogs and cats in inhumane conditions such as those found in puppy mills and kitten factories. Instead, the most effective manner of preventing the harms caused by puppy mills or kitten factories many of which are located out of state is for stronger regulation and enforcement of animal breeding regulations by the State and Federal government. Prohibiting the retail sale of dogs and cats may harm legitimate business owners who do obtain their dogs and cats from puppy mills and kitten factories, and allowing an exemption for the only business engaged in the retail sale of dogs and cats in the City of Carlsbad would create a monopoly. FACTORS The following factors may be considered by policy makers when evaluating whether to implement changes to the existing National City ordinance(s) on animal sales: Status Quo: No Change in City Ordinance • Additional pet stores may move to National City from other cities that prohibit the retail sale of non -rescue animals. • Animal activist may picket pet stores in National City. • Not prohibiting pet sales provides consumers a local choice to purchase pets. • Breeder Oversight: Large and well established breeding companies are regulated by the US Department of Agriculture. Some pet stores work with these types of breeders. New City Ordinance: Prohibiting Retail Sale of non -rescue animals • Financial setback for current and future pet stores. • Deter new pet stores from moving into City. 6 • Grandfathering current pet stores from the ban will create a monopoly in the City for pet sales. • Prohibiting the sale of non -rescue animals will help control the pet population in City. • Additional oversight of pet stores by Humane Society or animal shelters as a result of rescue animals being sold in stores. • Possible litigation by pet store owners opposing the ordinance. CONCLUSION The decision to enact or not enact a ban on the sale of animals in our City is not without controversy, but in the final analysis it is a policy decision. The points presented in this report are a summary of the information that can be obtained from both sides of the issue. The goal is to provide decision makers with a review of the issues in order to make an informed decision. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 21, 2013 AGENDA ITEM NO. 19 ITEM TITLE: A Request to Initiate a Street Vacation to vacate a portion of alleyway bisecting the block between West 16th and West 18th Streets, and between Cleveland and McKinley Avenues (Applicant: Randal J. Ehm, Architect.) (Case File No. 2013-30 SC).1 PREPARED BY: Martin Reeder, AICP DEPARTMENT: PI PHONE: 1619-336-43131 APPROVED BY: EXPLANATION: 0-he alley in this location is 20 feet wide by approximately 580 feet long (two blocks). Of the fourteen properties located in these two blocks, the developer (YYK Industries, Inc.) owns six (see attached parcel map). Two properties are east of the alley and the remaining four west of the alley. The applicant is requesting to vacate 205 feet of alley between their properties in order to facilitate construction of a new industrial building in this location. If the vacation is initiated, staff will conduct analysis on traffic circulation, emergency access, and General Plan consistency. The City's Street Vacation Procedures require that the City Council initiate a request to vacate any public streets. A complete report will be presented to the Council at a future hearing along with a recommendation from the Planning Commission. 1 FINANCIAL STATEMENT: ACCOUNT NO. I ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: .Staff recommends the Council initiate a Street Vacation to vacate the portion of alleyway between West 16th and West 18th Streets BOARD / COMMISSION RECOMMENDATION: N/I ATTACHMENTS: 1. ;Parcel Map 2. Site Plan 3. Legal Description' • ST. Ct.SD j_ ltei 22 p(! 2 2.20AIC 21 .q _ 19 5 BLK. r27318 6 17 7. ' 16 8 - J+ 15 9 !4 10 13 a .... — ?o I._ — — NA" --1 4 ' ST ST. •/ DO'/7"E 2 4 0.63 AC. 5 6 7 /Pi= CLSD aa us!) -, 2r 8 r° 2) 20 /., /d O 7 8 /S® 'OO'/6 'B • 18 21 .JJ CLEVELAND lad ST. ST /.f 20 so .CLSD Pi i9 /4 3 /s /4 LS 0 /3 N 4 1 FX!ST1NG EASEMENTS N gp 3 11006 0 SDGE EASEMENT INST. NO.: 131638 REC.- 7-22--69 02 SDGE EASEMENT INST. NO.: 131639 REC.: 7-22-69 0SDGE EASEMENT 3 INST. NO.: 251325 REC.: 10-29-71 IINF LEGEND CENTERLINE --^-- PROPERTY LINE RIGHT OF WAY LOT LINE ALLEY VACATED HEREON 4,100 SQ. FT. Plat of Survey: ALLEY VACATION BLOCK 239 & 240 MAP 348 CITY OF NATIONAL CITY 44E51 'NB ENGINEERS & SURVEYORS 3434 Fourth Ave., San Diego, CA 92103-5740 (619) 299-5550 CASEY ' LYNCH 8380 S6 75, . CP 2 LEGAL DESCRIPTION ALL THAT CERTAIN REAL PROPERTY LOCATED IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A PORTION OF THE ALLEYS IN BLOCKS 239 AND 240 AND A PORTION OF 17TH STREET LYING BETWEEN THE WESTERLY AND EASTERLY LINES OF SAID ALLEYS, IN NATIONAL CITY, ACCORDING TO MAP NO. 348 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: THE ALLEY LOCATED IN BLOCK 240, OF SAID MAP 348, LYING ADJACENT TO LOTS 9, 10, 13 AND 14, ALL WITHIN SAID BLOCK, TOGETHER WITH THE ALLEY LOCATED IN BLOCK 239, OF SAID MAP 348, LYING ADJACENT TO LOTS 1, 2, 3, 20, 21, AND 22 WITHIN SAID BLOCK, TOGETHER WITH THAT PORTION OF 17TH STREET LYING BETWEEN THE WESTERLY AND EASTERLY LINES OF SAID ALLEYS WITHIN BLOCKS 239 AND 240. CONTAINING 4,100 SQUARE FEET, MORE OR LESS. CASEY LYNCH, PLS 8380 DATE 3 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 21, 2014 AGENDA ITEM NO. 20 ITEM TITLE: Presentation of the City of National City Three Year Operating Plan for Fiscal Years 2015 through 2017; presentation of high level findings from a recent community survey report; and request for authorization for the development and drafting of a proposed ballot measure to extend the City's previously voter -approved ten year district sales tax beyond 2016 to maintain the City's public safety services, prevent cuts to police and fire services and ensure adequate funding for parks, libraries and other City services. PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: See attached staff report. DEPARTMENT: :.; istrati • ervices APPROVED B FINANCIAL STATEMENT: ACCOUNT NO. N/A APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept the report and direct staff to develop and draft a proposed ballot measure. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff Report - CALIFORNIA -* NATIONAL .s.-amp , o2:2 J City Council Staff Report January 21, 2014 ITEM Staff Report: Presentation of the City of National City Three -Year Operating Plan for Fiscal Years 2015 through 2017; presentation of high level findings from a recent community survey report; and request for authorization for the development and drafting of a proposed ballot measure to extend the City's existing voter -approved ten-year district sales tax beyond 2016 to maintain the City's public safety services, prevent cuts to police and fire services and ensure adequate funding for parks, libraries and other City services, with no tax rate increase. PURPOSE The City of National City currently receives revenue from a district sales tax. The tax measure, known as Proposition D, was passed by voters in 2006, adding a one percent (1 %) tax to the purchase of taxable goods' and services in National City, with all proceeds staying in National City — none of these proceeds can be taken by the State. As written and enacted, this district tax has a built in sunset and will expire in September 2016 (Fiscal Year 2017). Due to current economic factors that could not be foreseen when the measure was adopted, the discontinuation of this vital funding is projected to have a significant impact on the City's ability to provide the level of police, fire and other services on which National City residents and local businesses rely. Based on forecasts using currently available data, the City will not be able to maintain the current level of service provided to National City residents and businesses, including fire and police protection services in the foreseeable future. The purpose of this report is to discuss the projected impact of the loss of this local revenue through the presentation of a three-year operating plan for Fiscal Years 2015 through 2017 and recommend options moving forward. BACKGROUND Resulting from factors such as State of California takeaways, stagnant property tax revenue and increased pension obligations (resulting from Ca1PERS investment losses), the City of National City's annual General Fund operating budget for Fiscal Year 2005 forecasted a $4 million structural deficit; and the Fiscal Year 2006 budget forecasted a $6.7 million structural deficit. As the City Council is aware, police and fire services comprise the largest component of the General Items such as groceries (non -prepared food), prescription medication, rent, mortgage and utilities are exempted from the district sales tax. Page 2 Staff Report — Presentation of Three -Year Operating Plan January 21, 2014 Fund2, representing over 70% of the General Fund budget. Required by law to present a balanced budget, with the authorization of the City Council, staff closed the budget gaps through the use of reserves and other one-time revenue sources. City services were cut by 20% across the board and 51 positions were frozen City-wide, including the shuttering of library hours and the reduction of 17 fire and police personnel. In response to the above, in June, 2006, National City voters approved a ballot measure to levy a one cent sales tax with the provision that the tax expire or sunset after ten years (September 2016). With the locally -enacted funding in place, the City began to restore programs and services critical to the safety and well-being of National City residents including restoring fire and police personnel, ensuring adequate funding for parks, libraries and other City services while maintaining local control over these funds. The City also developed and executed policies and practices to maintain fiscally conservative spending plans, while cultivating new revenue streams such as the initiation of redevelopment projects. Cost cutting included local pension reform (preceding State measures). Revenue - generating projects such as the development of the Marina Gateway, the Playa Bonita expansion and planned residential and commercial projects (i.e. the opening of a Costco, the opening of a Lowes Home Improvement store and the redevelopment of the downtown corridor) were initiated. Due to circumstances outside of its control, the City faced additional fiscal challenges, beginning in 2008 with the onset of the global recession, the recovery from which still is not complete, and including, in 2011, the State -mandated dissolution of redevelopment agencies — eliminating millions in state funding that National City has relied on for economic development, anti -blight, and other programs. The recession and Sacramento money grabs created significant challenges to the City through the loss of investment income and revenue streams intended to bring projects to National City that would increase the City's tax base. The impacts of the recession have global and unprecedented and National City has not been immune. The City's primary sources of revenue are taxes received from auto sales, retail sales, and the lumber industry. The crippling of the economy led to job loss, thus slowing the purchase of"luxury" items (new cars) and discretionary goods (retail sales) and bringing construction to a near halt. , and the City's lumber industry suffered. In addition, retailers closed existing stores and terminated plans for expansion, further impacting National City with the loss -of both___ existing revenue and new revenue. Local big box stores Circuit City, two Mervyns, and Ralphs closed. And plans for new national chain and home improvement store openings in National City and elsewhere were called off. The anticipated new businesses would have generated additional revenue for the City; this revenue was expected to replace the district sales tax revenue. In 2011, at the half -way point of the district sales tax, as required by the ballot initiative, an evaluation committee composed of financial experts from outside of National City was 2 The City's main operating fund that pays for basic City services that use most of the City's tax revenue, such as fire and police safety, inspection services and recreation programs. The General Fund is also supported by fees from licenses and permits, fines, and investment earnings. Page 3 Staff Report — Presentation of Three -Year Operating Plan January 21, 2014 convened. This independent committee was charged with determining whether the sales tax should remain in effect or whether the City Council should reduce the rate of the tax or terminate it altogether. After reviewing the City's financial records and interviewing members of the executive staff, the committee concluded that, despite the City's many efforts at fiscal sustainability, continuation of the district sales tax for the second five-year period was necessary, based on the City's continued revenue needs. In its report to the City Council recommending the continuation, the committee stated: "Although the lists below are not comprehensive, the selected actions provide a sampling of the range and magnitude of the actions taken to adequately confront and prevent the structural deficit challenge from spiraling out of control. It seems clear that despite all of the actions taken to close the City's recurring structural deficit it would spiral out of control without the revenues temporarily being provided by the District Tax. For this reason the District Tax should remain in effect." (Report attached) During the development of the Fiscal Year 2014 budget, at the request of the City Manager, the City's financial advisor analyzed other available revenue streams as possible replacements for the existing, voter -approved district sales tax. The report of the analysis, presented during the May 14, 2013 budget workshop concluded it was unlikely any other measures would generate the same level of revenue. As importantly, some of the other measures (i.e. utility user tax, benefit assessment district, community wide benefit assessment, and business license fee increase) would transfer the tax burden solely to National City residents and businesses. In contrast, the district sales tax is paid in significant part by visitors shopping and dining in National City. Today, the City continues to be fiscally conservative and frugal with our use of taxpayer dollars. Departments have been consolidated, workflow efficiencies implemented, public private partnerships formed, and spending and hiring practices closely monitored. Savings and efficiencies have been realized through such measures as a partnership with the YMCA to provide aquatic and recreation programs on the City's behalf. Staff is currently negotiating a leasing agreement to modernize the City's fleet of light duty vehicles, which is intended to realize reduced replacement costs and generate savings in fuel and maintenance expenses. While the current year's budget is projected to be stable with a modest General Fund operating surplus, during preparation of the budget and the City's five-year strategic plan, staff raised concerns about future years. Expenditures are expected to significantly increase while revenues are expected to decrease leading to a deficit by Fiscal Year 2017. It is also important to note that the City's Facilities Maintenance and Equipment Replacement Reserve Funds are underfunded. As a cost savings measure, the City as deferred repairs to several of its buildings and replacement of the City's fleet of light and heavy duty vehicles. If we further put off these repairs and replacements, the costs will continue to escalate. Consistent with Element 2b of the City Council adopted five-year strategic plan, staff committed to return to the City Council in January 2014 with a three-year operating plan outlining how the City's service delivery will be affected with the loss of $9.7 million in revenue. Page 4 Staff Report — Presentation of Three -Year Operating Plan January 21, 2014 DISCUSSION The existing, voter -approved district sales tax provides approximately 22% of the General Fund's operating revenue. City staff has begun the process of developing an action plan to address this significant reduction in revenue. Using the current fiscal year as a baseline, all City departments were asked to prepare a three-year operating plan through Fiscal Year 2017. The premise of the plan is to project revenues and expenditures over the three year review period and illustrate the impact on service delivery as a result of those changes. After factoring considerations such as the impact of internal service charges and the margin of error in estimating revenues and expenditures, all departments, including Fire and Police, were directed to plan for a 24% reduction in general fund operating revenue in Fiscal Year 2017 when it is expected that the City will be dealing with the more than 2700 parolees that the State will have released in our region. Our City has continuously made public safety a top priority to address the fact that National City still has one of the highest crime rates in the County. We simply cannot afford to cut public safety services further by reducing gang and drug prevention, police officer staffing at local schools, neighborhood police patrols, and graffiti removal. Further we must maintain firefighter/paramedic staffing and keep the Euclid Fire Station open. The district sales tax is a General Fund revenue. Therefore, the revenues and expenditures contained in the three-year plan are limited to the General Fund. All figures represented for Fiscal Years 2015 through 2017 are estimated based on data currently available and historic trends. All projected revenues and expenditures are, of course, preliminary and subject to change. Relative stability in revenues is forecasted for Fiscal Years 2015 and 2016 with modest increases in Bradley Burns3 and District Sales Taxes (see table below). In those same years, pension obligation payments are anticipated to increase. The California Public Employees' Retirement System (Ca1PERS) announced a plan to address the system's under funding through changes in actuarial and investment assumptions. These changes are anticipated to result in significant rate increases in Fiscal Years 2016 through 2020. As a result, most City departments show no changes in projected budgets for Maintenance and Operations in these two years, with increases in personnel costs related to negotiated step increases, pension costs and health care. The State-wide local sales and use tax imposed under the Bradley -Bums Uniform Sales and Use Tax Law with 6.5% distributed to the State, 0.75% to the local jurisdiction and 0.25% to local Transportation Fund. Page 5 Staff Report — Presentation of Three -Year Operating Plan January 21, 2014 Property and Sales T J FY 2014 FY 2015 FY 2016 FY 2017 Bradley Bums $11,358,170 $12,122,001 $12,533,894 $17,300,786* District Sales Tax $9,418,000 $9,506,405 $9,707,493 $2,497,249** Property Tax $3,361,383 $3,463,904 $3,533,182 $3,603,846 Property Taxes Allocated ($1,481,210) ($1,526,386) ($1,556,914) ($1,588,053) Property Tax in Lieu of Sales Tax $4,093,008 $4,219,170 $4,177,965 0* Property Tax in Lieu of VLF $5 185 350 $5,452,625 $5,561,678 $5,672,911 Other $10,413,689 $9,167,536 $9,319,517 $9,478,232 Total $42,348,390 $42,405,255 $43,276,815 $36,964,971 Sales tax nrniertinnc nrna,iAr ri 1.., WA! * assumes that the Triple Flip deduction will sunset in FY 2016. ** reflects final district sales tax distribution. Under the terms of the existing, voter -approved measure, the district sales tax will expire in September 2016 (Fiscal Year 2017). In estimating revenues to expenditures for Fiscal Year 2017, factoring in the loss of the district sales tax, staff projects a structural deficit of $8 million. In completing this exercise, departments were directed to back internal services charges out of their budget projections prior to calculating the 24%. Likewise, departments could not apply reductions in internal service charge expenditures towards the 24% goal. Instead, departments that are funded, in whole or in part, through internal services charges were required to realize the reductions in their budgets4. Those departments receiving internal service charges are Management Information Systems, Public Works and Risk Management. A 24% reduction in the Fiscal Year 2017 estimated General Fund Operating budget of $41,997,742 is significant with major impacts on staffing and services. A 24% reduction equates to a loss of $10,079,458. As a result: • All City departments project significant reductions in operations in Fiscal Year 2017. • Maintenance and Operations (M&O) budgets are projected to decrease by 3.2%. • Personnel budgets are projected to decrease by 22.3% • Personnel is projected to decrease by 30.65% City-wide, the full-time equivalent of 90.56 staff positions. Full-time equivalent (FTE) is defined as a total of 2,080 working hours per fiscal year. FTE's and people do not match up on a one for one basis. Some of the positions proposed to be eliminated are part-time positions (Community Services, Housing & Grants and Library). Reaching the value of one FTE (2,080 hours) requires the elimination of multiple part-time staff. • In actuality, 90.56 reduction in FTE's will result in the loss of 109 employees. ° Internal Services Charges present 12.77% of the General Fund Operating Budget expenditures. Page 6 Staff Report — Presentation of Three -Year Operating Plan January 21, 2014 These reductions in M&O and Personnel will result in reductions in service levels. Service level reductions include but are not limited to: • Fire — closing of Fire Station 31 (one of only two National City fire stations) • Police — elimination of Gang Enforcement, SWAT, Traffic and Community Services Units; elimination of the drug prevention program and school police officers; reduction in the number of neighborhood patrols; and a general reduction in police officers • Neighborhood Services — elimination of the Graffiti Removal program • Housing and Grants — elimination of the staff run Senior Nutrition Program (return the program to the County to find other partners/grantees) • Library — a 23% reduction in Library hours5; elimination of the Literacy Program • Community Services — closure of community centers and associated programs, closure of Casa de Salud and the Manuel Portillo Youth Center teen program; closure of the El Toyon Recreation Center and the Tiny Tots program. As demonstrated through this exercise, based on forecasts using currently available data, the City will not be able to maintain the current level of service provided to National City residents and businesses, including fire and police protection services in the foreseeable future. Without continuing current local funding, there is a possibility of having to outsource both police and fire services. We strongly recommend that appropriate planning be undertaken to prevent any possibility of closing our City -run Police and Fire Departments and contracting with another jurisdiction to provide these services. To address the City's fiscal challenges, the City commissioned a comprehensive community survey of 400 residents to determine the public's service priorities and their willingness to continue to pay for those priorities with no increase in current tax rates. An overwhelming 78% of respondents believe that there is a need for continued funds to provide the current level of city services such as neighborhood police patrols and police officers, gang and drug prevention programs, 9-1-1 emergency medical response, fire protection and firefighters/paramedics, graffiti removal, street and pothole repair, and senior and youth library services. In addition, the survey found that 72% of respondents stated their support for the continuation of existing, voter approved funding in 2014 and felt very strongly that without the extension National City would be forced to eliminate police, firefighters and medical paramedics, further increasing emergency response times. This response is well above the simple majority threshold necessary for passage of a no -tax rate increase extension measure. Alternative The above stated analysis, as described, included reductions across all City departments, including the Fire and Police Departments. As an alternative approach, a scenario was conducted exempting said public safety departments from reductions. When internal service charges are not factored in, Fire and Police account for 71% of the general fund operating budget. As such, the impact of absorbing the loss of the district sales tax across the remaining City Departments is 5 Sunday closure (in addition to the current Friday closure) and reduced hours Sunday through Thursday. Page 7 Staff Report — Presentation of Three -Year Operating Plan January 21, 2014 quite significant. The estimated budget for the other City departments is $14,625,493. Removing the estimated district sales tax reduces this number to $4,546,035, a reduction of 69%. RECOMMENDATION In the near term (the current fiscal year and Fiscal Years 2015 and 2016), City departments are reticent to begin long range planning or initiate new programs and services, recognizing that funding for current programs and services is tenuous beyond Fiscal Year 2016. And as demonstrated through this exercise, based on forecasts using currently available data, the City will not be able to maintain the current level of service provided to National City residents and businesses, including fire and police protection services by Fiscal Year 2017. The recent survey of National City residents indicates a strong desire for fiscal stability and the maintenance of core services, with particular emphasis on city -run fire and police services, 9-1-1 emergency dispatchers, school and neighborhood patrols, repairing streets and potholes and preventing cuts to senior and youth after -school programs. In order to maintain service levels and achieve fiscal viability; and in order to allow departments to begin long range planning, staff recommends that the City Council direct the development and drafting of a proposed ballot measures to extend the previously voter approved one cent district sales tax beyond its expiration date with no increase in tax rate to maintain the City's public safety services, prevent cuts to police and fire services and ensure adequate funding for parks, libraries and other City services. With thousands of people visiting National City every day, the existing District Measure has ensured that out-of-towners continue to pay their fair share for police, fire, street repair and other services they use when they visit our City, while not being applied to food purchased as groceries or prescription medication. FISCAL IMPACT Maintenance of the status quo will result in the Loss of district sales tax revenue to the City estimated to be $8 million. Attachments: A. Summary of Proposed Reductions B. Summary of Personnel Reductions C. Departmental Three -Year Operating Plans D. Report and Recommendation on Proposition D Attachment A +r- CALIFORNIA NATO <,AL CITy rw - Three Year Operating Plan Proposed Reductions - In Dollars and Percentages Department/Program 2017 estimated budget M&O Reduction % of Budget Personnel Reduction % of Budget total % Reduction Building $474,949 $0.00 0.0% $158,845 33.4% 33.4% City Attorney $712,230 $72,445.00 10.2% $98,753 13.9% 24.0% City Clerk $268,783 $0.00 0.0% $77,976 29.0% 29.0% City Manager $1,069,626 $7,250.00 0.7% $249,476 23.3% 24.0% Community Services $440,198 $11,383.00 2.6% $94,359 21.4% 24.0% Engineering/Public Works $1,308,378 $18,400.00 1.4% $362,551 27.7% 29.1% Finance $1,518,682 $100,354.00 6.6% $264,161 17.4% 24.0% Fire $7,664,303 $0.00 0.0% $1,850,442 24.1% 24.1% Housing & Grants $923,461 $329,350.00 35.7% $399,622 43.3% 78.9% Human Resources $414,368 $29,810.00 7.2% $69,640 16.8% 24.0% Library $944,414 $40,870.00 4.3% $185,750 19.7% 24.0% MIS $1,736,188 $416,685.00 24.0% $0 0.0% 24.0% Neighborhood Services $952,142 $15,000.00 1.6% $214,557 22.5% 24.1% Non -Departmental $742,809 $186,561.00 25.1% $0 0.0% 25.1% Planning $413,477 $0.00 0.0% $98,035 23.7% 23.7% Police $19,707,946 $79,895.00 0.4% $4,625,000 23.5% 23.9% Risk Management $2,705,788 $51,001.00 1.9% $598,418 22.1% 24.0% Totals $41,997,742 $1,359,004.00 3.2% $9,347,585 22.3% 25.5% Attachment B «-QALIPORNIA -► NATIONAL Clirjr Three Year Operating Plan FTE Counts Department/Program Projected FTE Count Reduction Revised Total % Reduction Building 4 2 2 50.00% City Attorney 3.5 0.75 2.75 21.43% City Clerk 2 1 1 50.00% City Manager 7.8 1 6.8 12.82% Community Services 13.81 4.91 8.9 35.55% Engineering/Public Works 37.65 6.25 31.4 16.60% Finance 14.48 4.5 9.98 31.08% Fire 43 14 29 32.56% Housing & Grants 10.5 6.75 3.75 64.29% Human Resources 3 1 2 33.33% Library 15.85 5.4 10.45 34.07% MIS 3 0 3 0.00% Neighborhood Services 9.05 4 5.05 44.20% Planning 3 1 2 33.33% Police 123.82 37 86.82 29.88% Risk Management 1 1 0 100.00% Totals 295.46 90.56 204.9 30.65% Attachment C +►+ OALU[ORNIA ..r 1TIONAL CITY t+rcoaaamarrn Departmental THREE YEAR OPERATING PLAN Department Name: Building Department Description: The Building Division protects the public's health and safety by reviewing each building project for conformance with the requirements of adopted codes and by providing applicants with comprehensive direction on needed plan modifications. The Division also performs periodic inspections of all building projects to confirm construction is in accordance with approved plans and applicable codes and standards. General Budget: 2014 Adopted 2015 Estimated* 2016 Estimated* 2017 Estimated* Revenues $497,500 $497,500 $497,500 $497,500 Expenditures Personnel $337,708 $347,582 $357,959 $368,649 M&O $106,300 $106,300 $106,300 $106,300 Total Expenditures $444,008 $453,882 $464,582 $474,949 *include all projected changes in expenditures, revenues and staffing (i.e. salary adjustments, staffing increases or reductions) Revised General Fund Budget: 2014 Adopted 2015 Estimated* 2016 Estimated* 2017 Estimated* Revenues $497,500 $497,500 $295,670 $295,670 Expenditures Personnel $337,708 $347,582 $357,959 $209,804 M&O $106,300 $106,300 $106,300 $106,300 Total Expenditures $444,008 $453,882 $464,582 $316,104 Attachment C Program/Service Description: Review building projects for conformance with the requirements of adopted codes and by providing applicants with comprehensive direction on needed plan modifications. Perform periodic inspections of all building projects to confirm construction is in accordance with approved plans and applicable codes and standards. Proposed Changes Layoff two employees. This scenario is a permanent reduction of 1/2 of the total Building staff. Program Impacts • 24% cut will result in the layoff of two employees because 64% of the Building budget is personnel costs. o Layoff of (1) Senior Building Inspector and (1) Permit Technician: $158,845 in FY17 • Increased response times for processing building permits • Increased response times for processing plans • Increased dependence on Esgil (contractor) to process building permits/plans • Potential for non -compliant building structures being built due to lack of ability to conduct enforcement • Lost efficiency in processing business licenses that require Building approval • Large slow down due to staffing reductions o Building Permits o Enforcement Fines & Penalties o Plan Checking Fee Summary Total projected Savings: $158,845 Personnel Reductions- Dollar and % Savings: $158,845 (33%) in FY17 FTE Reductions: Position Title FTE* Count Senior Building Inspector 1.0 Permit Technician 1.0 Total 2.0 Major community impacts: Tax revenue generated from new development projects will be delayed due to staff shortages, which will result in less tax revenue income for the City. Attachment C *r CALIFORNIA -+R NATIONAL ,.CITY' l._ w ysYp Departmental THREE YEAR OPERATING PLAN Department Name: City Attorney Department Description: Legal General Budget: 2014 Adopted 2015 Estimated* 2016 Estimated* 2017 Estimated* Revenues n/a n/a n/a n/a Expenditures Personnel $538,519 $548,751 $559,359 $570,180 M&O $142,050 $142,050 $142,050 $142,050 Total Expenditures $680,569 $690,801 $701,409 $712,230 *include all projected changes in expenditures, revenues and staffing (i.e. salary adjustments, staffing increases or reductions) Revised General Fund Budget: 2014 Adopted 2015 Estimated* 2016 Estimated* 2017 Estimated* Revenues n/a n/a n/a n/a Expenditures Personnel $ 538,519 $ 548,751 $ 559,359 $ 471,427 M&O $ 142,050 $ 142,050 $ 142,050 $ 69,605 Total Expenditures $ 680,569 $ 690,801 $ 701,409 $ 541,032 Program/Service The City Attorney is the chief legal officer of the city under the direction and control of the City Council; and also acts as legal counsel for the Parking Authority, Successor Agency, and Joint Powers Financing District. Among other things, the city attorney prepares or Attachment C Three Year Operating Budget City Attorney Department Page 2 revises ordinances, is responsible for all litigation; makes recommendations for ordinances, resolutions or other documents or procedures affecting the legal position of the city; provides legal opinions; attends all meetings of the City Council, and other boards and commissions as necessary; reviews all contracts and instruments to which the city is a party; enforces city laws and regulations; and reviews and analyzes all state and federal legislation affecting the city. Objective: Continue to provide legal advice with the imposition of a 24% budget reduction amounting to $170,935 ($712,230 - $170,935= $541,295). Proposed Changes (describe changes including the effective date and any plans to phase in change or wind down a program if applicable) Effective 7/1/2016: 1) eliminate senior assistant city attorney position for annual savings of $64,061. 2) reduce deputy city attorney to % time position for an annual savings of $34,692. 3) reduce M&O by 51% for an annual savings of $72,445. Program Impacts (impacts include but are not limited to all of the following): Personnel Reductions We would eliminate one current position and reduce another position by 25%. Whether we could retain an attorney in the 3/ time position is questionable, thus exacerbating the potential impact to personnel reductions should that position be vacated. A reduction to staffmg as outlined, would most immediately impact legal support provided to City departments. Service Delivery Undoubtedly, the reduction in staffing would impair the department's ability to meet the legal needs of the City. There would be a direct impact to the timeliness of agenda items. Specifically, all items on the agenda would either require more time for legal review resulting in items delayed or would forego review resulting in potential legal vulnerability. A reduction in the legal review of matters exposes the City to greater litigation. For example, currently, legal staff reviews agenda items for compliance with our policies and law. Contracts are reviewed for compliance with our bidding requirements, and protests are reviewed as part of the process. Quasi-judicial matters are reviewed for sufficiency of evidence in the record before the decision maker, as well as for procedure. Quasi-judicial matters involve the legislative body to make a decision based on the body of evidence before them. Insufficient staffmg directly affects the ability to review such matters ahead and provide helpful legal advice. The City Attorney frames all ordinances and reviews them for legality. Agenda items are reviewed for compliance with the Brown Act. If there is insufficient staff to review such matters, they may be placed on the agenda with legal infirmity, leaving the City more susceptible to legal challenge. The types of challenges Attachment C Three Year Operating Budget City Attorney Department Page 3 described above are generally not covered by the City's insurance carrier. While not every challenge can be prevented, the risk is certainly minimized by having legal review. Legal Mandate As described above, delivery of legal services would be severely impacted. All cities have either in-house or contract city attorneys. The Government Code requires the city attorney to advise the elected body in all legal matters related to city business. (Government Code section 41801). A need for legal services will continue to be needed. The ability to serve those needs in a timely manner, however, would be severely impacted by a 24% budget reduction. Strategic Element The Strategic Plan sets forth five objectives. Legal support will be needed in reaching these objectives. M&O Reductions The 51 % reduction to M&O would reduce our ability to contract with specialists in certain areas of law. In addition, necessary training would be greatly reduced. Overall, we would operate on a very reduced budget that would increase the amount of time it would take to review legal matters, especially in specialized areas of law. Summary Total projected Savings: $170,935 Personnel Reductions- Dollar and % Savings: 898,753 14% savings FTE Reductions: .75 Position Title FTE* Count Senior Assistant 0.5 Deputy 0.25 Total 0.75 M & 0 Reductions- Dollar and % Savings: $72,445 10% savings Account Savings Governmental Purposes $ 1,000 Professional Services $ 46,945 Membership & Subscriptions $ 2,500 Training $ 8,000 Contract Services $ 12,500 Materials & Supplies $ 1,500 Total $ 72,445 Three Year Operating Budget City Attorney Department Page 4 Major community impacts: Attachment C The primary impacts to the community would be it would take longer for matters of community interest to be brought to fruition because legal review would take longer. In addition, matters such as amortization would be affected as there would not be sufficient budget to have the required legal staffing to move amortization forward. Importantly, reduced legal staffing resulting in reduced legal review could result in greater exposure to litigation. An increase in litigation requires an increase to the liability budget, requiring additional monies from the general fund. Attachment C 4.0 CALIFORNIA butTioNALarr C I— mcoasweu�'sc Departmental THREE YEAR OPERATING PLAN Department Name: City Clerk / Records Manager Department Description: The City Clerk / Records Manager, as the Custodian of City Records, maintains, manages and stores vital City records and documents including Ordinances, Resolutions, Contracts, Deeds and Bonds; prepares City Council Minutes; oversees the Records Retention and Document imaging Programs; responds to information and Public Records requests; administers City Elections; is the Filing Officer for Campaign Disclosure and Economic Interest Statements; prepares, publishes, posts and mails legal notices; holds the City Seal; certifies and attests City documents; administers all Oaths; maintains the Municipal Code; receives and opens bids; processes all incoming mail; administers interpretation / translation services and manages the Boards & Commissions application and appointment process. General Budget: 2014 Adopted 2015 Estimated* 2016 Estimated* 2017 Estimated* Revenues $600 L $600 $600 $600 Expenditures Personnel $206,811 $212,000 $217,476 $223,083 M&O $45,700 $45,700 $45,700 $45,700 Total Expenditures $252,511 $257,700 $263,176 $268,783 Revised General Fund Budget: 2014 Adopted 2015 Estimated* 2016 Estimated* 2017 Estimated* Revenues $600 $600 $600 $600 Expenditures Personnel $206,811 $212,000 $217,476 $145,107 M&O $45,700 $45,700 $45,700 $40,700 Total Expenditures $252,511 $257,700 $263,176 $185,807 Program/Service #1: Responding to and carrying out mandated statutory duties and responsibilities that serve the public, staff and City. Attachment C Description: Most of the activities carried out by the City Clerk/Records Manager are mandated by Statute and Ordinance. A listing of those responsibilities, duties and activities are as follows: Acts as Custodian of City Records (Ordinances, Resolutions, Contracts, Deeds, Bonds) Prepares Minutes Records documents Prepares, Mails, Posts and Advertises Public Notices Maintains, Certifies, Publishes and Codifies Ordinances into the Municipal Code Responds to information and Public Records Act Requests Conducts historical research for staff, other agencies and the public Oversees Records Retention Program Receives and logs all claims Acts as City's liaison with other agencies Scans documents into Records Management System for access & retrieval by public and staff Certifies and attests City Documents (1200+ per year) Administers Oaths Mails all executed contracts to venders Conducts Elections Serves as Filing Officer for Campaign, Economic Disclosure and other FPPC filings Receives and Opens bids Processes incoming mail / administers out -going mail Proposed Changes: Reduce staffing in the City Clerk's office by one position. That is the only way to achieve the targeted reduction. Program Impacts: The loss of one position would be a 50% reduction in staffing taking it to the lowest level in over 40 years. The service delivery obligations of the City Clerk/Records Manager all have Statutory and functional deadlines. Those deadlines could not be met with a 50% reduction in staffmg. Failure to meet those deadlines would have serious consequences both financially and operationally. The administration of the Board & Commission application and appointment process would no longer be possible by the City Clerk's Office and would need to be re-evaluated or re -assigned to another department. Summary Total projected Savings: $82,975 Personnel Reductions- $77,976 (29%) FTE Reductions: 1.0 Position Title FTE Count Administrative Secretary 1.0 Total 1.0 Major community impacts: A Reduction in personnel would cripple the ability of the City Clerk's Office to carry out its responsibilities under the law to the detriment of the public and community. The resulting consequences could be very costly both legally, administratively and functionally. Attachment C 0- CALIFORNIA ^+ NATIONAle arry eStert Departmental THREE YEAR OPERATING PLAN Department Name: City Manager Department Description: The City Manager provides the overall administration, leadership, and direction for the City organization. The City Manager's office identifies for the City Council community issues and needs requiring legislative policy decisions, assures that programs and services are effectively and efficiently provided, and fosters public awareness of municipal programs, services and goals. General Budget: 2014 Adopted 2015 Estimated* 2016 Estimated* 2017 Estimated* Revenues Expenditures Personnel $982,217 $1,003,993 $1,026,875 $1,050,306 M&O $19,320 $19,320 $19,320 $19,320 Total Expenditures $1,001,537 $1,023,313 $1,046,195 $1,069,626 Revised General Fund Budget: 2014 Adopted 2015 Estimated* 2016 Estimated* 2017 Estimated* Revenues Expenditures Personnel $982,217 $1,003,993 $1,026,875 $800,830 M&O $19,320 $19,320 $19,320 $12,070 Total Expenditures $1,001,537 $1,023,313 $1,046,195 $812,900 Proposed Changes Eliminating one and one half positions with across the board cuts to Maintenance & Operations budgets. Attachment C Program Impacts The elimination of the Community Development Executive Director position will be appropriate since the wind down of the redevelopment agency should be complete by 2016. We don't expect to budget that position in the future. Reduction of one Senior Office Assistant position to a halftime position will impact the department and put greater demands on administrative staff throughout the City.. Cutting the majority of the M&O budget would greatly reduce the levels of support the City Manager's office can contribute to overall city efforts and would limit the professional development opportunities for the department. A partial reduction of memberships & subscriptions is due to the need to be included with ICMA for additional resources and support. Summary Total projected Savings: $ 256,726 (24%) Personnel Reductions: $249,476 (23.3%) FTE Reductions: 1.5 Position Title FTE* Count Senior Office Assistant 0.5 Comm. Development Exec. Director 1.0 Total 1.5 M & 0 Reductions- Dollar and % Savings: $7,250 (0.7%) Account Savings 212: Governmental Purposes $250 213: Professional Services $2,250 222: Memberships & Subscriptions $1,000 226: Training, Travel, Subsistence $2,750 264: Promotional Activities $1,000 Total $7,250 Attachment C «.. CALIFORNIA NATIONAL Clyr Departmental THREE YEAR OPERATING PLAN Department Name: Community Services Department Description: The Community Services provides high quality facilities, services and cost effective programs which enhance the quality of life and encourage healthy living for community residents. Our mission is to provide excellent customer service and planning for the City's open space and facilities and celebrate the community's diversity through social, cultural, and civic activities for youth, adults, and senior citizens. The Community Services Department consists of Recreation, Senior Services, Neighborhood Councils, and Cultural Arts. General Budget: 2014 Adopted 2015 Estimated* 2016 Estimated* 2017 Estimated* Revenues $97,000 $97,000 $97,000 $97,000 Expenditures Personnel $445,577 $385,592 $389,138 $392,767 M & 0 (minus capital outlay) $47,431 $47,431 $47,431 $47,431 Total Expenditures (minus capital outlay) $493,008 $443,023 $436,569 $440,198 Revised General Fund Budget: 2014 Adopted 2015 Estimated* 2016 Estimated* 2017 Estimated* Revenues $77,000 $77,000 $77,000 $77,000 Expenditures Personnel $445,577 $385,592 $389,138 $298,408 M & 0 (minus capital outlay) $47,431 $47,431 $47,431 $36,047 Total Expenditures (minus capital outlay) $493,008 $443,023 $436,569 $334,550 1. Program/Service Attachment C Description: Casa de Salud and Manuel Portillo Youth Center teen program. Objective: The Supreme Teens Program provides a variety of positive youth development programs and recreational activities that stimulate and generate interest in healthy leisure pursuits, and provide a safe, well supervised, interactive environment free of gang activity with positive adult role models. It includes a physical fitness aspect- teens will participate in a variety of sports such as tennis, basketball, racquetball, swimming, hiking, bowling, fishing and other healthy activities. The program offers new experiences for teenagers and stimulates their interest in wholesome cultural activities such as attending plays, art exhibits, and athletic competitions. Teens also receive mentoring assistance by learning new computer software, receiving assistance with homework, as well as a variety of other development programs and recreational activities. The Supreme Teens program can help to develop an interest in hobbies such as ceramics, model cars, water coloring, drawing, and arts and crafts. The program promotes community volunteerism by encouraging teens to be more involved in City government and various other civic duties. Proposed Changes: Close Casa de Salud Recreation Center and discontinue associated programs including the teen program. If possible, expand on partnership with the YMCA to include teens. Eliminate part time staffing positions related to the program as well as maintenance and operating costs associated with operating the building. Program Impacts • This would impact four part time personnel as well as admin support. • This would be in line with strategic plan element 2e. Build cooperative partnerships with community organizations, schools, and other public agencies in the efficient and cost effective delivery of services. If possible, expand on partnership with the YMCA to include teens. • Estimated Savings- The estimated City savings would be $35,286. 2. Program/Service Description: El Toyon Recreation Center and Tiny Tots program Objective: The main goal of the Tiny Tot program is to enhance the toddlers overall social, physical and intellectual development in a classroom setting in preparation for kindergarten and elementary school. The children learn their alphabet, numbers, songs, manners/etiquette, playacting, months of the year, arts/crafts and other essential skills to prepare them for the first year of school. Proposed Changes: Close El Toyon recreation center and discontinue associated programs including the tiny tots program. Partner with the Boys and Girls Club to provide the Tiny Tots program. Eliminate part time staffing positions related to the programs as well as maintenance and operating costs associated with operating the building. Program Impacts • Personnel- This would impact four part time personnel as well as admin support. Attachment C • Eliminate part time staffing positions related to the program as well as maintenance and operating costs associated with operating the building. • If possible, expand on partnership with the Boys and Girls Club to manage the Tiny Tots program. This would be in line with strategic plan element 2e: Build cooperative partnerships with community organizations, schools, and other public agencies in the efficient and cost effective delivery of services. • Estimated Savings-$39,916. 3. Program/Service Description: Neighborhood Council Maintenance and Operating budget Objective: NHC M & 0 budget funds the Neighborhood Council breakfasts, special events such as Tower of Terror support, Christmas at Brick Row event, Movies in the Park series, and more. Proposed Changes: Reduce Neighborhood Council Maintenance and Operating budget thereby eliminating two of the four movies in the park events and two of the four Neighborhood Council (NHC) breakfasts. In addition, eliminating the budget associated with the Tower of Terror costume contest. Program Impacts • This would reduce part time personnel hours used for special events. It would also reduce administrative costs associated with putting these events on. Ultimately, it would reduce the City sponsored special events. • This would not be in line with strategic plan element 3c: Help organize community events and support social gatherings that benefit the total community. • If possible, expand on partnership with ARTS to cover the Tower of Terror costume contest. This would be in line with strategic plan element 2e: Build cooperative partnerships with community organizations, schools, and other public agencies in the efficient and cost effective delivery of services. • Estimated Savings- The estimated City savings would be $3,883 in M & O. • Estimated Personnel and Admin savings- $17,512 4. Program/Service Description: Community and Police Relations Commission Maintenance and Operating budget Objective: The Community and Police Relations Commission Maintenance and Operating budget funds are primarily for the membership to National Association for Civilian Oversight of Law Enforcement (NACOLE) and the costs to attend the annual conference. Proposed Changes: Eliminate Community and Police Relations Commission Maintenance and Operating budget. Program Impacts • This would not impact personnel. Attachment C • NACOLE serves as a resource and tool to both the Commission and City Staff; including the City Attorney's Office. The impact would be less knowledgeable/untrained CPRC commissioners and staff. o The annual NACOLE training conference increases the knowledge and skills of staff members and volunteers who work in oversight. o NACOLE membership provides technical assistance and advice to jurisdictions with oversight bodies. o NACOLE membership identifies best practices as they emerge from the experiences of members. • Estimated Savings- The estimated City savings would be $7,500. 5. Program/Service Description: Kimball Senior Center outside organization usage Objective: Kimball Senior center is used by outside organizations for room rentals which affects Community Services and Public Works staff hours. Proposed Changes: Eliminate outside organizations using the Kimball Senior Center facility on the weekends thereby saving the City personnel funds to staff the building and extra maintenance costs. Currently there are two non -City groups, Spearhead and Operation Samahan, that meet on the weekends at a cost of 156 staff hours annually. These are City Council approved groups that pay rental fees. Program Impacts • This would reduce the hours of one part-time position as well as additional public works hours spent cleaning and setting up/tearing down the facility. • Estimated Savings- The estimated City savings would be personnel costs of $1,644. Summary Total projected Savings: S105,742 Personnel Reductions- Dollar and % Savings: $94,359 (21.4%) FTE Reductions: Position Title FTE Count Recreation Aide 3.21 Recreation Specialist 1.44 Recreation Leader 0.26 Total 4.91 Attachment C M & 0 Reductions- Dollar and % Savings: $11,383 (2.6%) Account Savings NHC $3,883 CPRC $7,500 Total $11,383 Major community impacts: • Closure of two recreation centers • Elimination of Tiny Tots program • Elimination of Teen program • Reduction of City sponsored special events • Elimination of NHC breakfasts • Possible liability increase with no CPRC M & 0 • Elimination of outside organization usage of the senior center on weekends Attachment C ••. cM•IFOxxu -• t&TO.17 r" Departmental THREE YEAR OPERATING PLAN Department Name: Engineering & Public Works Department Description: Responsible for delivery of capital improvement projects, maintenance of public facilities, environmental compliance, plan reviews and permitting. General Budget: 2014 Adopted 2015 Estimated 2016 Estimated 2017 Estimated Revenues* $3,454,079 $3,454,079 $3,454,079 $3,454,079 Expenditures Personnel $796,759 $773,970 $797,385 $821,478 M&O $486,900 $486,900 $486,900 $486,900 Total Expenditures $1,283,659 $1,260,870 $1,284,285 $1,308,378 * Revenues shown reflect General Fund revenues only. Revised General Fund Budget: 2014 Actual 2015 Estimated 2016 Estimated 2017 Estimated Revenues* $3,454,079 $3,498,994 $3,567,824 $2,688,686 Expenditures Personnel 796,759 703,297 725,350 458,927 M&O 486,900 479,900 479,900 468,500 Total Expenditures $1,283,659 $1,183,197 $1,205,250 $927,427 * Revenues shown reflect General Fund revenues only Attachment C Program/Service: Engineering Description: Responsible for delivery of capital improvement projects, environmental compliance, plan reviews and permitting. Proposed Changes: Change in personnel to occur at the start of FY 2015, with full reduction by the start of FY 2017. Reduction in M&O to occur at the start of FY 2015 and remain fixed through FY 2017. • Personnel: o July 1, 2014 — Freeze Project Officer position, which was vacated due to employee retirement in FY 2014. o July 1, 2016 — Freeze Assistant Director of Public Works / Engineering, Management Analyst II and Civil Engineering Technician positions. • Maintenance and Operations: $7,000 from various accounts Program Impacts: • Service Delivery: Reduction in personnel will impact scope of capital improvement program, ability to apply for and management capital grants, and review time for plan checks and issuing permits. o Capital Improvement Program (CIP): Engineering currently manages a $50 million 5-Year CIP for the City. The Assistant Director of Public Works / Engineering and Management Analyst II are essential personnel for managing a CIP of this size. Without these positions, the CIP would need to be reduced by approximately 50% as staff will not have the capacity to aggressively apply for competitive grants (which include extensive reporting and delivery requirements) and effectively provide project accounting and management services. Programs / projects such as Safe Routes to School will be minimized. o Plan checks and permits: Elimination of the Assistant Director of Public Works / Engineering and Civil Engineering Technician will impact review times for plan checks and issuance of permits for grading and work within the public right of way. Review times are estimated to increase from 30 days or less to 45 days or less. o Customer Service: Elimination of a Civil Engineering Technician will impact customer service, which will result in longer wait times at the service counter and response times to requests for information. Staff estimates a 25% reduction in customer service. • Legal Mandates: The City is legally required to maintain environmental compliance. Elimination of the Assistant Director of Public Works / Engineering will impact staff s ability to maintain environmental compliance in stormwater, wastewater and HAZMAT. Attachment C Engineering will need to increase Contract Services for environmental support to assist staff with program management, reporting and inspections. • Estimated Savings: Reduction in personnel and M&O will result in an estimated savings of approximately $305,600 (-27%) in General Fund. Summary: Total Projected Savings: • Personnel Reductions (Dollar and % Savings): —$298,600 and —43% • FTE Reductions: Position Title FTE (General Fund) Assistant Director of Public Works / Engineering 0.50 Project Officer 0.85 Civil Engineering Technician 0.90 Total 2.25 • M & 0 Reductions (Dollar and % Savings): —$7,000 and —2% Account Savings Professional Services $20,000 Contract Services $(13,000)* Total $7,000 * Represents increase in Contract Services for environmental support to assist staff with program management, reporting and inspections to maintain environmental compliance (legal mandate). Major community impacts: • Estimated 50% reduction in CIP will impact the value and amount of public improvement projects for the community (i.e. Safe Routes to School, pedestrian and bicycle enhancements, traffic calming, etc.) • Estimated increase in review time for plan checks and issuing permits from 30 days or less to 45 days or less. • Estimated 25% reduction in customer service, which will result in longer wait times at the service counter and response times to requests for information. Attachment C Program/Service: Public Works Operations Description: Management and administrative support services for Public Works Proposed Chances: Reduction in M&O to occur at the start of FY 2017. • Maintenance and Operations: $11,400 from various accounts Program Impacts: • Estimated Savings: Reduction in M&O will result in an estimated savings of approximately $11,400 (-7%) in General Fund. Summary: Total Projected Savings: • Personnel Reductions (Dollar and % Savings): None • FTE Reductions: None • M & 0 Reductions (Dollar and % Savings): —$11,400 and —16% Account Savings Training $4,000 Contract Services $7,400 Total $11,400 Major community impacts: None Program/Service: Facilities Maintenance Description: Responsible for maintenance of City -owned buildings, including electrical, plumbing, HVAC and minor repairs. Proposed Changes: Reduction in personnel and M&O to occur at the start of FY 2017. • Personnel: o July 1, 2016 — Freeze Building Trades Specialist position. • Maintenance and Operations: $332,500 from various accounts Attachment C Program Impacts: • Service Delivery: o Elimination of Building Trades Specialist will impact response times to requests for service and repairs. Staff estimates a 35% reduction in response times. o Partnership with YMCA to carry out maintenance of Las Palmas Pool and Camacho Gym is estimated to reduce M&O by approximately 19%. • Estimated Savings: Reduction in personnel and M&O will result in a reduction of approximately $338,500 (-17%) in General Fund revenues. Summary: Total Projected Savings: • Personnel Reductions (Dollar and % Savings): —$6,000 and -1 % • 1+-1'L Reductions: Position Title Building Trades Specialist Total FTE (General Fund) 1.00 1.00 • M & 0 Reductions (Dollar and % Savings): —$332,500 and —19% Account Savings Electricity & Gas $149,000 Water $66,700 R&M Buildings & Structures $80,000 Chemical Products $36,800 Total $332,500 Major community impacts: • Estimated 35% reduction in response times to requests for service and repairs for City - owned buildings, including public library and MLK Jr. Community Center. • Estimated 19% reduction in M&O due to partnership with YMCA to carry out maintenance of Las Palmas Pool and Camacho Gym. Attachment C Program/Service: Equipment Maintenance Description: Responsible for maintenance of City fleet, which includes vehicles and heavy equipment. Proposed Changes: Reduction in M&O to occur at the start of FY 2017. • Maintenance and Operations: $316,000 from various accounts Program Impacts: • Service Delivery: o Proposed contract with fleet management company for modernization and maintenance of light and medium duty fleet is estimated to reduce M&O by approximately 25%. o Proposed reduction in Police Dept. fleet is estimated to reduce M&O by approximately 13%. • Estimated Savings: Reduction in M&O will result in a reduction of approximately $279,100 (-28%) in General Fund revenues. Summary: Total Projected Savings: • Personnel Reductions (Dollar and % Savings): None • FTE Reductions: None • M & 0 Reductions (Dollar and % Savings): —$316,000 and —38% Account Savings R&M Automotive Equipment $70,000 Gas, Oil & Lubricants $180,000 Automotive Parts $52,000 Tires $14,000 Total $316,000 Major community impacts: • Estimated 25% reduction in M&O due to proposed contract with fleet management company for modernization and maintenance of light and medium duty fleet. Attachment C Program/Service: Parks Description: Responsible for maintenance of City parks, landscaped medians and trees within the public right of way. Proposed Changes: Reduction in personnel and M&O to occur at the start of FY 2017. • Personnel: o July 1, 2016 — Freeze Park Superintendent, one Park Caretaker and both Seasonal Park Aide positions. • Maintenance and Operations: $4,350 from various accounts Program Impacts: • Service Delivery: o Responsibilities of the Park Superintendent will be carried out by the Director of Public Works / City Engineer, with the assistance of the Park Superintendent. o Elimination of Park Superintendent, one Park Caretaker and both Seasonal Park Aide positions will result in reduction in service levels. Staff estimates a 20% reduction in service levels, which will primarily impact requests for tree trimming and maintenance of landscaped medians. • Estimated Savings: Reduction in personnel and M&O will result in a reduction of approximately $127,300 (-32%) in General Fund revenues. Summary: Total Projected Savings: • Personnel Reductions (Dollar and % Savings): —$123,000 and ---14% • FTE Reductions: Position Title FTE (General Fund) Park Superintendent 1.00 Park Caretaker 1.00 Seasonal Park Aide 0.50 Seasonal Park Aide 0.50 Total 3.00 • M & 0 Reductions (Dollar and % Savings): —$4,400 and —4% Attachment C Account Savings Laundry & Cleaning $500 Wearing Apparel $470 Small Tools $380 Materials & Supplies $2,500 Mobile Tools $500 Total $4,350 Major community impacts: • Estimated 20% reduction in service levels, which will primarily impact requests for tree trimming and maintenance of landscaped medians. Attachment C «- cALIFOsxtA *� NATION QyY C it m' Departmental THREE YEAR OPERATING PLAN Department Name: Finance Department Description: The Finance Department is responsible for City-wide financial management activities including accounting and financial reporting, accounts payable, accounts receivable, investments, payroll and procurement. General Budget: 2014 Adopted 2015 Estimated' 2016 Estimated' 2017 Estimated' Revenues2 $727,150 $758,700 $790,200 $821,700 Expenditures Personnel 1,131, 549 1,152,273 1,174,825 1,197, 835 Mand° 320,847 320,847 320,847 320,847 Total Expenditures $1,452,396 $1,473,120 $1,495,672 $1,518,682 1. includes projected changes in expenditures, revenues, and staffing 2. includes business licenses, investment earnings, garage sale permits, and administrative fees (dog licenses) Revised General Fund Budget: 2014 Adopted' 2015 Estimated' 2016 Estimated' 2017 Estimated' Revenues2 $727,150 $758,700 $790,200 $821,700 Expenditures Personnel 1,131,549 1,152,273 1,174,825 933,674 MandO 320,847 314,847 316,772 220,493 Total Expenditures $1,452,396 $1,467,120 $1,491,597 $1,154,167 1 includes adjustment for reduced audit expenses 2 includes business licenses, investment earnings, garage sale permits, and administrative fees (dog licenses) Attachment C Accounting and Financial Reporting, Accounts Payable., Accounts Receivable, Payroll, Purchasing Description: Accounting and financial reporting includes bookkeeping, reporting, and audit and financial statement preparation. Accounts Payable is responsible for payment of the City's financial obligations (except for employee salaries and related expenses) and vendor file maintenance. Accounts Receivable collects, deposits, and posts all revenues received by the City and issues business licenses and (some) permits. Payroll is responsible for administration of employee compensation, employment taxes, and other deductions. Purchasing coordinates the City's acquisition processes, storage and delivery of supplies, and disposal of surplus property. Proposed Changes Eliminate three (3) Accounting Assistant positions, one (1) Accountant, and the Stock Clerk / Storekeeper position. This staff reduction would occur October 1, 2016, (is that what your table reflects? The decision was for all departments to make all reductions effective July 1) coinciding with effective date of the elimination of the District Sales Tax, unless required earlier by City Council or the City Manager. A reduction of $100,354 in Maintenance and Operations accounts. Appropriations associated with revenue -generating programs would not be reduced or eliminated. These expense cuts would be effective July 1, 2016. Program Impacts Although all departmental services and functions are expected to continue, the proposed staff reductions would result in considerably diminished service and production levels, including: • significantly increased wait and processing times for business licenses, garage sale permits, and dog licenses; • delayed payments to vendors (and possible resulting late fees); and • an extended audit and fmancial statement preparation timetable, as well as later account reconciliations, journal entries, and other adjustments. In addition, the lack of available support and backup staff is likely to also result in overtime work or compensatory time accrual, at times of heavy workloads and when important deadlines approach. (Overtime and compensatory time would need to be factored into future budgets, with funding probably coming from deeper cuts to Rentals and Leases.) Further, without a Stock Clerk / Storekeeper, departments may need to coordinate pickup of materials stored or delivered to the warehouse / storage facility. Finally, many non -essential functions likely would be suspended or discontinued altogether, in favor of those considered critical.(like what?) Attachment C Impacts of Maintenance and Operations cuts proposed: • important training and educational opportunities likely would be missed (due to the reduction of the Training, Travel, and Subsistence budget), hampering the department's ability to stay current on legal updates and generally accepted governmental accounting practices, thus increasing the City's exposure; • staff would be required to estimate revenues internally (resulting from elimination of property tax consultation services [Professional Services]); and • the ability to produce documents quickly would be diminished (with fewer copiers and printers [Rentals and Leases]). Summary Total projected Savings: $364,515 Personnel Reductions- Dollar and % Savings: $264,161 (22.1 %) FTE Reductions: 4.5 FTE Position Title FTE Count Accounting Assistant 3.0 Accountant 1.0 Stock Clerk / Storekeeper 0.5 Total 4.5 M and 0 Reductions- Dollar and % Savings: $100,354 (31.3%) Account Savings Furniture and Furnishings $45,000 Professional Services 19,600 Rentals and Leases 16,800 Training, Travel, and Subsistence 14,900 Auditing Services 2,054 Printing and Binding 1,000 Duplicating Supplies 1,000 Total $100,354 Major community impacts: Significantly reduced service levels, including longer wait times, extended processing times, and delayed payments to vendors. Attachment C 4.. CALIFORNIA - tainiONAL L+rvconroamin. Departmental THREE YEAR OPERATING PLAN Department Name: Fire Department Description: The National City Fire Department prevents destructive fires from starting through public education and code enforcement activities. For those fires that do occur, the National City Fire Department provides early confinement and extinguishment while minimizing the risk of further property damage, injury, and death. In addition, the National City Fire Department provides immediate rescue and medical aid to citizens who become victims of sudden illness and/or accidents. General Budget: 2014 Adopted 2015 Estimated* 2016 Estimated* 2017 Estimated* Revenues $1,334,001 $1,366,607 $1,399,953 $1,434,112 Expenditures Personnel $6,080,934 $6,592,355 $6,836,837 $7,091,565 M&O $572,738 $572,738 $572,738 $572,738 Total Expenditures $6,653,672 $7,165,093 $7,409,575 $7,664,303 *includes all projected changes in expenditures, revenues and staffing (i.e. salary adjustments, staffing increases or reductions) Revised General Fund Budget: 2014 Adopted 2015 Estimated* 2016 Estimated* 2017 Estimated* Revenues $1,334,001 $1,366,607 $1,399,953 $1,434,112 Expenditures Personnel $6,080,934 $6,592,355 $6,836,837 $5,241,123 M&O $572,738 $572,738 $572,738 $572,738 Total Expenditures $6,653,672 $7,165,093 $7,409,575 $5,813,861 Attachment C Program/Service Description: Fire Operations - Operations personnel are staffed twenty-four hours a day, 7- days a week and are the first responders on all emergencies occurring in the City; responds to other cities and counties per comprehensive mutual aid agreements; implements a rigorous training curriculum that includes mandated Federal and State certifications, county -wide in- service training, and department specific training which includes stringent testing and promotional certifications; conducts station tours for schools and public service groups; participates in public events; and maintains fire station facilities and apparatus. Fire Administration - under the guidance of the Director of Emergency Services, oversees the operation of the Fire Department: submits and administers the annual operating budget; oversees all aspects of personnel management including hiring, promotions, on the job injuries, mandated training, and payroll; completes all Department purchases; responds to inquiries from the public; maintains a liaison with City government (City Manager, Mayor, City Council) and other City departments; plans and coordinates public events; attends public functions; establishes and implements the annual Strategic Plan; and sets goals and determines the future needs of the Department. Fire Prevention - under the supervision of the Fire Marshal, is responsible for identifying and mitigating possible safety hazards and concerns through an aggressive business inspection program; provides plan check services for fire department related aspects of all construction, remodels and tenant improvements in the City; coordinates with other City departments to assist citizens and contractors in complying with City codes; provides a comprehensive public education program to all age groups from pre-school children to senior citizens; administers a Juvenile Fire Setter program to respond to the needs of children and adolescents at risk of causing fire damage and injuries; and responds to complaints regarding code enforcement issues. Proposed Changes • Layoff Personnel — a 24% budget reduction can only be achieved by layoffs of Administrative and Firefighter personnel, thereby closing one fire company. This scenario is a permanent reduction of 1/3 of the total fire resources of the City. o Layoff of (3) Captains, (3) Engineers, (6) Firefighters: $1.76 million o Layoff of (2) Fire Inspectors: $188k Program Impacts • Close Fire Station #31 • 24% (or approximately $1.9 million) cut will result in closing Station 31 because 82% of the NCFD budget is personnel costs o Layoff of (3) Captains, (3) Engineers, (5) Firefighters: $1.76 million o Layoff of (2) Fire Inspectors: $188k o Increased firefighter injuries due to inadequate staffing • Increased patient pain and suffering; loss of life • Increased ISO rating results in increased insurance rates by 5-10% for homeowners and businesses Attachment C • Increased property losses • Non-compliance with NFPA 1710: o Requires 17 firefighters on fire ground o Currently a maximum of 13 NCFD firefighters will respond plus 4 firefighters from other fire departments o Proposed closure a maximum 9 NCFD firefighters will respond plus 8 firefighters from other fire departments o Half of the responding firefighters will be from other fire departments • Increased reliance on automatic aid • Increased response times and workload from Station 34 • Increased response times from other fire departments: 15-20 minute response times • Increased dependence on other fire departments that may not be available for responses to National City • Potential for other fire departments to charge for responding to National City • Reduced productivity and morale may result in increased turnover of firefighters; cost to recruit, train, and equip (1) firefighter: $15,000 • Lost efficiency on fire ground due to recruit firefighter inexperience — (3) years to fully train a firefighter • Potential for no response east of 1-805 after a natural disaster such as an earthquake • Lost Revenue o Lower Sweetwater Fire Protection District Contract: $275,000 per year o American Medical Response: $23,580 per year • Increased response times for processing business licenses • Increased response times for processing plans • Increased dependence on Esgil (contractor) to process building permits/plans • Reduced productivity and morale • Potential for non -compliant building structures being built due to lack of ability to conduct enforcement • Lost efficiency in processing business licenses that require Fire approval • Potential to lose revenue due to staffing shortages o Building Permits o Enforcement Fines & Penalties o Plan Checking Fee 0 Attachment C Summary Total projected Savings: $1,850,442 Personnel Reductions- Dollar and % Savings: $1,850,442 (24%) in FY17 FTE Reductions: Position Title FTE* Count Fire Captain 3.0 Fire Engineer 3.0 Firefighter 6.0 Fire Inspector 2.0 Total 14.0 M & 0 Reductions- Dollar and % Savings: N/A Major community impacts: Closure of Station #31 would result in longer response times, which will result in increased patient pain and suffering; loss of life, and property damage. Tax revenue generated from new businesses will be delayed due to staff shortages, which will result in less tax revenue for the City. Attachment C NATIONAL CALIFORNIA Departmental THREE YEAR OPERATING PLAN Department Name: Housing, Grants & Asset Management Department Description: The department works to process grants, improve housing conditions, provide a senior wellness program, and administers real property asset management services for properties owned by the City of National City. ral Budget: 2014 Adopted 2015 Estimated* 2016 Estimated* 2017 Estimated* Revenues County Contract $ 270,000 $ 270,000 $ 270,000 $ 270,000 General Fund $ 405,663 $ 405,663 $ 405,663 $ 405,663 Program Income $ 99,000 $ 99,000 $ 99,000 $ 99,000 Other $ 31,500 $ 31,500 $ 31,500 $ 31,500 Total Revenues $ 806,163 $ 806,163 $ 806,163 $ 806,163 Expenditures Personnel $ 523,392 $ 525,033 $ 538,134 $ 551,611 M&O $ 106,850 $ 106,850 $ 106,850 $ 106,850 Food/Supplies $ 265,000 $ 265,000 $ 265,000 $ 265,000 Total Expenditures $ 895,242 $ 896,883 $ 909,984 $ 923,461 Revised General Fund Budget: 2014 Adopted 2015 Estimated* 2016 Estimated* 2017 Estimated* Revenues County Contract $ 270,000 $ 270,000 $ 270,000 $ 0 General Fund $ 405,663 $ 405,663 $ 405,663 $ 80,649 Program Income $ 99,000 $ 99,000 $ 99,000 $ 99,000 Other $ 31,500 $ 31,500 $ 31,500 $ 20,000 Total Revenues $ 806,163 $ 806,163 $ 806,163 $ 199,649 Expenditures Personnel $ 523,392 $ 525,033 $ 538,134 $ 151,989 M&O $ 106,850 $ 106,850 $ 106,850 $ 42,500 Food/Supplies $ 265,000 $ 265,000 $ 265,000 $ 0 Total Expenditures $ 895,242 $ 896,883 $ 909,984 $ 194,489 1 Attachment C Program/Service #1 — Nutrition Center Description: The objective of the program is to promote better health through good nutrition, reduced isolation, sound education and information to meet the needs of older adults. The George H. Waters Nutrition Center (Nutrition Center), located at 1415 D Avenue, National City, is an anchor in the National City community where a wide segment of older adult population have outlived their social circles and for whom isolation is a critical issue; those that may be exhausted by the idea of meal preparation; those that have lost their sense of taste and have become indifferent to cooking; and all of whom need one warm, well -balance meal daily. The Nutrition Center served its first meals in both the congregate setting and home delivered meals in 1979. For many years the center has provided meals to the Adult Day Health Care Centers under the auspices of Adult Protective Services. Home delivered meals have been a part of the center program since 1980 serving over 100 homebound, frail or otherwise disabled or handicapped seniors. The Nutrition Center is funded thru the Older American Act Title III. This federal program is administered by both State and County and is regulated by the California Department of Agriculture (CDA.) There are two components fundamental to the operation of the Nutrition Center: One is to recognize that wholesome food is essential to maintain a sense of physical well-being and two, to create an atmosphere where food is a shared social experience that offers companionship, creates a sense of daily comfort and security, and encourages fellowship through peer involvement. Since its inception, the Nutrition Center has provided hot meals to thousands of senior residents at reduced costs. The Nutrition Program offers one on -site (congregate) nutritionally balanced meal per day for senior adults sixty (60) years and older. In 2013, the average congregate meal count has been one -hundred sixty-seven (167) per day and another one -hundred (100) meals delivered through the Home Delivery Program. Meals are prepared on -site by an Executive Chef and a team of food service professionals. Proposed Chances In order to achieve the required savings and maintain services, the Nutrition Center should be considered for outsourcing to a third party contractor to assume all obligations of the County of San Diego contract including all operational food service management responsibilities. There are private operators of similar programs that produce high volumes of meals per day on a national level. This model provides operators with enormous buying power for raw food product and considerable expertise in cost effective production techniques. The County contract allows the City Nutrition Center to disentangle services and transition to a new third party service provider. The City of National City entered into the current contract with the County of San Diego on July 1, 2010. The contract cannot be extended beyond June 30, 2014. The contract requires the City's Nutrition Center Program to provide 38,400 congregate meals and 29,700 home delivered meals. The contract also requires the City to maintain an adequate number of qualified persons to assure satisfactory implementation of: program planning, provision of nutrition services, outreach and other services, 2 Attachment C volunteer activities, financial and contractual management, and data collection for required federal, state and county reports and records. On July 1, 2014, the City and County may be entering into a new one (1) year contract with a County option to extend for three (3) increments of one (1) year each for a total of three (3) years beyond the expiration of the initial term. The term of the contract potentially could be extended to June 30, 2018. As with the current contract, the new contract will require the City maintain an adequate number of qualified persons to assure the delivery of services. Though the Nutrition Center has been providing an excellent nutritional program for seniors, it has a history of operating with a funding deficiency. For many years, the City has provided an operating subsidy to the Nutrition Center program. The City/County agreement is not structured to allow a contractor, such as the City, to maintain a fully staffed kitchen without some form of additional revenue. Listed below are the annual subsidy amounts funded from the City general fund over the last four (4) years. FY 10 -$320,589 FY 11 -$366,260 FY 12 -$269,349 FY 13 -$308,499 The city general fund annual subsidy averaged $317,468 over the past four years. The City's Finance Department estimates the general fund operating subsidy to increase to slightly over $405,663 in FY 2014. Furthermore, due to federal budget cuts related to federal sequestration for Fiscal Year 2013-14, the FY 2014 budget was reduced by $58,642 by the County Department of Aging and Independent Services. Future reductions to the County contract are uncertain at this time. A competitive solicitation should be authorized in the first quarter of calendar year 2016 to procure a qualified and experienced operator interested in accepting the operational obligations of the George H. Waters Nutrition Center beginning July 1, 2016. Outsourcing of the program would allow the City of National City to continue this valuable service at a substantial savings. Should the food preparation component be outsourced, the home delivery and congregate meal dining room may only require approximately three (3) part-time positions to operate at a salary/benefits costs of approximately $105,340 and $4,500 in maintenance/operations. The City may be able to negotiate with the County of San Diego to retain program income (estimated at $99,000 plus) or a portion thereof from customer donations. Proeram Impacts If a 24% reduction is proposed, a cutback in the operating budget would make it highly improbable that the Nutrition Center could meet the County contract requirements listed above. As stated above, the objective of the program to promote better health through good nutrition, reduced isolation, sound education and information to meet the needs of older adults would continue. The dining 3 Attachment C room would remain open to create an atmosphere where food is a shared social experience that offers companionship, creates a sense of daily comfort and security, and encourages fellowship through peer involvement. Additionally, seniors would continue to receive wholesome food from a reputable third party provider both in the dining room and through the Home Delivery Program. Customers, however, may notice a change to the quality of food. Food would undoubtedly be prepared in a larger commercial kitchen with, perhaps, less emphasis on food quality. The outsourcing of the food preparation component of the Nutrition Center Program would result in the closure of the kitchen and the elimination of six and three quarter (6 3/4) part/full time positions with a total savings of approximately $360,973. There are no other public or private entities in the South Bay who duplicate the Nutrition Center's program for the benefit of the seniors. The only other meal service in the area, St. Jude's Catholic Church, discontinued services in June 2013. According to the Nutrition Center Program Manager, the Nutrition Center inherited many of the clients from St. Jude's Catholic Church. The Nutrition Center Program is consistent with Strategic Plan Objective 5e) which reads "Advance National City wellness programs for youth, families, seniors, and City employees that encourage a healthy lifestyle." Summary Total projected Savings: $424,723 Personnel Reductions: $360,973 % Savings 79% FTE Reductions: 6 Position Title Nutrition Center Manager Executive Chef Sous Chef Home Delivered Meals Coord Office Assistant Food Service Worker Food Service Worker Food Service Worker Dishwasher Total FTE* Count 1.0 1.0 1.0 0.25 1.0 0.5 0.75 0.75 0.5 6.75 Savings $113,064 $ 70,426 $ 57,862 $ 13,964 $ 52,686 $ 10,636 $ 22,793 $ 10,089 $ 9.453 $360,973 (75% Savings) 4 M & 0 Reductions- Dollar and % Savings: Account Savings Electricity and Gas Permits and Licenses Kitchen Equipment Consumable supplies Total $20,000 $ 250 $ 3,000 $40,500 $63,750 (93% Savings) Attachment C Major community impacts: 1. Outsourcing of jobs and loss of employment by kitchen staff. 2. Loss of local control on the way service is managed and how decisions are made. 3. Possible decline of food quality. 4. Possible loss of customers because of decline of food quality. 5. Possible loss of customers because they feel disconnected with new provider. 6. Loss of County contract funding due to loss of customers. 5 Attachment C Program/Service #2 - Department Administration Description: The purpose of the Director is to plan, organize, and direct the activities of the Housing, Grants, and Asset Management department, including the supervision, training, and evaluation of employees; provide professional leadership for the department and participate as an effective executive team member. Proposed Changes The general fund has supported 50% of the Director's position because he oversees both the Nutrition Center and Asset Management responsibilities that are funded partially through the general fund. Community Development Block Grant funds, HOME funds, and Low Mod Housing Funds (Account 532) are restricted funds and should not be used entirely to fund a position that has general fund responsibilities. The department has also brought in approximately $2,074,940 in revenues to the general fund this year. Additional lease revenues to the general fund of $75,000 are anticipated from lease payments beginning in FY 17. Nevertheless, the general fund portion for this position may be reduced to 25%. Beginning on July 1, 2016, the Director's position will be budgeted at 25% from the general fund rather than 50%. Should the City Council decide to sale some of its real estate portfolio, a substantial amount of revenue will accrue in the city's general fund account. It is estimated that the sale of city property may increase general fund revenues substantially over the next 2-3 years. Should these revenues come to fruition, then the general fund proportionate share for salary/benefits for the Director, Division Manager, and Property Agent should increase proportionately as general fund revenues increase. Program Impacts No impacts will be experienced by the programs currently being administered by the Department of Housing, Grants, and Asset Management. In FY 17, by appropriating 25% of the Directors position cost to account 532 (Low Mod Housing Fund), the city general fund would save approximately $42,649. To avoid any audit findings, the City must be careful not to fund positions disproportionately to the percentage to activities associated to federal grants and local activities. This program is consistent with Strategic Plan 4) "Enhance Housing and Community Assets." Summary Total projected Savings: $42,649 (50%) Personnel Reductions- Dollar and % Savings: $42,649 (50%) FTE Reductions: .25 Position Title FTE* Count Savings Executive Director .25 $42,649 6 M & 0 Reductions- Dollar and % Savings: Account Professional Services Training, Travel Loan Settlements Materials & Supplies Total Major community impacts: None Savings $ 24,000 $ 1,000 $ 12,500 $ 500 $ 38,000 (0%) 7 Attachment C Attachment C -- cAurenai* -b NATIONAL Departmental THREE YEAR OPERATING PLAN Department Name: Human Resources Department Description: The Human Resources Department has overall responsibility for the recruitment and examination of all job applicants, administration of the of the City's classification and compensation system, labor negotiation and contract administration, and administration of the equal opportunity program. In addition, the Department manages employee benefit programs and investigates possible disciplinary actions. While working closely with the Civil Service Commission, the Human Resources Department provides technical assistance to other departments regarding staffing, discipline, organizational structure, and the interpretation of Civil Service Rules and State and Federal personnel laws and regulations. General Budget: 2014 Adopted 2015 Estimated* 2016 Estimated* 2017 Estimated* Revenues Expenditures Personnel $332,068 $339,556 $347,441 $355,498 M&O $58,870 $58,870 $58,870 $58,870 Total Expenditures $390,938 $398,426 $406,311 $414,368 Revised General Fund Budget: 2014 Adopted 2015 Estimated* 2016 Estimated* 2017 Estimated* Revenues Expenditures Personnel $332,068 $339,556 $347,441 $285,858 M&O $58,870 $58,870 $58,870 $29,060 Total Expenditures $390,938 $398,426 $406,311 $314,918 Three Year Operating Plan — Human Resources Page 1 of 3 Attachment C Prosram/Service Description: Recruitment and selection; employee training and development; and customer service. Objective: To ensure compliance with local, State and Federal laws as they pertain to the selection, retention and separation of the City of National City labor force, in a manner consistent with the City's core values and strategic objectives. Proposed Chanties Human Resources proposes to reach the 24% reduction in fiscal year 2017 through a combination of Personnel and Maintenance and Operation (M&O) reductions. Personnel: elimination of 1.0 Administrative Secretary for an estimated savings of $69,640. M&O: a reduction of $29,810 from various line items. Proeram Impacts Personnel The Human Resources Department is composed of 2.0 full-time positions: 1.0 Management Analyst II and 1.0 Administrative Secretary. Staff is managed and additional professional level administrative support is provided by the Director of Administrative Services. At full staff, the department has 4.0 positions: 1.0 Management Analyst II, 2.0 Executive Assistant II and 1.0 Administrative Secretary. The current staffing presents a 50% reduction in total staffing and a 100% reduction in paraprofessional staffmg (the loss of the 2.0 Executive Assistants II). With the proposed reduction of 1.0 Administrative Secretary, the department will experience a 75% reduction in staffing. Impacts will include: • "Dark hours" wherein the offices are closed to the public (both telephone and walk-ins) due to insufficient staffing levels. Dark hours are anticipated to be not less than 8 hours per week. • Delays in processing new employees and volunteers • Delayed response to requests for service from employees and the public • Delays to reporting to regulatory agencies such as the Employment Development Department and Ca1PERS. Maintenance and Operation • The loss of training dollars will hamper the department's ability to stay abreast of current trends and legal mandates which may result in increased litigation costs. • The loss of medical services, professional services, advertising, and promotional activity dollars: o Will restrict the department's ability to recruit, test and process new hires and promotional candidates for safety sensitive and other critical positions. Three Year Operating Plan — Human Resources Page 2 of 3 Attachment C o All non -legally mandated training City-wide training (ie customer service training) will be suspended. • The loss of governmental purposes dollars will result in a suspension of the employee service award program. Summary Total projected Savings: $99,450 Personnel Reductions- Dollar and % Savings: $69,640 (16.81%) FTE Reductions: Position Title FTE Count Administrative Secretary 1.0 Total 1.0 M & 0 Reductions- $29,810 (7.19%) Account Savings Medical Services $4,000 Technical Services $ 500 Governmental Purposes $7,430 Professional Services $6,000 Training $4,380 Printing $ 500 Advertising $1,000 Promotional Activities $5,800 Office Equipment $ 200 Total $29,810 Major community impacts: • Significant delays in processing employee applications • Significant delays in processing new hires • Delays in Human Resources' hiring processes result in decreased efficiency in other City departments caused by reduced staffing thus indirectly reducing service levels to the community Three Year Operating Plan — Human Resources Page 3 of 3 Attachment C +•• CALIFORNIA �+ NATIONAL crry C rwcosors9 Departmental THREE YEAR OPERATING PLAN Department Name: Library Department Description: General Budget: 2014 I Adopted 2015 Estimated* 2016 I Estimated* 2017 Estimated* Revenues $ $944,414 $944,414 $944,414 $944,414 Expenditures Personnel $860,304 $860,304 $860,304 $860,304 FT: $532,219 FT: $532,219 FT: $532,219 FT: $532,219 PT: $328,085 PT: $328,085 PT: $328,085 PT: $328,085 M&O $80,587 $80,587 $80,587 $80,587 Total Expenditures $944,414 $944,414 $944,414 $944,414 Revised General Fund Budget: 2014 I Adopted 2015 Estimated* 2016 Estimated* 2017 Estimated* Revenues $944,414 $944,414 $944,414 $717,755 Expenditures Personnel $860,304 $860,304 $860,304 $678,038 FT: $532,219 FT: $532,219 FT: $532,219 FT: $532,219 PT: $328,085 PT: $328,085 PT: $328,085 M&O $80,587 $80,587 $80,587 $39,717 Total Expenditures $944,414 $944,414 $944,414 $717,755 Program/Service #1 - Library Services Description: Library Services: Circulation, Children's Services, Reference Services, Technical Services. Technical Support, and Computer Centre Services. 12.2.13 and Attachment C Proposed Changes Effective July 1, 2016, the following cost-cutting measures will be implemented: 1. Reduction in Library Service Hours; 2. Reduction in Staffing Levels 1. Reduction in Library Service Hours Reduce hours of operation from the current weekly 48 hours to 37 hours with shorter weekday hours from Mondays to Thursdays and fewer weekend hours. Current Business Hours: 48 hours Proposed Business Hours: 37 hours Monday - Thursday 10:00 am — 8:00 pm Monday — Thursday 12:00 — 8:00 pm Friday Closed Friday Closed Saturday 1:00 — 5:00 pm Saturday Closed Sunday 1:00 — 5:00 pm Sunday 12:00 — 5:00 pm * Plus additional facilities/utilities cost savings 2. Reduction in Staffing Levels Reducing hours of operation will invariably impact staffing levels. The library will be open fewer hours and staffing levels will be lower during the hours that it is open. The proposed business hours schedule translates into a loss of 10 part-time positions or 4.5 FTE positions. Current PT Positions Proposed PT Positions Positions # of positions Weekly Hours # of positions Weekly Hours Circulation 10 130 7 70 Children's Services 2 24 1 13 Reference 6 89 4 44 Technical Services 2 30 0 0 Technical Support 1 19 0 0 Computer Centre 4 52 3 37 Total: # positions: 25 Weekly: 344 h # positions: 15 Weekly: 164 h Loss: 130 h or 4. 5 FTE positions Program Impacts • Personnel • Fewer front line and support staff; or ▪ "Single -desk service" model • Increased workload on remaining staff • Emotional impact on workforce: stress, low employee morale. • Service delivery • Service reductions and/or eliminations • Increase of self-service and online options • Reduction of direct or one-on-one customer assistance 12.2.13 and Attachment C • Longer waiting times, longer handling times, slower workflow • Fewer new materials purchase; slower turnaround time for new materials • Elimination of in-house cataloging/material processing service • Fewer quality databases available at the library and remotely from home • Technology upgrade and/or technical -related expenses postponement/delay • Likely to do more customer referrals to peer libraries or other agencies • Estimated Savings ■ $147,430 Program/Service #2 — Literacy Services Description: Literacy Services: Adult Literacy, Family Literacy, and Computer Literacy Services. Proposed Chances Effective July 1, 2016: Elimination of Literacy Services. Currently Literacy Services is supported by Literacy and CDBG grants which cover 70% of the Literacy Coordinator position; and by the General Fund which covers the Literacy support staff. Unless other grant opportunities can be identified to fund the operation, Literacy Services will be discontinued, a loss of 3 positions or 0.90 FTE position. Current Literacy Hours: 30 hours Proposed Literacy Hours: 0 Monday - Thursday 11:00 am — 6:00 pm Service will not be provided Some weekend hours to accommodate learners who cannot come in during the week C Current PT Positions Proposed PT Positions # # of positions Weekly Hours # of positions Weekly Hours Literacy 3 36 0 0 Loss: 3 positions or 0.90 FTE positions Program Impacts • Personnel ■ Loss of 3 positions • Service delivery • Elimination of Literacy Services • Learners to be referred to other Literacy programs in San Diego • Estimated Savings • $38,320 12.2.13 and Summary Total projected Savings: Personnel Reductions- Dollar and % Savings: FTE Reductions: Position Title Librarian Sr. Library Technician Library Technician Library Assistant Office Aide Total M & 0 Reductions- Dollar and % Account Memberships/Subscription Printing & Binding Postage Contract Services Magazines/Newspapers Books Budget Materials & Supplies Total FTE* Count 1.125 0.30 0.275 1.60 2.10 5.4 Savings: Savings/reductions $57 $500 $3,000 $6,850 $1,000 $25,000 $ 4,463 $40.870 Attachment C Personnel: $185,750 M & O: $40,870 Total savings: $226,620 $185,750 b 19.67% savings 5.40 FTE reductions $40,870 b 4.33 Major community impacts: The Library offers the community free access to materials, resources, literacy services, quiet study spaces, computers, and the Internet. People need an Internet connection to access basic and crucial services for their daily needs such as: applying for government programs, permits, licenses, jobs online; obtaining health information; taking online classes or completing online certification programs; paying bills: visiting social networking sites, just to name a few. Reducing services and operating hours will restrict access to the only free resources people have come to rely on so heavily and make it more difficult for individuals and families to survive and weather out the economy crisis. 12.2.13 and Attachment C NATIONAL CITY Departmental THREE YEAR OPERATING PLAN Department Name: Management Information Systems Department Description: MIS division advises the City Manager's Office and other City departments on technology issues. Information Technology staff implements solutions, repairs systems, installs software and provides support to users in City departments. General Budget: Revenues + Expenditures Total Expenditures +stated revenue represents revenue provided to this Internal Service Fund from the General Fund. This exercise should be based upon a 24% reduction in this figure. Personnel M&O 2014 2015 Adopted Estimated* $1,736,188 $1,736,188 $331,369 $1,404,819 $341,275 $1,394,913 2016 2017 Estimated* Estimated* $1,736,188 $1,736,188 $351,718 1,384,470 $1,736,188 Revised General Fund Budget: Revenues 2014 Adopted $1,736,188 $1,736,188 $362,475 $1,373,713 $1,736,188 2015 k 2016 2017 Estimated* Estimated* I Estimated* Expenditures Personnel M&O Total Expenditures $1,736,188 $1,736,188 $331,369 $1,404,819 $1,736,188 $341,275 $1,394,913 $1,736,188 $1,736,188 $1,319,503 $351,718 1,384,470 $1,736,188 $362,475 957,028 1,319,503 Three Year Operating Plan — MIS Page 1 of 2 Attachment C Program/Service Description: Purchase and support of City-wide technology. Proposed Changes M&O: a reduction of $416,685 from various line items. Program Impacts • Reduced network support which could result in system outages • 20% reduction in City -issued cellular and smart phones • 15% reduction in software and hardware purchases • Suspension of capital outlay projects such as the Library and Police Department service equipment refresh projects. Summary Total projected Savings: $416,685 Personnel Reductions- Dollar and % Savings: n/a FTE Reductions: n/a M & 0 Reductions- $416,685 (24%) Account Savings Telecommunications & Telephone and Telegraph $ 29,215 Office Equipment $ 82,500 Contract Services $ 95,570 Computer Equipment Outlay $209,400 Total $416,685 Major community impacts: Potential impacts to public access of public information via the interne, the Library computer learning center, and WiFi availability in City facilities Three Year Operating Plan — MIS Page 2 of 2 Attachment C Departmental THREE YEAR OPERATING PLAN Department Name: Neighborhood Services Division Department Description: The Neighborhood Services Division houses the Code Enforcement Unit, Graffiti Abatement Unit, Parking Regulations Unit, Neighborhood Preservation Program / Homeless Outreach and the location to apply for Temporary Use Permits. Code Enforcement tackles quality of life issues, such as property appearance, land use and enforcing the City's Municipal Code. The Graffiti Removal Unit abates graffiti on our public right-of-ways and private property. The Parking Enforcement and Vehicle Abatement are responsible for the enforcement of local ordinances and California Vehicle Code regulations related to the parking and storing of vehicles. Our goal is to respond to service calls within 48 hours of the request. NSD also process Temporary Use Permits used for special activities, events, or structures that are beneficial to the Public for limited periods of time; with coordination of temporary compliance with building, fire, zoning, and other local codes. In general, any organized activity that uses public property, facilities, parks, sidewalks, streets, or any public right-of-ways will require the organizer(s) to obtain a permit. In some cases, activities or events taking place on private property may also require a TUP. Our Division staff work 6-7 days a week to provide consistent and responsive service. General Budget: 2014 Adopted 2015 Estimated* 2016 Estimated* 2017 Estimated* Revenues $370,000 $385,000 $400,000 $415,000 Expenditures Personnel $602,012 $622,612 $644,329 $666,742 M&O $285,400 $285,400 $285,400 $285,400 Total Expenditures $887,412 $908,012 $929,729 $952,142 Revised General Fund Budget: 2014 Adopted 2015 Estimated* 2016 Estimated* 2017 Estimated* Revenues Expenditures Personnel $602,012 $622,612 $644,329 $452,185 M&O $285,400 $285,400 $285,400 $270,400 Total Expenditures $1,044,232 $1,064,832 $1,086,549 $722,585 Attachment C Program/Service #1 Description: Code Conformance Proposed Changes Elimination of 1.0 Code Conformance Officer position effective July 1, 2016 (fiscal year 2017). Program Impacts The City does have a legal mandate to maintain health and safety codes related to our Municipal Code and the code conformance goals and elements are a part of our Strategic plan. Service delivery type for this position is handled at City or agency level and most are either municipal or county. There are now organizations / businesses within the private sector that offer this type of position / field service. Estimated savings would be the full cost of personal for these positions. Program/Service #2 Description: Graffiti Abatement Staff Proposed Changes Eliminate the Graffiti Abatement Program effective July 1, 2016 (fiscal year 2017). Program Impacts The City does have a legal mandate to maintain health and safety codes related to our Municipal Code and promoting a healthy community is part of our Strategic plan. Service delivery type for this position is handled at City or agency level and most are either municipal or county. There are now organizations / businesses within the private sector that offer this type of position field service. Summary Total projected Savings: Personnel Reductions: $214,557 (22.5%) FTE Reductions: 3.0 Attachment C Position Title FTE* Count Code Conformance Officer II 1.0 Graffiti Abatement Assistant 1.0 Graffiti Removal Technician 1.0 Total 3.0 M & 0 Reductions- Dollar and % Savings: S15,000 (2%) Account Savings Painting Supplies $15,000 Major community impacts: Impacts to the community with the elimination of one full time Code Conformance Officer, two full time Graffiti Abatement positions and one Senior Assistant would be major. Being the first line of support as it relates to customer service, quality of life issues, property appearance and municipal code violations, Neighborhood Services would no longer be able to provide 7day coverage or 24hr to 48hr response time to complaints related to both code enforcement and graffiti removal. Graffiti service coverage would no longer exist and the phone hotline and email complaints would be eliminated. No coverage of graffiti removal will lead to longer periods of time without removal which in turn allows additional tagging's and graffiti markings to go up. Currently we service several project areas such as the I-54 bike trail and trolley routes that normally require a two man crew. This elimination would require the configuration of staffing support from Public Works to assist during the selected work week for damage on public / City property. The routine maintenance and coverage of our City parks will also be affected by the personal elimination, currently we able to service all parks and additional areas such as Paradise Creek, but with no staffing this will be impacted. Elimination of a Code Conformance Officer would reduce staffing levels back to one full time code officer with Neighborhood Services Division. Similar to graffiti complaints, our code enforcement service request response times and caseloads will increase with extended periods of non-compliance. Code enforcement is responsible for investigating code complaints that affect the health and safety of residents, and property maintenance by enforcing a number of City regulations such as the Neighborhood Preservation Ordinance provisions of the Land Use Code, and Sign Code. These are the codes that ensure owners maintain their properties, which then helps protect citizens' health, safety and welfare. Reduced code enforcement levels will have a direct impact on preserving the livability and property values of National City's neighborhoods. Elimination of a Code Conformance Officer and Graffiti Abatement staff will go against our strategic objectives of Promoting Healthy Communities by not enhancing our Neighborhood Services and reducing the ability to improving the quality of life. Attachment C �^ CALIFORNIA .rt Departmental THREE YEAR OPERATING PLAN Department Name: Non -Departmental Department Description: This budget contains expenditures that affect all departments or the City as a whole. Examples of City expenditures include memberships, legislative representation, educational reimbursement program, printing and postage. This fund also provides contributions to various organizations as recommended by the City Manager and City Council. General Budget: 2014 2015 Adopted I Estimated* 2016 I Estimated* 2017 I Estimated* Revenues Expenditures Personnel M&O $742,809 $742,809 $742,809 $742,809 Total Expenditures $742,809 $742,809 $742,809 $742,809 Revised General Fund Budget: I I2014 Adopted I 2015 Estimated* I 2016 Estimated* I 2017 Estimated* Revenues Expenditures Personnel M&O $742,809 $742,809 $742,809 $556,248 Total Expenditures $742,809 $742,809 $742,809 $556,248 Program/Service Description: Proposed Changes Across the board cuts to M&O Attachment C Program Impacts The reduction of most of the 600 level accounts would eliminate funding for the Chamber of Commerce sponsorship, 4th of July Fireworks, Miss National City, and Wellness program events. Subscriptions we would eliminate include the Chamber of Commerce and 211. Programs that would be cut include Graffiti tracker and the Property Management of S/A properties. The complete reduction of all non -departmental training, travel, and subsistence would hinder all City departments that count on these funds to further professional development. A partial reduction of memberships & subscriptions is due to the need for LAFCO and inclusion in the California League of Cities. Summary. Total projected Savings: M & 0 Reductions: $186,561 — 25% Savings Account Savings 650- Chamber of Commerce $50,000 650- Miss National City $1,450 650- Independence Day Fireworks $7,000 650- Call 211 San Diego $11,800 650- Graffiti Tracker $2,850 650- Wellness Program $10,500 650- Property Mgmt for S/A Properties $60,000 226: Training, Travel, Subsistence $18,000 258: Travel & Subsistence $9,500 222: Memberships & Subscriptions $15,461 Total $186,561 Major community impacts The major impacts the community would notice include the elimination of the Independence Day fireworks, Miss National City Pageant. Service reductions for the community would be felt through the elimination and reductions in programs including graffiti tracker, 211. Attachment C ++ OAUFORNIA -� scrioan ary OW 4e) Departmental THREE YEAR OPERATING PLAN Department Name: Police Department Description: Provide Public Safety and Enforcement General Budget: 2014 Adopted 2015 Estimated* 2016 Estimated* 2017 Estimated* Revenues Expenditures Personnel $16,039,224 $16,545,947 $17,106,695 $17,684,781 M&O $2,023,165 $2,023,165 $2,023,165 $2,023,165 Total Expenditures $18,062,389 $18,569,112 $19,129,860 $19,707,946 *include all projected changes in expenditures, revenues and staffing (i.e. salary adjustments, staffing increases or reductions) 2014 Adopted 2015 Estimated* 2016 Estimated* 2017 Estimated* Revenues Expenditures Personnel $16,039,224 $16,545,947 $17,106,695 $13,056,781 M&O $2,023,165 $2,023,165 $2,023,165 $ 2,023,165 Total Expenditures $18,062,389 $18,569,112 $19,129,860 $15,079,946 Prop-am/Service National City Police Department's mission is to protect and serve the residents of National City, enhance public safety, reduce the incidents of crimes as well as the fear of crime, while working with a diverse community to improve their quality of life with duty, honor and integrity, while at all times holding ourselves to the highest service standards for the citizens and members of the National City community. We will accomplish this mission by working in partnership with our community and being committed to providing the highest level of service and public safety. We will pursue this commitment with an unwavering resolve while always respecting the rights and dignity of those we serve. 1 Attachment C Proposed Changes To obtain an overall reduction of 24% the Department would have to reduce its overall budget expenditures for 2017 by $4,729,900 ($22,290,139-$2,582,220 internal charges=$19,707,919 X 24%) this is would require a reduction in police officers from the current staffing of 82 officers to 45 (37 x $125,000) officers for a total savings of $4,625,000 (23.4%). The additional reduction would be from the Maintenance and Operating account which would be reduced by $79,895 (.04%). The M&O accounts affected would be Investigations ($5,000); non -Post Training ($35,000); Ammunition ($ 25,000) Patrol Supplies ($14,895) Program Impacts • The major impact would be a reduction in personnel staffing from 82 officers to 45 officers • Service delivery would be affected by a reduction or elimination in services in the following areas: o Gang Enforcement Team would be eliminated: Gang activity could increase. o Investigations personnel would be reassigned; only violent crimes would be investigated; homicide investigation might have to be investigated via contract to the Sheriff's Department: Can result in increase in violent and property crime rate. o Traffic Unit elimination: can result in an increase accidents and loss of grants from the Office of Traffic Safety and Safe Routes to School. o Community Service Unit elimination: Increase in service to Schools since no officers would be assigned. No outreach to community for prevention programs which may result in an increase in the City's crime rate. o SWAT Team elimination: May reduce Department's ability to respond to major shootings incidents or barricaded suspects: may decrease community and officer safety. • The Department is legally mandated to report the following statistics: o Crime Reporting o Sex Crimes o Missing Persons • The Department is legally mandated to report and investigate the following : o Complaints against officers o Register: Sex Offenders, Narcotic Registrants, Arson Registrants • The following City Strategic elements would be negatively affected: o Provide Quality Services: The Department would be unable to fulfill current request. o Improve Quality of Life: Crime rate and gang activity would probably increase reducing the quality of life for our residents. 2 Attachment C o Promote a Healthy Community: A possible increase in street crime may deter residents from walking, biking and participating in community events. • Estimated Savings are $4,729,900; economic losses to the community cannot be estimated if people do not feel secure and safe to shop in National City. Revised General Fund Budget: Summary Total projected Savings: Personnel Reductions-$4,625,000 (23.4%): FTE Reductions: Position Title FTE* Count Police Officer Total 37.0 37.0 M & 0 Reductions- Dollar and % Savings: $79,895 (.04%) Account Savings Investigations $5,000 Non -POST Training $35,000 Ammunition $25,000 Patrol Supplies $14,895 Total $79,895 Major community impacts: These reductions would have a major impact on the Department's ability to provide basic police services to the National City community. Response times for emergency services would probably increase as well as the City's crime rate. 3 Attachment C +- 6AUFOINIA -. NAT I i�Yri il�tfy ti7�Oly�l'[�p J Departmental THREE YEAR OPERATING PLAN Department Name: Planning Division Department Description: Current and Advance Planning Functions General Budget: 2014 Adopted 2015 Estimated* 2016 Estimated* 2017 Estimated* Revenues $61,658 $62,274 $62,897 Expenditures Personnel $304,390 $311,328 $318,565 $325,989 M&O $87,488 $87,488 $87,488 $87,488 Total Expenditures $391,878 $398,816 $406,053 $413,477 Revised General Fund Budget: 2014 Adopted 2015 Estimated* 2016 Estimated* 2017 Estimated* Revenues $61,047 $61,658 $62,274 $62,897 Expenditures Personnel $304,390 $311,328 $318,565 $227,954 M&O $87,488 $87,488 $87,488 $87,488 Total Expenditures $391,878 $398,816 $406,053 $315,442 Program/Service Description: Advance Planning. Advance Planning conducts strategic long-range planning and develops policies on land use, growth and development, infrastructure, facilities and services, the environment and natural resources, economic development, equity and environmental justice, sustainability, and other policy areas. The advance planning function is dependent on current and future federal, state, and regional planning mandates as well as adopted and future local policies, community- and Attachment C stakeholder -driven initiatives, changes in market and economic conditions, and fluctuations in development activity. The extent of advance planning activities is dependent on the allocation of available resources based on policies and priorities. Proposed Changes Reduce staff by one principal planner position beginning in fiscal year 2017. Program Impacts The program change would reduce staffmg by one principal planner. Advance planning functions would be eliminated, reduced, and/or assumed by remaining staff. The City would continue to be subject to current and future statutory requirements and legally mandated programs that are typically addressed through the advance planning function. However, the City may not be able to comply with all requirements and mandates in a timely manner with the reduction of staffmg levels. Beginning in 2017, the reduction in staff would result in a savings of approximately 49 percent (includes revenues of approximately $62,897 previously not budgeted). Summary Total projected Savings: $200,673 (includes $62,897 in revenue not previously budgeted) in 2017 Personnel Reductions- Dollar and % Savings: $98,035 (24%) FTE Reductions: Position Title Principal Planner Total 1.0 1.0 FTE Count M & 0 Reductions- Dollar and % Savings: N/A Major community impacts: The community would be affected by the reduction or elimination of planning policy analysis and development. Some of the activities, initiatives, and efforts that could be eliminated or reduced include strategic and comprehensive planning for future growth and development; coordination of regional and area -wide planning, and implementation of major policies dealing with sustainability, environmental health, economic development, social equity, etc. In addition, certain funding sources, e.g. grants, are contingent upon adequate and up-to-date planning policy. Reduced staffmg levels would affect the ability to maintain planning policy and comply with planning mandates into the future. Attachment C - CA1.IPORN1A -. NUL CITY Departmental THREE YEAR OPERATING PLAN Department Name: Risk Management Department Description: Risk Management provides centralized administration of the City's safety, liability, and Workers' Compensation programs. General Budget: 2014 Adopted 2015 Estimated* 2016 Estimated* 2017 Estimated* Revenues Expenditures Personnel $45,617 $47,333 $49,133 $51,001 M&O $2,654,787 $2,654,787 $2,654,787 $2,654,787 Total Expenditures $2,700,404 $2,702,120 $2,703,920 $2,705,788 Revised General Fund Budget: 2014 Adopted 2015 Estimated* 2016 Estimated* 2017 Estimated* Revenues Expenditures Personnel $45,617 $47,333 $49,133 - M&O $2,654,787 $2,654,787 $2,654,787 $2,056,369 Total Expenditures $2,700,404 $2,702,120 $2,703,920 $2,056,369 Three Year Operating Plan — Risk Management Page 1 of 3 Attachment C Program/Service Description: see description above Objective: To managed the City's liability, workers' compensation and safety programs. Proposed Changes Risk Management proposes to reach the 24% reduction in fiscal year 2017 through a combination of Personnel and Maintenance and Operation (M&O) reductions. Personnel: elimination of 1.0 Office Assistant for an estimated savings of $51,001. M&O: a $598,388 reduction in funding to various accounts. Program Impacts Personnel Risk Management is composed of 1.0 Office Assistant and a part-time Risk Management consultant. The consultant Risk Manager is on site approximately twelve hours per week to attend meetings, respond to inquiries and process claims. The 1.0 Office Assistant is the only full-time position associated with the Risk Management Program. Duties include responding to less complex inquiries in the absence of the Risk Manager, processing and coordinating forms and other documentation associated with claims, and processing payments. With the elimination of the Office Assistant, there will no staff coverage of Risk Management for 70% of each work week, resulting in significantly diminished customer service and protracted response times. Risk Management is legally mandated to reject to reject improper liability claims within a specified timeframe. Reduced staffing will make it difficult to do so which may result in the City paying claims that are not warranted. Maintenance and Operation The most significant M&O impact is the reduction of funding to the Liability Claims Costs and Workers' Compensation Claims Cost accounts. Annually, Liability Claims is realizing an average savings of approximately $50,000; while Workers' Compensation Claims is averaging an overage of $50,000 to $100,000 (adjusted via transfers between Risk Management accounts — typically pulling from Liability to Workers' Compensation). As such, the proposed budgetary reduction would necessitate drawing down from reserves Maintenance of Liability and Workers' Compensation reserves are mandated by City Council Policy 201 to fund catastrophic occurrences. Three Year Operating Plan — Risk Management Page 2 of 3 Summary Total projected Savings: $649,419 Personnel Reductions- Dollar and % Savings: $51,001 (1.88%) FTE Reductions: Position Title FTE Count Office Assistant Total 1.0 1.0 M & 0 Reductions- $598,418 (22.12%) Account Savings Professional Services $110,000 Training $ 100 Contract Services $ 440 Liability Claims Cost $100,000 Workers' Compensation Claims Cost $387,878 Total $598,418 Major community impacts: Attachment C Three Year Operating Plan — Risk Management Page 3 of 3 Attachment D +M* CALIFORNIA NATION Orr avv°u ZNOO$pOBATtn To: Hon. Ron Morrison, Mayor National City & Members of the City Council From: Proposition D Independent Evaluation Committee Date: November 10, 2011 Re: Report and Recommendation on Proposition D The Proposition D Independent Evaluation Committee was asked to evaluate and offer a recommendation as to whether the sales tax increase allowed by the passage of the Proposition shall remain in effect at the rate of one percent, or whether the City Council should reduce or terminate the imposition of the tax. The committee began its work on September 22, 2011, and concluded its evaluation on November 3, 2011. Committee members met four times in sessions noticed and open to the public. The evaluation, findings and recommendation from the committee's work is shown in the attached report. The members of the three person evaluation committee included: Chair, Marney Cox, Chief Economist, San Diego Association of Governments; Chris Cate, Vice -President, San Diego County Taxpayers Association; and Dale Nielsen, Finance Manager, City of Vista. The committee members would like to thank the National City staff members that assisted the committee with its work; making themselves available to answer inquiries and immediately responding to the committee's request for additional information. The committee will present its findings during the November 15, 2011 Council meeting. Attachment D Report from the Proposition D Independent Evaluation Committee Introduction and Recommendation On June 6, 2006, National City voters passed a one percent District Sales Tax. The measure, known as Proposition D, requires that "every five years the Mayor, with approval of the City Council, shall appoint an independent committee" with experience and expertise in municipal finance to evaluate and offer a recommendation as to whether the sales tax increase allowed by the passage of the Proposition shall remain in effect at the rate of one percent, or whether the City Council should reduce or terminate the imposition of the tax. The tax will sunset in 2016. The committee began its work on September 22, 2011. The City staff provided committee members with copies of the City's Annual Budget (FY 2006 through FY 2011) and the Comprehensive Annual Finance Report (FY 2006 through FY 2010, the latest available). In addition, specific data or information requests from the committee were handled by staff. The committee is expected to conclude its work on November 3, 2011 with the completion of this report and recommendation to the Mayor and City Council. During the first meeting the committee received a presentation from the City Manager, Mr. Chris Zapata, focusing on the City's General Fund finances and the impact of revenues from the District Tax (Proposition D). The City Manager indicated that prior to the passage of the District Tax, the City projected a structural deficit of $4 million for fiscal year 2004-2005; the 2005-2006 budget was out of balance by $6 7 million with reserves and other one-time funds used to fill the gap. With the passage of the Proposition D in fiscal year 2006-2007, the City began to close its deficit through a combination of the District Tax and a variety of internal efficiencies and cost savings measures. In recent years, these efforts have been hampered by the national economic downturn. The root cause of the General Fund deficit stems from three factors: rising General Fund budget expenditure commitments beginning in fiscal year 2004-2005; the fall in sales tax revenue due to the effects of the Great Recession; and finally revenue that the state of California has reduced or taken away from local governments, including National City, to help cover its own budget deficits. Clearly, two of these factors are beyond the control of the City, yet the Council and staff must deal with their impacts. Through a combination of actions, discussed in the three sections of the report below, the City has been able to balance the General Fund budget each year, but the deficit is structural, returning the next year because revenues are insufficient to cover expenses. Worse yet, the City's five year budget forecast show these deficits will persist through 2016. In other words, the City is not expecting to solve the structural deficit problem, although, thanks to revenue from the District Tax and actions taken to reduce General Fund expenditures, the City does expect to keep the deficit from spiraling out of control. However, when Proposition D expires in 2016 the sales tax revenue it has been contributing goes away, at which time the general fund deficit would balloon by its expected value, estimated to be $9.5 million. Thus, despite city residents approving Proposition D and the specific actions taken to reduce or control expenditures, City budgets continue to experience structural deficits that have ranged between $3 million and $7 million. Each year the City has been able to close the budget deficit Attachment D Report from the Proposition D Independent Evaluation Committee Page 2 through one time funding transfers, reductions in department expenditures, not filling vacant positions and employing contingency reserves. For these reasons, it is the RECOMMENDATION of the Proposition D Independent Evaluation Committee that the Mayor and City Council keep the District Tax in effect at the full rate of one percent. Section 1: National City General Fund Financial Condition — Then and Now As National City prepared its annual budget for Fiscal Year 2004/05, a $4 million structural deficit in the General Fund was projected. As with other Califomia cities, National City faced continual threat from Sacramento as the State tried to balance its budget. Unfortunately history has taught us that the State seems to view City revenues as a viable source to balance its own budget. Also facing National City, as well as all other California cities, is the fact that the ability for a city to raise revenues is very limited due to the California Constitution and various ballot measures that have been passed by the California voters over the years. When a city's general fund is facing a projected budget deficit, there are really only three choices: 1) Revenues can be increased, 2) Expenditures can be reduced, or 3) A combination of the first two. In most cases a city's only real choice is to reduce expenditures. Enhancement of revenues is very difficult and for the most part it is usually due to natural revenue growth, which generally occurs slowly, or from economic development programs which, in some cases, can take many years to see results. In National City's case, Proposition "D" was passed by 59% of voters on June 6, 2006. It was passed as a general tax and therefore could be used for any general fund purpose that the City Council deemed appropriate. This 1% addition to the general sales tax rate was put into place for a period of up to ten years. This would allow the City to address the structural deficit and provide adequate time to develop and implement a strategic plan to eliminate the structural deficit. Per the ballot measure "The authority to levy the tax imposed by Proposition "D" would expire ten years from the Operative Date, unless the City Council prior to that date determines that the levy and collection of the tax is no longer necessary, in which case the City Council has the authority to reduce the rate of tax, or terminate the imposition of the tax". Is the collection of the tax no longer necessary? In order to answer that question a review of the financial conditions of the General Fund over the time since Proposition "D" was passed is needed. For the Fiscal Year ended June 30, 2006, National City had total General Fund revenues of $30,926,229 and total expenditures of $32,768,401 resulting in a deficiency for the year in the amount of $1,842,172. The table below provides audited revenue information from the 2006 year through 2010. Revenues Taxec Licenses & permits Fines & forfeitures Interest & rents Intergovernmental Charges for services Other revenue Attachment D Report from the Proposition D Independent Evaluation Committee Page 3 2006 $25,627,904 $ 874,854 $ 1,003,262 $ 1,088,901 $ 1,131,714 $ 925,769 $ 273,825 $30,926,229 Year Ended June 2007 $ 31, 375,184 $ 859,430 $ 783,056 $ 2,056,097 $ 1,259,455 $ 1,318,470 $ 430,423 $ 38,082,115 2008 $33,638,924 $ 799,452 $ 1,084,647 $ 2,168, 962 $ 802,557 $ 414,298 $ 152,148 $ 39,060, 988 30, 2009 $ 31,230,431 $ 723,913 $ 1,137,181 $ 1,488,925 $ 663,436 $ 564,347 $ 380,627 $ 36,188,860 2010 $29,007,351 $ 551,517 $ 1,219,418 $ 432,226 $ 571,308 $ 482,975 $ 593,968 $ 32, 858, 763 As the above table shows, General Fund revenues took a significant upturn in the year ended 2007. It is clear that the majority of the increased revenues from 2006 to 2007 are in the area of taxes, and most of this is from the implementation of the Proposition "D" sales tax. By 2008 tax revenues had increased to $33.6 million, with the City's traditional 1% tax of $11.8 million, combined with the Proposition "D" tax of $8.5 million, providing $20.3 million of the total sales tax revenues. As of 2008, total general fund revenues had reached $39 million. We all know what happened next, the recession and housing crisis. Both sales tax and property tax, the mainstays of most California cities, dropped. The Federal Reserve in order to stimulate the economy started reducing interest rates in order to jump-start the economy. Investment income dropped at an alarming rate. By 2009 General Fund revenues were down to $36.2 million, and by 2010 they had dropped to $32.9 million, only about $2 million more than in 2006. It should be noted that in 2010, the traditional 1% sales tax combined with the Proposition "D" sales tax totaled approximately $16.6 million, while in 2004 the City's traditional 1% sales tax alone was $16.5 million. The recession had taken its toll and the now combined sales taxes have barely managed to replace just the traditional sales tax revenue when it was at its highs. It is difficult to imagine what reductions National City would have had to make these last four years had Proposition "D" not been in place. What has happened on the expenditure side over the same time period? The table below provides audited expenditure numbers over the same 5-year period. Expenditures Current: General Government Public safety Transportation Community development Culture & leisure Capital outlay Debt service: Principal Interest & fiscal charges Year Ended June 30, 2006 2007 2008 2009 2010 $ 3,733,413 $ 3,023,335 $ 3,215,981 $ 3,931,370 $ 4,578,197 $ 23,688,513 $ 23,740,549 $ 25,393,406 $ 26,673,528 $ 28,402,451 $ 2,662,781 $ 2,592,419 $ 2,678,673 $ 2,726,801 $ 1,777,073 $ 727,936 $ 754,339 $ 1,128,843 $ 26,934 $ - $ 1,363,291 $ 1,340,716 $ 1,527,397 $ 2,086,779 $ 1,828,785 $ 417,755 $ 26,793 $ 364,946 $ 1,013,344 $ 301,404 $ 113,186 $ 201,600 $ 196,709 $ 214,837 $ 261,174 $ 61,526 $ 61,705 $ 66,596 $ 57,481 $ 23,962 $ 32 768,401 $ 31,741,456 $ 34 572,551 $ 36,731,074 $ 37,173,046 Attachment D Report from the Proposition D Independent Evaluation Committee Page 4 The above table shows that over the five years presented, expenditures have gone from $32.8 million in 2006 to $37.2 million in 2010, an increase of $4.4 million. While most areas shown have had somewhat marginal increases and decreases, the area of public safety has grown $4.7 million over the time frame presented, thereby indicating that, overall, all of the net expenditure growth is in this area. Analysis of the audited financial statements indicates that the PERS Safety contribution rates between 2007 and 2010 varied from 26.870% to 28.806% and covered public safety payrolls have increased from $8.8 million in 2006 to $11.3 million in 2009. As of 2010, Public Safety expenditures account for 86.4% of the use of total General Fund revenues. The City appears to continue to look for cost savings measures, such as increasing employee contribution towards retirement and implementing a two -tiered retirement benefit program. So is National City's General Fund in a financial position that it could tolerate a reduction or elimination of the Proposition "D" sales tax? From a purely financial aspect, this writer would say no. In 2010 expenditures exceeded revenues and the weakened economy continues to have negative impacts on the City's mainstay revenues of property and sales taxes. The largest challenge that the City faces is implementing a fmancial plan that will allow the City's General Fund to free itself from the need of the Proposition "D" sales tax revenues by the time that they expire on September 30, 2016. Section 2: Financial Trends & Outlook $45,000,000 $40,000,000 $35,000,000 $30,000,000 $25,000,000 $20,000,000 525,0000a0 $10,000,000 $5,000,000 so National City General Fund Inflows and Outflows FY 1999 - FY 2010 1999 2000 2001 2002 2003 2004 2005 2006 2007 2009 2009 2010 Source: FY 1999 - FY 2010 CAFRs; In 2010 Dollars Revenue a Transfers In le Expenditure •Transfers Out Between Fiscal Year (FY) 1999 and FY 2010, general fund expenditures for the City of National City have exceeded revenues in six of those twelve years. The City has recently experienced years in which revenues declined from the prior year, but did not experience a similar reduction in expenditures. In four of the past twelve fiscal years, expenditures have been reduced over prior year totals. In general, total general fund expenditures have increased by an average of 5% Over the last two years as expenditures have surpassed revenues, the City has also experienced a decline in budgetary reserves. In FY 2010, the total fund balance for the general fund declined Attachment D Report from the Proposition D Independent Evaluation Committee Page 5 from $18.4 million to $11.8 million. The City's Comprehensive Annual Financial Report for 2010 shows that the decline in budgetary reserves was due to a number actions, including the use of reserves available at the end of fiscal year 2009 to help balance the 2010 budget by covering the 2010 general fund deficit. As mentioned previously, public safety expenditures accounts for a large portion of the City's budget. Since FY 1999, the percentage of the budget spent on public safety services has increased from 71 % to 78% as of FY 2010. Overall, staffing levels for the City have increased since FY 2003, but dropped by 1.5% from FY 2009 to FY 2010. One way to evaluate compensation of cities is by reviewing $9,000,000 $s,00o,000 $7,000,000 $6,000,000 $s,000,000 $4,000,000 $3,000,000 $2,000,000 $1,o00,000 National City Pension Costs FY 1999 - FY 2010 1999 2000 2001 2002 2003 2004 2005 2006 2007 Source: FY 1999 • FY 2010 CAFRs; In 2010 Dollars ®ARC i EPMC 2008 2009 2010 actuarial valuation reports from the California Public Employees Retirement System (Ca1PERS). Based on information submitted to Ca1PERS by the City for the period between FY 2006 and FY 2009, the average payroll per employee has increased from $51,585 to $54,671 for non-public safety employees, and increased from $73,292 to $86,679 for public safety employees (not adjusted for inflation). Since FY 1999, the City has also experienced rising pension costs. In an effort to combat these rising costs, the City is now requiring employees to pay their share of pension costs, as well as implementing a second, low -tier pension plan for new employees. In the past, the City has spent as much as $1.8 million on behalf of employees for the "employee share" of pension costs, also National City Governmental Expenditures by Category FY 1999 - FY 2010 $40,000,000 $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $- 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Source: FY 1999 - FY 2010 CAFRr, In 2010 Dollars • General Government iPublicSafety F Transportation 1 Community oevelopment 1 Culture and Leisure Attachment D Report from the Proposition D Independent Evaluation Committee Page 6 referred to as EPMC (Employer Paid Member Contribution). Requiring employees to pay for their share of pension costs provides immediate savings to the City. Unfortunately, due to accounting methods on behalf of Ca1PERS, all cities enrolled with Ca1PERS may continue to see increases in pension costs as they continue to pay for past investment losses. It is expected pension costs for the City will increase by approximately 17% between FY 2011 and FY 2012, from $5.4 million to $6.3 million. The City provides a stipend towards the cost of retiree health care for employees that are eligible to receive pension benefits and with at least 20 years of service. The City pays for this benefit on a pay-as-you-go basis, meaning only the cost of providing the benefit for retirees is paid by the City each year; funding of the benefit for current employees is not being set aside. While the cost of paying this benefit for retired employees amounts to less than $100,000 each year, the City's unfunded liability for this benefit will continue to increase if funding is not provided for current employees that may be eligible to receive the benefit. Based on projections developed by the City, a deficit is expected each year between FY 2012 and FY 2016, with a projected deficit of $10.9 million for FY 2016. The Proposition D sales tax increase is scheduled to expire in FY 2016. Between FY 2008 and FY 2011, the City's sales tax increase has generated an average of $8.15 million each year. By FY 2016, the City's sales tax could account for nearly $9.5 million of the projected deficit. Voters within National City on two occasions approved a ten year sales tax increase, and thus the tax should continue. In the interim, the City will need to continue to introduce reform and efficiency measures to limit growth in expenditures and reduce reliance on the City's additional sales tax revenue. Finally, in order to correctly calculate the City's structural budget deficit, it is important to include the costs of fully funding the City's retiree health care benefits as well as understanding the true costs of maintaining the City's infrastructure (roads, sidewalks, facilities, etc.) each year. Section 3: Actions Taken to Improve and/or Stabilize the General Fund Through a variety of actions the City has been able to balance its annual budget each year since the General Fund deficit problem first appeared during Fiscal Year 2004-2005 and maintain the Cityand the redevelopment ent agency Standard and Poor's ratings of A and A minus, respectively. The most effective actions fall into two general areas, revenue increases and controlling expenditures, which are summarized below. For a fuller appreciation of the actions taken by the City please refer to the City Manager's Budget Message at the front of City's Annual Budget and to the Annual Budget presentations available on the City's web site. Although the lists below are not comprehensive, the selected actions provide a sampling of the range and magnitude of the actions taken to adequately confront and prevent the structural deficit challenge from spiraling out of control. It seems clear that despite all of the actions taken to close the City's recurring structural deficit it would spiral out of control without the revenues temporarily being provided by the District Tax. For this reason the District Tax should remain in effect. Attachment D Report from the Proposition D Independent Evaluation Committee Page 7 Actions Taken to Increase General Fund Revenue. • 2006-- Proposition D passed by 59 percent of the voters on June 6, 2006; the measure increased the local sales tax rate one percent to 8.75 percent from 7.75 percent for a period of up to 10 years. The City estimated that the additional revenue from the sales tax rate increase would generate between $7 million and $9 million annually, and to date the annual collections have been within this range. Cumulatively the City has collected approximately $30.4 million through fiscal year 2010. • Marina Gateway Development —since 2010 the project has provided approximately $772,000 annually in redevelopment and municipal tax revenue. The City invested (contributed) $2.4 million in property tax increment funds to the $61 million development. • Plaza Bonita Ma11--$134 million expansion and improvements should lead to additional sales tax revenue. • 2010—increased American Medical Response franchise fee by $120,000. • 2008—internal audit of federal Housing and Urban Development Program resulted in approximately $3.3 million in recouped program income. Actions Taken to Control General Fund Expenditures. Accounting • Quarterly written financial reports to the City Council and residents of National City provide data on the revenues generated by the District Sales Tax separate from the City's general sales tax to increase accountability. Cost -Cutting • 2006--reduced expenditures for City services by 20 percent across the board, saving $984,000 and a managed attrition program was instituted affecting General Fund positions in 13 departments. • Since 2006 the city has provided employees with one-time stipends rather than salary increases. Annual non -pensionable stipends provide a way to limit and control ongoing salary impacts to the City's budget. Cost of living adjustments are scheduled to begin in 2012 as required in labor contracts. • 2009--the City unblended retiree health care from active employees resulting in no cost increases in benefits for that year. • 2010--the City implemented a 40 hour Employee Work Furlough Program resulting in an estimated $135,441 savings in salary and approximately $12,000 in energy savings. In 2011 the City negotiated a continuance of the furlough program through 2013 which is expected to result in $338,383 in savings over the three years. Consolidating and Restructuring Departments and Divisions • 2006— the redevelopment agency was placed under the City Manager resulting in the elimination of managerial positions. Attachment D Report from the Proposition D Independent Evaluation Committee Page 8 • 2008—the Building and Planning Departments were merged, eliminating a department director position. • 2009—the Purchasing Division was consolidated into the Finance Department eliminating a managerial position. • 2009—the recently merged Building and Planning Department was further consolidated with the Engineering Department, eliminating a department director position. • 2011—overall, the City has streamlined its organizational structure from eleven to five departments, eliminating 20 executive and management level positions. Managed Attrition • 2009—the City introduced the Employee Voluntary Separation Program resulting in the separation of 29 employees. • 2011—the City reports 71 vacant positions, 61 of these positions are frozen and/or unfunded and 10 are vacant. Pension Reform • 2007—no City employee contributed to their retirement. • 2009-89 percent of City employees contributed to their retirement. • 2010-100 percent of City employees contributed to their retirement, and new sworn police safety positions retirement formula decreases from 3% @ 50 to 3% @ 55. • 2011—employee retirement contributions from elected officials, executive, management and municipal employees are increased to the full 8%. Fire safety employees agree to contribute their full 9% in 3% increments by 2013. New fire safety employees will receive a reduced retirement formula from 3% @ 50 to 3% @ 55. Attachment: Proposition D Ballot Initiative Attachment D Sall:. SO ,lob lhgaber OfI.CO101 • 01/11112006 use Pegg 17 CITY OF NATIONAL CITY Proposition D Obb propocaton Mil *pew on the ballot h ths blowing tam.) Shoe an rirdburtw be twit** bawd* s one PREPD "` City service& Weida ,��;nd This propose* requires approval a a shade melody lover SOSO d the valour. Full *dot Bra proposltlon Milewski ergilownts. CITY ATTORNEY IMPARTIAL ANALYSIS Begot Picpos1doa'D' propos a ° od a revenue tar panes to lb* Cld of Ndocet CWy try authorizing a one nercatM.inrlwoMora and es bet rasped to u e Was tar) within the c al Rabat City. Throne pinata Ws axed be pddb waken td await sales taxes ad wail be collected al the elms Suseed N the sires tower ae *Midi sibs texas. Osman* Revenue 'and Ira n tax Union arse M OAS' *resat a s ball* lu►sol P ets. W b sppmnsd by a ms o.Wy of Me coats voting In n elation on that Issue. Mapproved, the lax would go Tao Whet Oabsba 1.2006 She `Oman Mel. Papilla slates But Mw axis polarising trot b b be used ler coy howbea. ►evied sand prsgnms.' Because tNs sties Isx woad ben Wroth*" 1M Hx would go No be dlys gene* had end cored bee .awed to any legal min pupae. lee Op would not be *ply bound N stay way to use Ste tx rases to any apattai papas ar•br ngr pew 4.Mcesk *MOW or progra. The subway to terry are lax imposed by Proposition 'D' would spire ten yeas horn the Oppralh.Oat. maws be cly Casno prior to that dale dawning Owl the levy end oblation. of the tort ls to longer trbwsery. to *Nda ante the CKy Council hw the outgo*, b Muoe the rats Max. a berrrblas be Weposllan d the isx: Propose* 'Cr provides that every be yiets the Mayor, with the +pprowrl at the City Courdi. clMlt *paid an bdapedere caaeetea d tree evens ISagndal meths„ who win report heir raoomdrettdaMwt b tha Mayor bed CMt'ragnai w bwhether the herwpMlon and we . *should should rem* in alit at the tabs of owl parasft a whether the Coy Ccmd should rsdu os tine tens of lox atonable, Kra iepagbn of be tax. SD 013041011 FOR REVIEW AND APPROVAI•. ONLY • NOTFOR PRODUCTION SAN bliss . Coarse MO •.. liAsE PAQ91fQ 1 Attachment D ARGUMENT IN FAVOR OF PROPOSMON D • Popo:Won •D• le to rake tha sales tax to cover the COT Genesi Fund Si make shortfall • • Eon resident from senior canna Monts la Ohms would lea alleettid by the Wows of gie PrOxleako • The sew lex wit aotoreallicaly mob. le It years • Mond Clly rasidselli have penitential's! that pubic eel* it iv* MON tt Vasty 72% et IhO tolantallonal CIN Dowd Rod budget le phmt to the polka end Ste department WHY YOU MOULD VOTE 'YES" ON D • IIPtepositke •1:1• does nel pass the lolloWlep haw= • • The. Chy beremthed in reduce their general kod budget *DA • The MN,. Department out Ph Department MI be BEAM le *Wrath eleMarea la MAW ths 20% eut • ' • `the Re Department Menet be able to *cast* wee the IMMO Mmet FP* Walton • • . • The resPorsea %Mrs the MS and Relkthetbrient MI be Wetly Mead The new Potato Ubiery lee be marked so mem erapkwes ant batoreed b dose rasa der WNATI3tAXEDAND gimp NOT TAXED • Ne en ntesloksoonorepared fool twoesieb), feat inwiange. man crimped? ase ad new lex en CM roolompla, boat or plane sake moat to ecenniners here exiblde the ply, but reek** pay • Car doNerehlpe MR pay butes an ad MN* rep* and pens sad L. Vt.'. -,,111, tiii,17; • Prefeeliens Wow thin Onsioff to to thirds bf the lex SS be pad by nen-Menai Qty [Wen% who *china moratiwille In CIW • WHY ME SHORTFALL • The atm it °Wenn Paws Wens a Mare in sae he Whom emir Mgr) Viatabeudbs mimed In the Caty •• kaiser mendatofy employee melba webibutke than =peeled rimairouiervAusertasum /10DtFOSDNZALES Pod Commissioner Chief of peace • • ANNE CAMPBEU. • • =V:" ."16%. • CtstbaiIin • CIV • . FInegMein Assodslan ROSAUE 'Sow avmfonte Redden, Nantent Wool Orpoix • an oilmoo *on imnew AND AP.PROVALONLif NOT FOR PRODUCTION • Job limbo: ril.CD1029' Upec • Compbsed: 0811114000 12:08 Cbmistunr ' Paoli 18 • SADIEGO • coast: Cam assE mite pRoim 2 d. a, Attachment D ARGUMENT AGAINST PROPOSITION -CI Mae/ Another tax Morelia.? We've alreadvvoled dorm this Ns once imbue. Rut the politicians wont Mien. Therm Vying AGAIN to aka bops. and this we're Wag told that essential polka and Ike venires may be ad But we're ABEAM paynp for public safety, In NO we mama approved Prop:172. a salsa lax for public sat* AWN. Attains to the UtiOn:Aibbne. Neththel Cid GOWN about STA MUCH Witt* hell" "X *led PUbEC safely protection and ImproviesentVivant* TNAT mom now Thal we need INT Much el thb raormshe lax Mil lag on the backs of our poorer demos. Mall tinted 11 ids tax passes, National City will duipe the NOW aalas lex lo tie eau* To avoid this tax, National Chi eltizenivile tend lobay ponds outddethdc own dly, and county ponsumem tend to avoid flatland Oty as a place to shop cr dd. lbal means more dosed local busimmaes end more fail jobs. • Othens.e/ Nerand City MI pay an Wail one perms on any Made Item they buy 19011y. • But the Nabonal OW car dealers' customers who sue Medd' tlallond City ail NOT pay the blither Mx, due to Meta lam. Mare untold Read me measure esittulti. mo4 Ihe fax Were Wee lbet let teebttees ea be tad tor Sad city:mites, them le NO LEGA,: REQUIREMENT awl the money be inset that way. Newel Voters ate suppossel to Suet Milbnal 1:14, pokSalene b de the debt third. And not only todays politicians, but p11 the sly pollidene Inc the next 10 years whie u.telth bad Obleclact Rad Ideal you think tat yourtaxee we already too Nab, or even OA lash enough, you *kaki vole NO on thle lax locream. MOM Ws tad wamle1shotorg/Prop0 RICHARD RIDER , ask Sen Olsen Tax.FIghten 8:IV+ARD TEYSSIER Chdr. San Cdepo Libatiarien piety IMAM RAQUE. D. MOM Wallop Mother • EDWARD G. LAKEN - Steps StIllifl,S Omer MARIMAVARCISS ' • Snug System Ourfher SD 000400 FOR REVIEW AND APPROVAL ONLY. NOT FOR PRODUCTION Wen SD • . • Job Number Aucoune Can wout eVietzes :thoe Chec:Bum aebeieti Nee 19 wet memo ' Contest OM SASE J18 t• Attachment D • ORDINANCE NO. 2006 - 2278 • AN ORDINANCE OF 1HE env coutaca. OF THE CITYOF NATIONAL CAT ADDING CHAPTER 4.60 TO THE NATIONIN. CITY 1.121101PN_ CODE TO IMPOSE A TRANSACTIONS AND USE TAXTO BE ADMINISTEDED BY THE OTATE BOARD OpEOILUJZATION BE FT ORDAINED *Os Peoria Gibs ary NadonGC22 as Islosrm. Sedan I. That Tide 4 of ihr Meuse City Municipal Circle is hereby lownded by Won Chapter 4.90 to read as Wawa Sitollotir Chaplet MD TRANSAOTION8AND =TAX • 4A0.010. 7Ne 4.50.020 Dribideos 4.00.030 • Operellsadete 414040 Purpose 4210.0110 Combed will Oats Board of Equaltrados 4.N.050 Traneacions 'ix nre 410.070 Pine of sale IMMO Una as ads 4.00.090 AdopliontA $0711111101111 al Mats tiro 4.00.100 Limaskse en Wip& of lasts law and colection d use woes 41E410 Perell,nat remind 4.192.120 . EndullesC alemPliono 4.03.100 Perodsdble uses 41/0.140 Arearainmnts 4.66.15b gt2iroolembn fedridden 4.00.10b 4.00.170 Eipbeilmt 440.100 Independent commeles 900-010 TNt. This cheater HOW knOwn as the VIly of Hello* Tpinewslione end Use Tex Ordideabir. Ne°Mem diens applicable In the InoorposMed leollory lbs Liana......addiali sdeetIO "Olir Maga_ mid IMF. menu Ille lameildleal_ end uet Immi. domains: *Me ratified Is ms 'Piss ler; imposed eadit the pollens d Whew Nor.seriersor lam revenues".mdso ell prooseds of Isaleic ressIald by Me kom the Blass *old , • dffilialL_Arterelinsimp, 'Oversew dalri means ise iky fad tie tax is lammed end collected. The tmeralto lisle Mad be Dekker 1, EOM wises a Bier epamEse dma bsoforsie shake twist Ibli0rmAlasis Of Seiko 4.00.010. el991100114 40091,0 IS KOMI 1000114a091. MilooM Ober purposes, sod dams OM MIR graiskim hmard be liderpreied la order b sol!duclbli Moil • PurPoribk A. To lellureellissisidloniend =slug 1 morilance With She paY•tIons ("Pad tooranumang with Gs TEM ti MANN 2 of Ibe Revenue add Texas, Code and Secdon 7/1084 of Perk 1.7 of 0114sion 2 *gab imilmdzesC8yloa&ipt Mis oninance which NMI 09.10.4 • cols.'s* FOR *WNW AMR APPROVAL, ONLY .NfirPoR PRO MOTION Um: 80 Job Kilter: a6tC01022 COmpollad: 04/10000 12:01 Cited:ism fiellablibc• • Palle SO • • •• GAM DINGO Comae CEMO WE 67:e fffima_at , . Attachment D be tperaths 1 a majoriy?vgte of the ebcas volnp on the Measure 'vote to approve the kepodlon of the tax et an steabrl cased for bit purpose. B. To adapt a retail transectiols'and use tax ordhiance Vaal incorporates prot/stons Siendirel lo those of the Sales and Use Tax Law of the State of California Insofar as those provisions ere not kiccnsMlad v4in• the requirements end reasallons Cantered 10 Part 1.6 a MOW 2 of the Revenue and Taxelion Code. . C. To adopt a rail transactions and use tax ordnance that reposed a lax and pod* a roost* 6weigaa that can* administered** Caleated by l s blabSosndot Epnalsadon b a manna that adaplt.ls*N as ally as pradardie• to, Ind *dreg the Mad paleMle•devr'e fos roe, Ito exist* creator, and edmieldrative madam lotonsd by' the" hide bard. of Equalisation teadministering ardcollecting leCallow* Stele Sae andUse Tax*. D. To adopt a re* tranp61O * and use lets oratence tam cosh be administered in a manner Mean 2 off the Revenue end Taxador►Code, Caine Vie costal Cu.edrly the *insiders and lie tlxos, and at the tame rare, airin i * the *Mend record keeping pas► peeome Subject to aaalonwtder the provisions o(llia organ. • 4.6OMSO Conrad W6tt State Board of igimaidao. MUM* tla open** date, 6e City doe pas abnlrletrabod and *wagon el this baneaolots rida with be Mate Hasid 6f Equilibrated of urn *r t ante: LboMded,, the co, shatiol have contracted Wsi the Sots Dowd of 6gtala6on prior p the (61elue date.'t east •n•va6etess so win* and in such a one tba operative date shall be to Mat day or to and calendar Raw1rtopowinp to a ecudn d such a cantmd. • 4.6.060' • Traaectbna tax We. For 11e Allege of**, Webs per** property at qbX it tex b hereby Imposed upon et eWalr in Siafrnoorpmi sd WI* ate CIO Al the rate of 1% {are pemenb•d the *rose motile of err mtelot tom the sate del *Malta peeohal .properly sold at retell In said lobar* and der to *Pear* dead this cadalalab. • 4.61070 Perm 01 age. Far the (imposes of VIM ad<wioe, sit sand saber we wraunmasd at ia.*al of business. a the rsWler Wm lee Wile peed* prdpedy sold le delwred by the ataler or Ma masa•to an att-0tadat(i amen doh or b a eoirenon cinder for defy to qn ouscbwle deWaatla► The grog tram aricl'saies ahM•k1 1de tlel*,y when auk charger* subject to the aide use boa sepsdtep'd be place b *tvay is dads fa Me eared a iealbrka ndprmaaad place or bill** bib Mote a hes mots' ban one •pteoi a business. Me plus or plates at wtlAyl tie NMI Wei lee censarmliad•slad be determined under rube end roleialorie to be pr warbsd and adopted by • the Stan Bawd a Erme arks. • coo Use tart. An exotla era: b henyt imposed an the dors . use amid conswrp nbloat,dtangbleparasolpapady,p isudhomtrytelibtan'andclone• operative date a•6bb after* tor donee, we or QIha argfarplah M ead Iett toy al be ma a 1% Ions, petard) of the eel* gin or t hi pep**. Thh sales ad* *MI Incerdi dglwy charges when such dwpeea•esubject lobate odes oresa%ar dthapacer* Wich *bay brads 4.60A0Q Manion at peovielatg of at* aw Exsupt e1 •olhgHies la this ordnance and wawa TasIdey ere acanibl mt with.* providential Pat Leo bI loos 2 of to Revenue dad �oq Code, el Ii the provldens•d PM 1 (coeeneasfirp WMi Beat&. 6001) d Wabbn 2 albs Ralridr••shd.Tasa6on:C0di *Whereby adopled'and.bade•a'pai of 8is ord name• ett though arty set lab bask*. . • 4.110.1l r pielalma an edeolae dada left Met eoteopgt data rise. In **Mg Ihe provtdas el Pat Tog DMibn 2 tithe -Revenue erad'Tev6oa Dods A. *beaver the Allele or Cu0fct 1 named dr eared b *be Wdr1p Worley. be rumba fgls City dal be *UMW* bailor. Fbwaven Ie7sbbagIAon aka) sbt 6a mda Wars t. Tthe %tad 'Male * used ss ...pegs'dlie ale W the Stele Control% blare Tamura. ride Bgpad of Control, Suis'Bded d Equabalbn, 9 W e Tres'rtsy, of be CandliMi on of to SS* of Canaria; so 5*000 FOR REVIEW AND APPROVAL ONLY. • NOT FOR PRODUCTION Uses SD • . Jab nimbi: 05LGD1020 0011/2006 • tyetbrra OTI 12 p8 Page 21 - ' lulu Dieeb ' Context OeJ0 • • aiABE STYLE PROM 5 • ... 0 • • Attachment D 11J h'I'' 3 ���:'JiI!fl jjIj 13 Jj.. IJj .14 I '! - JI lihavii a � it: �I ' ba a lh1dqli It Jam1��. 11 if411 11.2i II UV II! 11 bp 1 i . II 1 a sptI1i!i. I Ai 10211111141firlialri n rth�•.*11 hi Al Hi a eit O t • C. There are exempted Imre the use tax Imposed by this ordnance. the SY:age, we or other consumption In this Cay of lenglbla persona property: 1. The gross receipts from thi sale al which hove beria raked lo ireasecams tax maw any sleteadeinatered Irsissencra and use tax ordinance. 2.. Other Ihen Nei et petroleum products purehieed by operators WM:rail and used ar consumed by me opemlom directly and exchnively.10 the yid of stsb.dromfl qt$ common . mirderit al person or properly lof Nrrror aoropepution tmdero cerdicate of Mali Maireidenee and pacerity issued *went 10 tbe few of kis elete, the United antes, er wry Wrap goverment. 1105 exereplin Is In.sddion lo the smirodioris conked In alkaSony SON and 1366.1 atihe Revenue and Terabit Coded** taste ColiteinbL. • # 036 611(0666316 061161616 to michioe the WM* tars kid paw pursuant fo. a contract artertarinle Motto the apecalivit drde ordnenes. A. ithe paesestron ot, ar Me toads ol ow .rlpht Or 'owner over. 111 tangible pommel properly wino under. ken ankh 10a coodnrattpurobsse of mit prepesti kr iny period of erne for which lhe Imes le °Mooted to leen Me Property kr on arreamt &red by 6 boute prior la the egarradve date of Ws andrmooe. 6. . For the purposa of eutipeamean 3 and 4 id Ribsr'* storage, use. ar other coneurnplian..W.poosession ce, br tordrolie 4 say dent or pOotorovor. MOW persona propertilbal be deeded not to be.oblgeled pormswe to embed ar Meseta any pedodet Are tar *doh owl party io the cams or ism hes the unconditional dirk to kinked Me contact or lease imortorape. whether rend such is exadred. • 6. Except se worlds! itt.gapl 7 Wade eubsedkts fddler twigeated 10 • business. In .1heCity Wed not la aspired Med uie ter from the pundasee of lemado Ozone props% Wen de timber ship tri debit Ore properly Itto Ole Cky or Wiwkipeleo *Mk Ms ay In ma* e Ow wile of she mopes% hopercing, hut Bog MAW to, sollcang or ruddy the order. either drat/a Wadi% eta Placed busbies dem Mar XIV* CXY ir through Sty reprasintallve„ agerd, earelesser, solder, suberdleiy,, Of pomp In Clatioxier the soft* p1the Mier. • alecirreide T. 'A reader engaged In bueinees In the err dial any radar of tiny of the lollonteig Mikes subject b »gagman pummel lo MOW t granniencing nth Swain- 4000I et °Marco 3 of the Vends Code. drorefl Mime b cambric' ralideetion21411 of Me Pubic Mies Code, or yracrountented vessels repleldred undo' DiAdon U toortmandng tab Sedice 98442 al the Valois Code. rad real' shell be Mulled to odlect see but tram wry purifteir nib regeners'ar Nannies the wade, vessei, «t#ih edincesk the City: D. MI Person soled to use.tsat undw Ids emblem way credit Spina thee lad say imesolloni Mx or relmburewnent tra InalMokmanx peid io adrift PoPoling. or roleilbilloldo kr a irensedione bac pursued b Ped 141 el Didelon 2 of the Roverms and•Tiesion Chao tellk reaped to the Me to Ilk pawn et ihe woperWilre Nonce, wa or agree goellabicebt Of Wadi is subjed bribe use tax. 4.e0430Penniest4 ises. The worms ei Po Us shall be deposited In be Ws gen,rei toed ebd may be used blew legal muntakel culposo. . daliaelL_Anigtiennig. Al erandownis *aboriginal to itni effirdIve rie 66. ordinates to Part 1.1 Man t d tre Revenue and Taxation Code sifting to sass end use taxes and which, are not inoonwrocro Ponta era Ps.tl7cIuMqon2 al lb* R•venkilt awl Twellon We. and WI smendrowste lo Pere 1.# end Part.1.2 pf Ci'won 2 et the revenue and Taration Code, chel autornalcdy become s pen al Ode ordnance, prodded how* !Mono : 'such ementiment aid open* ewer to the rem Of lex ImPosed ky OM 6,40100,004 4.60.160 Maiden cailicipti MM.& 1191plwioice or welt of mandate or OM( Age or mike* primes shell km In soy mill. Won or proceeding ln bhy ooun masa OM Mate or the CIA or spinet soy 'Aar or the Saki. or tot big 0. Proved_ a ailito ooPiabit War 68* onanshbe, or pair 1.646 Olvielon 2 of the ltivenue and Tank" Cods, of yowler or any Magda tor requIredio be calleoled . • 06M-7 $1)400400 Attachment D FOR REVIEW AND APPROVAL 0101111-: NOT FOR PRODUCTION Use —SO -• ' Job taunter OSLC01029 Comm* 04/111/2026 12:011 Obectcruie: altbrJdcP Prise 23 • • MAN 01E60 Contest MO DAS"rinE7 PRON0_7 0 31 Attachment D • .„ 4.60.160 Sewer) erg providon of his ordinance or ihe 80par:shoo thereof to any person oractintstirer li Mkt invalid.the resnalndertItheordimmos end the applcationot such pnivIsion to other penes or circurnstances shah not be aftemed thereby. ligdza_auszumt. The melody b Isty thetas Imposed. by Mis Chapter shaN expire ten (10) years from the OperatteDate. unless the Ctly Owed prime that dab determines than the levy and coletikwetthe les is no Iig neeselary. bntddioese the Cl Chundl-has Me authority b rectum Mamie fit lax. or Io teemed& rho hiposikm of the I The ty shill Immortal* roiliest Slab Beard ef Equellueloolnebie In Ihe slant that fistula 'Owed or tfuninsiott- 1115 CParifte date of such Me rodukilan ocisoulnalton eel be ts Int (11 calendar mower cominenting more 8 ono sidndrod and ton Plat laiildter• Pis Sofia of Equalization receives such noece of teednalon. • • 1421111.4......1ebeedeoginpan,. _Esbriltm ts) isms ibefi#140.1sith Mem' rt City Canna ehel appolrd an Indeptedent comMaes resorbed dean 01) opens kr Mandel foolery. yea WI report their recomeranddlons to the Ileyorandaly.Ceand as to wheeler iis sanoackan and :wax should web hi elect et laytate a/ coo percent (1X), or whodter rho Cky Corksshould induce Wm rale of *axe knhiM. the kroodtbh•et the as eminent 10 Salon 4.60.174. • • . Suchen It Ms ortikerma WM%81edoplon by allebst 4 ellosedive votes of lie cab coma smd_lis PINIONS" Nat became ekeb ille sewed of the ber Imposed loreundertg P siapply otee veers M the Weller Mikan M an aletbon Calif for del purpose. The 'amoeba dose of Me ID x booset hereunder stool be as prated la talon 400.030. PASSED not AciorTED by to aty cocin;ra the Cly o tuisoilai Clly, Cabanas. en February T.2006, by the folloiiino vobe. bark • ATsm Commimaniberic limposi. Mediae beefed, Parra. iamb. Now Mao. Mewit Mom Asetekt oeJ041. . • . • fifl MOW • POR• nEintir ANOAPPROYAiL ONLY. NOT09iFt PRODUOrION User: SD JobNornber: CIA.0 rinite • Compesed: 01/12/20011' 1263 • piadadeit 3d0Ordibb* • Papa 24 StAki 01260. • • - ' Coro** ma- ' asSE. 81,44: pRogig, .10 k ( 3z-- 0 • Item # 21 01/21/14 POST NEW YEAR'S EVE UPDATE (Police) Item # 22 01/21/14 USE OF KIMBALL PARK FOR APRIL 18TH. REQUESTED BY THE PARISHIONERS FROM SAINT ANTHONY'S CHURCH. (Council Initiated) Item # 23 01/21/14 USE OF MLK BUILDING BOTH NORTH AND SOUTH ON FEBRUARY 22, 2014 TO PROVIDE AN AFFORDABLE CARE ACT RESOURCE FAIR FOR THE CITIZENS OF OUR CITY. WORKING ALONGSIDE THE SAN YSIDRO CLINIC, AND THE OFFICE OF SUPERVISOR COX. (Council Initiated) Item # 24 01/21/14 REQUEST FOR CITY COUNCIL CONSIDERATION OF THE PLACEMENT OF A TROPHY/DISPLAY CASE IN THE MARTIN LUTHER KING, JR. COMMUNITY CENTER PUBLIC HALLWAY FOR THE DISPLAY OF CITY AND COMMUNITY AWARDS AND RECOGNITIONS. (Council Initiated)