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2014 03-04 CC HA AGENDA PKT
RON MORRISON Mayor LUIS NATIVIDAD Vice Mayor JERRY CANO Councilmember MONA RIOS Councilmember ALEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd. National City, CA 91950 619-336-4300 Meeting agendas and minutes available on web WWW. NATIONALCITYCA. GOV AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, MARCH 04, 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 alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior CC/CDC Agenda 3/4/2014 — Page 2 to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Elected Body Meetings. Audio headphones are available in the lobby at the beginning of the meeting. Audio interpretaci6n en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY COUNCIL MEETINGS. CC/CDC Agenda 3/4/2014 — 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. 2014-2015 Community Development Block Grant Program Non Public Service and HOME Investment Partnerships Program Applicant Presentations. (Housing, Grants and Asset Management) INTERVIEWS / APPOINTMENTS CONSENT CALENDAR 2. Approval of the Minutes of the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of February 4, 2014. (City Clerk) 3. Resolution of the City Council of the City of National City authorizing the Chief of Police to continue a Memorandum of Understanding (MOU) with the California Highway Patrol, San Diego Area (CHP) regarding narcotics investigations originated by the California Highway Patrol and authorizing the Chief of Police to sign the MOU. (Police) 4. Resolution of the City Council of the City of National City authorizing the acceptance of the FY 2013 Operation Stonegarden grant in the amount of $35,000 and authorizing the Chief of Police to execute the Agreement for the award of the grant funds, and authorizing the establishment of fund appropriations and a corresponding revenue budget, in the amount of the grant for reimbursement of overtime, fringe benefits and mileage for programmatic operations, prior to the grant deadline of May 31, 2015, the grant funds must be used for overtime reimbursement prior to that deadline, to enable staff to claim reimbursement out of the grant funding by March 31, 2015 deadline. (Police) CC/CDC Agenda 3/4/2014 — Page 4 5. Resolution of the City Council of the City of National City authorizing the installation of one blue curb handicap parking space and two 30-minute time restricted parking spaces on E. 2nd Street in front of the business at 140 Highland Avenue. (TSC 2014-03) (Engineering/Public Works) 6. Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with sign in front of 1036 Hoover Avenue. (TSC 2014-01) (Engineering/Public Works) 7. Resolution of the City Council of the City of National City approving and authorizing the Mayor to sign an Encroachment Agreement with Frank Motors, Inc., located 3150 National City Boulevard, for the installation of three groundwater monitoring wells in the public right-of-way along National City Boulevard and W. 33rd Street, as directed by the County of San Diego Department of Environmental Health. (Engineering/Public Works) 8. Warrant Register #31 for the period of 1/22/14 through 1/28/14 in the amount of $1,640,750.58. (Finance) 9. Warrant Register #32 for the period of 1/29/14 through 2/4/14 in the amount of $4,186,368.19. (Finance) PUBLIC HEARINGS 10. Public Hearing - Conditional Use Permit for the sale of beer and wine for off -site consumption at an existing market (El Super Market) located at 1811 "L" Avenue. (Applicant: Rodel Chalabi) (Case File 2013-27 CUP) (Planning) ORDINANCES FOR INTRODUCTION ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 11. Resolution of the City Council of the City of National City approving a Conditional Use Permit for the sale of beer and wine for off -site consumption at an existing market (El Super Market) located at 1811 "L" Avenue. (Applicant: Rodel Chalabi) (Case File 2013-27 CUP) (Planning) 12. Resolution of the City Council of the City of National City authorizing the installation of raised pavement markers for traffic calming on Division Street between "D" Avenue and Highland Avenue. (TSC 2014-02) (Engineering/Public Works) 13. Resolution of the City Council of the City of National City authorizing various Mid -Year Budget Adjustments. (Finance) CC/CDC Agenda 3/4/2014 —Page 5 NEW BUSINESS 14. Notice of Decision - Planning Commission approval of a Conditional Use Permit for the expansion of the area approved for beer and wine sales at Napoleone's Pizza House located at 619 National City Blvd. (Applicant: Peter Crivello) (Case File 2013-29 CUP) (Planning) 15. Temporary Use Permit - 7th Annual Community Easter Egg Hunt 2014 sponsored by Cornerstone Church of San Diego at Las Palmas Park on April 19, 2014 from 11 a.m. to 3 p.m. with no waiver of fees. (Neighborhood Services) 16. Request to use Martin Luther King Jr. Community Center (North and South Rooms) by National City Chamber of Commerce for a Job Fair on Wednesday, April 2, 2014, from 7:00 am to 2:00 pm. Applicant anticipates approximately 700-800 attendees. Applicant is requesting a waiver of fees. (Engineering/Public Works) 17. Request from National City Chamber of Commerce for waiver of National City Fire Department fees on Mariachi Festival & Competition event at Pepper Park on March 15, 2014. This is a Port of San Diego large event permit which requires National City Fire Department review and inspections. (Neighborhood Services) 18. Staff Report - Follow up report to the City Council regarding "Deemed Approved" Ordinances for existing retail alcohol outlets. (Planning) 19. Scheduling of City Council retreat. (Administrative Services) COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY STAFF REPORTS MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Regular City Council/Community Development/Housing Authority of the City of National City Meeting - Tuesday - March 18, 2014 - 6:00 p.m. - Council Chambers - National City, California. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 4, 2014 AGENDA ITEM NO.1 ITEM TITLE: 2014-2015 Community Development Block Grant Program Non Public Service and HOME Investment Partnerships Program Applicant Presentations. 3 PREPARED BY: Angelita Marchante, Community Dev. Spec. DEPARTMENT: PHONE: 1(619) 336-4219 APPROVED BY EXPLANATION: The City of National City solicited requests for funding from community agencies and City Departments for program funding in Fiscal Year (FY) 2014-2015 under the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs. The application for funding was made available on November 26, 2013. It is estimated that the City will receive $808,047 for FY2015 of which 65% ($525,231) is designated for Non -Public Services. The City received 8 Non Public Service applications for Fiscal Year (FY) 2014-15 CDBG funding. On March 4, CDBG Non Public Service applicants will be provided the opportunity to present on their funding request to the City Council. Applicants will have up to 3 minutes per application to present each proposed activity at the City Council meeting. The City Council will make recommendations for funding CDBG and HOME activities immediately after the first of two public hearings on March 18 for the proposed Fifth Year Annual Action Plan. After a 30-day public comment period the City Council may adopt the Annual Action Plan activities for submission to the U.S. Department of Housing and Urban Development. H sing, Grants, & Ass Klement Department FINANCIAL STATEMENT: ACCOUNT NO. n/a Not applicable to this report. ENVIRONMENTAL REVIEW: Not applicable to this report. ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: !File this report. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: Attachment No. 1: FY 2014-2015 Annual Action Plan Development Timeline Attachment No. 2: 2010-2015 Consolidated Plan Goals and Objectives Attachment No. 3: List of Applicants for 2014-2015 CDBG and HOME Funding 1 Attachment 1 FY14-15 Annual Action Plan Timeline for CDBG and HOME Programs $ummary of the Funding Timeline November 26, 2013 (Tuesday): 12oIa',n January- March 2014 Jant ry 4, 2014 (,Tuesday):' February 11, 2014 (Tuesday): March 4, 2014 (Tuesday): Marc 014(T March 25 to April 23, 2014 May 6; 2p141'fuesday): , May 15, 2014 (Thursday): ntatiop itt FY 2014-15 CDBG/HOME Grant Funding Applications Available for Distribution City Hall Clerk's Office, MLK Jr. Center Suite B, and City of National City Web&te Drafting of FY 201415 Action Plan hambe Mandatory 30-Day Public Review FY 201415 Action Plan CDBIifitclME Due by 2 PPp m atke CDBG/HOME Grant Applications to the City Council O. ikbdy CDBG/HOME Program Applicant Non -Public Service and HOME Presentations 6:00 p.m. City Hall Council Chambers umbikPuf)fct•lr W 1001040rig a 6ribi 0 Oltycouncil°Finalt'ubttcH ai 6 00 p rn, Ctty ail ouilmorl C Submission of the FY 201415 Action Plan to HUD 2g447,15 Action plan, Attachment No. 2 FIVE-YEAR CONSOLIDATED PLAN 2010-2015 STRATEGIC HOUSING (H) PLAN PRIORITIES AND OBJECTIVES Summarv: In order to maintain quality structures and living spaces in National City, the City prioritizes single- family and mufti -family rehabilitation programs to provide assistance for repairs and rehabilitation, especially for affordable housing stock. Objective 1: Minor Home Rehabilitation Provide funding for minor rehabilitation of 50 units. Oblective 2: Ownership Housing Rehabilitation Program Provide funding (loans and rebates) to rehabilitate/repair 15 single-family housing units. Objective_3; Rental Unit Rehabilitation Program Provide loans to owners of rental housing to rehabilitate/repair 12 units, in retum for a deed restriction to maintain units affordable. Objective 4: Housing Inspection Program Provide funding to assist 150 housing units with housing inspections that will provide technical assistance to property owners with regards to code enforcement and violations. Objective 5: Lead -Based Paint Hazard Reduction Continue to educate residents on health dangers of lead; require testing and lead hazard reduction in conjunction with rehabilitation. Priority±H-2: Provide first-time =homeb uy,®r,op Summarv: Develop program that will provide financial assistance through loans andlor grants to help first-time homebuyers. Objective 1: Provide homeownership assistance to 33 households. PrlorityHH-3', Support "new affordable housing construction:: Summarv: City will work with for -profit and non-profit housing developers to acquire, rehabilitate, and construct new affordable housing units. Objective 1: Support the rehabilitation and/or construction of 50 affordable housing units. priority ?rromoteequal housing opportun Summarv: Contract with the Fair Housing Council of San Diego to perform investigation, reporting, monitoring, tenant counseling, and landlord training on fair housing law. Obiective 1: Provide assistance to fair housing counseling and enforcement organizations. Annually evaluate services provided. Seek to assist 250 households. Objective 2: Actively advertise the services provided to National City residents in public locations. Objective 3: Continue to comply with the fair housing planning requirements of CDBG & HOME programs. Page 1 of 3 Attachment No. 2 Summary: Two projects with 260 federally assisted units are at risk of converting to market rate. City will implement the following objectives to conserve affordable housing stock at risk of conversion. Obiective 1; Monitor units at -risk of converting 10 market rate. Obiective 2: Establish contact with agencies interested in purchasing and/or managing units. Obfective 3: Work with tenants and provide them with information of other affordable housing opportunities. Obiecttve 4: Assist tenants of at -risk housing to obtain priority status for Section-8 if conversion to market rate. Summary: National City if a part of the San Diego Continuum of Care System and addresses homeless issues in the community through the continuum of care model. The National City Housing Authority and CDBG funds can also be used to provide supportive services to the homeless and those at -risk of becoming homeless. Obiective 1: Continue to support and participate in the San Diego Continuum of Care System. Objective 2: Coordinate with Emergency Food and Shelter Programs to bring funds into the region. Objective 3: Assist 300 persons by providing assistance to agencies and organizations that provide services to the homeless and/or persons at -risk of homelessness. Identified funding source: Homelessness Prevention and Rapid Re -Housing Program (HPRP) Page 2 of 3 Attachment No. 2 FIVE-YEAR CONSOLIDATED PLAN 2010-2015 STRATEGIC COMMUNITY DEVELOPMENT (CD) PLAN PRIORITIES AND OBJECTIVES Priority,CD-7 Provide for new andimprove existing.communit jcllit1es; Summary: CDBG funds may be used to improve and expand parks and recreation facilities, to assist in the construction, expansion, and/or rehabilitation of other non -City owned community facilities serving the City's low- and moderate -income population and people with special needs. CDBG funds may also be used for new fire facilities and equipment if needed. In the past, CDBG funds leveraged a Section 108 loan for these purposes. The City's 5-year Capital Improvement Plan (GIP) identifies capital project needs; some of these projects have been identified as priorities for the Consolidate Plan 5-year period, including improvements to be made with regard to ADA compliance. Objective 1: Pursue 3 improvement projects to parks, recreational, and community facilities annually, for a total of 15 projects during the five-year Consolidated Plan period. Objective 2: Continue to prioritize repayment of the Section 108 loan, allocating CDBG funds and program income. Priority,CDrB ; Proyide.for:needed nfrast� cture,inipr�veniehts inJo and moc fate nedme.area'sc Summary: Street and sidewalk improvements are needed in low- and moderate -income areas to support continued investment. In addition, flood control projects have been identified as priorities. Obiective 1: Pursue 2 flood control and 15 street improvement projects. Priority CD-9 Provide for needed, community and `supportive services Summary: The public outreach process identified homeless and emergency food services, senior services, childcare, and especially youth services, and crime awareness/prevention as priority services. Objective 1: Pursue public services for lower -income and special needs populations as Identified on a yearly basis. Assist 8,350 persons or households over the five-year Consolidated Plan period. Priority CD-10 Provide for necessary planting activities Summary: To ensure the effective use of limited CDBG and HOME funds, the City must allocate money towards planning and monitoring. Preparation of annual updates allows the City to address the community's changing needs. Continued outreach to low- and moderate -income households should be conducted as part of the CDBG program's required public participation process. Objective 1: Annually review implementation of Consolidated Plan and update Action Plan as necessary. Objective 2: Conduct monitoring of CDBG and HOME funded activities. Objective 3: Ensure understanding of changing community needs through coordination with the Neighborhood Councils. Obiective 4: Support efforts to increase volunteerism in the community in order to assist in the removal of blight and increase community engagement. Page 3 of 3 Attachment No. 3 f, `➢"' .iZ`N.4'G P -4 1 ,"� eb'xV kjr.. 3. f g d€.r A Tn`4 Y £ ! W i, .... C.t-- { {�� ,�F S,Y' t�F F I� P��3 �� 5�.��*' e3 �f('^'�@2 2�14 ���'"a..�a';�.rc,`� XS h E' t` Applicant Name --;� Program Name Activity Allocation Minimum Allocation 1 City of National City, Community Services At Risk Youth After School Teen Program - "Supreme Teens" $27,500 $27,500 2 International Bible Baptist Church Brother's Keeper San Diego, Inc. $50,000 $25,000 3 Community Youth Athletic Center Champs 4 Life Youth Diversion Program $60,000 $25,000 4 Meals -on -Wheels Greater San Diego, Inc. Home -Delivered Meals - Meals on Wheels National City $8,000 $6,000 5 La Maestra Family Clinic, Inc. DBA La Maestra Community Health Centers Improving Access to Behavioral and Mental Health Services for Low -Income and Uninsured Individuals Living in National City $25,060 $24,300 6 City of National City, Public Library Literacy Services $52,000 $52,000 7 South Bay Community Services National City Police Department Support Services: Domestic Violence Response Team $20,000 $20,000 8 YMCA of San Diego County/South Bay Family YMCA National City YMCA Subsidy and Financial Assistance Program for National City Residents $50,000 $30,000 9 City of National City, City Manager's Office Neighborhood Councils Program $84,000 $15,000' 10 City of National City, Community Services Department Tiny Tots $29,337 $29,337 11 Trauma Intervention Programs of San Diego County, Inc. Trauma Intervention Program $11,000 $11,000 s g rnR c..'.'L a r , `^. s-:y ,,,, x tz.,ik'3a.'�.mN"z $`"s T 's+s yt't;•, 's5 4i`z� s -" ' `- w'x t v z . 'ems .. •( ; Code Enforcement 12 City of National City, Housing, Grants, and Asset Management Housing Inspection Program $110,477 $110,477 Economic Development 13 Southwestern Community College District Southwestern Community College Center for International Trade Development $35,000 $25,000 Interim Assistance 14 City of National City, Neighborhood Services Division Neighborhood Preservation $134,302 $129,302 Public Facility tmprovements 15 Centro de Salud de la Comunidad de San Ysidro, Inc. DBA San Ysidro Health Center, Inc. National City Family Clinic Facility Improvement $315,194 $315,194 Public Infrastructure Improvements 16 City of National City, Engineering Division Drainage Improvements $100,000 $100,000 17 City of National City, Engineering Division Park ADA Enhancements $100,000 $100,000 Rehabilitation 18 Environmental Health Coalition Making National City's "Healthy Homes" Energy Efficient $45,768 $45,768 Section 108 Loan 19 City of National City, Fire Department Fire Station 34 Section 108 Loan Payment Fiscal Year 2014 - 2015 $543,819 $543,819 Page 1 of 2 Attachment No. 3 Activity Allocation Minimum Allocation Applicant Name Program Name P�ka...�-.^ice' Y. V- d$. � "4* '� Y3. ✓ �»- _ f.a �d4%?14 f -.. i."�v�i*�xA..w�s'- }?r x ' 4 at .i^re. �[.: ':5. R...,wr� 4J 20 . x City of National City, Housing, Grants, and Asset Management CDBG Program Administration $126,609 $126,609 21 C�S��Ap San Diego County Fair Housing and Tenant Landlord Education $35,000 $35,000 ��Nf �//��� ' 'at ��•V RT1�Ra iil �1 i}if b'reYn'i.R $310,319 $310,319 22 City of National City, Housing, Grants, and Asset Management National City Owner -Occupied Rehabilitation Program 23 South Bay Community Services National City Tenant Based Rental Assistance Program (TBRA) $100,000 $75,000 24 City of National City, Housing, Grants, and Asse-��t`/Management HOME Program Administration $26,943 $26,943 T Y'9 0 '" a XL✓< f k''-,y8�[TiW'.g�il4 isP Page 2of2 Item # 2 03/04/14 APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF FEBRUARY 4, 2014. (City Clerk) Book 96 / Page XX 02-04-2014 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY February 4, 2014 The Regular Meeting of the City Council Commission — Housing Authority of the City at 6:25 p.m. by Mayor / Chairman Ron Mo ROLL CALL Council / Board members present: Can orrison, Natividad, Sotelo-Solis. Administrative Officials present: Dall , sees ,;,: Luong, P c Raulston, Rodriguez, Silva, Stevenson,: ; •ara, Ybar `s. Others present: Student Rep.,,ive Kane Community Development City was called to order PLEDGE OF ALLEGIANCE TO �. -Y MA`'`; RON MORRISON PUBLIC ORAL ��` ATIO Geoffrey Schroc s; -tional Wt ,spoke`=tut the positive feedback on the district tax measure and th PR COUNCI 1. Natio IL ENTA ONS 2014 (102-10-9) Program 2012 — 2014 COUNCIL MEE(;soyENTATIONS 2014 (102-10-9) 2. Partnership orations: ARTS, the Sage Project, and SUHI helping g create the Arts, Culture, and Education District.in p� (City Manager) 1 Book 96 / Page XX 02-04-2014 CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item Nos. 3 through 8 (Resolution Nos. 2014-8 through 2014-13), Item Nos. 9 through and 11 (Warrant Registers). Motion by Natividad, seconded by Sotelo-Solis, to approve the Consent Calendar. Carried by unanimous vote. CONTRACT (C2005-65) 3. Resolution No. 2014-8. RESOLUTION OF CITY OF NATIONAL CITY AUTHORIZ THE MEMORANDUM OF UNDERST SAN DIEGO OFFICE OF HOME NATIONAL CITY REGARD! INITIATIVE (UASI) GRANT TRAINING FOR POLICE AND ACTION: Adopted. See ab CONTRACT (C2005-65) 4. Resolution No. 2014-9.'''":_,TI CITY OF NATIONAL CI THE MEMO SAN DI NATION INITIATI TRAINING E HO TRAINI PERSON ACTI / PUBLI solution CITY 0 TE THE D SE EXE UM OF OF GARD RANT ND FI abo 6-4-27) RESOLUTION OF THE CITY COUNCIL OF CITY AUTHORIZING THE MAYOR TO NT "'ASSURANCES FOR THE FY13 STATE ITY GRANT PROGRAM FOR EQUIPMENT, ES, AND PLANNING FOR POLICE AND FIRE CITY COUNCIL OF THE MAYOR TO EXECUTE TWEEN THE CITY OF SECU P AND THE CITY OF 12 URBAREA SECURITY NDING FOR IPMENT AND PERSONNEL. (Fir ON O-` <.._ CITY COUNCIL OF THE MAYOR TO EXECUTE EEN THE CITY OF AND THE CITY OF 13 " EaAN AREA SECURITY NDING FOR EQUIPMENT AND ERSONNEL. (Fire) dopted. See above. GRANT / PUBLIC SAFETY (206-4-27) 6. Resolution. No. 2014-11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING A REIMBURSABLE GRANT IN THE AMOUNT OF $44,565 FROM THE FY13 STATE HOMELAND SECURITY GRANT PROGRAM FOR THE PURCHASE OF EQUIPMENT FOR THE POLICE AND FIRE DEPARTMENTS, AND AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION AND CORRESPONDING REVENUE BUDGET. (Fire) ACTION: Adopted. See above. Book 96 / Page XX 02-04-2014 CONSENT CALENDAR (cont.) FINANCIAL MANAGEMENT 2013 — 2014 (204-1-29) 7. Resolution No. 2014-12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE REALLOCATION OF $70,000 IN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO THE FY 2013-2014 CDBG PROJECT TITLED GEORGE H. WATERS NUTRITION CENTER PROGTO COMPLETE THE INSTALLATION OF A WALK-IN REFRIGR UNIT AND REPAIRS TO THE HEATING, VENTILATION, AN R z e ,.CONDITIONING SYSTEM. (Housing, Grants, and Asset Managem ACTION: Adopted. See abo STANDARD PUBLIC WORKS CON 8. Resolution No. 2014-13. RE THE CITY OF NATIONAL CITY PROGRAM (QAP) ., T PROV PROCEDURES TO E THA INTO CONSTRUCTIO TS THE CONTRACT SPECI FOR FEDE r:,;,_ D PROJ A arr >s E ®•ted. S WARRANT RE 9. Warrant Re $1, 10. T REGIS ant Regist of $1,845 TION: R ECS ADMIN (91 n_.::-01) TION OF THE C ` ><< r OUNCIL OF QUALI m SURANCE PLING A ' =r TESTING TERIALS INCORPORATED CONFORMANCE WITH NS REQUIREMENTS 2014 (202-1-28) of 12/11/13 through 12/17/13 in the 3 — JUNE 2014 (202-1-28) period of 12/18/13 through 12/24/13 in the finance) See above. WARRANT REG Y 2013 — JUNE 2014 (202-1-28) 11. Warrant Reg ``'`' 28 for the period of 01/01/14 through 01/07/14 in the amount of $2,3 6,202.41. (Finance) ACTION: Ratified. See above. 3 Book 96 / Page XX 02-04-2014 NON CONSENT RESOLUTIONS CONDITIONAL USE PERMITS 2014 (403-29-1) 12. Resolution No. 2014-14. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR ALCOHOL SALES AT REDBIRD MARKET LOCATED AT 2035 HIGHLAND AVENUE. (Applicant: Laith Arabo) (Case File 2013-18 CUP) (Planning) RECOMMENDATION: Adopt the Resolutio TESTIMONY: None. ACTION: Motion by Sotelo-Sol _ =c; d by Morrison, to adopt the Resolution. FINA 13. Re THE AND C THE PUR WESTSIDE Motion by Natividad, sec change the conditions wine from 8 am to 10 pm 11 pm on Saturday. Amen wit: Ayes: Ca rt>E;.► orrison, Absent: None. The original mo adopt the Reso incorthe a Ay A At occur mber no, stain: by Cano, end the motion to royal to permit ``'=: ale of beer and day through Frida '''Fd from 8 pm to by the fo 4,,; g vote, to- Nays: Rios, tptelo-Solis. • None. elo-So in econded by Morrison, to priate new language following vote, to -wit: , Rios, Sotelo-Solis. was determined that a voting error ted that the board be cleared and otion carried by the following vote, tividad. Nays: Rios, Sotelo-Solis. 2014 (204-1-29) -15. ESOLUTION OF THE CITY COUNCIL OF NAL CITY AUTHORIZING THE APPROPRIATION ING REVENUE INCREASE OF $1,000,000 FOR ENVIRONMENTAL REMEDIATION WORK ON THE L TRANSIT ORIENTED DEVELOPMENT PROJECT SITE. (Engineering) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Sotelo-Solis, to adopt the Resolution. Carried by unanimous vote. Book 96 / Page XX 02-04-2014 NON CONSENT RESOLUTIONS (cont.) CONTRACT (C2014-3) 14. Resolution No. 2014-16. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AWARDING A CONTRACT IN THE NOT TO EXCEED AMOUNT OF $858,609.00 TO CLAUSS CONSTRUCTION FOR THE 2020 AND 2100 HOOVER AVENUE REMEDIATION AND SITE DEMOLITION Pyre. ECT. SPECIFICATION NO. 13-01; 2) AUTHORIZING A 25% CO .n'ENCY IN THE AMOUNT $214,652.25 FOR ANY UNFOR " cr CHANGES; AND 3) AUTHORIZING THE MAYOR Ta<€_>`_'>' ` "c, �E THE CONTRACT. (Engineering) RECOMMENDATION: Adopt th-„<= Iution. TESTIMONY: None. ACTION: Motion by Nati E%•, seconded by So �, olis, to adopt the Resolution. Carried by e. NEW BUSINESS CONDITIONAL USE PERMITS 15. Notice of D Permit fo market Chalabi) RECOMME CONDIT 16. Notic Permit Street. (A RECOMME — Plann beer a et) Ioc 3-27 C ff con of a Conditional Use co umption at an existing 811 "<=e� enue. (Applicant: Rodel (Planning) J with the decision of the Planning Notice of Decision be filed. Commission and recommends that the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Cano, to approve staff recommendation. Carried by unanimous vote. CITY MANAGER / REPORTS ADMIN (1104-1-12) 17. Staff update on the San Diego State University Sage Project: Community Engagement for Sustainable Cities Program. (City Manager) one. by Rio econded by Sotelo-Solis, to set for arch 4th. Carried by unanimous vote. ITS 20 4 (403-29-1) anning Commission approval of a Conditional Use Communications Facility located at 2415 East 18th erizon Wireless) (Case File 2013-26 CUP) Planning) ON: Staff concurs with the decision of the Planning 5 Book96/PageXX 02-04-2014 NEW BUSINESS (cont.) COUNCIL WORKSHOP NOTICES / ADMIN (102-6-1) 18. Response to the December 3, 2013 direction by the City Council to bring forward recommendations related to the facilitation of a City Council Retreat, including possible dates and format. (Administrative Services) RECOMMENDATION: Provide direction to Staff. TESTIMONY: None. ACTION: Motion by Rios, seconde•-,;r atividad, to move forward with Ga Winter and staff to co '` f k with sna•shot of events and .ossible meetin• dates from unanimous vote. FINANCIAL MANAGEMENT 2013 — 19. National City Sales Tax Up (Finance) RECOMMENDATION ACTION: Motio file. Carried by Rios, Sotelo-Solis: None �.0 • h summer. Carried by (204-1-29) ""r< Newsletter - Thi m=:� uarter 2013. vide direct telo-Solis,r'onded by Rios, to accept and g vote, it: Ayes: Morrison, Cano, ne. �'� _,_.nt: Natividad. Abstain: MUNI DEVEL ENT COMMISSION — HOUSI STA UTH, LIY OF "° Wr-.CITY OF NATIONAL CITY TEMS FINANCE°a; T ADMI 04-1- ) 20. State ``.: alifornia ;rat cal Year 2015 Budget Update. (Finance) MAYOR AND CI IL CITY COUNCIL ADMI (102-16-1) 21. Discussion of a Safe Ongoing Prescription Drug Drop Off site which would allow residents to dispose of household prescription medications at a location for quick and convenient use. (Council Initiated) ACTION: Staff asked to look at existing resources. G Book 96 / Page XX 02-04-2014 MAYOR AND CITY COUNCIL (cont.) Vice Mayor Natividad invited everyone to attend the Affordable Care Act Town Hall Meeting to be held at MLK on February 22, 2014. Council Member Rios reminded everyone that Sweetwater High is having their Annual Career Fair on February 28th and requested staff provide any materials that would be helpful for the event. Mayor Morrison gave an update on the Ann w€z DAG Retreat; provided a $1,000 check to the City Manager from the - j' . klid Waste Association to be used for environmental education; <` • 'ed on participation on the recruitment committee for the Executi 3ctor of th-°`a rtional Congress of Cities and urged everyone to visit the remodeled Big =r arket. CLOSED SESSION REPORT City Attorney Claudia Silva d there w to report fro he Closed Sessionfor the City Counc ssor Ag r or Parking Authority. (See attached Exhibit 'L') "w ADJOURNMENT Motion by Sot Regular Meeting Housing Authority 2014 un The the meetin• to the next ommunitv Development Commission — ty to be held Tuesday, February 18, ational City, California. Carried by City Clerk The foregoing minutes were approved at the Regular Meeting of March 4, 2014. Mayor 9 EXHIBIT 'L' ft`�k ` I s 1r8 8e7'` AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NA ''L CITY PARKING AUTHORITY OF THE CI �eh,kp : IONAL CITY AND SUCCESSOCY TO THE COMMUNITY DEVEL'rfr?%ENT COMMISSION A THE NATIONAL CITY R`4IJ`r,ELOPME T AGENC in Conferen ivic Center 12 ' e ' i I City Bou N"en2'gd.. Californi Spe::'a�t eting — T ROLL CALL 0 1. Real P APN: 55 Agency Neg Under Negotia CLOSED SESSION NG AUTHORITY Former Costco Site seer nd Terms of Payment CITY COUNCIL 1. Conference with Labor Negotiators: Agency Designated Representatives: Employee Organization: '00 p.m. Government Code Section 54657.6 Stacey Stevenson, Claudia Silva, Brad Raulston, Mark Roberts, Frank Parra, and Tim Davis Fire Fighters' Association CLOSED SESSION (cont.) CITY COUNCIL 2. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) City of National City and Successor Agency v. Matosanto Sacramento Court Case No. 34-2012-80001198 SUCCESSOR AG 3. Conference with Legal Counsel — Existin Government Code Section 54956.9(a) City of National City and Successor Ag Sacramento Court Case No. 34-2012-800 4. Real Property Transaction — F APN: 559-086-03-00 Agency Negoti- sE:a a. osier Under Negot (t)€� "63=�d Terms ADJOURNMENT on Closed Session Agenda Page Two February 4, 2014 ndoval (true up) Matosantos, Sandov:„e up) ING AUTHO ebruary 4, 2014, 6:00 p.m., Council 9 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT ',METING DATE: !March 4, 2014 AGENDA ITEM NO. 3 ITEM TITLE: !Resolution of the City Council of the City of National City authorizing the Chief of Police to continue a Memorandum of Understanding (MOU) with the California Highway Patrol, San Diego Area (CHP) regarding narcotics investigations originated by the California Highway Patrol and authorizing the Chief of Police to sign the MOU PREPARED BY: PHONE: 45111 EXPLANATION: Manuel Rodriguez, Chief of Police! DEPARTMENT: Police APPROVED BY: The Department has had an agreement with the CHP regarding drug investigations since 2006. The California Highway Patrol (CHP) has submitted the Memorandum of Understanding (MOU) to establish when the National City Police Department will be notified and offered the opportunity to handle drug investigations originated by the California Highway Patrol. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. ' APPROVED: IN//N ENVIRONMENTAL REVIEW: 1N/AN ORDINANCE: INTRODUCTION: iI FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: !Approve the Resolution; BOARD / COMMISSION RECOMMENDATION: kTTACHMENTS: ,.Memorandum of Understanding 1 Memorandum of Understanding Page 1 MEMORANDUM OF UNDERSTANDING CHP ORIGINATED DRUG INVESTIGATIONS (c -f-L r�-F I�lc t'iovk� This is a Memorandum of Understanding (MOU) between the National City Police Department (NCPD), hereafter known as the "Signatory Agency" and the California Highway Patrol (CHP) San Diego Area regarding narcotics investigations originated by the CHP. PURPOSE The purpose of this MOU is to establish when the Signatory Agency should be notified and offered the opportunity to handle drug investigations originated by the CHP. CALL OUT PROCEDURES The CHP San Diego Area will notify and request on -scene assistance from the Signatory Agency when one or more of the following circumstances occur: 1. Arrest or preliminary investigation indicates a violation of state law which results or could result in an asset seizure pursuant to Section 11470 of the Health and Safety Code (HSC) (Le., possession for sale, transportation, manufacturing, or conspiracy related to drugs) or federal law pursuant to Title 21 of United States Code (USC), Section 881 or Title 18 USC, Section 981 (drug trafficking or money laundering offenses). 2. Arrest or preliminary investigation indicates one or more of the following: A. Evidence of drug manufacturing operations. B. Money linked to drug transactions (Minimum currency amount for call -out of the Signatory Agency may be specked). C. Amount of drugs makes conveyance seizable (Section 11470(e) HSC): i. 14.25 grams (half ounce) or more of heroin or cocaine base, or a substance containing 14.25 grams or more of heroin cocaine base (rock cocaine). ii. 57 grams (two ounces)' or more of a substance containing powder cocaine, methamphetamine, or other Schedule I or II controlled substances, except marijuana, peyote, or psilocybin mushrooms. iii. 10 pounds or more dry weight of marijuana, peyote, or psilocybin mushrooms. Only one ounce (28.5 grams) of "pure" powder cocaine of methamphetamine is required; however, as a practical matter there will be no way to determine purity in the field. Memorandum of Understanding Page 2 D. Any conveyance containing a false compartment used or intended to be used to store, conceal, smuggle, or transport a controlled substance (Section 11366.8 HSC). 3. All drug arrests requiring supplemental or follow-up investigation. EXPECTATION It is the expectation of the CHP when the Signatory Agency is notified of drug investigations which meet the aforementioned criteria, the Signatory Agency will accomplish the following: 1. Either telephonically decline to respond or arrive at the scene or local CHP Area office within the jurisdiction of the Signatory Agency within 15 minutes of notification. Upon the arrival of the Signatory Agency, they may decline to handle the investigation to its conclusion. By no means shall the Signatory Agency be obligated to handle drug investigations originated by the CHP. 2. If accepted, the Signatory Agency shall prepare a thorough and comprehensive investigation into the related incident and initiate any necessary supplemental investigation, including any asset forfeiture proceeding pursuant to Sections 11470 et al HSC. A copy of the investigative report is to be provided to the San Diego CHP Area, attention "Asset Forfeiture Coordinator." 3. If not accepted, the CHP will handle the investigation, including any asset forfeiture proceedings, to conclusion utilizing Area and/or Division resources and will be entitled to the full enforcement share pursuant to Section 11489(b)(2)(A) HSC. 4. Refer non -qualifying state cases to the appropriate federal agency for evaluation and possible adoption. CASH SEIZURES When cash seizures are made by the CHP, the CHP will maintain control of the cash until a true and accurate count is obtained. If the sum of cash is too large to count at the scene, it is to be bagged and tagged and retained by the CHP until it can be counted. A representative from the involved allied agency should be present at the money count. Appropriate approvals outlined in CHP policy will be obtained for any deviation form this procedure. EQUITABLE SHARING The CHP and the Signatory Agency will negotiate equitable share of the asset forfeiture proceeds to reflect the proportionate contribution of each agency participating in the seizure. If the agencies cannot agree, the District Attorney shall be the decisive arbitrator for State forfeitures. For Federal forfeitures, the lead Federal agency's sharing policies/procedures shall prevail. Memorandum of Understanding Page 3 INDEMNIFICATION CHP shall indemnify and hold harmless NCPD, their agents and employees, from and against all claims, damages, losses, and expenses, including attorney's fees, arising out of or resulting from the performance by CHP of the services specified in this Agreement which are caused by any negligent act or omission of CHP, any subcontractor of CHP, or anyone directly or indirectly employed by CHP or its subcontractors. Furthermore, NCPD shall indemnify and hold harmless CHP, their agents and employees, from and against all claims, damages, losses, and expenses, including attorneys fees, arising out of or resulting from the performance by NCPD of the services specified in this Agreement which are caused by any negligent act or omission of NCPD, any subcontractor of NCPD, or anyone directly or indirectly employed by NCPD or its subcontractors. DURATION AND TERMINATION PROVISIONS Any party to this agreement desiring to terminate its participation shall notify each signatory to this agreement in writing of their intent to withdraw. Withdrawal from participation in this agreement shall not take effect less than ten (10) days from the date of said notification. The parties, evidenced by their signature hereto, agree that this MOU shall be effective upon approval and shall remain in full force and effect until any party withdraws from participation. It is further acknowledged by all parties that certain portions of this agreement may require amendments during the term of this MOU if their governing bodies so direct. If any provisions of this MOU is held invalid or unconstitutional, such decision shall have no effect on the validity of the remaining provisions of the MOU, and such remaining provisions shall continue to remain in full force and effect. AGREED HERETO BY ALL PARTIES WHOSE SIGNATURES APPEAR BELOW: MANUEL RODRIGUEZ Date M.J. GUTHRIE, Captain 'Date Chief of Police Commander City of National City San Diego Area California Highway Patrol RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE CALIFORNIA HIGHWAY PATROL, SAN DIEGO AREA, REGARDING NARCOTICS INVESTIGATIONS ORIGINATED BY THE CALIFORNIA HIGHWAY PATROL WHEREAS, the National City Police Department has had an agreement with the California Highway Patrol ("CHP") regarding drug investigations since 2006; and WHEREAS, the CHP submitted a Memorandum of Understanding ("MOU") to establish when the National City Police Department will be notified and offered the opportunity to handle drug investigations originated by the CHP. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Chief of Police to execute a Memorandum of Understanding ("MOU") with the California Highway Patrol, San Diego area, to establish when the National City Police Department will be notified and offered the opportunity to handle drug investigations originated by the CHP. Said Memorandum of Understanding is on file in the Office of the City Clerk. PASSED and ADOPTED this 4th day of March, 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 "EETING DATE: March 4, 2014 AGENDA ITEM NO. 4 ITEM TITLE: 'Resolution of the City Council of the City of National City authorizing the acceptance of the FY 2013 Operation Stonegarden grant in the amount of $35,000 and authorizing the Chief of Police to execute the Agreement for the award of the grant funds, and authorizing the establishment of fund appropriations and a corresponding revenue budget, in the amount of the grant for reimbursement of overtime, fringe benefits and mileage for programmatic operations, prior to the grant deadline of May 31, 2015, the grant funds must be used for overtime reimbursement prior to that deadline, to enable staff to claim reimbursement out of the arant funding by March 31. 2015 deadline. PREPARED BY: Christopher P. Cameon, Sergeant{ PHONE: 019-336-4524 EXPLANATION: DEPARTMENT: POII� APPROVED BY: The County of San Diego through the San Diego Sheriff's Department received $6,660,699 in grant funding from the California Governor's Office of Emergency Services (Cal OES) via the U.S. Department of Homeland Security (DHS) for the Fiscal Year (FY) 2013 Operation Stonegarden (OPSG) Grant (under the Homeland Security Grant Program). As one of the 24 participating agencies, the National City Police Department's share of the total grant amount is $35,000. The police department's participation is governed through a Memorandum of Agreement with the San Diego County Sheriffs Department, who serves as the fiscal agent for the grant. The Operation Stonegarden Program is a reimbursable grant, law enforcement preparedness and operational readiness along the land and water borders of the United States and to address cross -border crimes in the region. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Revenue: 290-11645-3498 Expenditure: 290-411-645-'1 ENVIRONMENTAL REVIEW: Not applicable ORDINANCE: INTRODUCTION: 7 FINAL ADOPTION: Ir Finance MIS STAFF RECOMMENDATION: Staff recommends that the City Council accept the FY 2013 Operation Stonegarden Grant award and authorize the Chief of Police to execute the Agreement with the San Diego Sheriff's Department. BOARD / COMMISSION RECOMMENDATION: 1TTACHMENTS: rkgreement for the Operation Stonegarden (OPSG) Grant Exhibit E to the Agreement Operations Order Report for the FY 2013 OPSG Grant (DHS/U.S. Customs & Border Protection) FY 2103 Operation Stonegarden Annual Budget Workshee AGREEMENT FOR THE OPERATION STONEGARDEN (OPSG) GRANT PARTIES TO THE AGREEMENT This Agreement is among 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"), the SAN DIEGO UNIFIED PORT DISTRICT ("SDUPD"), the SAN DIEGO STATE UNIVERSITY ("SDSU"), the UNIVERSITY OF CALIFORNIA SAN DIEGO ("UCSD") the COUNTY OF ORANGE ("OC"), the COUNTY OF LOS ANGELES ("LAC"), the COUNTY OF VENTURA ("VC"), the COUNTY OF SANTA BARBARA ("SBC"), the COUNTY OF SAN LUIS OBISPO ("SLOC"), the CALIFORNIA HIGHWAY PATROL ("CHP"), the CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE ("CDFW"), the CALIFORNIA DEPARTMENT OF MOTOR VEHICLES ("DMV"). the CALIFORNIA DEPARTMENT OF PARKS AND RECREATION ("DPR"), and the CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, OFFICE OF CORRECTIONAL SAFETY ("CDCR"), collectively the "PARTIES", for program support of the Operation Stonegarden Grant ("OPSG")." PARTY DEPARTMENTS OR AGENCIES PARTICIPATING IN THE AGREEMENT For the COUNTY, participating agencies are Probation Department and the Sheriff's Department ("SHERIFF"). For the CITIES and SDUPD, and Universities, participating agencies are their respective police department. For OC, LAC, VC, SBC, and SLOC, participating agencies are their respective Sheriffs Department. CHP, CDFW, DMV, DPR, and CDC do not have subordinate agencies or department participants. RECITALS R.1 COUNTY through SHERIFF requested and received funds from the U.S. Department of Homeland Security (DHS) passed through the California Governor's Office of Emergency Services (CalOES), under the Fiscal Year (FY) 2013 Operation Stonegarden Grant (OPSG) Program. R.2 Funds shall be used to support the OPSG program to enhance law enforcement preparedness and operational readiness along the land and water borders of the United States. R.3 Government Code §55632 authorizes COUNTY through SHERIFF and PARTIES, to contract with SHERIFF for provision of joint law enforcement services. R.4 PARTIES desire to enter into an agreement with provisions concerning the nature and extent of OPSG collaboration, services rendered, and compensation. R.5 COUNTY, by action of the Board of Supervisors Minute Order No. 2 on December 3, 2013, approved and authorized the SHERIFF to execute expenditure contracts to 1 use FY2013 OPSG funds to reimburse all PARTIES for overtime expenses; equipment and vehicle purchases; fuel, mileage, flight, and vehicle and equipment maintenance costs incurred in OPSG activities not to exceed the amounts described in Exhibit A — Budget Worksheet, during the project period September 1, 2013 through May 31, 2015. R.6 PARTIES agree to maintain documentation supporting all expenditures reimbursed from OPSG grant funds, ensure all expenditures are allowable under grant requirements, adhere to their jurisdictions authorized procurement methods and submit an organization -wide financial and compliance audit report if $300,000 or more of OPSG federal funds are expended in a fiscal year. The documentation and records shall be maintained and retained in accordance with OPSG grant requirements and shall be available for audit and inspection. (a) For accounting purposes, the following is a description of OPSG funds: Federal Grantor Agency: U.S. Department of Homeland Security; Pass Through Agency: California Governor's Office of Emergency Services (CalOES); Program Title: Homeland Security Grant Program; Federal CFDA Number: 97.067. R.7 PARTIES agree to each of the following Exhibits: (a) Exhibit A — FY 2013 Budget Worksheet (b) Exhibit B — FY 2013 Grant Assurances as set forth by the CalOES (c) Exhibit C — FY 2013 OPSG Operations Order (d) Exhibit D - FY 2013 Homeland Security Grant Program Funding Opportunity Announcement (FOA), which can be referenced at http://www.fema.gov/media- library-data/20130726-1916-25045-6176/fy 2013 hsgp foa.pdf (e) Exhibit E — FY 2013 The Operation Stonegarden Grant Program State Supplemental Guidance ("Guide"), which can be referenced at http://www.calema.ca. gov/EMS-HS-HazMat/Pages/Operation-Stonegarden- Program-Documents. aspx (f) Exhibit F — 44 CFR Part 13— Uniform Administrative Requirements For Grants And Cooperative Agreements To State And Local Governments ("44 CFR Part 13") NOW THEREFORE, for consideration, the receipt and sufficiency of which is hereby acknowledged, PARTIES jointly intend that COUNTY through SHERIFF will reimburse, and PARTIES will provide, a level of OPSG services, as set forth in this Agreement. AGREEMENT 1. Purpose And Intent The purpose of this Agreement is to satisfy the OPSG proposal submitted to and awarded by the U.S. Department of Homeland Security passed through the California Emergency Management Agency, under the Operation Stonegarden Grant. 2. SCOPE OF SERVICES 2.1 Method of Service Delivery 2 SHERIFF will maintain the OPSG grant and will be administratively responsible for coordination of PARTIES' obligations under this Agreement. The SHERIFF'S OPSG program will be staffed as described in section 4. Standards of Service: Obligations of the PARTIES. 2.2 Overview Of Basic Services PARTIES will provide OPSG activities ("Activities") by increasing law enforcement presence in their designated areas of jurisdiction and in coordination with other OPSG partner agencies in order to support the U. S. Department of Homeland Security, Bureau of Customs and Border Protection efforts in the region to improve border security. The PARTIES will enforce local and state laws and will not enforce immigration laws on behalf of Customs and Border Protection/Border Patrol. 3. TERM OF AGREEMENT 3.1 Initial Term The term of this Agreement shall be retroactive to 12:01 a.m. on September 1, 2013, and shall continue in effect through and terminate at midnight on May 31, 2015; subject to the termination provision in section 3.2. 3.2 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 OPSG 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 support the U. S. Department of Homeland Security, Bureau of Customs and Border Protection efforts in the region to improve border security and reduce border related crime. The anticipated outcome will be reached by achieving the goals and accomplishing the missions set forth below by the PARTIES and in Exhibit C — FY XXXX OPSG Operations Order for the applicable grant year, to this Agreement. 4.1.1 PARTIES will provide enhanced enforcement by increasing patrol presence in proximity to the border and/or routes of ingress from the border, including the water borders. 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: 4.1.2.1 Conduct bi-monthly meetings with a minimum of one representative from each PARTY. 4.1.2.2 Increase information sharing during operations. 3 4.1.3 Prior to OPSG Operations, PARTIES Designated Coordinator, as outlined in Section 4.2.3, should submit an Operations Plan to the Integrated Planning Team (IPT) at least 72 hours prior to the operation. The IPT is comprised of the SHERIFF and US Border Patrol sworn grant representatives. The role of the IPT is to work together to provide support and guidance to the local, state and federal law enforcement stakeholders within the grant. The Operations Plan is to be submitted via email to the current IPT point of contact and to SDCOPSG2008@cbp.dhs.gov. 4.1.4 At the conclusion of each shift (Operation) funded by OPSG, state/local law enforcement officers in each agency will complete a Daily Activity Report (DAR). The DAR will be submitted via email to Customs and Border Protection Sector Headquarters at: SDCOPSG2008@cbp.dhs.gov and SHERIFF at: stonegarden@sdsheriff.org. The work week for OPSG is Wednesday — Tuesday. 4.1.5 At the conclusion of each shift (Operation) funded by OPSG, the Operations Coordinator will email all backup source documents (e.g. arrest reports, citations, field interviews, etc.) to SDCOPSG2008@cbp.dhs.gov for review. 4.1.6 Each partner agency will send their weekly/bi-weekly/monthly OPSG schedule (whichever applies), utilizing the appropriate format, to the current IPT point of contact and to SDCOPSG2008(a,cbp.dhs.gov as it becomes available. All schedules will be compiled and sent to the Law Enforcement Coordination Center (LECC). 4.2 Personnel Qualifications And Assignment 4.2.1 Oualifications 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 OPSG 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, at the rank of Sheriffs Lieutenant, who shall manage and direct the OPSG program. Each other PARTY shall select 4 and designate a Coordinator for their respective agency under this Agreement. The Designated Coordinators for each PARTY shall serve as their agency contact and shall implement, as 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 OPSG 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 COUNTY through SHERFF will provide SHERIFF OPSG personnel with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment necessary to perform OPSG Activities. Similarly, County Participating Agency and all Non - County PARTIES will provide their respective OPSG personnel with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment necessary to perform OPSG Activities unless otherwise specified in Exhibit C. PARTIES are responsible for the procurement of their own equipment to be used in OPSG Operations. PARTIES will maintain an inventory list of all equipment purchased with OPSG funds and when practicable, the equipment shall be prominently labeled as follows: "Purchased with funds provided by the U.S. Department of Homeland Security" per federal guidelines. 5. COST OF SERVICES/CONSIDERATION 5.1 General 5.1.1 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 OPSG Activities on the basis of claims and submittals as set forth hereunder. Such payments by COUNTY through SHERIFF are dependent on the continued availability of funds from the U.S. Department of Homeland Security (DHS) passed through the California Governor's Office of Emergency Services (Ca1OES). 5.1.2 PARTIES agree that awarded funds, identified as allowable costs, as set forth in Exhibit D shall be expended only for Activities, operating expenses, and equipment as detailed in Exhibit A — FY XXXX Budget Worksheet for the applicable grant year and that unallowable costs are not reimbursable as set forth in Exhibit D. 5.1.3 No reimbursement shall be made to a PARTY during any period of time within which that PARTY is in default on filing any informational or financial reports required by the COUNTY through SHERIFF. SHERIFF shall make any necessary adjustments to PARTY claims to correct for previous overpayment and disallowances or underpayments. 5.2 Project Costs/Rate of Compensation 5 COUNTY through SHERIFF shall reimburse PARTIES for overtime worked by personnel assigned to perform OPSG Activities and shall reimburse for equipment and vehicle purchases, equipment and vehicle maintenance, flight costs, fuel, and mileage based upon available funding and the actual costs incurred by PARTIES to provide Activities, purchase and maintain equipment and vehicles, flight costs, fuel, and mileage, under this Agreement, provided the costs were included in the approved Operations Order. 5.3 Method of Payment PARTIES shall submit correct and complete reimbursement forms, labor reports, timesheets, corresponding Daily Activity Reports, equipment invoices and purchase orders as documentation that represents amounts to be reimbursed under this Agreement to SHERIFF within 90 days from the date expenditure was incurred. All requests for reimbursement shall be sent to: San Diego County Sheriff's Department, Grants Unit, Ref: OPSG, P. O. Box 939062, San Diego, CA 92193. 5.3.1 Reimbursement forms and invoices must have the signature of PARTY's Authorized Agent, 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. 5.4 Reimbursement Disallowances PARTIES who do not comply with the procedures set forth in Section 5.3 are at risk of having any incurred expenditures disallowed for reimbursement by SHERIFF. If a PARTY fails to submit claims for reimbursement within the provided time period for reimbursement, they will be formally notified by SHERIFF that the claims are past due and any funds allocated to that PARTY for the time period can be redistributed among other participating agencies. 6. PROGRAM/FINANCIAL ADMINISTRATION 6.1 PARTIES shall use Exhibit D and E for the applicable grant year developed by the DHS and Ca1OES, and Exhibit F — 44 CFR Part 13, as the primary reference and day-to-day management tool in all programmatic, financial, and grant administration matters. The Guide, FOA and 44 CFR Part 13 shall be used in conjunction with the provision of the CFRs (Code of 6 Federal Regulations) and OMB (Office of Management and Budget) Circulars, G&T (Grants & Training) information bulletins, and Ca1OES policy, regulations, and statutes. 6.1.1 Contract Provisions PARTIES shall ensure that ALL contracts are adhering to the 13 required provisions found in Exhibit F - 44 CFR, Part 13, Subpart C, Section 13.36 (i). Reimbursement claims associated with contracts that are found to be in non-compliance with the required 13 provisions will be denied. 6.1.2 Sole Source Purchases PARTIES must request and receive prior approval from CalOES, through SHERIFF, for any sole source procurement of goods or services per 44 CFR Section 13.36. 7. INDEMNIFICATION RELATED TO WORKERS COMPENSATION, EMPLOYMENT AND CLAIMS AND LIABILITY ISSUES 7.1 Workers Compensation And Employment 7.1.2 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. 7.1.2 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. 7.2 Indemnification Related To Acts Or Omissions; Negligence 7.2.1 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 7 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. 7.2.2 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 7.2.4 below. 7.2.3 Joint Defense Notwithstanding paragraph 7.2.2 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. 7.2.4 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. 8. GENERAL PROVISIONS 8.1 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 8 Chief Probation Officer Probation Department 9444 Balboa Avenue, Ste. 500 San Diego, CA 92123 Chief of Police Chula Vista Police Department 315 Fourth Avenue Chula Vista, CA 91910 Chief of Police Coronado Police Department 700 Orange Avenue Coronado, CA 92118 Chief of Police Escondido Police Department 1163 North Centre City Parkway Escondido, CA 92026 Chief of Police National City Department 1200 National City Blvd National City, CA 91950 Chief of Police San Diego Police Department 1401 Broadway, San Diego, CA 92101 Chief of Police Public Safety / Police Department San Diego State University 5500 Campanile Drive San Diego, CA 92182-4390 Chief of Police University of California San Diego 9500 Gilman Drive #0017 La Jolla, CA 92093 Sheriff Orange County Sheriffs Department 550 N. Flower Street Santa Ana, CA 92703 Sheriff Ventura County Sheriffs Office 800 South Victoria Avenue Ventura, CA 93009 Chief of Police El Cajon Police Department 100 Civic Center Way El Cajon, CA 92020-3916 Chief of Police La Mesa Police Department 8085 University Ave La Mesa, CA 91942 Chief of Police Oceanside Police Department 3855 Mission Ave Oceanside, CA 92058 Chief of Harbor Police San Diego Harbor Police Department 3380 N. Harbor Dr. San Diego, CA 92101 Sheriff San Luis Obispo County Sheriffs Office 1585 Kansas Avenue San Luis Obispo, CA 93405 Sheriff Los Angeles County Sheriffs Department Special Enforcement Bureau 1060 N. Eastern Ave. Los Angeles, CA 90063 Sheriff Santa Barbara County Sheriffs Office 4434 Calle Real Santa Barbara, CA 93110 Chief of Enforcement California Department of Fish and Wildlife 1416 9t Street, Room 1326 Sacramento, CA 95829 9 Chief California Depai talent of Parks and Recreation 1 416 9th Street Sacramento, CA 95814 Chief California. Highway Patrol 9330 Farnham St. San Diego, CA 92123 Chief of Investigations Division California Department of Motor Vehicles 2120 Broadway, Sacramento CA 95818 Chief - Office of Correctional Safety California Department of Corrections, and Rehabilitation 1515 S Street, Room 201-North Sacramento, CA 95811 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. 8.2 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. 8.3 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. 8.4 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 not be used to construe, interpret, expand, or limit the terms of the Agreement and shall not be construed against any one party. 8.5 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. 8.6 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 10 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. 8.7 Cooperation COUNTY through SHERIFF and Non -County PARTIES will cooperate in good faith to implement this Agreement. 8.8 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 constituteone and the same instrument. 8.9 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 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. hi all other cases, the remainder of this Agreement shall be severable and shall continue in full force and effect. 8.10 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. 8.11 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. 8.12 Termination of Funding In the event that funding for reimbursement of costs related to OPSG Activities is terminated by the DHS, this Agreement in its entirety shall be considered null and void and COUNTY through SHERIFF and PARTIES shall no longer be required to provide OPSG 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 OPSG Activities through alternate means. 8.13 Obligation This Agreement shall be binding upon the successors of the PARTIES. 8.14 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. 11 IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on this day of , 2014. COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT William D. Gore Sheriff CARLSBAD POLICE DEPARTMENT Gary Morrison Chief CORONADO POLICE DEPARTMENT Jon Froomin Chief ESCONDIDO POLICE DEPARTMENT Craig Carter Chief NATIONAL CITY POLICE DEPARTMENT Manuel Rodriguez Chief COUNTY OF SAN DIEGO PROBATION DEPARTMENT Mack Jenkins Chief CHULA VISTA POLICE DEPARTMENT David Bejarano Chief EL CAJON POLICE DEPARTMENT Jim Redman Chief LA MESA POLICE POLICE DEPARTMENT Ed Aceves Chief OCEANSIDE POLICE DEPARTMENT Frank McCoy Chief 12 SAN DIEGO POLICE DEPARTMENT William Lansdowne Chief SAN DIEGO HARBOR POLICE DEPARTMENT John Bolduc Chief UNIVERSITY OF CALIFORNIA SAN DIEGO POLICE DEPARTMENT Orville King Chief ORANGE COUNTY SHERIFF'S DEPARTMENT Sandra Hutchens Sheriff SANTA BARBARA COUNTY SHERIFF'S OFFICE Bill Brown Sheriff -Coroner CALIFORNIA HIGHWAY PATROL CITY OF SAN DIEGO Mayor Todd Gloria (Interim) or Designee SAN DIEGO STATE UNIVERSITY POLICE DEPARTMENT John Browning Chief LOS ANGELES COUNTY SHERIFF'S DEPARTMENT Sheriff SAN LUIS OBISPO COUNTY SHERIFF'S OFFICE Ian Parkinson Sheriff VENTURA COUNTY SHERIFF'S OFFICE Geoff Dean Sheriff CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE Jim Abele Lisa Gallegos Chief, Border Division Chief, Business Management Branch 13 CALIFORNIA DEPARTMENT OF CALIFORNIA DEPARTMENT CORRECTIONS & REHABILITATION OF MOTOR VEHICLES Anthony Chaus Frank Alvarez Chief- Office of Correctional Safety Chief, Investigations CALIFORNIA DEPARTMENT OF PARKS AND RECREATION Clay Phillips (A) District Superintendent Approved as to form and legality: SAN DIEGO COUNTY COUNSEL Dana L. Begley Senior Deputy Approved as to form and legality: ORANGE COUNTY COUNSEL Nicole A. Sims Senior Deputy 14 Approved as to form and legality: JAN GOLDSMITH, CITY ATTY., CITY OF SAN DIEGO Linda L. Peter Deputy City Attorney EXHIBIT E 1. FEDERAL REGULATIONS. When using federal funds, the County of San Diego shall comply with the following provisions, pursuant to 44 C.F.R. 13.36, subd. (i): (1) Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. (Contracts more than the simplified acquisition threshold) (2) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $ 10,000) (3) Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $ 10,000 by grantees and their contractors or subgrantees) (4) Compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). (All contracts and subgrants for construction or repair) (5) Compliance with the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts in excess of $ 2000 awarded by grantees and subgrantees when required by Federal grant program legislation) (6) Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts awarded by grantees and subgrantees in excess of $ 2000, and in excess of $ 2500 for other contracts which involve the employment of mechanics or laborers) (7) Notice of awarding agency requirements and regulations pertaining to reporting. (8) Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. (9) Awarding agency requirements and regulations pertaining to copyrights and rights in data. (10) Access by the grantee, the subgrantee, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. (11) Retention of all required records for three years after grantees or subgrantees make final payments and all other pending matters are closed. (12) Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $ 100,000) (13) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). The above provisions can be referenced at: http://www.calema.ca.gov/GrantsMonitoring/Documents/CFR%20Regs/44CFRPart13.pdf U.S. Department of Homeland Security Bureau of Customs and Border Protection Operations Order Report Op Order Name: SDC OPSG FY2013 Op Order Annual Op Order Number: 14-SDCSDC-11-004 Version 0 Op Dates: From: 10/1/2013 To: 9/30/2014 Report Date: 12/19/2013 Executive Summary Since the events of September 11th, 2001, the interception of terrorists and terrorist weapons attempting entry across the nation's borders has become the priority mission of U.S. Customs and Border Protection(CBP)/Border Patrol. A combination of intelligence driven operations, deterrence -based deployment, border infrastructure development, technology and agent resources are utilized to address the incursion threat of terrorists as well as smugglers of undocumented aliens and contraband. Historically, San Diego County has been a highly favored operational area for alien and drug smuggling organizations. The close proximity of Tijuana, Mexico to San Diego, population density, significant coastline, and extensive transportation networks leading to the interior immediately north of the border make San Diego a consistently lucrative target. Border -related crime represents an all -threat environment in that the primary criminal activity (drug/human smuggling) often results in cross -border criminal organizations and individuals undertaking secondary and frequently, tertiary criminal activities that involve a wider range of crimes (kidnappings, assaults, murders, money laundering, cross -border weapons trafficking, etc.). These criminal activities, when undertaken in the U.S., constitute a threat to domestic security, subsequently triggering involvement by state and local law enforcement. Law enforcement partnerships between federal, state, and local entities are critical to improving operational control of the border. Grant funding via Operation Stonegarden (OPSG) will be utilized by local units of government to target border -related crime. Utilizing an all -threats approach in collaboration with CBP/Border Patrol, state and local law enforcement agencies will exercise their unique jurisdictional capabilities in order to collaboratively address border security issues. I. SITUATION A. General Situation: Presently, San Diego County's (San Diego Sector) approximate sixty miles of international border has effective level of security that is commensurate with known and identified risks associated with criminal organizations. The incidence of border violence associated with competing drug cartels in the Tijuana/Tecate areas has continued and still has great potential to spread into the United States. Frequent assaults against Border Patrol Agents are a common diversionary tactic utilized by smuggling organizations to further their criminal activity. During a particularly volatile situation on July 23, 2009, Border Patrol Agent Robert Rosas was murdered in close proximity to the border fence while responding to alien traffic in the Campo Station AOR. As security of the border is established and/or expanded within key target zones, criminal Page 1 of 34 organizations resort to increasingly elaborate smuggling methods such as sophisticated cross - border tunnels, watercraft in the maritime environment, and ultra -light aircraft. C3 (California Corridor Campaign), the San Diego Sector's FY 2013 enforcement strategy, will address specific threats posed by such organizations and aggressively integrate OPSG assets to reduce violent crime along the border, increase border security, and improve the quality of life within affected communities throughout the San Diego operational AOR. As the Maritime Threat continues to increase in San Diego's AOR it has been necessary to move funds up along the coast to address emerging maritime Panga smuggling events in Ventura, Santa Barbara and San Luis Obisbo counties. Since its inception, the intent of OPSG has been to enhance law enforcement preparedness and operational readiness along the nation's borders. The Department of Homeland Security Appropriations Act 2010 (PL 111-83), via the Homeland Security Grant Program, allocated $55 million for use by local units of government to increase coordination and enforcement capabilities in support of Department of Homeland Security (DHS) goals including those outlined in the Border Patrol National Strategy. San Diego County received $6,660,699 which will be utilized for OPSG enforcement efforts throughout FY 2013. B. Terrain/Weather: San Diego County's western corridor is one of the most densely populated areas in the United States. The corridor includes the cities of San Diego, Imperial Beach, Chula Vista, Coronado, Encinitas, Carlsbad, and Oceanside. The County's central corridor is comprised primarily of a blend of sparsely populated remote and rural wilderness areas. The eastern corridor consists of rural mountain and ranching enclaves with populations ranging from a few hundred up to several thousand. Terrain features within the County include beaches, estuaries, coastal plains, steep canyons and ravines, high desert, and mountains over six thousand feet in elevation. There are numerous environmentally sensitive and protected areas in the County, including the Otay Mountain Wilderness Area and Tijuana Estuary. Dense, low lying brush and scrub trees cover much of the rural terrain throughout. Weather conditions vary greatly throughout the County. The western corridor generally maintains year round mild temperatures that average 50 to 80 degrees. The central and eastern corridors can experience extremes in temperatures ranging from subfreezing to well over 100 degrees. San Diego County experiences an average annual rainfall of 16 inches. Eastern portions of the County can experience occasional snowfall and high winds. In addition, the western portion of the County experiences frequent coastal eddies (a combination of low clouds and fog), which extend several miles inland. Wildfires are a very real and persistent threat throughout the County. The fire season extends from May through November. Historically, wildfires have resulted in the devastating loss of life and property. The combination of climatic extremes, rugged terrain, dense urban corridors, and protected environmental areas presents a complex challenge to conducting daily operations. As such, enforcement entities operating within the counties utilize considerable ingenuity and flexibility in order to achieve their missions. Page 2 of 34 Los Angeles and Orange Counties represent a rugged coastline along with weather patterns that are much like that of San Diego County. Los Angeles County includes the Islands of Catalina and San Clemente. These islands are remote and desolate and represent an area of great concern for the San Diego Sector. California State Parks and the California Highway Patrol are working together in remote areas in Santa Barbara, Ventura and San Luis Obispo Counties with the Sheriffs Offices in each of those counties, as the Maritime threat continues to move north along the California Coast. C. Criminal Element: Alien and drug smuggling organizations continue to pose significant threats throughout the area. These organizations have become increasingly sophisticated and use counter surveillance, diversionary tactics, night vision devices, and secure communications while conducting operations. Trans -border kidnappings, extortion, murder, and intimidation are common results of cartel competition for lucrative territory. Debriefings of aliens and foot guides, examination of pocket trash, and officer observations indicate substantial intelligence gathering efforts against law enforcement operations by area criminal organizations. Smugglers frequently utilize dangerous tactics in order to further their cargo into the United States. Among these are failures to yield when vehicle or checkpoint stops are initiated, abandonment of the smuggling vehicle by the driver while it is still in motion, wrong -way driving on freeways north through the Mexican Port of Entry into the southbound lanes of Interstate 5, and the overloading of boats with human cargo. The abandonment of individuals or entire groups by their guides in remote, inhospitable environments is not uncommon and has resulted in a significant number of deaths. Smuggling organizations using these, and other tactics, have been historically responsible for several assaults on Border Patrol Agents and local law enforcement officers. D. Friendly Forces: U.S. Customs and Border Protection/Border Patrol CBP Air and Marine CBP Field Operations U.S. Coast Guard Immigration and Customs Enforcement San Diego County Sheriff's Department San Diego County Probation Department San Diego Police Department San Diego Harbor Police San Diego State University Police Department Carlsbad Police Department Chula Vista Police Department Coronado Police Department El Cajon Police Department Escondido Police Department La Mesa Police Department National City Police Department Oceanside Police Department Los Angeles County Sheriffs Department Page 3 of 34 Orange County Sheriffs Department Santa Barbara County Sheriffs Department San Luis Obispo County Sheriffs Department Ventura County Sheriffs Department California Department of Motor Vehicles California Department of Fish and Wildlife California Highway Patrol California Department of Parks and Recreation California Department of Corrections and Rehabilitation, Office of Correctional Safety University of California Police Department II. MISSION Department of Homeland Security, CBP/Border Patrol, state, and local law enforcement agencies operating in San Diego, Orange, Los Angeles, Ventura, Santa Barbara, and San Luis Obispo Counties will collaborate to raise border security by: • Disrupting and degrading targeted transnational criminal organizations (TCO's) • Enhancing land/coastal border detection and interdiction capabilities • Expanding formal communication, intelligence protocols, and nontraditional intelligence/fusion opportunities • Targeting criminal transportation cells III. EXECUTION A. Management/Supervisor Intent: Participating OPSG law enforcement agencies will enforce local/state laws within their jurisdiction and will not enforce immigration laws (Title 8 USC) on behalf of CBP/Border Patrol. Each participating agency will conduct enforcement activities that have a nexus and contribute to border security as described in the "Specific Responsibilities" section of this plan. B. General Concept: OPSG operational activities will emphasize those measures that increase border security in direct collaboration with CBP/Border Patrol. Participating agencies will utilize their unique areas of expertise and jurisdictional authority to patrol targeted areas within the county and participate in special operations targeting border nexus crime. Border security threat and operational hours/activities will be determined jointly throughout the quarter(s) between the San Diego Sector unified command staff and the OPSG Integrated Planning Team (IPT). Maritime -specific operations will be coordinated jointly with the Regional Coordinating Mechanism (RECOM). This operational concept does not result in a change or extension of Federal authority to state or local law enforcement agencies to enforce Federal immigration laws (Title 8 USC). It is anticipated however, that increased enforcement activities under OPSG will significantly impact the ability of criminal organizations to operate within the greater San Diego, Orange, Los Angeles, Ventura, Santa Barbara, and San Luis Obispo County areas to reduce the threat of border incursions. Participating agencies will utilize OPSG funding for overtime, fuel, mileage, vehicle maintenance, and equipment in order to support enforcement operations as identified in Page 4 of 34 the quarterly OPSG Operational Plan(s). If Federal immigration violations are encountered, state and local agencies may refer those violations to the Border Patrol for appropriate action consistent with current policies and practices. This plan is subject to approval by the Chief Patrol Agent -San Diego Sector and the Office of Border Patrol prior to release of OPSG funds. C. Specific Responsibilities: 1. San Diego County Sheriffs Department (SDSD) Objective: Raise the level of border security and reduce the threat of border -related crime by increasing law enforcement presence and special operations in rural and coastal areas, communities, and routes of egress throughout the Sector AOR. SDSD will not enforce Title 8 (US Immigration law). SDSD will enforce state law and local ordinances against violators in target areas to help reduce criminal activity associated with transnational criminal organizations. SDSD will utilize OPSG funding for overtime, fuel, mileage, vehicle maintenance, and equipment in order to support operations as follows: Imperial Beach- • Patrols (days and times of shift to be determined during weekly RECOM meetings) in the vicinity of Seacoast Dr, Border Field State Park and adjacent beach areas. Deputies will coordinate efforts and provide coastal observation for maritime enforcement assets patrolling the immediate coastline. • Coordinated intelligence based criminal interdiction operations once per month in the Imperial Beach and South San Diego areas. Chula Vista- • Patrols in the vicinity of Otay Lakes Road from Wueste Road to Highway 94 and/or Alta Road to Otay Mesa Road. • Multiple special operations as necessary including: traffic enforcement in the vicinity of Donovan and George Bailey Detention Facilities, off -road vehicle enforcement on Otay Mesa, joint bandit interdiction operations on Otay Mountain, and joint narcotic interdiction in Otay Valley. Brown Field/El Cajon- • Border egress patrols in the vicinity of Highway 94 from Barrett Lake Road to Forest Gate Road and adjacent communities. Special emphasis on State Route 188 and Tecate. Campo/Boulevard- • Border egress patrols in the vicinity of Hwy 94 from Campo to Jacumba and intersecting routes north to Interstate 8, to include Pine Valley and Border Patrol 1-8/Old Hwy 80 westbound checkpoints. San Clemente- • Maritime interdiction/coastal observation and patrols at or near beach communities from San Clemente north (days and times of shift to be determined during bi-weekly RECOM meetings). Page 5 of 34 Sector -wide -Special Ops • SDSD, Sector and Station Special Operations Groups and Intelligence Units in conjunction with OPSG Partners and Task Forces will conduct intelligence -based operations within the San Diego Sector during the time period outlined during the Border Patrol weekly Unified Command meetings, along with the RECOM and OPSG Integrated Planning Team. • SDSD dispatchers and/or Lieutenant -field operations may be utilized to support high visibility enforcement actions when multiple stakeholders and/or multiple SDSD units are engaged and/or while working under the ICS system. • Conduct ASTREA flight operations in support of SDSD/OPSG stakeholders. All OPSG air operations will de -conflict with CBP Air San Diego and notify the San Diego Sector Communications Center (619) 498-9900 prior to flight. SDSD may conduct intelligence -driven operations as necessary in collaboration with the OPSG IPT. Operations described above may be modified in order to facilitate additional enforcement efforts within allocated quarterly funds. 2. San Diego County Probation Department Objective: Raise the level of border security by identifying and initiating prosecution proceedings for apprehended aliens and border crime -related criminals in violation of probation. Probation Officers will conduct fourth waiver searches of probationers located within the designated targeted areas to ensure compliance with court orders. Probation Officers will not enforce Title 8 (US Immigration law). Probation Officers will enforce state law against criminal violators in target areas. San Diego County Probation will utilize OPSG funding for overtime, fuel, mileage, and vehicle maintenance in order to support operations as follows: • Probation Officers will perform fourth waiver searches county -wide for individuals with a history of border nexus related crime. In addition, Officers will develop intelligence - based target lists for field operations within OPSG boundaries. Probation Officers will generate focus reports for probationer's specific to OPSG, respond to after -hour calls in the field requesting re -arrest authorizations, or as operations dictate. San Diego County Probation Department may conduct intelligence -driven operations as necessary in collaboration with the OPSG IPT. Operations described above may be modified in order to facilitate additional enforcement efforts within allocated quarterly funds. 3. San Diego Police Department (SDPD) Objective: Raise the level of border security and reduce the threat of border -related crime by increasing law enforcement presence and special operations in urban and coastal areas, communities, and routes of egress related to the border in the Imperial Beach and Chula Vista Station AORs. Page 6 of 34 SDPD will not enforce Title 8 (US Immigration law). SDPD will enforce state law and local ordinances against violators in the target area to help reduce criminal activity associated with transnational criminal organizations. SDPD will utilize OPSG-S funding for overtime, fuel, mileage, vehicle/vessel maintenance, and equipment in order to support operations as follows: • Conduct patrols utilizing boats, bicycles, ATVs, 4x4 vehicles and/or patrol cars in and around Mission Bay boat launching ramps and docks and adjacent beach areas. • Conduct high visibility intelligence -based criminal interdiction operations targeting transnational criminal activity within the city limits of San Diego and known smuggling corridors. • Conduct ABLE flight operations in support of OPSG operations. Each operation will consist of one aircraft, a pilot, and an observer. All OPSG air operations will de -conflict with CBP Air San Diego and notify the San Diego Sector Communications Center (619) 498-9900 prior to flight. SDPD may conduct intelligence -driven operations as necessary in collaboration with the OPSG IPT. Operations described above may be modified in order to facilitate additional enforcement efforts within allocated quarterly funds. 4. San Diego Harbor Police (SDHP) Objective: Increase security for California coastline and deny marine egress routes to smuggling organizations operating in the maritime environment. SDHP will not enforce Title 8 (US Immigration law). SDHP will enforce state law and local ordinances against violators in target areas to help reduce criminal activity associated with transnational criminal organizations. SDHP will utilize OPSG funding for overtime, fuel, mileage, vehicle/vessel maintenance, and equipment in order to support operations as follows: • Patrol coastal waters and/or tidelands on the California coastline. • Conduct boat ramp/marina patrol in the San Diego Sector AOR. SDHP may conduct intelligence -driven operations as necessary in collaboration with the OPSG IPT. Operations described above may be modified in order to facilitate additional enforcement efforts within allocated quarterly funds. 5. San Diego State University Police Department (SDSUPD) Objective: Raise the level of border security and reduce the threat of border -related crime by increasing law enforcement presence and special operations in the SDSUPD AOR. SDSUPD will not enforce Title 8 (US Immigration law). SDSUPD will enforce state law and local ordinances against violators in the target area to help reduce criminal activity associated with transnational criminal organizations. SDSUPD will utilize OPSG funding for overtime, fuel, mileage, vehicle/vessel maintenance, and equipment in order to support operations as follows: • Conduct interdiction operations on trolleys and routes of egress from the border Page7of34 SDSUPD may conduct intelligence -driven operations as necessary in collaboration with the OPSG IPT. Operations described above may be modified in order to facilitate additional enforcement efforts within allocated quarterly funds. 6. Carlsbad Police Department Objective: Increase security for immediate coastline and deny marine egress routes to smuggling organizations operating in the maritime environment within the San Clemente Station AOR. Carlsbad PD will not enforce Title 8 (US Immigration law). Carlsbad PD will enforce state law and local ordinances against violators in target areas to help reduce criminal activity associated with transnational criminal organizations. Carlsbad PD will utilize OPSG-S funding for overtime, fuel, mileage, vehicle maintenance, and equipment in order to support operations as follows: Conduct weekly patrol operations with a focus on transnational criminal activity within the San Diego Sector AOR. • Conduct interdiction operations on coastline roadways and routes of egress from the border. Carlsbad PD may conduct intelligence -driven operations as necessary in collaboration with the OPSG IPT. Operations described above may be modified in order to facilitate additional enforcement efforts within allocated quarterly funds. 7. Chula Vista Police Department (CVPD) Objective: Raise the level of border security and reduce the threat of border -related crime by increasing law enforcement presence and special operations in communities and routes of egress adjacent to the border in the San Diego Sector AOR. CVPD will not enforce Title 8 (US Immigration law). CVPD will enforce state law and local ordinances against violators in the target area to help reduce criminal activity associated with transnational criminal organizations. CVPD will utilize OPSG funding for overtime, fuel, mileage, vehicle maintenance, and equipment in order to support operations as follows: • Border egress patrols in the vicinity of the eastern and southern boundaries of the City of Chula Vista to include Otay Lakes Road, Wueste Road, Proctor Valley Rd, Hunte Parkway, Birch Road and Main Street. • Intelligence -driven and storm drain surveillance and interdiction throughout the city's southern and eastern boundaries. • Conduct high visibility intelligence -based criminal interdiction operations targeting drug trafficking organizations within the city limits of Chula Vista, Marinas, and known smuggling corridors. • Conduct weekly patrol operations with a focus on transnational criminal activity within the San Diego Sector AOR. • Conduct interdiction operations on coastline roads and routes of egress from the border. Page 8 of 34 CVPD may conduct intelligence -driven operations as necessary in collaboration with the OPSG IPT. Operations described above may be modified in order to facilitate additional enforcement efforts within allocated quarterly funds. 8. Coronado Police Department Objective: Increase security for immediate coastline from Imperial Beach to North Island Naval Air Station and deny marine egress routes to smuggling organizations operating in the maritime environment within the Imperial Beach Station AOR. Coronado PD will not enforce Title 8 (US Immigration law). Coronado PD will enforce state law and local ordinances against violators in the target area to help reduce criminal activity associated with transnational criminal organizations. Coronado PD will utilize OPSG-S funding for overtime, fuel, mileage, vehicle maintenance, and equipment in order to support operations as follows: • Coastal patrols with special emphasis on the Silver Strand and beach areas in and adjacent to Coronado. • Conduct weekly patrol operations with a focus on transnational criminal activity within the San Diego Sector AOR. • Conduct interdiction operations on coastline roads and routes of egress from the border. Coronado PD may conduct intelligence -driven operations as necessary in collaboration with the OPSG IPT. Operations described above may be modified in order to facilitate additional enforcement efforts within allocated quarterly funds. 9. El Cajon Police Department (ECPD) Objective: Raise the level of border security and reduce the threat of trans -national crime by increasing law enforcement presence and special operations in communities and border routes of egress in the El Cajon Station AOR. ECPD will not enforce Title 8 (US Immigration law). ECPD will enforce state law and local ordinances against violators in the target area to help reduce criminal activity associated with transnational criminal organizations. ECPD will utilize OPSG funding for overtime, fuel, mileage, vehicle maintenance, and equipment in order to support operations as follows: • Conduct high visibility intelligence -based criminal interdiction operations targeting transnational criminal organization activity within the city limits of El Cajon and known smuggling corridors. • Conduct weekly patrol operations with a focus on transnational criminal activity within the San Diego Sector AOR. • One communications dispatcher one day per month in support of OPSG operations. ECPD may conduct intelligence -driven operations as necessary in collaboration with the OPSG IPT. Operations described above may be modified in order to facilitate additional enforcement efforts within allocated quarterly funds. Page 9 of 34 10. Escondido Police Department (EPD) Objective: Raise the level of border security and reduce the threat of trans -national crime by increasing law enforcement presence and special operations in communities and border routes of egress in the Murrieta Station AOR. EPD will not enforce Title 8 (US Immigration law). EPD will enforce state law and local ordinances against violators in the target area to help reduce criminal activity associated with transnational criminal organizations. EPD will utilize OPSG funding for overtime, fuel, mileage, vehicle maintenance, and equipment in order to support operations as follows: • Conduct operations targeting criminal alien gang members and border security nexus crime. Conduct weekly patrol operations with a focus on transnational criminal activity within the San Diego Sector AOR. • Conduct interdiction operations on coastline roadways and routes of egress from the border. EPD may conduct intelligence -driven operations as necessary in collaboration with the OPSG IPT. Operations described above may be modified in order to facilitate additional enforcement efforts within allocated quarterly funds. 11. La Mesa Police Department (LMPD) Objective: Raise the level of border security and reduce the threat of trans -national crime by increasing law enforcement presence and special operations in communities and border routes of egress in the Brown Field Station AOR. LMPD will not enforce Title 8 (US Immigration law). LMPD will enforce state law and local ordinances against violators in the target area to help reduce criminal activity associated with transnational criminal organizations. LMPD will utilize OPSG funding for overtime, fuel, mileage, vehicle maintenance, and equipment in order to support operations as follows: Conduct weekly patrol operations with a focus on transnational criminal activity within the San Diego Sector AOR. Conduct interdiction operations on coastline roadways and routes of egress from the border. LMPD may conduct intelligence -driven operations as necessary in collaboration with the OPSG IPT. Operations described above may be modified in order to facilitate additional enforcement efforts within allocated quarterly funds. 12. National City Police Department (NCPD) Objective: Raise the level of border security and reduce the threat of trans -national crime by increasing law enforcement presence and special operations in communities and border routes of egress in the Imperial Beach Station AOR. Page 10 of 34 NCPD will not enforce Title 8 (US Immigration law). NCPD will enforce state law and local ordinances against violators in the target area to help reduce criminal activity associated with transnational criminal organizations. NCPD will utilize OPSG funding for overtime, fuel, mileage, vehicle maintenance, and equipment in order to support operations as follows: • Conduct patrols in and around National City Marina/Boat ramps. • Conduct weekly patrol operations with a focus on transnational criminal activity within the San Diego Sector AOR. • Conduct interdiction operations on coastline roadways, harbors/marinas, and routes of egress from the border. NCPD may conduct intelligence -driven operations as necessary in collaboration with the OPSG IPT. Operations described above may be modified in order to facilitate additional enforcement efforts within allocated quarterly funds. 13. Oceanside Police Department (OPD) Objective: Increase security for immediate coastline from Mission Bay to Orange County Line and deny marine egress routes to smuggling organizations operating in the maritime environment within the San Clemente Station AOR. OPD will not enforce Title 8 (US Immigration law). OPD will enforce state law and local ordinances against violators in target areas to help reduce criminal activity associated with transnational criminal organizations. OPD will utilize OPSG-S funding for overtime, fuel, mileage, vehicle/vessel maintenance, and equipment in order to support operations as follows: • Patrol coastal waters and Oceanside Harbor. • In support of above operations, conduct landside patrols in the vicinity of Coast Highway in the City of Oceanside providing coastal observation, prevention, and interdiction of maritime incursions. • Conduct interdiction operations on coastline roadways, harbors/marinas, and routes of egress from the border. OPD may conduct intelligence -driven operations as necessary in collaboration with the OPSG IPT. Operations described above may be modified in order to facilitate additional enforcement efforts within allocated quarterly funds. 14. Los Angeles County Sheriffs Department (LASD) Objective: Raise the level of border security and reduce the threat of border -related crime by increasing law enforcement presence and special operations in rural and coastal areas, communities, and routes of egress throughout the Sector/San Clemente Station AOR. LASD will not enforce Title 8 (US Immigration law). LASD will enforce state law and local ordinances against violators in target areas to help reduce criminal activity associated with transnational criminal organizations. LASD will utilize OPSG funding for overtime and equipment in order to support operations as follows: Page 11 of 34 • Air, Land and Sea patrols in the vicinity of San Clemente Island, Catalina Island and adjacent coastal areas within Los Angeles County. Operations and patrols will be determined by the RECOM based on intelligence and analysis provided by the MAC Intelligence Community (MAC IC). • Deputies will coordinate efforts through the RECOM and the Maritime Coordination Center (MCC) and provide coastal observation per MAC IC collection requirements for maritime enforcement assets patrolling the immediate coastline. • Perform coordinated cyclical intelligence based criminal interdiction operations. • LASD dispatchers and/or Lieutenant grade field operations may be utilized to support high visibility enforcement actions when multiple stakeholders and/or multiple LASD units are engaged and/or while working under the ICS system. • All OPSG operations will report to and de -conflict through the MCC in Long Beach, California, prior to deployment. LASD may conduct intelligence -driven operations as necessary in collaboration with the OPSG IPT. Operations described above may be modified in order to facilitate additional enforcement efforts within allocated quarterly funds. 15. Orange County Sheriffs Department (OCSD) Objective: Increase security for immediate coastline from Newport Harbor to Dana Point and deny marine egress routes to smuggling organizations operating in the maritime environment within the San Clemente Station AOR. OCSD will not enforce Title 8 (US Immigration law). OCSD will enforce state law and local ordinances against violators in target areas to help reduce criminal activity associated with transnational criminal organizations. Operating within a Memorandum of Understanding with the SDSD and utilizing OPSG-S funding for overtime, fuel, mileage, vehicle/vessel maintenance, and equipment; OCSD will conduct patrols in order to provide marine law enforcement presence in the County of Orange and coastal waters as follows: • Conduct patrols in and around Newport, Dana Point, and Sunset Harbors. Open ocean patrols will be conducted in coastal waters north to the Los Angeles County border and south to the San Diego County border as intelligence dictates. OCSD marine assets may be utilized farther north or south as required. • Conduct helicopter flight operations in support of OCSD/OPSG stakeholders. • Deputies will coordinate efforts through the RECOM and the Maritime Coordination Center (MCC) and provide coastal observation per MAC IC collection requirements for maritime enforcement assets patrolling the immediate coastline. • Perform coordinated cyclical intelligence based criminal interdiction operations. • All OPSG operations will report to and de -conflict through the MCC in Long Beach California, prior to deployment. OCSD may conduct intelligence -driven operations as necessary in collaboration with the OPSG IPT. Operations described above may be modified in order to facilitate additional enforcement efforts within allocated quarterly funds. Page 12 of 34 16. San Luis Obispo Sheriffs Office (SLOSO) Objective: Increase security for immediate coastline and deny marine egress routes to smuggling organizations operating in the maritime environment within the San Clemente Station AOR. San Luis Obispo PD will not enforce Title 8 (US Immigration law). San Luis Obispo PD will enforce state law and local ordinances against violators in target areas to help reduce criminal activity associated with transnational criminal organizations. San Luis Obispo PD will utilize OPSG-S funding for overtime, fuel, mileage, vehicle maintenance, and equipment in order to support operations as follows: • Patrols in the vicinity of Hwy 101 in the City of San Luis Obispo. Special emphasis on support to maritime enforcement. • Conduct weekly patrol operations with a focus on transnational criminal activity within the San Diego Sector AOR. • Conduct interdiction operations on coastline roadways, harbors/marinas, and routes of egress from the border. SLOSO may conduct intelligence -driven operations as necessary in collaboration with the OPSG IPT. Operations described above may be modified in order to facilitate additional enforcement efforts within allocated quarterly funds. 17. Ventura County Sheriffs Office (VCSO) Objective: Increase security for immediate coastline and deny marine egress routes to smuggling organizations operating in the maritime environment within the San Clemente Station AOR. VCSO will not enforce Title 8 (US Immigration law). VCSO will enforce state law and local ordinances against violators in target areas to help reduce criminal activity associated with transnational criminal organizations. VCSO will utilize OPSG funding for overtime, fuel, mileage, vehicle maintenance, and equipment in order to support operations as follows: • Patrols in the vicinity of Hwy 101 in the County of Ventura. Special emphasis on support to maritime enforcement. • Conduct weekly patrol operations with a focus on transnational criminal activity within the San Diego Sector AOR. • Conduct interdiction operations on coastline roadways, harbors/marinas, and routes of egress from the border. VCSO may conduct intelligence -driven operations as necessary in collaboration with the OPSG IPT. Operations described above may be modified in order to facilitate additional enforcement efforts within allocated quarterly funds. Page 13 of 34 18. Santa Barbara Sheriffs Office (SBSO) Objective: Raise the level of border security and reduce the threat of border -related crime by increasing law enforcement presence and special operations in rural and coastal areas, communities, and routes of egress throughout the Sector/San Clemente Station AOR. SBSO will not enforce Title 8 (US Immigration law). SBSO will enforce state law and local ordinances against violators in target areas to help reduce criminal activity associated with transnational criminal organizations. SBSO will utilize OPSG funding for overtime and equipment in order to support operations as follows: • Patrols in the vicinity of Hwy 101 in the County of Santa Barbara. Special emphasis on support to maritime enforcement. • Conduct weekly patrol operations with a focus on transnational criminal activity within the San Diego Sector AOR. • Conduct interdiction operations on coastline roadways, harbors/marinas, and routes of egress from the border. SBSO may conduct intelligence -driven operations as necessary in collaboration with the OPSG IPT. Operations described above may be modified in order to facilitate additional enforcement efforts within allocated quarterly funds. 19. California Department of Motor Vehicles (DMV) Objective: Reduce the threat of trans -national criminal enterprise including the manufacture, distribution, and use of fraudulent and/or counterfeit documents. DMV will not enforce Title 8 (US Immigration law). DMV will enforce state law and local ordinances against violators to help reduce criminal activity associated with transnational criminal organizations. DMV Investigators will work in collaboration with the Sector Intelligence Division (SID) to identify, perform link analysis, and investigate organizations that utilize document fraud in furtherance of their criminal enterprise. DMV will utilize OPSG funding for overtime, fuel, mileage, vehicle maintenance, and equipment in order to support operations as follows: • DMV Investigators working variable shifts will respond to Sector stations/checkpoints and OPSG partner agencies to identify and disrupt document fraud. • Conduct interdiction operations on coastline roadways and routes of egress from the border. DMV may conduct intelligence -driven operations as necessary in collaboration with the OPSG IPT. Operations described above may be modified in order to facilitate additional enforcement efforts within allocated quarterly funds. Page 14 of 34 20. California Department of Fish and Wildlife Objective: Raise the level of border security and reduce the threat of border -related crime by increasing law enforcement presence and special operations in coastal areas and routes of egress adjacent to the border in the Imperial Beach Station AOR. Wildlife Wardens will not enforce Title 8 (US Immigration law). Wardens will enforce state law and local ordinances against violators in the target area to help reduce criminal activity associated with transnational criminal organizations. Fish and Wildlife will utilize OPSG funding for overtime, fuel, mileage, vehicle/vessel maintenance, and equipment in order to support operations as follows: • Wildlife wardens will perform coastal patrol from the international border to La Jolla and interior patrol in the vicinity of Jamul, Otay Mountain and Proctor Valley. Conduct interdiction operations on coastline roadways and routes of egress from the border. CA Dept of Fish and Wildlife may conduct intelligence -driven operations as necessary in collaboration with the OPSG IPT. Operations described above may be modified in order to facilitate additional enforcement efforts within allocated quarterly funds. 21. California Highway Patrol (CHP) Objective: Raise the level of border security and reduce the threat of border -related crime by increasing law enforcement presence and special operations in rural areas, communities and routes of egress adjacent to the border throughout the San Diego Sector AOR, including Orange, Los Angeles, Ventura, Santa Barbara, and San Luis Obispo Counties. CHP will not enforce Title 8 (US Immigration law). CHP will enforce state law and local ordinances against violators in the target area to help reduce criminal activity associated with transnational criminal organizations. CHP will utilize OPSG funding for overtime, fuel, mileage, vehicle maintenance, and equipment in order to support operations as follows: Sector -Wide- • Road enforcement dedicated task forces at various hours in the San Diego Sector AOR, with special emphasis on border egress routes. • Task forces consisting of commercial, canine and patrol officers at and around the San Clemente Rest Area with emphasis on commercial traffic waiting to avoid scales and check points during operational hours. • Commercial dedicated task forces patrolling in the San Diego Sector AOR. • Conduct fixed wing/helicopter air support missions for special operations (in conjunction with ground personnel) from all OPSG agencies. All OPSG air operations will de -conflict with CBP Air San Diego and notify the San Diego Sector Communications Center (619) 498-9900 prior to flight. CHP may conduct intelligence -driven operations as necessary in collaboration with the OPSG IPT. Operations described above may be modified in order to facilitate additional enforcement efforts within allocated quarterly funds. Page 15 of 34 22. California Department of Parks and Recreation Objective: Raise the level of border security and reduce the threat of border -related crime by increasing law enforcement presence and special operations in rural/coastal areas and routes of egress leading from the border in the Imperial Beach and San Clemente Station AORs. State Park Officers will not enforce Title 8 (US Immigration law). Officers will enforce state law and local ordinances against violators in target areas to help reduce criminal activity associated with transnational criminal organizations. California State Parks will utilize OPSG funding for overtime, fuel, mileage, vehicle maintenance, and equipment in order to support operations as follows: • Conduct patrols/interdiction to assist in the reduction of criminal activity associated with transnational criminal organizations through State Parks. Special emphasis on support to maritime enforcement. CA Dept of Parks and Rec may conduct intelligence -driven operations as necessary in collaboration with the OPSG IPT. Operations described above may be modified in order to facilitate additional enforcement efforts within allocated quarterly funds. 23. Califomia Department of Corrections and Rehabilitation (CDCR), Office of Correctional Safety Objective: Raise the level of border security by identifying and initiating prosecution proceedings for apprehended aliens and border crime -related criminals in violation of probation. CDCR Agents will screen Border Patrol detainees for probation violators who do not meet federal prosecution guidelines, issue re -arrest orders under Section 1203 of the California Penal Code, and transport and book amenable violators into San Diego County Jail. CDCR Agents will respond to requesting Sector stations as coordinated by the Sector Career Criminal Unit (CCU). CDCR Agents will conduct fourth waiver searches of probationers located within the designated targeted areas to ensure compliance with court orders. CDCR Agents will not enforce Title 8 (US Immigration law). CDCR Agents will enforce state law against criminal violators in target areas. CDCR Agents will utilize OPSG funding for overtime in order to support operations as follows: CDCR Agents will perform fourth waiver searches county -wide for individuals with a history of border nexus related crime and case reviews for aliens in custody suspected of probation violation. In addition, agents will develop intelligence -based target lists for field operations within OPSG boundaries. CDCR may conduct intelligence -driven operations as necessary in collaboration with the OPSG IPT. Operations described above may be modified in order to facilitate additional enforcement efforts within allocated quarterly funds. Page 16 of 34 24. University of California San Diego Police Department (UCSDPD) Objective: Raise the level of border security and reduce the threat of border -related crime by increasing law enforcement presence and special operations in the UCSDPD AOR. UCSDPD will not enforce Title 8 (US Immigration law). UCSDPD will enforce state law and local ordinances against violators in the target area to help reduce criminal activity associated with transnational criminal organizations. UCSDPD will utilize OPSG funding for overtime, fuel, mileage, vehicle/vessel maintenance, and equipment in order to support operations as follows: • Conduct interdiction operations on coastline roadways and routes of egress from the border. UCSDPD may conduct intelligence -driven operations as necessary in collaboration with the OPSG IPT. Operations described above may be modified in order to facilitate additional enforcement efforts within allocated quarterly funds. D. Coordinating Instructions: The San Diego Sector Chief Patrol Agent will have operational oversight and in coordination/collaboration with OPSG stakeholders, will determine which areas will be the focus of operations. The Sector and local participating agencies will be executing a quarterly OPSG operational plan for submission to OBP. San Diego Sector stations will be responsible for OPSG-related enforcement activities and intelligence sharing within their respective AORs. An Incident Command System (ICS) may be utilized to facilitate Sector -wide coordination and monitoring of OPSG activities as warranted during special operations. Sector stations and local/state representatives will ensure daily OPSG activities within their respective AOR are monitored and reported accordingly. Stations will be responsible for reporting OPSG-related intelligence to the Sector Intelligence Unit (SIU) as appropriate. For maritime operations, the RECOM will be responsible for the aforementioned requirements. Each participating OPSG agency will have a designated management representative as noted in the Command and Control section of this operational plan. Activity Reporting - At the conclusion of each shift, OPSG state/local law enforcement officers will complete a DAR. The DAR will be submitted via email to Sector Headquarters at: SDCOPSG2008@cbp.dhs.gov and SDSD at: stonegarden@sdsheriff.org. The Sector OPSG Group will be responsible for compiling daily activity reports and SDSD Financial will be responsible for tracking OPSG expenditures. Weekly Activity and After -Action Reports will be completed by the Sector OPSG Group and submitted via email to OBP. The work week for OPSG is Wednesday — Tuesday with weekly reports due to HQ-OBP by COB every Thursday. Information Sharing - All source documents (e.g. arrest reports, citations, field interviews, etc.) will be emailed to SDCOPSG2008@cbp.dhs.gov for review. Items of interest will be developed by the SIU and forwarded to Station Lead Border Patrol Agents (LBPAs), SIG, SDSD CID, LECC, RTTAC, and the Integrated Planning Team for action. Page 17 of 34 Intelligence Products - Intelligence products including mapping, trend analysis, community impact, and target files will be developed via a collaborative effort between the SIU, SDSD CID, RTTAC, and LECC. Performance Metrics- OPSG impact on border security and public safety will be gauged by several mechanisms: • Statistically tracked events such as traffic stops, citations, misdemeanor/felony arrests, and contraband seizures in OPSG target areas • SID evaluation of OPSG effect on targeted criminal organizations and their activities • Third party indicators ascertained via crime statistical analysis and community impact data developed by the LECC Regional Scheduling - Each partner agency will send their weekly/bi-weekly/monthly OPSG schedule (whichever applies), utilizing the appropriate format, to Steve.Negron@cbp.dhs.gov as it becomes available. All schedules will be compiled and sent to the LECC. IV. ADMINISTRATION/LOGISTICS A. Cost Estimates/Funding Issues: Reimbursement for OPSG participants will be contingent upon approval of this operational plan, developed jointly between OPSG representatives and CBP/Border Patrol. No operations will commence and/or funds drawn prior to plan approval by OBP. The San Diego County Sheriff's Department will be the OPSG Fund Administrator. Funding for each participant will be approved on a case -by -case basis specific to the operational plan. Enforcement efforts and priorities may be shifted accordingly. The State Administrative Agency (SAA) must report Stonegarden obligations/expenditures via the Categorical Assistance Progress (CAPR)/Biannual Strategy Implementation Reports (BSIR) semi-annually and the Financial Status Report (SF-269a) by calendar quarter. Local and state law enforcement agencies shall not utilize OPSG funding to supplant their inherent routine patrol and law enforcement operations in order to perform activities not directly related to increasing border security. Page 18 of 34 Administration/Logistics'/ Budget Request Operational Overtime - San Diego Sheriff's Department Narrative Justification (Computation of Items) Federal Request $1,751,731 Deputy 2-2 person units, 5 days per week, 10 hour shift 200 hours per week x 52 weeks = 10,400 hrs/yr Cost @ $57.61/ hour = $599,144 Resident/Rural Deputy 2-1 person units, 5 days per week, 10 hour shift 100 hours per week x 52 weeks= 5,200 hrs/yr Cost @ $60.56/ hour = $314,912 Deputy (Maritime) 2-2 person units, 3 days per week, 10 hour shift 120 hours per week x 45 weeks = 5,400 hrs/yr Cost @ $57.61/ hour = $311,094 Sergeant 1 Sergeant, 5 days per week, 10 hour shift 50 hrs per week x 52 weeks = 2,600 hrs/yr Cost @ $66.47/ hour = $172,822 Rural Sergeant 1 Sergeant, 5 days per week, 10 hour shift 50 hrs per week x 52 weeks = 2,600 hrs/yr Cost @ $73.11/ hour = $190,086 Lieutenant 1 Lieutenant, 3 days per week, 10 hour shift 30 hrs per week x 52 weeks = 1,375 hrs/yr Cost @ $78.23/ hour = $107,550 Dispatcher 1 dispatcher, 3 days per week, 8 hour shift 24 hrs per week x 52 weeks = 1,248 hrs/yr Cost @ $44.97/ hour = $56,123 - San Diego Probation Department Deputy Probation Officers 2 DPO's x 10 hours x 52 weeks = 1,040 hours Cost @ $ 49.30/hr = $51,272 Senior Probation Officers 1 Sr PO x 10 hours x 52 weeks = 520 hours Cost @ $ 54.35/hr = $28,262 Supervisory Probation Officer 1 SPO x 9 hours x 26 weeks = 229 hrs Cost @ $64.76/hr = $14,801 $94,335 - Carlsbad Police Department Officer/Corporal 1 officer x 8 hours x 4shifts/month x 12 months = 384 hrs Cost @ $59.66/hr = $22,909 Sergeant 1 sergeant x 8 hours x 1 shift/month x 1 months = 8 hrs Cost @ $74.28/hr. = $594 $23,504 - Chula Vista Police Department Police Sergeant/Agent/Officer Patrol $118,285 1 officers x 10 hours per day x 2 days per week x 52 wks = 1,040 hours Special Ops (Allied Shield) 266 hours Investigator 3 officers x 12 hours /month x 12 months = 432 hours Task force operations 1 officer x 12 hours per month x 12 months= 144 hours Total hours = 1,882 x $62.85/hr (blended rate) = $118,285 Page 19 of 34 Administration/Logistics/ Budget Request - Coronado Police Department Narrative Justification (Computation of items) Officer 1 officer x 2 shifts/month x 10 hours x 6 months = 120 hrs Cost @ $65.57/hr = $7,868 Sergeant 1 sergeant x 3 shifts/month x 10 hours x 6 months = 180 hrs Cost @ $80.79/hr. _ $14,542 Federal Request $22,411 - El Cajon Police Department Officer 2 officers x 2 days/month x 10 hours x 12 months = 240 hrs Cost @ $55.43/hr = $13,303 Sergeant 1 sergeant x 1 day/month x 10 hours x 12 months = 120 hrs Cost @ $67.371hr. = $8,084 Dispatcher 1 dispatcher x 1 day/month x 8 hours x 5 months = 40 hrs Cost @ $38.18/hr = $1,527 $22,915 - Escondido Police Department Monthly operations $50,000 Sergeant 1 Sergeant x 9 hour shift x 7 ops = 63 hours/yr Cost @ $76.23/hr = $4,802 Officers 7 Officers x 10 hour shift x 7 ops = 490 hours/yr Cost @ $56.38/hr = $27,626 Quarterly operations Lieutenant 1 Lieutenant x 9 hour shift x 2 ops = 18 hours/yr Cost @ $77.93ihour= $1,403 Sergeant 2 Sergeants x 9 hour shift x 2 ops = 35 hours/yr Cost @ $76.23/hour = $2,637 Officers 12 Officers x 10 hour shift x 2 ops = 240 hours/yr Cost @ $56.38/hour = $13,531 - La Mesa Police Department Officer 1 officer x 8 hrs/day x 2 days/wk x 29 weeks = 464 hrs Cost @ $57.33/hour = $26,601 Sergeant 1 sergeant x 8 hrs/day 1 day/wk x 26 weeks = 208 hrs Cost @ $70.46/hour= $14,656 Officer (Enforcement Team) 4 officers x 8 hrs, 1 op/quarter x 1 quarter = 32 hrs Cost @ $57.33/hour = $1,835 Sergeant (Enforcement Team) 1 sergeant x 8 hrs, 1 op/quarter x 1 quarter = 8 hrs Cost @ $70.46/hour = $564 $43,655 Page 20 of 34 Administration/Logistics/ Narrative Justification Budget Request (Computation of Items) - National City Police Department 0 • * Corporal/Officer (Westfield Mall) 1 personnel x 1 day per week, 10 hour shift = 10 hours per week x 14 weeks = 140 hours Cost @ $61.201hour = $8,568 Corporal/Officer (National City) 1 personnel x 1 day per week, 10 hour shift = 10 hours per week x 14 weeks = 140 hours Cost @ $61.201hour = $8,568 Corporal/Officer (Gang Enforcement Team) 1 personnel x 1 day per week, 10 hour shift = 10 hours per week x 14 weeks = 140 hours Cost @ $61.20/hour = $8,568 Lieutenant One person x 10 hrs/day x 2 months = 20 hours Cost @ $91.17/hour = $1,823 Sergeant One person x 10 hrs/day x 2 months = 20 hours Cost @ $75.211hour = $1,450 Senior Police Dispatcher/Police Dispatcher One person x 10 hrs/day x 2 months = 20 hours Cost @ $53.62/hour = $1,072 Federal Request $30,050 - Oceanside Police Department Maritime Officer (Boat) 1 officer x 2 days/wk x 9 hr shift = 18 hours per week x 52 weeks = 936 hours Cost @ $68.39/hour = $64,013 $64,013 - San Diego Harbor Police Department Officer/Corporal 2 corporals/officers x 2 days/wk x 8 hr shift = 32 hours per week x 48 weeks = 1,536 hours Cost @ $62.791hour = $96,452 $96,452 - San Diego Police Department Police Officer 11 Harbor Unit 1 P011 x 10 days x 10 hr shift = 100 hrs Patrol 2 P011 x 52 days x 10 hr shift = 1040 hrs Cost @ $61.19lhour = $69,757 Police Detective 2 detectives x 20 days x 10 hour shift = 400 hrs Cost @ $65.281hour = $26,112 Police Sergeant Harbor Unit 1 Sgt x 10 days x 10 hr shift = 100 hrs Patrol 2 Sgts x 20 days x 10 hr shift = 400 hrs Cost @ $73.921hour = $36,960 Detective Sergeant 1 Sgt x 20 days x 10 hr shift = 200 hrs Cost @ $77.621hour = $15,524 Police Dispatcher 1 Dispatcher x 3 days x 8 hr shift = 24 hours Cost @ $39.33/hour = $944 $149,297 Page 21 of 34 Administration/Logistics! Budget Request Narrative Justification (Computation of Items) Monthly operations (Federal Request - San Diego State University Police Department $15,000 Officer 2 Officers x 10 hour shift x 1 ops x 4 months = 82 hrs Cost @ $90.63/hr = $7,456 Tasl Force operations Sergeant 1 Sergeant x 10 hour shift x 1 ops x 2 qtrs = 20 hrs Cost @ $105.32/hour = $2,106 Officer 3 Officers x 10 hour shift x 1 ops x2gtrs=60hrs Cost @ $90.63/hour = $5,438 - Los Angeles County Sheriffs Department Personnel includes Deputy, Sergeant and Lieutenant Boat Support $350,000 5 personnel x 9.5 hrs x 12 day detail x 4 grts/ yr = 2,285 hrs Cost @$101.001hr = $230,820 Aircraft Support Sea King 5 personnel x 10 hours x 5 day detail x 4 grtrs = 1,000 hours Cost = $101/hr = $101,000 Fixed wing support and ASTAR radiation screening 3 personnel x 10 hours x2 day detail x 3 qrtrs x 1 yr = 180 hours Cost @ $1011hr = $18,180 - Orange County Sheriffs Department Harbor Division $48,368 Sergeant 1-1 person unit, 2 days per month, 8 hours per day, 8 months per year = 128 hours Cost @ $78.44/ hour = $10,040 Deputy Sheriff 11 1-2 person unit, 2 days per month, 8 hours per day, 8 months per year = 256 hours Cost @ $63.24/ hour = $16,189 Air Division Sergeant 1 person paired with Deputy II, 2 days per week, 3 hours/week, 26 weeks per year = 156 hours Cost @ $78.44/ hour = $12,237 Deputy 11 1 person paired with Sergeant, 2 days per week, 3 hours/week, 26 weeks per year = 156 hours Cost @ $63.47/ hour = $9,901 - San Luis Obispo County Sheriff's Office Deputy Sheriff 4 deputies x 2 day per week, 8 hour shift = 64 hours per week x 17 weeks = 1,108 hrs Cost @ $70.47/hour = $78,086 Senior Deputy Sheriff 4 senior deputies x 2 days per week, 8 hour shift = 64 hours per week x 16 weeks= 1,024 hrs Cost @ $77.75/hour = $79,616 Sergeant 1 sergeant x 2 day per week, 8 hour shift 16 hours per week x 16 weeks= 256 hrs Cost @ $85.541hour = $21,898 $179,600 Page 22 of 34 Administration/Logisticsf Budget Request - Santa Barbara County Sheriff's Office Narrative Justification (Computation of items) Deputy Sheriff 4 deputies x 2 day per week, 8 hour shift = 64 hours per week x 14 weeks= 900 hrs/ yr Cost @ $63.78/ hour = $57,402 Deputy Sheriff Special Duty (S/D) Includes Detectives, SET Operators and Senior Deputies 10-Man SET react team, Federal Request $179,986 10 Deputy Sheriff S/D x 10 hours x 10 ops = 1,200 hrs Cost @ $67.10/hour = $80,520 Sergeant 1 sergeant x 2 day per week, 8 hour shift = 16 hours per week x 31 weeks= 500 hrs Cost @ $76.32/ hour = $38,160 Lieutenant 1 Lieutenant x 4 days x 10 hour shift = 40 hrs Cost @ $97.601 hour = $3,904 - Ventura County Sheriff's Office Deputy Sheriff 2 deputies x 10 hour shift x 3 days per month = 60 hours per month x 12 months = 720 hrs Cost @ $60.57/ hour = $43,610 Senior Deputy Sheriff 4 senior deputies x 10 hour shift x 3 days per month = 120 hours per month x 12 months = 1,440 hrs Cost @ $66.77/ hour = $96,149 Sergeant 1 sergeant x 9 hours/day x 3 days per month = 27 hours per month x 12 months = 324 hrs Cost @ $79.34/ hour = $25,706 Senior Deputy -Crew Chief 1 senior deputy x 4 hours/day x 0.5 days per month = 2 hours per month x 12 months = 24 hrs Cost @ $66.771 hour = $1,602 Sheriff Pilot 1 sheriff pilot x 4 hours/day x 0.5 days per month = 2 hours per month x 12 months = 24 hrs Cost @ $79.77/ hour = $1,914 $168,982 - CA Highway Patrol Officer 1 officer x 10 hrs/day x 3 days/wk x 26 wks = 780 2 officers x 10 hrs/ day x 1 days/wk x 26 wks = 520 = 1,300 hours/year Cost @$67.61/hour= $87,893 Flight Officer 1 flight officer x 8 hrs/day x 1 day/week x 26 weeks = 208 hours/ year Cost @$70.64/hour = $14,693 Sergeant 1 sergeant x 5 hrs/ day x 5 days per week x 26 weeks = 650 hours/year Cost .$82.221hour = $53,443 Supervisor Pilot 1 flight supervisor x 5 hrs/ day x 1/wk x 26 weeks 130 hours/year Cost @$78.96/hour = $10,265 Dispatcher 1 dispatcher x 10 hrs/ day x 2/wk x 26 weeks 520 hours/year Cost @$36.03/hour = $18,736 $185,030 Page 23 of 34 AdministrationlLogisticsi Budget Request Narrative Justification (Computation of Items) Fish & Wildlife Officer/Lieutenant 2 officers x 8hrs/day x 1 day/wk x 24 weeks = 384 hrs Cost @ 560.00/hour = $23,040 Federal Request $23,040 - CA Department of Fish & Wildlife - CA Department of Motor Vehicles Investigators 1 Inv x 10hrslday x 1 days/week x 43 weeks = 430 hrs Cost @ $57.00/hr = $24,510 $24,510 - CA Department of Parks & Recreation Supervisors and/or Officers (San Diego Coast District/North Sector) 2 Supervisors and/or Officers x 5 hr shifts x 5 days/wk x 52 weeks = 2600 hours Cost @$73.001hr = $189,800 Supervisors and/or Officers (Various Sectors/Districts) 6 Supervisors and/or Officers x 12 hrs/mo x 11 months = 792 hours Cost @$73.00Ihr = $57,816 $247,616 - CA Department of Corrections and Rehabilitation, Office of Correctional Safety Special Agent 1 Special Agent x 20 hrslmo x 5 months C 1s7 hours Cost @$76.05/hr = $8,307 Parole Agent I 1 Parole Agent I x 20 hrs/mo x 5 months = 100 hours Cost @$66.93/hr = $6,693 $15,000 - University of California, San Diego Police Department officer 1 Officers x 38 hrs/month x 12 months = 457 hrs Cost @ $54.75/hr = $25,000 $25,000 Total Overtime Costs $3,928,780 Fringe Benefits for Peace Officers - San Diego Sheriff's Department Worker's Comp - 6.12% - 1.45% Total Fringe Benefit Rate: 7.57% 7.57% x $1,695,608 = $128,307 CC Dispatchers + OASDI 6.2% = 12.58% x $56,123 = $7,060 $135,367 - San Diego Probation Department Worker's Comp - 4.575% Medicare - 1.43% Total Fringe Benefit Rate: 6.005% 6.005% x $94,335 = $5,665 $5,665 - Carlsbad Police Department Medicare - 1.45% 1.45% x $23,504 = $341 $341 Chula Vista Police Department FICA - 1.45 % 1.45% x $118,285 = $1,715 $1,715 - Coronado Police Department Worker's Comp - 9.158% Medicare - 1.45% Total Fringe Benefit Rate: 10.608% 10.608% x $22,411 = $2,377 $2,377 - El Cajon Police Department Total Fringe Benefit Rate (Sworn): 6.75% 6.75% x $21,388 = $1,444 Total Fringe Benefit Rate (Non -Sworn): 1.99% 1.99% x $1,527 = $30 $1,474 - Escondido Police Department Wit not claim fringe benefit $0 - La Mesa Police Department Worker's Comp - 12.335% Medicare - 1.45% Total Fringe Benefit Rate: 13.785% 13.785% x $43,655 = $6,018 $6,018 - National City Police Department AdministrationlLogisticsi Worker's Comp - 9.73% Medicare - 1.45% Total Fringe Benefit Rate: 11.18% x $28,978 = $3,240 Dis catchers - 5.88% x $1,072 = $63 $3,303 Federal Narrative Justification Page 24 of 34 Budget Request - Oceanside Police Department (Computation of items) FICA - 1.45 % 1.45% x $64,014 Request $928 - San Diego Harbor Police Department Worker's Comp - 4.64% FICA - 8.36% Total Fringe Benefit Rate: 13.0% x $96,452 $12,539 - San Diego Police Department Will not claim fringe benefit $0 - San Diego State University Police Department Will not claim fringe benefit $0 - Los Angeles County Sheriffs Department Will not claim fringe benefit $0 - Orange County Sheriff's Department Worker's Comp - 6.88% Unemployment- 1.60% FICA - 1.45% Total Fringe Benefit Rate: 8.33% x $48,368 $10,355 - San Luis Obispo County Sheriff's Office Worker's Comp - 6.580% Unemployment - 1.60% Medicare - 1.45% FICA - 1.45% Total Fringe Benefit Rate: 11.08% x $179,600 $19,900 - Santa Barbara County Sheriff's Office Medicare - 1.45% 1.45% x $179,986 $2,610 - Ventura County Sheriff's Office Worker's Comp - 6.226% Unemployment - 0.121% Medicare - 1.45% Total Fringe Benefit Rate: 7.797°% x $168,982 $13,176 - CA Highway Patrol Uniform Medicare - 1.45% 1.45% x $166,294 = $2,411 Non -Uniform Medicare - 1.45% OASDI — 6.20% Total Fringe Benefit Rate: 7.65% 7.65% x $18,736 = $1,433 • $3,845 - CA Department of Fish & Wildlife FICA - 1.45 % 1.45% x $23,040 $1,763 - CA Department of Motor Vehicles FICA - 1.45 % 1.45% x $24,510 $355 - CA Department of Parks & Recreation FICA - 1.45 % 1.45% X $247,616 $3,590 - CA Department of Corrections, Office of Correctional Safety Will not claim fringe benefit $0 - University of California, San Diego Police Department Will not claim fringe benefit $0 Total Fringe Benefits Costs $225,321 VehicleNessel Maintenance - San Diego Sheriff's Department SAFE Boat Maintenance Costs 2% of the vessel original cost: $1,000,000 x 2% $20,000 - Orange County Sheriff's Department SAFE Boat Maintenance Costs 2% of the vessel original cost: $354,968 x 2% $7,099 - Ventura County Sheriffs Office Flat rate vehicle maintenance fee of $0.12/mile 100 miles per shift x 7 vehicles x 24 operations = 16,800 $2,016 - CA Department of Parks & Recreation 4WD vehicle fuel and maintenance North Sector: $4,000/year x 1 vehicle South Sector: $1,000/yearx 1 vehicle $5,000 Total Vehicle Maintenance Costs $34,115 Administration/Logistics/ Narrative Justification Federal Page 25 of 34 Budget Request (Computation of Items) Monthly 800mhz (RCS) user fee Request $87,750 Equipment Maintenance San Diego Sheriff's Department - 9 P $26.50 per unit per month x 66 radios = $20,988 GPS Trackers Monthly Service Fees $50.00 per month x 50 units= $30,762 Cellebrite/Penlinik Annual Service Fees = $5,000 Surveillance Van Aircard = $1,000 License Plate Reader maintenance fees = $10,000 IB IR camera yearly maint =$20,000 - CA Department of Parks & Recreation Monthly 800mhz user fees (4 radios) North Sector: $25.00 per unit per month = $600 South Sector: $25.00 per unit per month = $600 $1,200 Total Equipment Maintenance Costs $88,950 New Equipment - San Diego Sheriff's Department (3) Wireless Aircards $1,500 (2) Cell phone monthly service fees $1,020 (5) License Plate Reader systems for marked patrol vehicles $104,000 (2) Covert License Plate Reader Trailers $110,500 (1) Unmarked vehicle & installation costs $30,000 (1) SAFE Boat, fully outfitted, with trailer $1,000,000 (1) Tow truck for boat $50,000 $1,297,020 - Oceanside Police Department (1) Tow vehicle for 35' SAFEboat $70,000 (1) Videoray Submergible Sonar $100,000 $170,000 - Orange County Sheriff's Department (3) Portable Automated Vehicle License Plate Readers $45,000 $45,000 - San Luis Obispo County Sheriff's Office (2) Automated License Plate Readers $65,000 (2) Pole Cameras $30,000 (3) Stand Alone Sensors $15,500 (2) Forward Looking Infrared $40,000 $150,500 - Santa Barbara County Sheriff's Office (1) Truck -specialized mission/surveillance platform $30,000 (1) Remote covert surveillance camera $27,590 (7) Night Vision Goggles $36,200 (13) Portable Radios $91,000 $184,790 - Ventura County Sheriff's Office (12) Automated Vehicle License Plate Readers $90,000 (7) Portable radios $25,000 (5) Binoculars $11,500 (2) Night Vision Binoculars (FLIR) $20,000 (3) Operational Vests $3,500 $150,000 - CA Department of Parks & Recreation (1) 25ft. Safeboat , fully equipped with twin Diesel motors and Code 3 response $190,000 $250,000 (1) Thermal imaging equipment (FLIR) $60,000 Total New Equipment Costs $2,247,310 Fuel - San Diego Sheriff's Department SAFE Boat Fuel Costs $4.25/gallon x 15 gal/hr x 12 hr/op x 6 ops/yr $5,000 Oceanside Police Department - p Gallons per shift @ 150 x $4.89/gallon = $733.50/shift 2 shifts per week x 7 weeks = 14 shifts $10,059 - San Diego Harbor Police Department 2 engines x 10 hours x 3 days X 6 gallons/hour x $4.17/gallon x 7 weeks $10,509 - Orange County Sheriff's Department p Harbor Division Safe Boat Fuel Costs $4.00/gallon x 12 gal/hr x 8 hr/op x 26 ops/yr $4,992 - Ventura County Sheriff's Office 840 gal x $4.50/gal $3,780 Total Fuel Costs $34,340 Administration/Logistics/ Narrative Justification Federal Page 26 of 34 Budget Request Mileage - San Diego Sheriff's Department (Computation of Items) 50,543 miles x $.565/mile Request $28,557 - Carlsbad Police Department 2,044 miles x $.565/mile $1,155 - Coronado Police Department 375 miles x $.565/mile $212 - El Cajon Police Department 1,081 miles x $.565/mile $611 - La Mesa Police Department 579 miles x $.565/mile $327 - National City Police Department 2,915 miles x $.565/mile $1,647 - San Diego Harbor Police Department 885 miles x $.565/mile $500 - San Diego Police Department 1,244 miles x $.565/mile $703 - Orange County Sheriff's Department 885 miles x $.565/mile $500 - Santa Barbara County Sheriff's Office 1,035 miles x $.565/mile $585 - Ventura County Sheriff's Office 3,267 miles x $.565/mile $1,846 - CA Highway Patrol 1,991 milesx$.565/mile $1,125 - CA Department of Fish & Wildlife 349 miles x $.565/mile $197 - CA Department of Motor Vehicles 239 miles x $.565/mile $135 - CA Department of Parks & Recreation 4,591 miles x $.565/mile $2,594 Total Mileage Costs $40,694 Flight Costs San - Diego Sheriffs Department p Helicopter flight use 2 Operations x 3 hours = 6 hours 6 x $845 / hour $5,000 - Orange County Sheriff's Department 3 flight hours/wk x 5 weeks x $680.75/hr $3,686 - Santa Barbara County Sheriff's Office 6 Operations x 1.5 hours x $7811hour $7 029 Ventura County Sheriff's Office 6 ops/year x 4 hourslops = 24 flight hours/yr 100 gal/hr x 4.25/gal = $425/hr $10,200 - CA Highway Patrol A-61 or A-63 Aircraft $10,000 10 Operations x 4 hours = 40 flight hours x $125.07/ hour = $5,000 H-60 Aircraft 2 Operations x 4 hours = 8 flight hours x $562.94/ hour = $5,000 Total Flight Costs $35,915 Management & Administration - San Diego Sheriff's Department Cost estimate for student worker $25,274 GRAND TOTAL (YEAR 1) $6,660,699 Cost Estimates: General Cost: OT Cost: $2,506,598.00 $4,154,101.00 Total Cost: $6,660,699.00 Page 27 of 34 B. Travel: Not Applicable. C. Lodging: Not Applicable. D. Reception of Detailed Personnel: Not Applicable. E. Uniform and Equipment: As prescribed by the participating state and local agencies' chains of command: F. Special Equipment: Not Applicable. G. Alien Processing: Individuals in custody determined to be undocumented aliens will be turned over to the Border Patrol for processing and disposition unless otherwise specified (e.g. those individuals wanted for state crimes). Seized contraband will be processed in accordance with existing federal, state, and local policies. The management of state felony warrant suspects in CBP/Border Patrol custody will be in accordance with existing agreements between the Sector and local agencies. H. Medical: Medical emergencies will be managed by individual participating agencies in accordance with existing policies and practices. Mercy Air EMERGENCY (800) 222-3456 OFFICE (619) 448-1412 Mercy Air will be coordinated with the Thomas Bros. Map Book and will use CLEMARS VHF/UHF. UCSD Medical Center (Trauma) 200 West Arbor San Diego, Ca. 92103 (619) 543-6222 Thomas Guide 2008, San Diego County, Page 1269 Grid A-4 Page 28 of 34 Sharp Memorial Hospital (Trauma) 7901 Frost Street San Diego, CA 92123 (858) 939-3400 Thomas Guide 2008, San Diego County, Page 1249/Grid B-5. I. Detention/Transportation: Participating agencies will be responsible for coordinating illegal alien detention/transportation with the Border Patrol Station within whose AOR they are operating. Maritime -related apprehensions will be coordinated through the RECOM. J. Vehicles: Local and state law enforcement vehicles will be used in support of this operation. Participating agencies will be responsible for the fuel and maintenance of their vehicles. Fuel, mileage, and maintenance costs may be reimbursed in whole or in part for those vehicles utilized in OPSG- related operations. V. COMMAND/CONTROL/COMMUNICATION A. Chain of Command: Participating agencies will maintain their individual chains of command as dictated by internal policies and guidelines. Border Patrol -San Diego Sector Chief Patrol Agent Paul Beeson Deputy Chief Patrol Agent Rodney Scott Division Chief of Staff, Sammie Anderson OPSG Rep: Supervisory Border Patrol Agent Edward Caliri (619)587-2753 Maritime Unified Command (MUC) (A)Field Operations Supervisor Jesse Hernandez (619)628-2914 Central California Maritime Agency Coordination Group (CenCalMAC) Supervisory Border Patrol Agent Javier Montano (619) 430-5300 San Diego County Sheriff's Department Sheriff William Gore OPSG Rep: Lt. John Maryon (760)510-5067 San Diego County Probation Department Chief Probation Officer Mack Jenkins OPSG Rep:Supervising Probation Officer Gonzalo Mendez (858) 694-4401 San Diego PD Chief William Lansdowne OPSG Rep: Keith Lucas (619)531-2359 Page29of34 San Diego Harbor PD Chief John Bolduc OPSG Rep: Sgt. Eric Womack (619)686-6510 San Diego State University Police Dept. Chief John Browning OPSG Rep: Cpl. Mark Peterson (619)594-3328 Carlsbad PD Chief Gary Morrison OPSG Rep: Sgt. Gil Beason (760)931-2100 Chula Vista PD Chief David Bejarano OPSG Rep: Lt. Eric Thunberg (619)476-2344 Coronado PD Chief Jon Froomin OPSG Rep: Comm. Michael Lawton (619)522-7348 El Cajon PD Chief Jim Redman OPSG Rep: Lt. Randy Soulard (619)593-5719 Escondido PD Chief Craig Carter OPSG Rep: Capt. Bob Benton (760)839-4408 La Mesa Police Department Chief Ed Aceves OPSG Rep: Lt. Matt Nichols (619)667-1400 National City PD Chief Manuel Rodriguez OPSG Rep: Sgt. Perris Bull (619)336-4524 Oceanside PD Chief Frank McCoy OPSG Rep: Sgt. Jeff Brandt (760)522-7515 Los Angeles County Sheriff's Department Sheriff OPSG Rep: Jack Ewell (323)881-7823 Orange County Sheriffs Department Sheriff Sandra Hutchens OPSG Rep: Sgt. David GINTHER (714)647-1800 San Luis Obispo Sheriff's Office Sheriff Ian Parkinson OPSG Rep: Jim Taylor (805)473-7108 Page 30 of 34 Santa Barbara Sheriff's Office Sheriff Bill Brown OPSG Rep: Steve Robel (805)681-4100 Ventura County Sheriffs Office Sheriff Geoff Dean OPSG Rep: Sgt. Robert Thomas (805)947-8310 California Department of Motor Vehicles Chief Kathryn Door OPSG Rep: Jerry Camp (858)627-3942 California Department of Fish and Wildlife Assistant Chief Dan Sforza OPSG Rep: Lt. Scott Bringman (619)562-2456 California Highway Patrol Chief Jim Abele (Border Division) OPSG Rep: Sgt. Dave Dreher (858)650-3600 California Department of Parks and Recreation Chief Clay Phillips OPSG Rep: Officer Mark Allen (760)579-9067 California Department of Corrections and Rehabilitation, Office of Correctional Safety OPSG Rep: Steve Cornwell (619) 278-3773 University of California, San Diego Police Department Chief Orville King OPSG Rep: Capt. Dave Rose (858)354-5158 B. Unit Command: Border Patrol Stations Boulevard Station PAIC Michael Doolittle OPSG Rep: SBPA Jose Ortiz (619)766-4773 Brown Field Station PAIC Mickey A. Valdez OPSG Rep: Sean (shim (619)730-8733 Campo Station PAIC Wayne Jackson OPSG Rep: Leo Mile (619)938-8700 Page 31 of 34 Chula Vista Station PAIC Daniel Parks OPSG Rep: SBPA? (619)498-9700 El Cajon Station PAIC Timothy Heck OPSG Rep: SBPA Chris Vanwagenen (619)258-4500 Imperial Beach Station PAIC Gregory Bovino OPSG Rep: SBPA Hugo Gonzalez (619)628-2900 Murrieta Station PAIC Walter Davenport OPSG Rep: Joe Huskey (951)816-3000 San Clemente Station PAIC David Bemiller OPSG Rep: WC Jason Liebe (760)430-5300 C. Communication Details: Communication protocol will be managed in accordance with each participant agency's existing policy. OPSG communications will be monitored and, as necessary, coordinated by the ICS when active. Notes: D. Map Coordinates: Degrees : Minutes : Seconds Decimal Location Zone: ANNEX A. Administration Annex: Longitude Latitude 0:0:0 0:0:0 32.65583 -116.96111 The San Diego County Sheriffs Department will be the OPSG Fiscal Administrator. Each OPSG participant's funds will be approved on a case -by -case basis specific to the quarterly operational plan. The San Diego Sector Chief Patrol Agent in coordination with the OPSG IPT Page 32 of 34 will determine which areas will be the focus of operations and may shift enforcement efforts and priorities accordingly. Operational plans may be amended as necessary. State and local law enforcement agencies shall not use OPSG funding to supplant their inherent routine patrol and law enforcement operations in order to perform activities not directly related to increasing border security. B. Execution Annex: The 2013 Operation Stonegarden Program will utilize the Allied Shield Operation model, but will concentrate on having smaller, more frequent operations throughout the year. Instead of deploying 600 officers for one huge annual operation, we will look at deploying 80-100 officers for one or two operations per quarter. Operations that we feel would be beneficial to the sector are: • Highways 5 and 15 interdiction, utilizing SIG, BCST, CHP, Border Patrol, and State/Local Agencies. This would be a focused effort on northbound narcotics loads and southbound money and weapons loads. It is important to conduct interdiction on both highways simultaneously due to the ease of utilizing one or the other based on TCO's using spotters. It would be helpful to have cooperation with both checkpoints. • San Diego Trolley System Interdiction, utilizing Cal State University law enforcement, Border Patrol, and State/Local Agencies. Intel shows that gang members and TCO's are utilizing the Trolley system throughout the county, so this would be a focused effort on that system and the surrounding areas that it services. • East and Westbound Highway Interdiction utilizing SIG, BCST, CHP, Border Patrol, and State/Local Agencies. This would be a coordinated effort with the 5 and 15 checkpoints, as TCO spotters will inform smugglers of checkpoint operation, and smugglers will utilize east/westbound highways to connect with the secondary northbound highway. These highways have been long neglected by law enforcement with respect to narcotics, money, and weapons loads. • Coast Watch surge, utilizing CBET, CHP, Border Patrol, and State/Local Agencies, including harbor units and CBP air & marine. Set up large scale coastal operations to shut down panga landings and their support systems, to include spotters and pickup crews. These operations will be conducted at appropriate sections of the coast based on available Intel. • These operations are only a sampling of what we will be doing in the upcoming year. We are open to suggestions and additional operations from any and all partner agencies. We will accept volunteer agencies to lead each operation and participation is encouraged to continue fostering the strong relationships that have been built in the San Diego Sector AOR, and to help continue Stonegarden funding for upcoming years. C. Communication Annex: Each participating agency will identify unit command and liaison personnel prior to implementation of the plan. Page 33 of 34 Media Action Plan: All Border Patrol inquiries will be directed to the San Diego Sector Information and Communications Division (619) 216-4182. State/Local agencies will manage media inquiries as indicated by their individual departmental policies. Legal Review: This operational plan has been reviewed for legal sufficiency by CBP Office of Assistant Chief Counsel. Risks: '� alaY; ii,10 � �Pn 'ea%1 S "c taint ISk No risks have been associated with this op order. Low No controls to be implemented. Low Photos: No photos have been associated with this Op Order. Page 34 of 34 FY 2013 OPERATION STONEGARDEN ANNUAL BUDGET WORKSHEET SUMMARY AGENCY NAME Budget Narrative Category TOTAL A B C D E F G H I Operational OT Fnnge Benefits Vehlcle/Vessel Maint Equip Maint New/Replace Equip Fuel Costs Mileage Flight Costs M&A San Diego County Sheriffs Department 1,751,731 135,367 20,000 87,750 1,297,020 5,000 28,557 5,000 25,274 3,355,699 San Diego County Probation 94,335 5,665 - - - - - - - 100,000 25,000 Carlsbad Police Department 23,504 341 - - - - 1,155 - - Chula Vista Police Department 118,285 1,715 - - - - - - - 120,000 Coronado Police Department 22,411 2,377 - - - - 212 - - 26,000 El Cajon Police Department 22,915 1,474 - - - - 611 - - 25,000 Escondido Police Department 50,000 - - - - - - - - 50,000 La Mesa Police Department 43,655 6,018 - - - 327 - - 50,000 National City Police Department 30,050 3,303 - - - - 1,647 - - 35,000 Oceanside Police Department 64,013 928 - - 170,000 10,059 - - - 245,000 San Diego Harbor Police 96,452 12,539 - - - 10,509 500 - - 120,000 San Diego Police Department 149,297 - - - - - 703 - - 150,000 San Diego State University Police Department 15,000 - - - - - - - - 16,000 LA County Sheriffs Department 350,000 - - - - - - - - 350,000 Orange County Sheriffs Department 48,368 10,355 7,099 - 45,000 4,992 500 3,686 - 120,000 San Luis Obispo County Sheriff's Office 179,600 19,900 - - 150,500 - - - - 350,000 Santa Barbara County Sheriffs Office 179,986 2,610 - - 184,790 - 585 7,029 - 375,000 Ventura County Sheriffs Office 168,982 13,176 2,016 - 150,000 3,780 1,846 10,200 - 350,000 CA Highway Patrol 185,030 3,845 - - - - 1,125 10,000 - 200,000 CA Department of Fish and Wildlife 23,040 1,763 - - - - 197 - - 25,000 CA Department of Motor Vehicles, Investigators 24,510 355 - - - - 135 - - 25,000 CA Department of Parks and Recreation 247,616 3,590 5,000 1,200 250,000 - 2,594 - - 510,000 CA Department of Corrections & Rehabilitation 15,000 - - - - - - - - 15,000 University of California San Diego Police Department 25,000 - 25 000 Grand Total San Diego County Region 5 3,928,780 $ 225,321 $ 34,115 S 88,950 S 2,247,310 S 34,340 $ 40,694 $ 35,915 $ 25,274 $ 6,660,699 California Governor's Office of Emergency Services FY2013 Grant Assurances (All HSGP Applicants) Name of Applicant: 770/v/ 1.-1.—�-/ ry /! D t / L /.,.).& /an i'-7714 Address: /Z D 0 j11,4 ?7d C (7-47 d?0 1)74-4/0' City: /V /'4-77-,4/- _ C l Ty State: CA" Zip Code: / q / 1 5<D Telephone Number: f� - % " Fax Number: 6 /9 3 3 6 -- �-/ S ZS E-Mail Address: e C'a. /N e a/1 c /1 Qt7a A a ZLy , q o As the duly authorized representative of the Applicant, I certify that the Applicant named above: 1. Will assure that all allocations and use of funds under this grant will be in accordance with the Fiscal Year 2013 HSGP Funding Opportunity Announcement. 2. Will assure that grant funds will support efforts related to providing an integrated mechanism to enhance the coordination of national priority efforts to prepare for, prevent, respond to, and recover from terrorist attacks, major disasters and other emergencies. 3. Has the legal authority to apply for federal assistance and has the institutional, managerial and financial capability to ensure proper planning, management and completion of the grant provided by the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) and sub - granted through the State of Califomia, California Governor's Office of Emergency Services (Cal OES). 4. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not be transferred between grant programs (for example: State Homeland Security Program and Urban Area Security Initiative) or fiscal years. 5. Will comply with any cost sharing commitments included in the FY2013 Investment Justifications submitted to DHS/FEMA/Cal OES, where applicable. 6. Will establish a proper accounting system in accordance with generally accepted accounting standards and awarding agency directives. 7. Will give the DHS/FEMA, the General Accounting Office, the Comptroller General of the United States, the Cal OES, the Office of Inspector General, through any authorized representatives, access to, and the right to examine, all paper or electronic records, books, and documents related to the award, and will permit access to its facilities, personnel and other individuals and information as may be necessary, as required by DHS/FEMA or Cal OES, through any authorized representative, with regard to examination of grant related records, accounts, documents, information and staff. 8. Will require any subrecipients, contractors, successors, transferees, and assignees to acknowledge and agree to comply with applicable provisions governing DHS/FEMA access to records, accounts, documents, information, facilities, and staff. a. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS/FEMA or Cal OES. b. Recipients must give DHS/FEMA and Cal OES access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to Page 1 Initials r facilities, personnel, and other individuals and information as may be necessary, as required by DHS/FEMA and Cal OES program guidance, requirements, and applicable laws. c. Recipients must submit timely, complete, and accurate reports to the appropriate DHS/FEMA and Cal OES officials and maintain appropriate documentation to support these reports. d. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. e. If, during the past three years, the Recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the Recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS/FEMA/Cal OES awarding office and the DHS Office of Civil Rights and Civil Liberties. f. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the Recipient, or the Recipient settles a case or matter alleging such discrimination, Recipients must forward a copy of the complaint and findings to the DHS/FEMA Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. 9. Will comply with any other special reporting, assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement, or detailed in the program guidance. 10. Agrees that funds utilized to establish or enhance state and local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines, follow the federal and state approved privacy policies, and achieve (at a minimum) the baseline level of capability as defined by the Fusion Capability Planning Tool. 11. Will initiate and complete the work within the applicable timeframe, in accordance with grant award terms and requirements, after receipt of approval from Cal OES, and will maintain procedures to minimize the amount of time elapsing between the award of funds and the disbursement of funds. 12. Will provide timely, complete and accurate progress reports, and maintain appropriate documentation to support the reports, and other such information as may be required by the awarding agency, including the Initial Strategy Implementation Plan (ISIP), within 45 (forty-five) days of the award, and update these reports and related documentation via the Grant Reporting Tool (GRT) twice each year. 13. Will provide timely notifications to Cal OES of any developments that have a significant impact on award - supported activities, including changes to key program staff. 14. Agrees to be non -delinquent in the repayment of any federal debt. Examples of relevant debt may be found in OMB Circular A-129, form SF-424, item #17, and include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. 15. Will comply with the requirement of 31 U.S.C. Section 3729, which sets forth that no subgrantee, Recipient or subrecipient of federal payments shall submit a false claim for payment, reimbursement or advance. Administrative remedies may be found in 38 U.S.C. Section 3801-3812, addressing false claims and statements made. 16. Will comply with all federal and state laws, executive orders, regulations, program and administrative requirements, cost principles, audit requirements, policies and any other teens and conditions applicable to this award. 17. Will comply with all applicable provisions of DHS/FEMA's regulations, including Title 44 of the Code of Federal Regulations, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, including the payment of interest earned on advances. Page 2 Initials 18. Will comply with Office of Management and Budget (OMB) Circular A-102, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (also known as the "A-102 Common Rule"), found under FEMA regulations at Title 44, Code of Federal Regulations (CFR) Part 13, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments"; OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations, relocated to 2 CFR Part 215; requirements for allowable costs/cost principles in the A-102 Common Rule, OMB Circular A- 110 (2 CFR § 215.27); OMB Circular A-21, Cost Principles for Educational Institutions, relocated to 2 CFR Part 220; OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments, relocated to 2 CFR Part 225; OMB Circular A-122, Cost Principles for Non -Profit Organizations, relocated to 2 CFR Part 230; and OMB Circular A-133, Audits of States, Local Governments and Non -Profit Organizations, as applicable. 19. Will comply with all provisions of the Federal Acquisition Regulations including, but not limited to, Title 48 CFR Part 31.2, Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 20. Will comply with provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limits the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 21. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents the appearance of, personal or organizational conflict of interest, or personal gain for themselves or others, particularly those with whom they have family, business, or other connections. 22. Understands and agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval from DHS/FEMA and Cal OES. 23. Will comply with all applicable lobbying prohibitions and laws, including those found in United States Code Title 31, § 1352, et seq., and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement. 24. Agrees that, to the extent contractors or subcontractors are utilized, will use small, minority -owned, women -owned, or disadvantaged businesses, to the extent practicable. 25. Will comply with Title 2 of the Code of Federal Regulations regarding duplication of benefits, whereby any cost allocable to a particular federal award or cost objective under the principles provided for in this agreement may not be charged to other federal awards to overcome fund deficiencies. 26. Will ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. Subgrantees and subrecipients may be required to demonstrate and document that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 27. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.), which prohibits the use of lead based paint in construction or rehabilitation of structures. 28. Will comply with all federal and state laws and regulations relating to civil rights protections and nondiscrimination. These include, but are not limited to: Page 3 Initials a. Title VI of the Civil Rights Act of 1964, Public Law 88-352,(42 U.S.C. § 2000d et seq.), , as amended, which prohibits discrimination on the basis of race, color and national origin. b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681 et seq.), which prohibits discrimination on the basis of gender. c. The Americans with Disabilities Act, as amended, which prohibits Recipients from discriminating on the basis of disability (42 U.S.C. § 12101 et seq.). d. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability in any program receiving federal financial assistance. e. The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age. f. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse. g. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. h. Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records. i. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq., as implemented by 24 CFR Part 100), as amended, relating to nondiscrimination in the sale, rental and financing of housing. j. Title 44 of the Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to nondiscrimination. k. The requirements of any other nondiscrimination provisions in the specific statute(s) under which the application for federal assistance is being made and any other applicable statutes. 1. Will, in the event that a federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national origin, gender, or disability against a Recipient of funds, the Recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs. m. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. n. Will comply, and assure the compliance of all its subgrantees and contractors, with the nondiscrimination requirements and all other provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1. 29. Will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. [P.L. 91-646]), which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally -assisted programs. These requirements apply to all interested in real property acquired for project purposes regardless of federal participation in purchases. Will also comply with Title 44 CFR, Part 25, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs. 30. Will comply with all provisions of DHS/FEMA's regulation 44 CFR Part 10, Environmental Considerations. 31. Will comply with all applicable federal, state, and local environmental and historical preservation (EHP) requirements. Failure to meet federal, state, and local EHP requirements and obtain applicable permits may jeopardize federal funding. Agrees not to undertake any project having the potential to impact EHP resources without the prior written approval of DHS/FEMA and Cal OES, including, but not limited to, ground disturbance, construction, modification to any structure, physical security enhancements, communications towers, any structure over 50 years old, and purchase and/or use of any sonar equipment. The subgrantee must comply with all conditions and restrictions placed on the project as a result of the EHP review. Any construction -related activities initiated without the necessary EHP review and approval will result in a noncompliance finding, and may not be eligible for reimbursement with DHS/FEMA and Page 4 Initials 38. Agrees that all DHS/FEMA-funded project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, and approvals are obtained. 39. Will comply with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225(a), whereby all subgrantees, recipients, and subrecipients must ensure that all conference, meeting, convention, or training space, funded in whole or in part with federal funds, complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. § 2225. 40. Agrees that all publications created or published with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate or the U.S. Department of Homeland Security." The Recipient also agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." 41. Acknowledges that DHS/FEMA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for federal government purposes: a) the copyright in any work developed under an award or sub -award; and b) any rights of copyright to which a Recipient or sub -recipient purchases ownership with federal support. The Recipient agrees to consult with DHS/FEMA and Cal OES regarding the allocation of any patent rights that arise from, or are purchased with, this funding and has requested through the State of California, federal financial assistance to be used to perform eligible work approved in the submitted application for federal assistance and after the receipt of federal financial assistance, through the State of California, agrees to the following: a. Promptly return to the State of California all funds received which exceed the approved, actual expenditures as determined by the federal or state government. b. In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. c. Property and equipment purchased under the HSGP reverts to Cal OES if the grant funds are deobligated or disallowed and not promptly repaid. d. HSGP funds used for the improvement of real property must be promptly repaid following deobligation or disallowment of costs, and Cal OES reserves the right to place a lien on the property for the amount owed. e. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100 per federal fiscal year. 42. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. §§ 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 43. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 44. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. 45. Agrees that "Classified national security information," as defined in Executive Order (EO) 12958, as amended or updated via later executive order(s) , means information that has been determined pursuant to EO 12958 to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. No funding under this award shall be used to support a contract, Page 6 Initials subaward, or other agreement for goods or services that will include access to classified national security information if the Award Recipient has not been approved for and granted access to such information by appropriate authorities. 46. Agrees that where an Award Recipient has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information by the contractor, subrecipient, or other entity without prior written approval from the DHS Office of Security, Industrial Security Program Branch (ISPB), or, an appropriate official within the federal department or agency with whom the classified effort will be performed. Such contracts, subawards, or other agreements shall be processed and administered in accordance with the DHS "Standard Operating Procedures, Classified Contracting by States and Local Entities," dated July 7, 2008; EOs 12829, 12958, 12968, and other applicable executive orders; the National Industrial Security Program Operating Manual (NISPOM); and other applicable implementing directives or instructions. Security requirement documents may be located at: http://www.dhs.gov/xopnbizierants/index.shtm 47. Immediately upon determination by the Award Recipient that funding under this award may be used to support a contract, subaward, or other agreement involving access to classified national security information pursuant to paragraph 47, and prior to execution of any actions to facilitate the acquisition of such a contract, subaward, or other agreement, the Award Recipient shall contact ISPB, and the applicable federal department or agency, for approval and processing instructions. DHS Office of Security 1SPB contact information: Telephone: 202-447-5346 Email: DD254AdministrativeSecurity@dhs.gov Mail: Department of Homeland Security Office of the Chief Security Officer ATTN: ASD/Industrial Security Program Branch Washington, D.C. 20528 48. Will comply with the requirements regarding Data Universal Numbering System (DUNS) numbers. If recipients are authorized to make subawards under this award, they must first notify potential subrecipients that no entity may receive or make a subaward to any entity unless the entity has provided a DUNS number. 49. For purposes of this award term, the following definitions will apply: a. "Data Universal Numbering System (DUNS)" number means the nine digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866-705-5711) or the Internet, currently at http:/ /fedgov.dnb.coin/webform. b. "Entity", as it is used in this award term, means all of the following, as defined at 2 CFR Part 25, Subpart C, as a governmental organization, which is a state, local government, or Indian Tribe; or a foreign public entity; or a domestic or foreign nonprofit organization; or a domestic or foreign for - profit organization; or a federal agency, but only as a subrecipient under an award or subaward to a non-federal entity. c. "Subaward" means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the Recipient award to an eligible subrecipient. It does not include your procurement of property and services needed to carry out the project or program (for further explanation, see § 210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations") and may be provided through any legal agreement, including an agreement that you consider a contract. d. "Subrecipient" means an entity that receives a subaward from you under this award, and is accountable to you for the use of the federal funds provided by the subaward. Page 7 Initials 50. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally -assisted construction sub - agreements. 51. Agrees that equipment acquired or obtained with grant funds: a. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement, in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the Applicant, and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. 52. Will comply with the financial and administrative requirements set forth in the current edition of the DHS Financial Management Guide. 53. Agrees that all allocations and use of funds under this grant will be in accordance with the FY 2013 Homeland Security Grant Program Funding Opportunity Announcement, and the California Supplement to the FY 2013 Homeland Security Grant Program Funding Opportunity Announcement. All allocations and use of funds under this grant will be in accordance with the Allocations, and use of grant funding must support the goals and objectives included in the State and/or Urban Area Homeland Security Strategies as well as the investments identified in the Investment Justifications which were submitted as part of the California FY2013 Homeland Security Grant Program application. Further, use of FY13 funds is limited to those investments included in the California FY13 Investment Justifications submitted to DHS/FEMA and Cal OES and evaluated through the peer review process. 54. Will comply with Homeland Security Presidential Directive (HSPD)-5, Management of Domestic Incidents. The adoption of the National Incident Management System (NIMS) is a requirement to receive federal preparedness assistance, through grants, contracts, and other activities. The NIMS provides a consistent nationwide template to enable all levels of government, tribal nations, nongovernmental organizations, and private sector partners to work together to prevent, protect against, respond to, recover from, and mitigate the effects of incidents, regardless of cause, size, location, or complexity. 55. Will comply with OMB Standard Form 424B Assurances — Non -construction Programs, whereby the awarding agency may require subgrantees and subrecipients to certify to additional assurances. 56. Will not make any award or permit any award (subgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension". As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 17, for prospective participants in primary coveredtransactions, the Applicant will provide protection against waste, fraud and abuse, by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. Applicant certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or agency. b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction, violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. Page 8 Initials c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and have not within a three-year period preceding this application had one or more public transactions (federal, state, or local) terminated for cause or default; and d. Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 57. Will comply with requirements to acknowledge federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. 58. Will comply with requirements that publications or other exercise of copyright for any work first produced under federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled by the government (e.g., classified information or other information subject to national security or export control laws or regulations). For any scientific, technical, or other copyright work based on or containing data first produced under this award, including those works published in academic, technical or professional journals, symposia proceedings, or similar works, the recipient grants the government a royalty -free, nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or prepare derivative works, and to authorize others to do so, for government purposes in all such copyrighted works. The Recipient shall affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and an acknowledgement of government sponsorship (including award number) to any work first produced under an award. 59. Will obtain, via Cal OES, the prior approval from DHS on any use of the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. 60. Will comply with the requirements of the Preference for U.S. Flag Air Carriers: Travel supported by U.S. Government funds requirement, which states preference for the use of U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942. 61. Will comply with the requirements of the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), which requires that all organizations receiving grants from any federal agency agree to maintain a drug -free workplace. The Recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for debarment. These regulations are codified at 2 CFR 3001. 62. Will comply with the requirements of the government -wide award term which implements § 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 CFR Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. In accordance with Section 106(g) of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate th.e award, without penalty, if the Recipient or a subrecipient engages in severe forms of trafficking in persons during the period of time that the award is in effect, procures a commercial sex act during the period of time that the award is in effect; or uses forced labor in the performance of the award or subawards under the award. Full text of the award term is provided at 2 CFR § 175.15. 63. Will comply with the requirements of Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance; national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI, Page 9 Initials Recipients must take reasonable steps to ensure that LEP persons have meaningful access to your programs. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Recipients are encouraged to consider the need for language services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. For assistance and information regarding LEP obligations, go to http://www.leo.gov. 64. Will comply with the requirements of 42 U.S.C. § 7401 et seq. and Executive Order 11738, which provides for the protection and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters is considered research for other purposes. 65. Will comply with the requirements of the federal regulations at 45 CFR Part 46 and the requirements in DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is governed by applicable state and local law and is not directly regulated by 45 CFR Part 46. 66. Will comply with the requi e„lents of the National Environmental Policy Act (NEPA), as amended, 42 U.S.C. § 4331 et seq., which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA for its grant -supported activities, DHS requires the environmental aspects of construction grants (and certain non -construction projects as specified by the Component and awarding office) to be reviewed and evaluated before final action on the application. 67. Will comply with the requirements of § 1306(c) of the National Flood Insurance Act, as amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate state or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. These regulations are codified at 44 CFR Part 63. 68. Will comply with the requirements of the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. § 4001 et seq.), which provides that no federal financial assistance to acquire, modernize, or construct property may be provided in identified flood -prone communities in the United States, unless the community participates in the National Flood Insurance Program and flood insurance is purchased within one year of the identification. The flood insurance purchase requirement applies to both public and private applicants for DHS support. Lists of flood -prone areas that are eligible for flood insurance are published in the Federal Register by FEMA. 69. Will comply with the requirements of Executive Order 11990, which provides that federally funded construction and improvements minimize the destruction, loss, or degradation of wetlands. The Executive Order provides that, in furtherance of § 101(b)(3) of NEPA (42 U.S.C. § 4331(b)(3)), federal agencies, to the extent permitted by law, must avoid undertaking or assisting with new construction located in wetlands unless the head of the agency finds that there is no practicable alternative to such construction, and that the proposed action includes all practicable measures to minimize harm to wetlands that may result from such use. In making this finding, the head of the agency may take into account economic, environmental, and other pertinent factors. The public disclosure requirement described above also pertains to early public review of any plans or proposals for new construction in wetlands. This is codified at 44 CFR Part 9. 70. Will comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c. Among other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, Page 10 Initials bona fide research, or other peaceful purpose. The act also establishes restrictions on access to specified materials. "Restricted persons," as defined by the act, may not possess, ship, transport, or receive any biological agent or toxin that is listed as a select agent. 71. Understands the reporting of subawards and executive compensation rules, including first tier subawards to Cal OES. a. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in federal funds that does not include Recovery funds (as defined in § 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, b. Where and when to report: you must report on each obligating action described in the following paragraphs to Cal OES. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2011, the obligation must be reported by no later than December 31, 2011.) c. What to report: You must report the information about each obligating action that the submission instructions posted in Information Bulletin 350, to Cal OES. To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm. Subgrantees must report subrecipient executive total compensation to Cal OES by the end of the month following the month during which you make the subaward. Exemptions include: If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report on subawards, and the total compensation of the five most highly compensated executives of any subrecipient. d. Reporting Total Compensation of Recipient Executives: You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if i. the total federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received 80 percent or more of your annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and $25,000,000 or more in annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under § 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or § 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomn.htm.) iv. Subrecipient Executives. Unless you are exempt as provided above, for each first -tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if in the subrecipient's preceding fiscal year, the subrecipient received 80 percent or more of its annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and $25,000,000 or more in annual gross revenues from federal procurement contracts (and subcontracts), and federal financial assistance subject to the Transparency Act (and subawards); and the public does not have access to information about the compensation of the executives through periodic reports filed under § 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or § 6104 of the Internal Revenue Code of 1986. 72. Understands that failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. Page 11 Initials The undersigned represents that he/she is authorized by the above named Applicant to enter into this agreement for and on behalf of the said Applicant. Signature of Authorized Agent: Printed Name of Authorized Agent: Title: CLAW d7 % l/ // Date: 2 - / 7- / 9 Page 12 U.S. Department of Homeland Security Washington, DC 20472 FEMA January 1, 2014 Scott Sano California Governor's Office of Emergency Services (Cal OES) Grants Management Homeland Security and Prop 1B Infrastructure Protection Grants Unit 3650 Schiever Avenue Mather, CA, 95655 Dear Mr. Sano: Please be advised that, based on the Department of Homeland Security, Federal Emergency Management Agency's (FEMA) Operation Stonegarden Grant Program (OPSG) guidelines and special conditions associated with this program, the below referenced Operations Order is conditionally approved: Operations Order No: 14-SDCSDC-11-004 Fiscal Year: 2013 Amount Approved: $6,660,699.00 Operations Order Dates: 10/01/13-09/30/2014 Recipient: San Diego County Pending approval of the Personnel Cap Waiver by the FEMA Administrator, San Diego County is authorized to spend up to, but must not exceed, 50 percent of the FY 2013 Operation Stonegarden allocation issued by FEMA. A subsequent approval letter will be issued for this Operations Order upon receipt of the FEMA Administrator's approval. Expenditures from the Operations Order that were reviewed and approved by FEMA and U.S. Customs and Border Protection/Border Patrol (CBP) include: overtime and fringe costs, fuel and maintenance costs, equipment purchases, mileage, travel, and maintenance and administration costs. These expenses will assist the County in conducting border centric, intelligence driven operations with the goal of reduction or elimination of threat, risk and vulnerability along our Nations' borders. Please find the below special conditions associated with OPSG and retain this letter for your grant files. If you have any questions, please feel free to contact me at (202)786-9602. Sincerely, 7enni f r ?vl sci e( FOR OFFICIAL USE ONLY — LAW ENFORCEMENT SENSITIVE Jennifer Mischel Program Analyst U.S. Department of Homeland Security Federal Emergency Management Agency Grant Programs Directorate Cc: U.S. Customs and Border Protection/ Border Patrol The following Special Conditions are associated with this Operation Stonegarden award: 1. Construction and construction -type activities are prohibited. 2. Lethal or less than lethal forces including, but not limited to: weapons, firearms, ammunition and tasers are prohibited. 3. Per the Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRICE) of Homeland Security Act (Public Law 110-412), the sum of all personnel related expenses shall not exceed 50% of the recipient's allocation without first obtaining a waiver from the FEMA Administrator. 4. All participating agencies shall monitor, review and track expenditures of OPSG funds under individual Operations Orders issued. Participating agencies shall not obligate, and/or encumber OPSG grant funds beyond the total of their allocation issued by FEMA. 5. The Operations Order has been reviewed and approved under the Environmental and Historic Preservation Program (EHP) guidelines as being categorically excluded from further EHP review. 6. Recipients must submit a letter of justification for all proposed vehicles or equipment items in excess of $100,000. This justification will be reviewed by CBP and FEMA. FOR OFFICIAL USE ONLY - LAW ENFORCEMENT SENSITIVE RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORING THE ACCEPTANCE OF THE 2013 OPERATION STONEGARDEN GRANT IN THE AMOUNT OF $35,000, AUTHORIZING THE CHIEF OF POLICE TO EXECUTE THE AGREEMENT FOR THE AWARD OF THE GRANT FUNDS, AND AUTHORIZING THE ESTABLISHMENT OF FUND APPROPRIATIONS AND A CORRESPONDING REVENUE BUDGET IN THE AMOUNT OF THE GRANT FOR REIMBURSEMENT OF OVERTIME, FRINGE BENEFITS AND MILEAGE FOR PROGRAMMATIC OPERATIONS, PRIOR TO THE GRANT DEADLINE OF MAY 31, 2015, THE GRANT FUNDS MUST BE USED FOR OVERTIME REIMBURSEMENT PRIOR TO THAT DEADLINE, TO ENABLE STAFF TO CLAIM REIMBURSEMENT OUT OF THE GRANT FUNDING BY MARCH 31, 2015 DEADLINE WHEREAS, the County of San Diego, through the San Diego Sheriff's Department has received $6,660,669 in federal government grant funds from the U.S. Department of Homeland Security (DHS), passed through the California Emergency Management Agency (CaIEMA) for the Fiscal Year 2013 Operation Stonegarden Grant; and WHEREAS, Operation Stonegarden is designed to enhance law enforcement preparedness and operational readiness along the land and water borders of the United States and to address cross -border crime in the region; and WHEREAS, the National City Police Department's participation is governed through an Agreement for the FY 2010 Operation Stonegarden Grant with the San Diego County Sheriff's Department; and WHEREAS, as one of the 20 participant agencies, the National City Police Department's share of grant funding is $35,000, which will be used for reimbursement of overtime, fringe benefits, and mileage for programmatic operations; and WHEREAS, the San Diego County Sherriff's Department is responsible for coordinating the reimbursement requests for the grant funds; and WHEREAS, to ensure that the Police Department purchases equipment and executes programmatic operations prior to the grant deadline of May 31, 2015, the grant funds must be used to order and/or receive equipment and overtime reimbursement prior to that deadline, to enable staff to claim reimbursement out of the grant funding by the March 31 2015 deadline, unless an extension beyond the deadline is approved by the U.S. Department of Homeland Security (DHS) through the California Emergency Management Agency (CaIEMA). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the acceptance of the Fiscal Year 2013 Operation Stonegarden Grant in the amount to $35,000. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Chief of Police to execute the Agreement for the 2013 Operation Stonegarden Grant. Said Agreement is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that City funds in the amount of $35,000 are authorized for overtime, fringe benefits, and mileage for the Police Department, and directs staff to request reimbursement for such expenditures from the San Diego County Sherriff's Department. Resolution No. 2014 — Page Two BE IT FURTHER RESOLVED that the City Council hereby authorizes the establishment of fund appropriations and a corresponding revenue budget. PASSED and ADOPTED this 4th day of March, 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 EETING DATE: March 4, 2014 AGENDA ITEM NO. 5 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of one blue curb handicap parking space and two, 30-minute time restricted parking spaces on E. 2nd Street in front of the business at 140 Highland Avenue (TSC 2014-03) 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 to install one blue curb handicap parking space and two, 30-minute time restricted parking spaces on E. 2nd Street in front of the business at 140 Highland Avenue. BOARD / COMMISSION RECOMMENDATION: At their meeting on February 12, 2014, the Traffic Safety Committee unanimously approved the staff recommendation to install one blue curb handicap parking space and two, 30-minute time restricted parking spaces on E. 2nd Street in front of the business at 140 Highland Avenue. TTACHMENTS: 1. Explanation 2. Staff Report to the Traffic Safety Committee on February 12, 2014 (TSC 2014-03) 3. Resolution EXPLANATION Mr. Pedro Canas, small-business owner of a barbershop at 140 Highland Avenue, has requested a blue curb handicap parking space in front of his establishment due to physical limitations of some of his customers. In addition, he has requested two "green curb" 30-minute, time restricted parking spaces to facilitate and increase parking turnover for his customers. The business is located on the north side of E. 2nd Street at the northwest corner of Highland Avenue and E. 2nd Street. Mr. Canas' business does not have off-street parking available for customers. Mr. Canas stated that parking on E. 2nd Street is typically occupied by nearby residents, resulting in lack of available parking for his customers. Installation of time restricted parking is appropriate for local businesses to encourage higher parking turnover and more efficient enforcement. On January 23, 2014, staff met with Mr. Canas at his business. Staff verified that Mr. Canas' business does not have off-street parking. Currently, there are no handicap parking spaces provide nearby. There is approximately 60 feet of unrestricted curbside parking available in front of Mr. Canas' business on the north side of E. 2nd Street between Highland Avenue and the first residential driveway located at 735 E. 2nd Street. This would allow for one blue curb handicap parking space and two "green curb" 30-minute, time restricted parking spaces. According to Mr. Canas, the owner of 735 E. 2nd Street also owns his building and is in support of time restricted parking. Staff recommends installation of one, 20-foot long blue curb handicap parking space with sign on E. 2nd Street in front of 140 Highland Avenue and two, 20-foot long "green curb" 30-minute, time restricted parking spaces with signage (8:00 AM to 6:00 PM, Monday through Saturday) immediately west of the proposed handicap parking space. At their meeting on February 12, 2014, the Traffic Safety Committee unanimously approved the staff recommendation to install one blue curb handicap parking space and two, 30-minute time restricted parking spaces on E. 2nd Street in front of the business at 140 Highland Avenue. If approved by City Council, all work will be performed by City Public Works. NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR FEBRUARY 12, 2014 ITEM TITLE: ITEM NO. 2014-03 REQUEST TO INSTALL ONE BLUE CURB HANDICAP PARKING SPACE AND TWO 30-MINUTE TIME RESTRICTED PARKING SPACES ON E. 2ND STREET IN FRONT OF THE BUSINESS AT 140 HIGHLAND AVENUE (BY P. CANAS) PREPARED BY: Kenneth Fernandez, P.E. Engineering and Public Works Department, Engineering Division DISCUSSION: Mr. Pedro Canas, small-business owner of a barbershop at 140 Highland Avenue, has requested a blue curb handicap parking space in front of his establishment due to physical limitations of some of his customers. In addition, he has requested two "green curb" 30-minute, time restricted parking spaces to facilitate and increase parking turnover for his customers. The business is located on the north side of E. 2nd Street at the northwest corner of Highland Avenue and E. 2nd Street. Mr. Canas' business does not have off-street parking available for customers. Mr. Canas stated that parking on E. 2nd Street is typically occupied by nearby residents, resulting in lack of available parking for his customers. Installation of time restricted parking is appropriate for local businesses to encourage higher parking turnover and more efficient enforcement. On January 23, 2014, staff met with Mr. Canas at his business. Staff verified that Mr. Canas' business does not have off-street parking. Currently, there are no handicap parking spaces provide nearby. There is approximately 60 feet of unrestricted curbside parking available in front of Mr. Canas' business on the north side of E. 2nd Street between Highland Avenue and the first residential driveway located at 735 E. 2nd Street. This would allow for one blue curb handicap parking space and two green curb 30- minute, time restricted parking spaces. According to Mr. Canas, the owner of 735 E. 2nd Street also owns his building and is in support of time restricted parking. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council's "Disabled Persons Parking Policy" requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates or placard for "disabled persons" or "disabled veterans". This condition is met (as it extends to customers when pertaining to businesses.) 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence/business. This condition is met. -1- The residence/business must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is met. Per the City Council Disabled Persons Parking Policy, Mr. Canas' request is eligible for further consideration. It shall be noted that handicap parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates or placards may park in handicap spaces. STAFF RECOMMENDATION: 1. Since all three conditions of the City Council's "Disabled Persons Parking Policy" are met for this "Special Hardship" case, staff recommends installation of one 20- foot long blue curb handicap parking space with signage on E. 2nd Street in front of 140 Highland Avenue. 2. Staff recommends the installation of two 20-foot long "green curb" 30-minute, time restricted parking spaces with signage (Monday through Saturday, 8:00 AM to 6:00 PM) immediately west of the proposed handicap parking space. EXHIBITS: 1. Location Map 2. Photos 3. Disabled Persons Parking Policy 2014-03 -2- Location Map Proposed Two Green Curb 30- Minute, Time Restricted Parking Spaces Business at 140 Highland Ave — E. 2"d St, west of Highland Ave (looking northwest) Business at 140 Highland Ave — E. 2"d St, west of Highland Ave (looking northeast) -4- DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parking spaces at major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Motor Vehicles. The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21101, et seq. at the following facilities: 1. Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc. Hospitals and convalescent homes with more than 75-bed capacity. Medical facilities and doctors' offices staffed by a maximum of five practitioners, Zones shall be located to serve a maximum number of facilities on one block. Community service facilities such as senior citizens service centers, etc. 5. Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons. Employment offices for major enterprises employing more. than 200 persons. Public recreational facilities including municipal swimming pools, recreation halls, museums, etc. Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity. 9. Other places of assembly such as schools and churches. 10. Commercial and/or office building(s) with an aggregate of more than 50,000 square feet of usable floor space. Zone shall be located to serve a maximum number of facilities on one block. 11. Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day. -5- 12. A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units. In addition, disabled persons parking spaces may be provided within all publicly owned, leased or controlled off-street parking facilities as specified in the General Requirements. General Requirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant). Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area. Disabled persons parking will not be installed at locations with a full-time parking prohibition. When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition. The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities. In establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on -going nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program. Special Hardship Cases It is not the intention of the City to provide personal reserved parking on the public right-jof-way, especially in residential areas. However, exceptions may be made, in special hardship cases, provided all of the following conditions exists: (1) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans." (2) The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. -6- (3) Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking. NOTE:It must be emphasized that such parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in the above stalls. Jha:p -7- RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGN, AND TWO 30-MINUTE TIME RESTRICTED PARKING SPACES WITH SIGNS ON EAST 2ND STREET IN FRONT OF THE BUSINESS LOCATED AT 140 HIGHLAND AVENUE WHEREAS, the owner of a business located at 140 Highland Avenue has requested a blue curb handicap parking space in front of his establishment due to the physical limitations of some of his customers, and two "green curb" 30-minute time restricted parking spaces to facilitate and increase parking turnover for his customers; and WHEREAS, after conducting an inspection and review of the site, staff recommends the installation of one 20-foot blue curb handicap parking space with sign on East 2nd Street in front of the business located at 140 Highland Avenue, and two 20-foot long green curb 30-minute time restricted parking spaces immediately west of the proposed handicap parking space with signage indicating 30-minute parking from 8:00 a.m. to 6:00 p.m., Monday through Saturday; and WHEREAS, the Traffic Safety Committee approved staff's recommendation at its February 12, 2014 meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of one 20-foot blue curb handicap parking space with sign on East 2nd Street in front of the business located at 140 Highland Avenue, and two 20-foot long green curb 30-minute time restricted parking spaces immediately west of the proposed handicap parking space with signage indicating 30-minute parking from 8:00 a.m. to 6:00 p.m., Monday through Saturday. PASSED and ADOPTED this 4th day of March, 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 ETING DATE: March 4, 2014 AGENDA ITEM NO. 6 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with sign in front of 1036 Hoover Avenue (TSC 2014-01) 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 to install a blue curb handicap parking space with sign in front of residence at 1036 Hoover Avenue. BOARD / COMMISSION RECOMMENDATION: At their meeting on February 12, 2014, the Traffic Safety Committee unanimously approved the staff recommendation to install a blue curb handicap parking space with sign in front of residence at 1036 Hoover Avenue. ATTACHMENTS: 1. Explanation 2. Staff Report to the Traffic Safety Committee on February 12, 2014 (TSC 2014-01) 3. Resolution EXPLANATION Mr. Roberto Gonzalez, resident of 1036 Hoover Avenue has requested a blue curb handicap parking space in front of his residence due to physical limitations. The residence is located on the west side of Hoover Avenue near the northwest corner of Hoover Avenue and W. 11"' Street within Residential Permit Parking District "C". Mr. Gonzalez possesses a valid disabled person placard from the California Department of Motor Vehicles. Staff visited the site and verified that the residence does not have a driveway or garage to accommodate a vehicle. Currently there are on -street disabled parking spaces provided at 1048 Roosevelt Avenue (two spaces) and 1140 Coolidge Avenue (one space). However, these locations are approximately 600 and 700 linear feet respectively from Mr. Gonzalez's residence. Based on the site evaluation, staff has determined that accessible parking is not available on the property. At their meeting on February 12, 2014, the Traffic Safety Committee unanimously approved the staff recommendation to install blue curb handicap parking space with sign in front of the residence at 1036 Hoover Avenue. If approved by City Council, all work will be performed by City Public Works. 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR FEBRUARY 12, 2014 ITEM TITLE: ITEM NO. 2014-01 REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE IN FRONT OF 1036 HOOVER AVENUE (BY R. GONZALEZ) PREPARED BY: Kenneth Fernandez, P.E. Engineering and Public Works Department, Engineering Division DISCUSSION: Mr. Roberto Gonzalez, resident of 1036 Hoover Avenue, has requested a blue curb handicap parking space in front of his residence due to physical limitations. The residence is located on the west side of Hoover Avenue near the northwest corner of Hoover Avenue and W. 11th Street within Residential Permit Parking District "C". Mr. Gonzalez possesses a valid disabled person placard from the California Department of Motor Vehicles. Staff visited the site and verified that the aforementioned residence does not have a driveway or garage to accommodate a vehicle. Currently, there are on -street disabled parking spaces provided at 1048 Roosevelt Avenue (two spaces) and 1140 Coolidge Avenue (one space). However, both locations are approximate 600 and 700 linear feet, respectively, from Mr. Gonzalez's residence. Based on the site evaluation, staff has determined that accessible parking is not available on the property. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates or placard for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is met. Per the City Council Disabled Persons Parking Policy, Mr. Gonzalez's request is eligible for further consideration. It shall be noted that handicap parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates or placards may park in handicap spaces. -1- STAFF RECOMMENDATION: Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installation of a blue curb handicap parking space with signage in front of the residence at 1036 Hoover Avenue. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 4. Disabled Persons Parking Policy 2014-01 -2- I hereby request a handicap zone painted on the curb in front of my house due to all the car repair shops near my house which Is 1036 Hoover Ave. I have limited movement ability. These repair shops tend to take the limited parking spaces. re) lf) cr )44",r24,V ROBERTO GONZAL.EZ 1036 HOOVER AVE S 1 c(� aY'�tJ -3- 1 TYPE: N1 TV:92 DOB: 12/01/1935 ISSUED TO GONZALEZ ROBERTO 1056 HOOVER AVE NATIONAL CITY CA 91950 Purchase of fuel (Business & Professions Code 13860): + disabled person ssvehicle attsellff service rates except self-service facilities with only one cashier. DEPARTMENT OF MOTOR VEHICLES DISABLED PERSON PLACARD IDENTIFICATION CARD/RECEIPT PLACARD NUMBER: J075859 EXPIRES: 06/30/2015 DATE ISSUED: 03/21/2013 This Identification card or facsimile copy Is to be carried by the placard owner. Present It to any peace officer upon demand. Immediately notify DMV by mall of any change of address. When parking, hang the placard from the rear view mirror, remove It from the mlrror when driving. When your placard Is properly displayed, CO: 37you may park In or on: * Disabled person parking spaces (blue zones) • Street metered zones without paying. • Green zones without restrictions to time limits. • Streets where preferential parking privileges are given to residents end merchants. You may not park In or on: " Red, Yellow, White or Tow Away Zones. . Crosshatch marked spaces next to disabled person parking spaces. It Is considered misuse to: * Display a placard unless the disabled owner Is being transported. • Display a placard which has been cancelled or revoked. • Loan your placard to anyone, Including family members. Misuse is a misdemeanor (section 4461VC) and can result In cancellation or revocation of the placard, Toss of parking privileges, and/or fines. Der onnam xwwlD) REMOVE FROM 3NMIRROR BEFORE DRIVING VEHICLE ALOHA Y4A,7�S %= 1.aljats, :sf )tc.:le�r �t� g5Yrt7f'iti_>r - -5- Existing Blue Curb Disabled Parking at 1140 Coolidge Avenue Location Map 1033 Hoover Avenue Proposed Blue Curb Disabled Parking R99 (CA) 4s Two Existing Blue Curb Disabled Parking Spaces at 1018 Roosevelt Avenue Location of Proposed Blue Curb and Signage at 1036 Hoover (looking west) 1036 & 1040 Hoover Avenue (looking northwest at intersection of Hoover Avenue and W. 11th Street) -7- DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parking spaces at major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Motor Vehicles. The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21101, et seq. at the following facilities: Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc. 2. Hospitals and convalescent homes with more than 75-bed capacity. 3. Medical facilities and doctors' offices staffed by a maximum of five practitioners. Zones shall be located to serve a maximum number of facilities on one block. 4. Community service facilities such as senior citizens service centers, etc. 5. Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons. 6. Employment offices for major enterprises employing more. than 200 persons. 7. Public recreational facilities .including municipal swimming pools, recreation halls, museums, etc. 8. Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity. 9. Other places of assembly such as schools and churches. 10. Commercial and/or office building(s) with an aggregate of more than 50,000 square feet of usable floor space. Zone shall be located to serve a maximum number of facilities on one block. 11. Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day. -8- 12. A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units. In addition, disabled persons parking spaces may be provided within all publicly owned, leased or controlled off-street parking facilities as specified in the General Requirements. General Requirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant). Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area. Disabled persons parking will not be installed at locations with a full-time parking prohibition. When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition. The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities. In establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on -going nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program. Special Hardship Cases It is not the intention of the City to provide personal reserved parking on the public right-jof-way, especially in residential areas. However, exceptions may be made, in special hardship cases, provided all of the following conditions exists: (1) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans." (2) The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. -9- Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking. NOTE:It must be emphasized that such parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in the above stalls. (3) Jha:p -10- RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGN AT 1036 HOOVER AVENUE WHEREAS, a resident with a disabled placard requested the installation of a blue curb handicap parking space in front of his home at 1036 Hoover Avenue; and WHEREAS, after conducting an inspection and review of the site, staff determined that all conditions have been met for the property to qualify for a blue curb handicap parking space; and WHEREAS, the Traffic Safety Committee approved staff's recommendation at its February 12, 2014 meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of a blue curb handicap parking space with sign in front of the residence at 1036 Hoover Avenue. PASSED and ADOPTED this 4th day of March, 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 ETING DATE: March 4, 2014 AGENDA ITEM NO. 7 ITEM TITLE: Resolution of the City Council of the City of National City approving and authorizing the Mayor to sign an Encroachment Agreement with Frank Motors, Inc., located at 3150 National City Boulevard, for the installation of three groundwater monitoring wells in the public right-of-way along National City Boulevard and W. 33rd Street, as directed by the County of San Diego Department of Environmental Health 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 approving and authorizing the Mayor to sign an Encroachment Agreement with Frank Motors, Inc. for the installation of three groundwater monitoring wells in the public right of way. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Encroachment Agreement 3. Resolution EXPLANATON: Frank Motors, Inc., the owner of the property located at 3150 National City Boulevard, has been directed by the County of San Diego Department of Environmental Health to install three new groundwater monitoring wells in the public right-of-way along National City Boulevard and W. 33rd Street for sampling and reporting of groundwater contaminants. Frank Motors, Inc. has contracted with SCS Engineers to install the monitoring wells and perform the sampling services. The proposed wells shall not exceed thirty feet in total depth, and shall have an eight inch boring, two inch PVC casing, a sand filter pack, annular fill material of Bentonite Chips and a three foot diameter radial concrete surface seal with a twelve inch traffic rated protective casing. FEE: $490.00 MONITORING WELL ENCROACHMENT PERMIT AND AGREEMENT The City of National City hereby grants an Encroachment Permit to the undersigned, Frank Motors, Inc. (hereinafter referred to as "PERMITTEE") in accordance with and pursuant to the terms and conditions set forth in Chapter 13.12 of the National City Municipal Code to install monitoring wells. The term "PERMITTEE" includes all successors in interest and assigns of the PERMITTEE. The PERMITTEE, in consideration of this grant of permission by the City of National City (hereinafter referred to as "CITY") to install and maintain MONITORING WELLS (all hereafter designated from time to time as an "encroachment") within or upon a CITY easement, property, or right-of-way for the use and benefit of PERMITTEE'S property and adjacent lands, now covenants and agrees as follows: The site of installation and any description of PERMITTEE'S encroachment are described in EXHIBIT A, attached. The terms and conditions under which the encroachment is to be installed and maintained are as follows: 1. This Encroachment Permit and Agreement (collectively hereafter, AGREEMENT) is made for the direct benefit of PERMITTEE and PERMITTEE's property described above, and the covenants herein contained shall be binding on the PERMITTEE and its assigns and successors. This AGREEMENT is issued pursuant to Chapter 13.12 of the National City Municipal Code, the terms of which PERMITTEE hereby specifically acknowledges, accepts. and agrees to. PERMII'1'EE also acknowledges that those terms and conditions include, without limitation, the CITY's right to require the removal, relocation, or undergrounding of the encroachment when deemed necessary and feasible by and in the sole discretion of the City Engineer, at PERMITTEE's expense. The terms and conditions of Chapter 13.12 shall govern the interpretation and application of this Encroachment Permit, the maintenance of the encroachment, and the PERMITTEE'S duties and obligations. In the event of litigation to enforce any of the terms and conditions of this permit, the CITY shall be entitled to its attorney's fees and costs of enforcement. A copy of this Encroachment Agreement may be recorded against the PERMI1 1 BE's real property that may be benefited by the installation and maintenance of the encroachment. Upon request by CITY, PERMITTEE shall record this Encroachment Agreement with the County of San Diego , County Recorder's Office, and upon recordation shall return the original to the CITY. 2. The encroachment shall be maintained in a safe and sanitary condition at all times at the sole cost, risk, and responsibility of PERMITTEE and all successors in interest, so long as the encroachment exists. 3. Upon notification in writing by CITY's City Engineer, the above described encroachment shall be abandoned, removed, or relocated by PERMITTEE at the PERMITTEE's sole expense. If PERMITTEE fails to remove or relocate the encroachment herein permitted within thirty (30) days after notice of removal or relocation from the CITY, CITY may cause such removal or relocation to be done at PERMITTEE's sole cost and expense, which cost shall be a lien upon the land benefited by the encroachment and the personal liability of the PERMITTEE. 4. PERMITTEE shall furnish the CITY with a faithful performance bond as security for the prompt completion of the installation, removal, abandonment, and all appurtenant operations, including any necessary subsequent street resurfacing or restriping required for installing or maintaining the encroachment, which bond shall be maintained so long as the encroachment exists. -1- 5. CITY shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of PERMITTEE's construction, installation, maintenance, repair, use, operation, condition, or dismantling of the monitoring wells or the encroachment except to the extent caused by CITY's sole negligence or willful misconduct. 6. PERMITTEE shall indemnify, defend, and hold harmless CITY and its officers, agents, and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising out of PERMITTEE's entry upon and use of CITY's easement or right-of-way for the installation, maintenance, removal, and use of the PERMITTEE's encroachment. PERMITTEE shall indemnify, defend, and hold harmless CITY and its officers, agents, and employees from all liability, loss, costs, claims, demands, suits, clean-up costs, and defense costs, including attorneys' fees and expert witness fees, arising out of or related to PERMITTEE's monitoring wells subject to this Agreement, except for those claims which arise out of the sole negligence or willful misconduct of the CITY. 7. Insurance. PERMITTEE shall take out and maintain, during the time the encroachment remains on CITY's easement or right-of-way, commercial general liability insurance with minimum limits of Two Million Dollars ($2,000,000.00) per occurrence, and Four Million Dollars ($4,000,000) aggregate, covering all claims of bodily injury, including death, and property damage arising out of this Agreement. PERMITTEE shall take out and maintain, during the time the encroachment remains on CITY's easement or right-of-way, pollution liability coverage with minimum limits of Three Million Dollars ($3,000,000) per occurrence covering all claims of bodily injury, including death, and property damage arising out of this Agreement. PERMITTEE shall take out and maintain workers' compensation insurance covering all of PERMITTEE's employees, with limits sufficient to satisfy California statutory requirements. In addition, PERMITTEE shall take out and maintain employer's liability coverage with limits of not less then One Million Dollars ($1,000,000) per occurrence. The policy shall be endorsed with a waiver of subrogation as to the CITY. All policies required by this Agreement shall be written by insurers licensed to do business in the State of California, which are rated at least "A, VII" by the current A.M Best Ratings Guide and otherwise approved by CITY's Risk Manager. Coverage written by non -admitted, surplus lines carriers may be acceptable provided the insurer is included in the most recent California List of Eligible Surplus Lines Carriers (LESLI list) and otherwise meets CITY insurance requirements. Coverage shall be written on occurrence forms; in the event coverage is written on a claims made form, the retro date must be on or before commencement of this Agreement, and coverage must be maintained for a period of at least three (3) years following the termination of this Agreement. All deductibles and/or self -insured retentions must be disclosed on the certificate of insurance. These policies shall name CITY and its officers, agents, and employees as additional insureds, and shall constitute primary insurance as to CITY and its officers, agents, and employees, so that any other policies held by CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to CITY of cancellation or material change. Prior to commencement of this Agreement, PERMITTEE shall furnish CITY a certificate of insurance with all required endorsements evidencing the coverage required by this section. Should PERMITTEE fail to do so, CITY may elect to obtain such coverage at PERMITTEE'S expense or immediately terminate this Agreement, and require removal of the encroachment. 8. PERMITTEE is further responsible for obtaining any required construction, excavation, or building permits; for notification to Underground Service Alert, when applicable; and for the safe installation and maintenance of the encroachment at all times. 2 Encroachment Permit and Agreement Monitoring Well -2- 9. This Encroachment Permit shall not be valid nor confer any rights to install and maintain an encroachment until it is approved by the CITY, and accepted and acknowledged by the PERMITTEE, and if determined necessary by the CITY, recorded. ] 0. PERMITTEE shall within 48 hours upon written notification by the CITY adjust, or cause to adjust the top of the well on land when such adjustment will become necessary as a result of CITY's street resurfacing, or other construction operation fl/afl�.,wl Cry rMd. a«.1 W. 33"1 11. PERMITTEE shall provide and maintain adequate traffic control at the sole cost, risk and responsibility of PERMITTEE and successor in interest, during the course of the construction of the well, and the monitoring and sampling periods or any other operation within the CITY right-of-way. PERMITTEE shall hold CITY harmless with respect thereto. 12. PERMITTEE shall notify the CITY in writing of any proposed change in the location of the well prior to installation. PERMI ITLE shall obtain additional permits for any such changes from the CITY prior to the commencement of work. 13. PERMITTEE shall apply to the City Engineer for a construction permit prior to the installation of the well on yy. f. and for subsequent adjustments. fr B/vd..„d W. 33 " d S 14. All operations conducted by the PERMITTEE on the CITY premises, including monitoring and sampling of the well and running of equipment shall be limited to the hours set by the City Engineer, and there shall no deviations from these hours. 15. PERMITTEE shall notify all adjacent residential and commercial developments as to the intended construction, and shall post notices indicating the type and the hours of construction and all other subsequent work. The PERMITTEE shall diligently proceed to complete all work with a minimum of inconvenience to the public. 16. At least 48 hours prior to start of construction, PERMITTEE shall contact Underground Service Alert for all underground utility mark -out. It shall be the responsibility of the PERMITTEE to locate all substructures and protect them from damage. The expense or repair or replacement of said substructures shall be solely borne by the PERMITTEE, and the CITY shall be held harmless with respect thereto. 17. The PERMITTEE shall be responsible for the prevention of damage to the adjacent property. No person shall excavate on land so close to the property line as to endanger any adjoining public street, sidewalk, alley, or any other public or private property without supporting and protecting such property from settling, cracking, erosion, silting, scour, or the damage which might result from the PERMITTEE's operations. 18. The PERMITTEE shall design, construct, and maintain all safety devices, including shoring, and shall be solely responsible for conforming to all local, state, and federal safety and health standards, laws, and regulations. 19. The proposed well may exist in the public right-of-way for a maximum of two years. The PERMITTEE shall inform the CITY if additional time will be required for groundwater monitoring, and shall obtain the CITY's written approval for any time extension. 20. PERMITTEE shall notify the CITY in writing at least 48 hours prior of any intended monitoring of the well to be conducted during the length of this encroachment. Such notification shall contain the time and date of the intended sampling, and shall be subject to the approval of the CITY. 3 Encroachment Permit and Agreement Monitoring Well -3- 21. PERMITTEE shall deposit a sum equal to $2,000.00 in the CITY's account, to be used only for emergency purposes, prior to the approval of this Encroachment Agreement. 22. The well cap installed under this permit shall have information printed giving the name and phone number of the responsible entity in charge of the installation and maintenance of the well. 23. The PERMITTEE shall provide the CITY with a copy of the site assessment and remediation report; a copy of the Department of Health Services, County of San Diego response; and the site remediation completion report. The report shall show the extent of ground water and/or soil contamination, if any. Dated: CITY OF NATIONAL CITY PERMITTEE: Frank Motors, Inc. Ron Morrison, Mayor En . /Comp y Signat re ACA ' SIGH T ame & Title ATTACH NOTARY CERTIFICATION FOR THENAME OF PERMITTEE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. PERMITTEE/APPLICANT INFORMATION: Chris Crosby Person in Responsible Charge 619-920-1107 24/7 Phone Number Mailing Address: Frank Motors Atten: Jerry Drewett 3150 National City Blvd. SCS Engineers National City, CA 91950 Firm Name PLAT SHOWING LOCATION OF WELL HEADS OR OTHER STRUCTURES, EASEMENT, OR RIGHT-OF- WAY, AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "A", ATTACHED 4 Encroachment Permit and Agreement Monitoring Well -4- DEC 2 6 2013 SCS ENGINEERS CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 • • State of California County of 69/ On ' Y I 11 1 Da e personally appeared �)ie5o before m ill ().6( 1y' \)VAAIrCi )Here Insert game and Title of the Officer Ot�1QS �n ame(s) of Signer(s) Carnaliallia!lelfalla Ili arg P ige - California LowaighimmadOlago Cooly Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are-- subscribed to the within instrument and acknowledged to me that he/she/fbey executed the same in hismeritbai- authorized capacity(ies), and that by his/WA/their- signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my nd and oaicial seal. Signature: OPTIONAL Though the information below is not required by law, it may prove val, able to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fad E Trustee E Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — Li Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT TH OF S UMBPR'NT GNER Top of thumb here 1 © 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 MONITORING WELL INSTALLATION QUESTIONS 1) What is the time of completion of the drilling and well construction? Approximately 3-4 weeks from receiving the approved encroachment permit 2) What is the time required to install each well? Approximately 2 days for all 3 wells 3) How long will the wells remain in the street? Until the County of San Diego DEB grants site closure and authorizes the destruction of the wells. 4) How long will the abandonment of the wells be? (time frame) 2 days for 3 wells 5) How often will the wells be monitored and sampled? Quarterly 6) How long will it take to purge and sample each well? Approximately 2 hours per well 7) Who will be responsible for removing the wells from the public right-of- way and restoring the street? Frank Motors, Inc. is responsible for such and all work will be performed by SCS Engineers under contract with Frank Motors, Inc. 8) Who will be responsible for top of well head adjustments? Frank Motors, Inc. is responsible for such and all work will be performed by SCS Engineers under contract with Frank Motors, Inc. -6- ✓Ir �V JIW9' �ldo (12 MW14 \ MY* - i faza)4 MVO8 /<2� 1/ MW174, 0, N. MW7 (267) W3 J130) T (7.5m)l \_ /-$MMW13 \MW12 1'ooa (155) \(118) Chmeelr IM.. and Sarmem II* Mediae. Me m. cod Aram MS4n11nUlend fm.0.1, !Mara lea la Cam*EMS. Mesa lees* MW1A yea,e,IYMTbdm ad SaePly Salo, Gem.. Metes Mirr 0S* MCI, 3* ImezasN MW7 ymealy MaMeAp and Sw,I,M Saeio. Cm..Mu, cable mu mem..,W r4 lam ,abm a Me* *le Amw, Deammem bermes lam Mw3 Weer level el*. CMr Saco mere.* Md meal. mME10 ae e MW4 Wax....„ Mo'I0A9 Only „ow,ella,a,M DaeeeOm WM anaMw,len ward me, M leea MW5 Weer fe,al Me., Oely Up.* MISF MIev Mt all OM*. mm.* M. MWe 0eewdl' Ms,bA9 all all ES.a,m000 head ear loll sVla0 rem Se.MM3 teen. eat,*W,ade.MO MWe Wader level Me0Me Only Uppellea Deeegb0 or eaW CeC mlAaNn I* MWB Will Lem, Me,beq Only 3ame(Wee) Deead,rCeC aeno,ao,Yaaeny MWe was tonal Mmbeq CM, Ifppv,Jle,n M1SE M. M2 all *maim GC m8.0.1* eadr Mena Wale loot Momentm any beol 4lM, Woe MAN menaAan Were Mar Tee baaawg. aaaMmaan aced MWII Wea,1eme1 Meet.. Cor L000.oa. WM MTeWq CAC aaMMen aeM m,weaalm 'Ma erotica Ilnw MWIa moo*, Q wow LeQM loon. loon. 6,eM,5a0wM MAF eaae Me ...wee moo to...1pAq OM fem.. weeayee anPIIOpeq meet Men gemadY a,d Cm., al debSemplem Dever.*,* of pre Mw11 Wewlwal MaMq 04 ldead Ewa. Voa Mae** GO ammeeem Mode SMCOC WNW MOa MW15 OaseMawnoemM1, — heal*aral.M SNSM bell M m*el MW16 OeaeM60naM fAavb cod Came al Mae E Maeel,MAS am, a enreemt0 MWIY WeerleM M..*o4 Only UPPadde'ara,Mb Ediaalr a Mlold Oweem e4GA MW1M CdeadeApMadame,cod Iaw,d hww, Ma Pepe. week Me **NW MWta MwwM 100.1. and Cella ar x.40,1. hmmel veb Me ...Wand MWA ComwyM*o. M • IuwN to,, Sea4 enmamaSp Ma and *CM pbddmer. Of S eawb be.. nab. dela MOM =venom ewe M koebenaed80100 ne aq appmin Tom 1 estiBin1°eal �_.r MW15 39.0) 0 OC d• e National Self Storage Car Dealership Proposed Newt) anitoring Well Lo etdons Vacant Lot GS monitoring well 2 EXPLANATION NNV20410_ MW1JL (<2) Moniior�nnngg well location indicated In green proposed for continued grumdweler sampling. Monitoring well location indicated In red proposed to be omitted from fulure groundwater sampling. Reported concentrations of methyl tertiary butyl ether (MTBE) reported in micrograms per liter (pg/L) in February 2011. <= not reported above laboratory reporting limit for given analyte. Isoconcentralion contours of MTBE reported In micrograms per liter (pg1L) in February 2011. Dashed where estimated, queried / where unknown. — — Property Boundary ' Interpreted extent of former underground storage tank (UST) excavation -- based on the Converse Environmental West (CEVy report dated 8/13/92. Interpreted groundwater gradient direction with estimated magnitude shown. interpreted Febuary 2011 groundwater gradient direction with estimated magnitude shown- COC - Constituents of Concern Sloped mbankment� Caltrens Easement (sloped) SCS ENGINEERS Environmental Consultants 8799 Balboa Avenue, Suite 290 San Diego, Cardomia 92123 Vacant Lot North 0 40 no 120 Approximate Orap k Scale Feat PROPOSED MONITORING WELL LOCATIONS Frank Motors 3150 National City Boulevard National City, California Project No.. 11991767.0a Figure 3 EXHIBIT A Date Drafted: 1/3/14 EXHIBIT "A" MONITORING WELL CONSTRUCTION DETAILS FLUSH MOUNT WELL SCS ENGINEERS 8799 Balboa Avenue, Suite 290 San Diego, California 92123 PROJECT NUMBER: 11991767.08 BORING/WELL NUMBER: MW18 SITE: 3150 National City Blvd., National City, CA CLIENT: Frank Motors COUNTY & PERMIT #: TBD DATE OF INSTALLATION: TBD DRILLER: TBD PREPARED BY: Chris Crosby J A CONSTRUCTION DETAILS Surface Elevation Top of Casing Elevation TBD TBD A. Total Depth 30 ft B. Boring Diameter 8 in C. Casing Length 30 ft Casing Material PVC D. Casing Diameter E. Depth to Top of Screen F. Screen Length Screen (slot) Size G. Depth to top of Filter Pack Filter Pack Material H. Depth to top of Seal Seal Material 2 in 15ft 15ft 0.020 in 13ft #3 Sand 3ft Bentonite Chips I. Depth to Top of Fill Material 3 ft Annular Fill Material Bentonite Chips J. Surface Seal Dimensions Radial or Square or Other Surface Seal Material 3 ft Diameter Radial Concrete K. Type and Size of Protective Casing: 12 in Traffic Box Notes: Prepared by: Chris Crosby Date: 1/2/2014 Reviewed by: Date: F:\Projects\9911750 to 1800\99E1767 (Frank Motors Group)111991767.08 3150 Nat'l City\Additional Site Assessment (2013)1Permitting\WellCompletion MW18.xls -8- EXHIBIT "A" MONITORING WELL CONSTRUCTION DETAILS FLUSH MOUNT WELL SCS ENGINEERS 8799 Balboa Avenue, Suite 290 San Diego, California 92123 PROJECT NUMBER: 11991767.08 BORING/WELL NUMBER: MW19 SITE: 3150 National City Blvd., National City, CA CLIENT: Frank Motors COUNTY & PERMIT #: TBD DRILLER: TBD DATE OF INSTALLATION: TBD PREPARED BY: Chris Crosby J A CONSTRUCTION DETAILS Surface Elevation Top of Casing Elevation TBD TBD A. Total Depth 30 ft B. Boring Diameter 8 in C. Casing Length 30 ft Casing Material PVC D. Casing Diameter E. Depth to Top of Screen F. Screen Length Screen (slot) Size G. Depth to top of Filter Pack Filter Pack Material H. Depth to top of Seal Seal Material 2 in 15ft 15ft 0.020 in 13ft #3 Sand 3ft Bentonite Chips I. Depth to Top of Fill Material 3 ft Annular Fill Material Bentonite Chips J. Surface Seal Dimensions 5 ft x 5 ft Radial or Square or Other Square Surface Seal Material Concrete K. Type and Size of Protective Casing: 12 in Traffic Box Notes: Prepared by: Chris Crosby Date: 1/2/2014 Reviewed by: Date: F:1Projects\9911750 to 1800199E1767 (Frank Motors Group)111991767.08 3150 Nat'l City\Additional Site Assessment (2013)\Permitting\WellCompletion MW19.xis -9- EXHIBIT "A" MONITORING WELL CONSTRUCTION DETAILS FLUSH MOUNT WELL SCS ENGINEERS 8799 Balboa Avenue, Suite 290 San Diego, California 92123 PROJECT NUMBER: 11991767.08 BORING/WELL NUMBER: MW20 SITE: 3150 National City Blvd., National City, CA CLIENT: Frank Motors COUNTY & PERMIT #: TBD DRILLER: TBD DATE OF INSTALLATION: TBD PREPARED BY: Chris Crosby J A CONSTRUCTION DETAILS Surface Elevation Top of Casing Elevation TBD TBD A. Total Depth 30 ft B. Boring Diameter 8 in C. Casing Length 30 ft Casing Material PVC D. Casing Diameter E. Depth to Top of Screen F. Screen Length Screen (slot) Size G. Depth to top of Fitter Pack Filter Pack Material H. Depth to top of Seal Seal Material 2 in 15 ft 15 ft 0.020 in 13 ft #3 Sand 3ft Bentonite Chips I. Depth to Top of Fill Material 3 ft Annular Fill Material Bentonite Chips J. Surface Seal Dimensions 2.5 ft x 2.5 ft Radial or Square or Other Square Surface Seal Material Concrete K. Type and Size of Protective Casing: 8 in Traffic Box Notes: Prepared by: Chris Crosby Date: 1/2/2014 Reviewed by: Date: F:\Projects19911750 to 1800\99E1767 (Frank Motors Group)111991767.08 3150 Nat'l City1Additional Site Assessment (2013)1Permitting\WellCompletion MW20.xls -10- 4W /IMF CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDNYYY) 12/05/2013 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 Aon Risk Insurance Services West, Inc. Los Angel es CA office 707 wilshire Boulevard Suite 2600 Los Angeles CA 90017-0460 USA CONTACTE: NAM PFWNt we. EXq: (866) 283-7122 No. E-MAIL ADDRESS: FAX 800-363-0105 (NC. Na.): INSURER(S) AFFORDING COVERAGE NAIC N INSURED SCS Engineers 3900 Kilroy Airport way, suite 100 Long Reach CA 90806-6816 USA COVERAGES INSURER A: INSURER B: AIG Specialty Insurance Company National Union Fire Ins Co of Pittsburgh 26883 19445 ANSI RFR C: The Insurance Co of the State of PA 19429 INSURER D: INSURER E: INSURER F: CERTIFICATE NUMBER: 1,..111...17. 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. Limits shown are as requested MR TYPE OF INSURANCE INSR S SUER y,,w POLICY NUMBER ((M L• . POLICY EXP UNITS A— GENERAL LIABILITY PROP17322480 0 /31/201 03/31/2014 EACH OCCURRENCE 52,000,000 X COMMERCIAL GENERNILO AL LIABILITY PREMISES Es occurrence) 31,000,000 CLAIMS -MADE Iu X I OCCUR MEO EXP (My one person) $5 , 000 PERSONAL & ADV INJURY $2,000,000 GENERAL AGGREGATE S2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG S2,000,000 7 7 POLICY 1 E O TiLOC a AUTOMOBILE LIABILITY CA 327-51-37 03/31/2013 03/31/2014 COMBINED SINGLE LIMB (Ea accident) S2,000, 000 _ X — ANY AUTO — BODILY INJURY( Per person) X ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) X HIRED AUTOS — X _AUTOS NON -OWNED PROPERTY DAMAGE (Per accident) A UMBRELLA LIAR X OCCUR - PROU17322481 03/31/2013 03/31/2014 EACH OCCURRENCE S5,000,000 X EXCESS LIAB CLAIMS -MADE AGGREGATE S5,000,000 DEDI RETENTION C c WORKERS COMPENSATION AND EMPLOYERS LIABILITY YIN wc048250327 wcO48250326 04/01/2013 04/01/2013 04/01/2014 04/01/2014 x WC STATU- TORY LIMITS OTH- ER C ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICEWMEMBER EXCLUDED'? I'. N WC048250328 04/01/2013 04/01/2014r EL.EACHACCIDENT $1 OOO OO 0 (Mandatory In NHI nder Dyes, describeunder E.L. DISEASE -EA EMPLOYEE $1, 000, 000 ES IPTON Da OPERATIONS below - E.L. DISEASE -POLICY LIMIT $1,000,000. A Env Prof (E&o) PROP17322480 Prof/poll Liah 03/31/2013 03/31/2014 Each Claim Aggregate $2,000,000- $2,000,0001 a W DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Aeh ACORD 101, Malone' Remarks Schedule, I mare apace le required) e RE: lob No. 11991767.08, Monitoring Well Encroachment permit. c City of National City, its officers, agents and employees are included as Additional Insured with respect to the General Liability and Automobile Liability policies; granted a waiver of. Subrogation for workers' Compensation policy and the General Liability policy evidenced herein is Primary and Non -Contributory to other insurance available, as required by written contract, but limited to the operations of the Insured under said contract. ai a a LDER City of National City Attn: City Engineers 1243 National City Blvd. National City CA 91950 USA ACORD 25 (2010/06) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE TIE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE YMTH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE WP9b ✓L67bIG'✓fadfdtfi9r04G Vit�t46f� /.a'd'O(✓Ai4 01988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Holder Identifier : ACF Certificate No : 570052137134 -11- ENDORSEMENT This endorsement, effective 12:01 AM, 3/31/2013 Forms a part of Policy No: PROP 17322480 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED I PRIMARY COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the follovrnng: COMMERCIAL GENERAL LIABILITY AND PROFESSIONAL LIABILITY POLICY In consideration of an additional premium of $Included it is hereby agreed that the following is included as an Additional Insured as respects Coverage A and B but only as respects liability arising out of your work for the Additional Insured by or for you. Additional Insured: BLANKET WHERE REQUIRED BY WRITTEN CONTRACT. This does not apply to bodily injury or property damage arising out of the sole negligence or willful misconduct of, or for defects in design furnished by, the Additional Insured. As respects the coverage afforded the Additional Insured, this insurance is primary and non-contributory, and our obligations are not affected by any other insurance carried by such Additional insured whether primary, ewt s, contingent, or on any other basis. This endorsement does not increase the Company's limits of liability as specified in the Declarations of this policy. All other terms, conditions, and exclusions shall remain the same. 90667 (04/06) C12791 PAGE 1 OF 1 -12- ENDORSEMENT This endorsement, effective 12:01 A.M. 03/31/2013 forms a part of policy No. CA 3275137 by NATIONAL UNION F IRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: WHERE REQUIRED BY WRITTEN CONTRACT I. SECTION II - LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. 87950 (10/05) Page 1 of 1 -13- WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on 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 10 preparation of the policy). This endorsement, effective 12:01 AM 4/01/2013 forms a part of Policy No. WC 4825 03 26 Issued By THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA Premium I NCLUDED 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 organizatton 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. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule THE PREMIUM FOR THE ENDORSEMENT IS INCLUDED ANY PERSON OR ORGANIZAITON TO WHOM YOU BECOME OBLIGATED TO WAIVE YOUR RIGHTS OF RECOVERY AGAINST, UNDER ANY CONTRACT OR AGREEMENT YOU ENTER INTO PRIOR TO THE OCCURRENCE OF LOSS. This form is nol applicable in California, Kentucky, New Hampshire, New Jersey, North Dakota, Ohio, Tennessee, Texas, Utah, or Washington. WC DO 03 13 (Ed. 04/84) Countersigned by AAA Lek Authorized Representative -14- WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. (The following "aaaching clause need be completed only when this endorsement Is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 4/01/2013 forms a part of Policy No. WC 4825 03 27 Issued By THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA Premium INCLUDED 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. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule THE PREMIUM FOR THE ENDORSEMENT IS INCLUDED ANY PERSON OR ORGANIZAITON TO WHOM YOU BECOME OBLIGATED TO WAIVE YOUR RIGHTS OF RECOVERY AGAINST, UNDER ANY CONTRACT OR AGREEMENT YOU ENTER INTO PRIOR TO THE OCCURRENCE OF LOSS. This form is not applicable in California, Kentucky, New Hampshire, New Jersey, North Dakota, Ohio. Tennessee, Texas, Utah. or Washington. WC 00 03 13 (Ed. 04/84) Countersigned by Authorized Representative -15- BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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 04/01/2013 forms a part of Policy #WC 4825 03 28 By THE INSURANCE COMPANY OF THE STATE OF PENNSYLVAN I A 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 TBD of the total estimated workers compensation premium for this policy. WC 04 03 61 (Ed. 11/90) -16- DATE Processed by: Date: 1/8/2014 Property Owner: Phone: Email: FEE DESCRIPTION Traffic Control Plan Check Fee Sub Total Encroachment Agreement Sub TOW Development Services Department 1243 National City Blvd National City, CA 91950 (619) 336-4380 INVOICE (2014-1136) Contractor: Bob Guzzler San Diego, CA 92123 Phone: 858 401 2348 Email: bguzzler©scsengineers.com FEE AMOUNT AMOUNT PAID AMOUNT DUE ACCOUNT NUMBER $476.00 $47i.00 $490.00 $0.00 $476.00 001-06029-3557 50.110 $476.06 004-116029-31;57 $0.00 $490.00 001-06029-3634 403.60 001-96029.3634 -17- RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT PERMIT AND AGREEMENT WITH FRANK MOTORS, INC., LOCATED AT 3150 NATIONAL CITY BOULEVARD, FOR THE INSTALLATION OF THREE GROUNDWATER MONITORING WELLS IN THE PUBLIC RIGHT-OF-WAY ALONG NATIONAL CITY BOULEVARD AND WEST 33RD STREET, AS DIRECTED BY THE COUNTY OF SAN DIEGO DEPARTMENT OF ENVIRONMENTAL HEALTH WHEREAS, Frank Motors, Inc., the owner of the property located at 3150 National City Boulevard, has been directed by the County of San Diego Department of Environmental Health to install three new groundwater monitoring wells in the public right-of-way along National City Boulevard and West 33rd Street for sampling and reporting of groundwater contaminants; and WHEREAS, Frank Motors, Inc., has contracted with SCS Engineers to install the monitoring wells and perform the sampling services; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves an Encroachment Permit and Agreement with Frank Motors, Inc., for the installation of three groundwater monitoring wells in the public right-of-way along National City Boulevard and West 33`d Street for sampling and reporting of groundwater contaminants. Said Encroachment Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of March, 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: March 4, 2014 AGENDA ITEM NO.9 ITEM TITLE: Warrant Register #31 for the period of 1/22/14 through 1/28/14 in the amount of $1,640,750.58. (Finance) PREPARED BY: K. Apalateguij DEPARTMENT: Finance PHONE: 1619-336-4331 (/ Ala EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 1/22/14 through 1/28/14. In accordance with Finance Department policy, $50,000.00. Vendor Check City of Chula Vista 310712 City of San Diego 310715 ESGIL Corp 310731 Harris & Associates 310741 Pal Engineering 310774 Public Emp Ret System 310782 Public Emp Ret System 310783 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $1,640,750.58. j APPROVED BY: 1.1 below is an explanation of all warrants above Amount 55, 729.88 57,463.00 115,668.00 51,046.66 334,438.49 305,314.43 300,809.00 Explanation Animal Shelter Costs / Police Quarterly billing for Fire Dispatch Plan Checking & Consult Svcs 8t" Street Smart Growth 8th Street Smart Growth Insurance 01/07/14 — 01/20/14 Insurance 12/24/13 — 1/06/14 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,640,750.58. BOARD / COMMISSION RECOMMENDATION: IN/,AI ATTACHMENTS: Warrant Register #31 PAYEE ALDEMCO ALL FRESH PRODUCTS ALPHA OMEGA SERVICES ALVAREZ, S ARTHUR, R AT&T MCI AT&T MOBILITY BATTERIES PLUS BULBS BAVENCOFF JR, D BEST BEST & KRIEGER ATTNY LAW BOARD OF EQUALIZATION BUREAU VERITAS N AMERICA INC BURKE WILLIAMS & SORENSEN LLP CAPF CALIFORNIA ELECTRIC SUPPLY CALIFORNIA LAW ENFORCEMENT CEB CITY OF CHULA VISTA TY OF NATIONAL CITY Y OF SAN DIEGO uITY OF SAN DIEGO CLF WAREHOUSE CLYDE ARMORY COSCO FIRE PROTECTION INC COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COX COMMUNICATIONS COX COMMUNICATIONS CULLIGAN OF SAN DIEGO DEESE, L DELTA DENTAL INSURANCE CO DEPT OF JUSTICE DESTINY TRANSPORTATION D-MAX ENGINEERING DOKKEN ENGINEERING DREW FORD HYUNDAI ESGIL CORPORATION ESQUIRE DEPOSITION SOLUTIONS FEMA FIRE ETC FLEET SERVICES INC GAMBOA, T GOODYEAR TIRE & RUBBER COMPANY '41NGER ANICUS INC GROSSMAN PSYCHOLOGICAL HARRIS & ASSOCIATES INC HEALTH & HUMAN RSRC CNTR HERNANDEZ, A HERNANDEZ, A WARRANT REGISTER # 31 1/28/2014 DESCRIPTION FOOD / NUTRITION FOOD / NUTRITION RESPIRATOR FIT TESTING, QUANTITATIVE REFUND - PARKING CITATION REFUND - PARKING CITATION SBC/ATT PHONE SVC DEC 2013 WIRELESS SERVICE - 12/6/13-01/05/14 BATTERIES/BULBS REIMB - INTERNAL AFFAIRS INVESTIGATION PERSONNEL ISSUES SALES TAX LIABILITY FOR OCT-DEC 2013 IN CHK NO DATE AMOUNT 310695 1/28/14 2,458.58 310696 1/28/14 411.61 310697 1/28/14 775.00 310698 1/28/14 10.00 310699 1/28/14 45.00 310700 1/28/14 1,083.27 310701 1/28/14 798.92 310702 1/28/14 1,280.97 310703 1/28/14 62.79 310704 1/28/14 382.50 310705 1/28/14 3,029.00 PEDESTRIAN CROSSING, CONSTRUCTION PROJECT 310706 1/28/14 35,125.63 PROFESSIONAL SVCS 310707 1/28/14 4,125.00 FIRE LTD - JAN 2014 310708 1/28/14 672.00 MOP 45698 ELECTRICAL MATERIAL 310709 1/28/14 694.50 PD LTD - JAN 2014 310710 1/28/14 1,960.00 DEBT COLLECTION PRACTICE IN CA 310711 1/28/14 219.55 ANIMAL SHELTER COSTS / PD 310712 1/28/14 55,729.88 PETTY CASH REPLENISHMENT - NOV 2013 310713 1/28/14 652.99 METROPOLITAN INDUSTRIAL WASTEWATER 310714 1/28/14 4,476.00 QUARTERLY BILLING FOR FIRE DISPATCH 310715 1/28/14 57,463.00 450DEG ELBOW/CLAMPS 310716 1/28/14 150.06 MONOLITHIC QUAD RAIL UPPER, FLIP FRONT 310717 1/28/14 2,605.00 FIRE SPRINKELY SYSTEM AND FLAPPER VALUE 310718 1/28/14 20,742.87 OBSERVER SAFETY CLOTHING FOR AUTOPSIES 310719 1/28/14 20.00 SHARE OF PC REVENUE - DEC 2013 310720 1/28/14 13,613.75 COX COMMUNICATIONS DATA 310721 1/28/14 3,049.70 COMMUNICATIONS 12/10/13-01/08/14 310722 1/28/14 182.60 WATER SOFTENER 310723 1/28/14 204.50 REIMBURSEMENT - LUNCHEON 310724 1/28/14 177.62 COBRA DENTAL INS - DEC 2013 310725 1/28/14 71.03 INVESTIGATIVE SERVICES 310726 1/28/14 686.00 REFUND - PARKING CITATION 310727 1/28/14 150.00 STORM WATER SERVICES 310728 1/28/14 25,841.53 PLAZA BOULEVARD 310729 1/28/14 620.23 MOP 49078 AUTO PARTS 310730 1/28/14 541.34 PLAN CHECK AND CONSULTANT SERVICES 310731 1/28/14 115,668.00 TRANSCRIPTION SVCS 310732 1/28/14 2,869.29 REIMBURSEMENT - WELLNESS PROGRAM 310733 1/28/14 366.40 MATTE BLACK DUAL LENS 310734 1/28/14 5,786.98 MOP 67804 AUTO PARTS 310735 1/28/14 613.69 REFUND - PARKING CITATION 310736 1/28/14 60.00 MOP 72654 AUTO PARTS 310737 1/28/14 133.33 MOP 65179 SMALL TOOLS 310738 1/28/14 512.47 GRANICUS WEBCASTING 310739 1/28/14 1,477.35 OFFICER ASSISTANCE PROGRAM 310740 1/28/14 1,987.50 8TH ST. SMART GROWTH 310741 1/28/14 51,046.66 EMP ASST PROGRAM - JAN 2014 310742 1/28/14 726.74 SUBSISTENCE-SHERMAN BLOCK #2 310743 1/28/14 468.00 SUBSISTENCE-SHERMAN BLOCK #1 310744 1/28/14 468.00 PAYEE HOME DEPOT CREDIT SVCS HOME DEPOT CREDIT SVCS HONEYWELL INTERNATIONAL INC IMAGING PRODUCTS INDEPENDENT FORENSIC SERVICES INSTITUTE OF TRANSP ENGINEERS JERAULDS CAR CARE CENTER KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KELLION, L KETCH ALL COMPANY KONICA MINOLTA LANGUAGE LINE SERVICES LASER SAVER INC MAN K-9 INC. MATTHEW BENDER & CO INC MAYER REPROGRAPHICS MCNATT, M MEYERS NAVE MIRACLE RECREATION EQUIP CO MUNICIPAL CODE CORPORATION MUNICIPAL EMERGENCY SERVICES NATIONAL CITY CHAMBER OF NATIONAL CITY CHAMBER OF NATIONAL VETERANS TRANSITION NINYO & MOORE NOWDOCS INTERNATIONAL INC PAL GENERAL ENGINEERING INC PARRON HALL OFFICE INTERIORS PERRY FORD PHILLIPS, W POWERSTRIDE BATTERY CO INC PRO BUILD PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM PUBLIC EMP RETIREMENT SYSTEM RBF CONSULTING RPM WELDING INC S D UNIFIED PORT DISTRICT SAFDIE RABINES ARCHITECTS SAFEWAY SIGN CO SAN DIEGO DAILY TRANSCRIPT SAN DIEGO SPORTS MEDICINE SASI SDG&E SEAPORT MEAT COMPANY SEWARD, G SEWARD, G WARRANT REGISTER # 31 1/28/2014 DESCRIPTION 1110832/1110834/220608/73781/9074094/915 61N POINSETTA LABOR, CHECK OUT HEATING & COOLING OLYMPUS DM-620 DIGITAL VOICE RECORDERS SART EXAMS / PD MEMBERSHIP - 2014 ITE MOP 72449 AUTO PARTS RETIREES INS - JAN 2014 RETIREES INS - JAN 2014 RETIREES INS - COBRA DEC 2013 REFUND - PARKING CITATION WILDCAT DELUXE TRAP COPIER EQUIPMENT LEASE LANGUAGE LINE INTERPRETATION MOP 45725 TONER - FINANCE MAINTENANCE TRAINING - DEC 2013 CA PARKER'S LARMAC INDEX PLANS - 1726 WILSON AVE REFUND - PARKING CITATION PROFESSIONAL SVCS 30" ID TUBE EXIT SECTION SALES TAX CORRECTION FIREQUIP HOSE/FIRE EQUIP TOURISM MARKETING FEE - NOV 2013 TOURISM MARKETING FEE - OCT 2013 REBOOT WORKSHOP SOIL TESTING, AQUATIC CENTER 2 UP 1099 ENVELOPES 8TH STREET SMART GROWTH REVITALIZATION REPLACEMENT PARTS FOR CHAIRS / SEC 8 MOP 45703 R&M AUTO EQUIPMENT REIMBURSEMENT -TESTING /REFILLING MOP 67839 AUTO PARTS MOP 45707 ELECTRICAL MATERIAL AQUATIC CENTER MOP 45742 LAUNDRY SERVICE SVC PERIOD 01/07/14 - 01/20/14 SVC PERIOD 12/24/13 - 1/06/14 8TH ST. SAFETY ENHANCEMENTS MOP45749 R&M BLDGS BAY WATER QUALITY IMPROVEMENT AQUATIC CENTER BEGIN 2 WAY TRAFFIC ADVERTISING - 2020/2100 HOOVER AVE WELLNESS EXAMS/LAB TESTS - FIRE ANNUAL BASE FEE 2/01/13 - 1/31/14 GAS/ELECTRIC 12/16/13 - 1/16/14 FOOD (MEAT AND FISH) FOR NUTRITION SUBSISTENCE: MANAGEMENT COURSE SUBSISTENCE: MANAGEMENT COURSE CHK NO DATE 310745 1/28/14 310746 1/28/14 310747 1/28/14 310748 1/28/14 310749 1/28/14 310750 1/28/14 310751 1/28/14 310752 1/28/14 310753 1/28/14 310754 1/28/14 310755 1/28/14 310756 1/28/14 310757 1/28/14 310758 1/28/14 310759 1/28/14 310760 1/28/14 310762 1/28/14 310763 1/28/14 310764 1/28/14 310765 1/28/14 310766 1/28/14 310767 1/28/14 310768 1/28/14 310769 1/28/14 310770 1/28/14 310771 1/28/14 310772 1/28/14 310773 1/28/14 310774 1/28/14 310775 1/28/14 310776 1/28/14 310777 1/28/14 310778 1/28/14 310779 1/28/14 310780 1/28/14 310781 1/28/14 310782 1/28/14 310783 1/28/14 310784 1/28/14 310785 1/28/14 310786 1/28/14 310787 1/28/14 310788 1/28/14 310789 1/28/14 310790 1/28/14 310791 1/28/14 310792 1/28/14 310793 1/28/14 310794 1/28/14 310795 1/28/14 2/3 AMOUNT 2,124.34 223.23 434.69 1,275.30 1,000.00 289.25 986.06 20,672.93 13,640.49 919.72 305.00 588.50 8,225.66 3.81 383.35 800.00 239.91 120.21 ' AO nn 134.38 5,516.01 18,576.10 15,855.59 50.00 30,311.13 82.40 334,438.49 1,225.51 1,256.97 90.00 163.45 1,095.79 22,967.85 217.56 305,314.43 300,809.00 1,329.12 1,191.60 3,325.00 43,095.55 1,183.83 1,0 --- 35,5 3bz.uv 3,330.75 1,430.63 624.00 624.00 PAYEE SEWARD, G SMART SOURCE OF CA LLC SOUTHWESTERN COLLEGE STAPLES ADVANTAGE STARTECH COMPUTERS SYSCO SAN DIEGO THE CENTRE FOR ORGANIZATION THE LEW EDWARDS GROUP THOMSON WEST TOM MOYNAHAN U S BANK USA MOBILITY WIRELESS INC V & V MANUFACTURING VALLEY INDUSTRIAL SPECIALTIES VCA EMERGENCY ANIMAL HOSPITAL VCA MAIN ST ANIMAL HOSPITAL VISION INTERNET PROVIDERS VISION SERVICE PLAN (CA) cTA PAINT 3T PAYMENT CENTER WHITE, J WILLY'S ELECTRONIC SUPPLY POWER PLUS SDG&E SWEETWATER AUTHORITY CLAIMS MANAGEMENT ASSOCIATES WARRANT REGISTER # 31 1/28/2014 DESCRIPTION SUBSISTENCE: MANAGEMENT COURSE CRIME PREVENTIION PAMPHLETS - SPANISH 19TH ANNUAL COMMUNITY BREAKFAST MOP 45704 OFFICE SUPPLIES - HOUSING MOP 61744 MISC SUPPLIES - MIS FOOD & CONSUMABLES EMP ENGAGEMENT SURVEY STRATEGIC ANALYSIS ON LINE LEGAL RESEARCH MOP 45734 R&M AUTO EQUIPMENT CREDIT CARD EXP - COMM SVC METROCALL PAGER SERVICE NEW BADGES, BADGE REPAIRS, BADGE MOP 46453 PLUMBING MATERIAL FOR STRAY ANIMAL VET CARE FOR K9 VET CARE VISION INTERNET WEBSITE CONFIGURATION VISION SVC PLAN - DEC 2013 MOP 68834 TRAFFIC CONTROL SUPPLY CLEAR INVESTIGATIVE DATABASES RETIREE HEALTH BENEFITS - JAN 2014 MOP 45763 AUTO PARTS EQUIPMENT RENTAL / S A GAS AND ELECTRIC UTILITIES / S A WATER UTILITIES / S A MONTHLY SVCS FOR LIABILITY CLAIMS GRAND TOTAL 3/3 CHK NO DATE AMOUNT 310796 1/28/14 624.00 310797 1/28/14 1,056.22 310798 1/28/14 25.00 310799 1/28/14 953.01 310800 1/28/14 1,304.86 310801 1/28/14 6,451.36 310802 1/28/14 5,600.00 310803 1/28/14 3,246.75 310804 1/28/14 1,402.85 310805 1/28/14 80.00 310806 1/28/14 32.40 310807 1/28/14 786.89 310808 1/28/14 114.47 310809 1/28/14 625.06 310810 1/28/14 334.68 310811 1/28/14 499.08 310812 1/28/14 1,200.00 310813 1/28/14 99.98 310814 1/28/14 497.19 310815 1/28/14 455.11 310816 1/28/14 230.00 310817 1/28/14 232.42 310818 1/28/14 585.00 310819 1/28/14 241.16 310820 1/28/14 741.47 310821 1/28/14 4,965.00 A/P Total 1,640,750.58 $ 1.640.750.58 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN LUIS NATIVIDAD, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 4th OF MARCH, 2014. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 4, 2014 AGENDA ITEM NO. $ .TEM TITLE: Warrant Register #32 for the period of 1/29/14 through 2/4/14 in the amount of $4,186,368.19. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Find 404 PHONE: 619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 1/28/14 through 2/4/14. In accordance with Finance Department policy, below is an explanation of all warrants above $50,000.00. Vendor Check Amount Explanation Kimley Horn & Assoc Inc 310824 70,238.39 Public Works Relocation Project Professionals 310826 74,759.68 Public Works Relocation Health Net Inc 310882 61,667.79 Net Ins R1192A— Feb 2014 Kaiser Health Plan 310891 166,198.31 Insurance Active — Feb 2014 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $4,186,368.19. APPROVED: ��°(✓�� F trance 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 $4,186,368.19. BOARD / COMMISSION RECOMMENDATION: NIA ATTACHMENTS: 'Warrant Register #32 PAYEE JERAULDS CAR CARE CENTER U S BANK KIMLEY HORN AND ASSOC INC SAFDIE RABINES ARCHITECTS PROJECT PROFESSIONALS CORP 3T EQUIPMENT COMPANY INC ACEDO, I AFRICAN AMERICAN ALLIANCE ALLEN, R ANDERSON, E APR CONSTRUCTION INC ASCAP ATKINS NORTH AMERICA INC AUSTIN DOORS BAVENCOFF JR, D BEARD, P BECK, L BIDDLE CONSULTING GROUP INC BISHOP, R ;K COMPANY .GLER, C BOYD, P CAPF CA BUILDING STANDARD COMMISION CALIFORNIA COMMERCIAL SECURITY CALIFORNIA LAW ENFORCEMENT CAPPO INC CITY OF NATIONAL CITY CITY OF SAN DIEGO CONDON, D COOPER'S PLUMBING & HEATING CORPUZ, T CSA SAN DIEGO COUNTY CYGNUS EXPOSITIONS DANESHFAR, Z DAY WIRELESS SYSTEMS (20) DEPARTMENT OF TRANSPORTATION DESROCHERS, P DI CERCHIO, A DREDGE, J BRIKHO, E EISER III, G ESGIL CORPORATION FABINSKI, D P'RE ETC E PREVENTION SERVICES INC _.,CITUA SILVA, C GELSKEY, K GIBBS JR, R GOFFIGAN, D GREEN MECHANICAL CONTRACTORS GUNDERT, M 1/3 WARRANT REGISTER #32 2/4/2014 DESCRIPTION CHK NO DATE AMOUNT R&M CITY VEHICLES / 2010 FORD 310822 1/30/14 4,605.08 CREDIT CARD EXPENSES / FIRE 310823 1/30/14 3,260.18 PUBLIC WORKS RELOCATION 310824 1/30/14 70,238.39 AQUATIC CENTER 310825 1/30/14 41,883.16 PUBLIC WORKS RELOCATION 310826 1/30/14 74,759.68 LABOR, REPAIR OMNI 3 ZOOM CAMERA SERIAL 310830 2/4/14 7,868.14 RETIREE HEALTH BENEFITS / FEB 2014 310831 2/4/14 160.00 MLK SCHOLARSHIP BREAKFAST 310832 2/4/14 25.00 RETIREE HEALTH BENEFITS / FEB 2014 310833 2/4/14 125.00 RETIREE HEALTH BENEFITS / FEB 2014 310834 2/4/14 110.00 DEPOSIT #90032 - 2900 HIGHLAND AVE 310835 2/4/14 1,000.00 MEMBERSHIP - NC RATE SCHEDULE - 201 310836 2/4/14 657.00 SEWER BILL/TAX ROLL 310837 2/4/14 5,684.00 DOOR, ROLL -UP DOORS, GATES 310838 2/4/14 357.50 REIMBURSEMENT -EDUCATIONAL 310839 2/4/14 1,500.00 RETIREE HEALTH BENEFITS / FEB 2014 310840 2/4/14 70.00 RETIREE HEALTH BENEFITS / FEB 2014 310841 2/4/14 140.00 PROMOTIONAL ACTIVITIES 310842 2/4/14 1,539.00 RETIREE HEALTH BENEFITS / FEB 2014 310843 2/4/14 110.00 DEPOSIT #90033 - 916 E 8TH STREET 310844 2/4/14 2,000.00 RETIREE HEALTH BENEFITS / FEB 2014 310845 2/4/14 260.00 RETIREE HEALTH BENEFITS / FEB 2014 310846 2/4/14 145.00 FIRE LTD - FEB 2014 310847 2/4/14 624.00 BLDG STANDARDS ADMIN 310848 2/4/14 211.50 MOP 45754 R&M BUILDINGS 310849 2/4/14 17.01 PD LTD - JAN 2014 310850 2/4/14 1,984.50 ANNUAL MEMBERSHIP RENEWAL 310851 2/4/14 130.00 NC DEPOT - FIRE SPRINKLERS 310852 2/4/14 700.00 METROPOLITAN INDUSTRIAL WASTEWATER 310853 2/4/14 15,166.00 RETIREE HEALTH BENEFITS / FEB 2014 310854 2/4/14 280.00 PLUMBING SERVICES, REPAIRS 310855 2/4/14 347.94 RETIREE HEALTH BENEFITS / FEB 2014 310856 2/4/14 140.00 FAIR HOUSING MITIGATION OCT-DEC 2013 310857 2/4/14 18,684.60 REGISTRATION - FIREHOUSE WORLD CONFERENCE 310858 2/4/14 2,250.00 RETIREE HEALTH BENEFITS / FEB 2014 310859 2/4/14 250.00 RADIO MAINTENANCE SERVICE / POLICE 310860 2/4/14 16,515.00 HIGHWAY LIGHTING 310861 2/4/14 7,385.57 RETIREE HEALTH BENEFITS / FEB 2014 310862 2/4/14 110.00 RETIREE HEALTH BENEFITS / FEB 2014 310863 2/4/14 70.00 RETIREE HEALTH BENEFITS / FEB 2014 310864 2/4/14 250.00 DEPOSIT #90001 - VALERO GAS STATION 310865 2/4/14 2,500.00 RETIREE HEALTH BENEFITS / FEB 2014 310866 2/4/14 250.00 PLAN CHECK AND CONSULTANT SERVICES 310867 2/4/14 20,348.10 RETIREE HEALTH BENEFITS / FEB 2014 310868 2/4/14 220.00 REDBACK, EASY ESCAPE, 6", LEATHER, 310869 2/4/14 669.90 WEED ABATEMENT APPORTIONMENTS #11 & #12 310870 2/4/14 3,869.12 TRAVEL EXP - GOV LAW SEMINAR 310871 2/4/14 153.91 RETIREE HEALTH BENEFITS / FEB 2014 310872 2/4/14 115.00 RETIREE HEALTH BENEFITS / FEB 2014 310873 2/4/14 120.00 ED REIMBURSEMENT 310874 2/4/14 624.00 HVAC REPAIRS 310875 2/4/14 4,098.40 RETIREE HEALTH BENEFITS / FEB 2014 310876 2/4/14 350.00 PAYEE HANSON, E HAUG, S HEALTH NET HEALTH NET HEALTH NET HEALTH NET INC HODGES, B HOME DEPOT CREDIT SVCS HONDO, E HONEYWELL INTERNATIONAL INC HYDRO SCAPE PRODUCTS INC ICMA MEMBERSHIP RENEWALS JAMES, R JUNIEL, R KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KIMBALL TOWER KIMBLE, R KNOX PHOTO COPY SERVICE LANDA, A LEAGUE OF CALIFORNIA CITIES LEAGUE OF CALIFORNIA CITIES LIMFUECO, M LOPEZ, T LYNN PEAVEY MALDONADO, A MARCHANTE, A MATIENZO, T MAYER REPROGRAPHICS MC CABE, T MEDINA, R METRO AUTO PARTS DISTRIBUTOR METRO FIRE & SAFETY MUNICIPAL CODE CORPORATION MURRAY, J MYERS, B NATIONAL CITY CAR WASH NOSAL, W NOTEWARE, D OCHOA, I ONE TEN LIQUOR STORE PAUU JR, P PEASE JR, D PERRY FORD PETERS, S PLUMBERS DEPOT INC POST, R POTTER, C PRO BUILD PRUDENTIAL OVERALL SUPPLY WARRANT REGISTER #32 2/4/2014 DESCRIPTION RETIREE HEALTH BENEFITS / FEB 2014 RETIREE HEALTH BENEFITS / FEB 2014 FULL NETWORK 57135A - FEB 2014 NET INS - FEB 2014 - N5992F/57135J INS GRP #N5992A - FEB 2014 NET INS R1192A - FEB 2014 RETIREE HEALTH BENEFITS / FEB 2014 HUSKY 4-IN-1 MULTI -TOOL RETIREE HEALTH BENEFITS / FEB 2014 LABOR, REPLACE REHEAT CONTROLLERS MOP 45720 PIPES, VALVES & FITTINGS MEMBERSHIP DUES RETIREE HEALTH BENEFITS / FEB 2014 RETIREE HEALTH BENEFITS / FEB 2014 INS ACTIVE - FEB 2014 RETIREES IND (DED THRU CALPERS) FEB 2014 RETIREEES INS - FEB 2014 H S A INS - FEB 2014 GRP #104220-0005 PERMIT REFUND / #2013-3615; 1317 D AVE RETIREE HEALTH BENEFITS / FEB 2014 ADLER FILING - ADMIN MANDAMUS RETIREE HEALTH BENEFITS / FEB 2014 LUNCHEON MEETINGS MEMBERSHIP DUES RETIREE HEALTH BENEFITS / FEB 2014 TRANSLATION SERVICES FOR FY 2014 LAB SUPPLIES RFQ #1140 / POLICE RETIREE HEALTH BENEFITS / FEB 2014 CAMERA/MEMORY CARD RETIREE HEALTH BENEFITS / FEB 2014 DIGITAL BOND PRINTING OF AQUATIC CENTER. RETIREE HEALTH BENEFITS / FEB 2014 RETIREE HEALTH BENEFITS / FEB 2014 MOP 75943 AUTO PARTS ANNUAL FIRE EXTINUGISHER ANNUAL BILLING MUNICODE ON INTERNET RETIREE HEALTH BENEFITS / FEB 2014 RETIREE HEALTH BENEFITS / FEB 2014 MOP 72454 R&M AUTO EQUIPMENT RETIREMENT SETTLEMENT / FEB 2014 RETIREE HEALTH BENEFITS / FEB 2014 RETIREE HEALTH BENEFITS / FEB 2014 DEP#1550 110 LIQUOR & MARKET RETIREE HEALTH BENEFITS / FEB 2014 RETIREE HEALTH BENEFITS / FEB 2014 R&M CITY VEHICLES RETIREE HEALTH BENEFITS / FEB 2014 FIBER GLASS POLES 24" HEAVY DUTY FOAM RETIREE HEALTH BENEFITS / FEB 2014 RETIREE HEALTH BENEFITS / FEB 2014 MOP 45707 ELECTRICAL MATERIAL MOP 45707 LAUNDRY SERVICE LIJ CHK NO DATE AMOUNT 310877 2/4/14 135.00 310878 2/4/14 120.00 310879 2/4/14 5,153.90 310880 2/4/14 1,528.85 310881 2/4/14 525.07 310882 2/4/14 61,667.79 310883 2/4/14 200.00 310884 2/4/14 276.93 310885 2/4/14 110.00 310886 2/4/14 3,200.00 310887 2/4/14 285.81 310888 2/4/14 1,380.00 310889 2/4/14 140.00 310890 2/4/14 50.00 310891 2/4/14 166,198.31 310892 2/4/14 21,114.21 310893 2/4/14 9,699.76 310894 2/4/14 1,449.95 310895 2/4/14 62.00 310896 2/4/14 10^ ^n 310897 2/4/14 310898 2/4/14 310899 2/4/14 810.00 310900 214/14 600.00 310902 2/4/14 160.00 310903 2/4/14 140.00 310904 2/4/14 4,197.86 310905 2/4/14 130.00 310906 2/4/14 232.15 310907 2/4/14 100.00 310908 2/4/14 159.89 310909 2/4/14 280.00 310910 2/4/14 105.00 310911 2/4/14 1,064.47 310912 2/4/14 176.61 310913 2/4/14 650.00 310914 2/4/14 150.00 310915 2/4/14 140.00 310916 2/4/14 695.00 310917 2/4/14 1,176.44 310918 2/4114 120.00 310919 2/4/14 125.00 310920 2/4/14 2,000.00 310921 2/4/14 340.00 310922 2/4/14 140.00 310923 2/4/14 310924 2/4114 310925 2/4/14 220.81 310926 2/4/14 280.00 310927 2/4/14 150.00 310928 2/4/14 1,227.59 310929 2/4/14 273.53 PAYEE RAY, S ROARK, L ROE, V RUIZ, J SAFRAN MORPHOTRUST SAN DIEGO STATE UNIVERSITY SDG&E SERVATIUS, J SESAC SHORT, C SIRCHIE FINGERPRINT LAB INC SMART & FINAL SMITH, J SOUTH BAY COMMUNITY SERVICES STACK TRAFFIC CONSULTING INC STAPLES ADVANTAGE STARTECH COMPUTERS STRASEN, W SWEETWATER AUTHORITY - STAR NEWS CON, B TRIVIZ, R TURF MAKER U LINE URIAS, N VALLEY INDUSTRIAL SPECIALTIES VISION SERVICE PLAN (CA) WAXIE SANITARY SUPPLY WHITE, ZIETLOW, D WIRED PAYMENTS US BANK PARS 6746022500 US BANK PARS 6746022500 US BANK PARS 6746022500 US BANK PARS 6746022500 UNION BANK OF CALIFORNIA THE BANK OF NEW YORK SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 3 1/7/2014 WARRANT REGISTER #32 2/4/2014 DESCRIPTION RETIREE HEALTH BENEFITS / FEB 2014 RETIREE HEALTH BENEFITS / FEB 2014 RETIREE HEALTH BENEFITS / FEB 2014 RETIREE HEALTH BENEFITS / FEB 2014 INVESTIGATIVE SERVICES SMART FOUNDATION GRANT FACILITIES GAS & ELECTRIC RETIREE HEALTH BENEFITS / FEB 2014 MUSIC PERFORMANCE LICENSE RETIREE HEALTH BENEFITS / FEB 2014 LAB SUPPLIES RFQ #1140 / POLICE MOP 45756 / JANITORIAL SUPPLIES / FIRE RETIREE HEALTH BENEFITS / FEB 2014 CDBG EXPENSE REIMB - 2ND QTR 8TH ST. HSIP CONSTRUCTION MANAGEMENT MOP 45704 OFFICE SUPPLIES - MAYOR MOP 61744 MISC SUPPLIES - MIS RETIREE HEALTH BENEFITS / FEB 2014 FACILITIES WATER TNT AUCTION 2/8/14 RETIREE HEALTH BENEFITS / FEB 2014 RETIREE HEALTH BENEFITS / FEB 2014 19-4-4 NITRA KING LAB SUPPLIES RFQ #1140 / POLICE RETIREE HEALTH BENEFITS / FEB 2014 MOP 46453 PLUMBING MATERIAL SERVICE PLAN (CA) JAN 2014 JANITORIAL SUPPLIES / PW RETIREE HEALTH BENEFITS / FEB 2014 RETIREE HEALTH BENEFITS / FEB 2014 2011 TAB PAYMENT 2005 TAB SERIES A PAYMENT 2005 TAB SERIES PAYMENT 2004 TAB SERIES A PAYMENT GENERAL OBLIGATION REFUNDING BONDS 2012 NATIONAL CITY 1999 TAB PAYMENT Start Date End Date 1/29/2014 2/4/2014 End Date Check Date 1/20/2014 1/29/2014 GRAND TOTAL 3/3 CHK NO DATE AMOUNT 310930 2/4/14 190.00 310931 2/4/14 135.00 310932 2/4/14 120.00 310933 2/4/14 310.00 310934 2/4/14 72.00 310935 2/4/14 25,000.00 310936 2/4/14 19,319.22 310937 2/4/14 340.00 310938 2/4/14 584.00 310939 2/4/14 300.00 310940 2/4/14 5,948.29 310941 2/4/14 132.69 310942 2/4/14 320.00 310943 2/4/14 5,245.27 310944 2/4/14 10,937.50 310945 2/4/14 527.03 310946 2/4/14 997.44 310947 2/4/14 135.00 310949 2/4/14 17,392.21 310950 2/4/14 46.13 310951 2/4/14 250.00 310952 2/4/14 135.00 310953 2/4/14 480.69 310954 2/4/14 4,333.57 310955 2/4/14 125.00 310956 2/4/14 879.00 310957 2/4/14 99.98 310958 2/4/14 3,214.53 310959 2/4/14 230.00 310960 2/4/14 150.00 A/P Total 703,719.40 253324 1/29/14 1,251,276.09 253325 1/29/14 169, 463.87 253326 1/29/14 217,335.56 253327 1/29/14 86,408.11 256203 1/30/14 67,675.00 256310 1/30/14 90,462.50 712,661.44 887,366.22 $ 4,186,368.19 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN LUIS NATIVIDAD, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 4t1 OF MARCH, 2014. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 4, 2014 AGENDA ITEM NO. 1_0 ITEM TITLE: Public Hearing — Conditional Use Permit for the sale of beer and wine for off -site consumption at an existing market (El Super Market) located at 1811 "L" Avenue. (Applicant: Rodel Chalabi) (Case File 2013-27 CUP) PREPARED BY: Martin Reeder, AICA DEPARTMENT: PHONE: 836-4313 APPROVED EXPLANATION: The project location is El Super Market, a neighborhood market in a small shopping center at the southeast comer of East 18th Street and "L" Avenue in the Minor Mixed -Use Corridor (MXC-1) zone. The applicant is requesting to sell beer and wine for off -site consumption between the hours of 9:00 a.m. and 10:00 p.m. seven days a week. Council reviewed the Notice of Decision of the Planning Commission's approval at their meeting of February 4, 2014 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. ENVIRONMENTAL REVIEW: JNot a project per CEQA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission BOARD / COMMISSION RECOMMENDATION: trhe Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, Bush, Flores, Pruitt Nays: Garcia Absent: DeLaPaz ATTACHMENTS: �1. Background Report 2. Recommended Findings for Approval/Denial 3. Recommended Conditions of Approval 4. Location Map 5. Planning Commission Staff Report. 6. PC Resolution No. 2-2014 7. IPS comments 8. Reduced Plansj BACKGROUND REPORT The project location is El Super Market, a neighborhood market in a small shopping center at the southeast corner of East 18th Street and "L" Avenue in the Minor Mixed -Use Corridor (MXC-1) zone. The existing market is approximately 1,200 square feet in size. Other businesses in the center include a Laundromat and a smoothie/frutas business. The area is mostly adjacent to residential uses, with a church across "L" Avenue. El Super Market has been in business for several years, but is now under new ownership. The applicant is requesting to sell beer and wine for off -site consumption between the hours of 9:00 a.m. and 10:00 p.m. seven days a week. Beer and white wine would be stored in a cooler located in the rear of the store. Red wine would be stored on a shelf, nearby the cooler. The submitted application also included a petition in support of alcohol sales, which was signed by 192 people (attached). Section 18.30.050 of the National City Land Use Code allows for off -site alcohol sales with an approved Conditional Use Permit (CUP). Requirements for the CUP include a community meeting and distance requirements. Pursuant to Section 18.30.050 (C), a community meeting was held Wednesday, November 27, 2013 from 9:00 a.m. to 12:00 p.m. at the National City Chamber of Commerce. The applicant has stated that no-one was in attendance Chapter 18.030.050 (D) requires that businesses that sell alcohol as a principal use maintain a 660-foot distance from schools. However, sales of alcohol in this case would be accessory to a market, and would thus not be subject to this requirement. Although there is a church across the street, the Land Use Code does not mention churches with regard to distance requirements. Furthermore, the applicant has stated that the church has not objected to the issuance of a CUP for alcohol sales. The nearest school is Las Palmas Elementary School, located approximately 1,900 feet away. Per California State Alcoholic Beverage Control (ABC), there is currently one other off - sale permit issued in this census tract (121.01), which is El Super (supermarket) located at 3007 Highland Avenue; The other El Super is located almost a mile away. The nearest off -sale outlet is 7-Eleven, located at 1601 East 18th Street (in Census Tract 220), approximately a %-mile away. Census tract 121.01 includes the area of the City between East 18th Street and East 32nd Street. The eastern boundary of the tract is the golf course. The western boundary is "L" Avenue, extending to "J" Avenue south of East 24th Street, extending to Highland Avenue south of East 30th Street. The attached census tract map shows the location of the subject tract. ABC recommends that a total of one off -sale alcohol permit be issued in this census tract, where one exists. This would be an increase of 100%. However, if the City approves a CUP for an additional license, ABC can still issue an alcohol license subject to additional findings. Crime statistics provided by the Police Department (PD) indicate that the reporting area (Beat 23) had a 2011 crime rate of 108%, below the 120% considered to be a high crime area. PD provided a Risk Assessment report, which 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, El Super Market received a score of 15, which would indicate a medium risk. However, PD also had concerns related to water pipes (considered drug paraphernalia) that were on sale at the store. A condition has been added to require compliance with Chapter 18.30.230, which regulates tobacco specialty stores. No comments have been received from the Institute for Public Strategies at this time, although they are aware of the application. Standard Conditions of Approval have been included with this permit, as well as conditions specific to off -sale alcohol sales per Council policy (alcohol sales incidental to other sales items, hours of operation, RBSS training, etc.). A condition is also included that limits the alcohol display area to the rear cooler and shelving areas, prohibiting alcohol storage near the store entrance. No other Departments provided comment. El Super Market has been licensed at this location since 2007. The subject census tract is not currently over -concentrated with off -sale alcohol licenses, although issuance of another license would result in a 100% increase in off -sale outlets and in an over - concentration situation. However, the other license in this census tract is almost a mile away and has little influence on the area surrounding the subject area. Conditions would ensure that, if approved, the sale of alcohol for off -site consumption would not have any negative impacts on the surrounding community. Planning Commission conducted a public hearing on December 16, 2013. Commissioners asked questions regarding conditions of approval and items for sale at the market. The Institute for Public Strategies provided written comments at the meeting, which are attached. The Commission voted to approve the Conditional Use Permit based on required findings and subject to Conditions of Approval, with an added condition prohibiting the sale of tobacco -related or drug -related paraphernalia. The Notice of Decision of the Planning Commission approval was reviewed by City Council at the February 4, 2014 Council meeting, at which time the item was set for hearing in order to discuss the item further. Councilmembers discussed the need for color photos, dates for photos, and the omission of gang names in submitted materials. In this case, the names were included in comments received from the Institute for Public Strategies (IPS). IPS has been apprised of the request for future comment submittals. However, because these most recent comments were seen and acted upon by the Planning Commission, no change to the current project comments has been made, as the Council needs to see what the Commission was presented at the original public hearing. RECOMMENDED FINDINGS FOR APPROVAL 2013-27 CUP, 1811 "L" Avenue 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 neighborhood market in an existing commercial center and the sale of beer and wine is not expected to increase the demand for parking on the property. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since East 18th Street is classified as a collector street in the Circulation Element, and the sale of beer and wine for off -site consumption is not expected to result in an appreciable increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use is compatible with other similar businesses located nearby and within a quarter -mile of the property; 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 continued viability of a neighborhood market, 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 alcoholic beverages pursuant to law. RECOMMENDED FINDINGS FOR DENIAL 2013-27 CUP, 1811 "L" Avenue 1. That the proposed use is not deemed essential and desirable to the public convenience and welfare, since issuance of another off -sale license would result in an over -concentration of off -sale alcohol licenses in census tract 121.01 in which the subject property is located. 2. The proposed use is not deemed essential and desirable to the public convenience and welfare since beer and wine is currently offered at an outlet within a quarter -mile of the subject property. 3. That public convenience and necessity may not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED CONDITIONS OF APPROVAL 2013-27 CUP, 1811 "L" Avenue General 1. This Conditional Use Permit authorizes the sale of beer and wine for off -site consumption at an existing market located at 1811 "L" Avenue. Plans submitted for permits associated with this project shall conform to Exhibit A, case file no. 2013-27 CUP, dated 10/24/2013. 2. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Municipal Code. 3. 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. 4. This Conditional Use Permit may be revoked if the Permittee is found to be in violation of Conditions of Approval. 5. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the 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 6. The sale of alcoholic beverages shall be limited to between the hours of 9:00 a.m. and 10:00 p.m. seven days a week. 7. All beer and wine products shall be stored in the rear cooler or rear shelving areas. No alcohol products shall be stored in proximity to the store entrance. 8. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 9. 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. 10. Wine shall not be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 11. 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. 4 12. 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 Permittee. 13.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. 14. 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. 15. The Permittee shall post signs in compliance with the requirements and specifications of subsection B of section 10.30.070 on each exterior wall of the licensed premises that faces a vehicle parking lot, to read as follows: "WARNING It is unlawful to drink an alcoholic beverage or to possess an open alcoholic beverage container in public or in a public parking lot. NCMC 10.30.050 and 10.30.060." 16. Containers of alcoholic beverages 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 Permittee 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. Every employee of the Permittee, including ownership and management, 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 commencing alcohol sales. 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. No tobacco -related or drug -related paraphernalia is to be sold on the premises. 5 Police 21. 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. 6 E 17th St al N 1704 00 1720 1705 1715 1712 1720 RS-2 MXC-1 1819 1827 1829 1849 1901 1905 1734 N (n w 0) 1810 1828 1902 1904 1906 1910 1916 r (D 1725 N 0 0 0) N O co N 0) cn N W W O 0) 0) 7.1 E 18th St 1827 1831 1833 W O 0) 1905 RM-2 1907 lor 1933 — r Project Looatton Zone Boundary I I_� I Feet 0 75 150 300 APN: 561 -2 1 0-32 Planning Commission Location Map 2013-27 CUP 12,4.1$ 7 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel No.: Staff report by: Applicant: Property owner: Combined General Plan/ Zoning designation: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 3 December 16, 201 CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE FOR OFF -SITE CONSUMPTION AT AN EXISTING MARKET (EL SUPER MARKET) LOCATED AT 1811 "L" AVENUE. 2013-27 CUP Southeast corner of East 18th Street and "L" Avenue. 561-210-32 Martin Reeder, AICP Rodel Chalabi Khalid Jabro MXC-1 (Minor Mixed -Use Corridor) Residential across East 18th Street / MXC-1 Multi -Family Residential/ MXC-1 Single -Family Residential / RM-2 (Multi -Unit Res.) Church across "L" Avenue / MXC-1 Not a project per CEQA BACKGROUND Site Characteristics The project location is El Super Market, a neighborhood market in a small shopping center at the southeast corner of East 18th Street and "L" Avenue in the Minor Mixed -Use Corridor (MXC-1) zone. The existing market is approximately 1,200 square feet in size. Other businesses in the center include a Laundromat and a smoothie/frutas business. The area is mostly adjacent to residential uses, with a church across "L" Avenue. El Super Market has been in business for several years, but is now under new ownership. Proposed Use The applicant is requesting to sell beer and wine for off -site consumption between the hours of 9:00 a.m. and 10:00 p.m. seven days a week. Beer and white wine would be stored in a cooler located in the rear of the store. Red wine would be stored on a shelf, nearby the cooler. The submitted application also included a petition in support of alcohol sales, which was signed by 192 people (attached). 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). Requirements for the CUP include a community meeting and distance requirements. Community Meeting Pursuant to Section 18.30.050 (C), a community meeting was held Wednesday, November 27, 2013 from 9:00 a.m. to 12:00 p.m. at the National City Chamber of Commerce. The applicant has stated that no-one was in attendance Distance Requirements Chapter 18.030.050 (D) requires that businesses that sell alcohol as a principal use maintain a 660-foot distance from schools. However, sales of alcohol in this case would be accessory to a market, and would thus not be subject to this requirement. Although there is a church across the street, the Land Use Code does not mention churches with regard to distance requirements. Furthermore, the applicant has stated that the church has not objected to the issuance of a CUP for alcohol sales. The nearest school is Las Palmas Elementary School, located approximately 1,900 feet away. Alcohol Sales Concentration/Location Per California State Alcoholic Beverage Control (ABC), there is currently one other off - sale permit issued in this census tract (121.01), which is El Super (supermarket) located at 3007 Highland Avenue. The other El Super is located almost a mile away. The nearest off -sale outlet is 7-Eleven, located at 1601 East 18th Street (in Census Tract 220), approximately a'/ -mile away. Census tract 121.01 includes the area of the City between East 18th Street and East 32nd Street. The eastern boundary of the tract is the golf course. The western boundary is "L" Avenue, extending to "J" Avenue south of East 24th Street, extending to Highland 9 Avenue south of East 30th Street. The attached census tract map shows the location of the subject tract. ABC recommends that a total of one off -sale alcohol permit be issued in this census tract, where one exists. This would be an increase of 100%. However, if the City approves a CUP for an additional license, ABC can still issue an alcohol license subject to additional findings. Police Department comments Crime statistics provided by the Police Department (PD) indicate that the reporting area (Beat 23) had a 2011 crime rate of 108%, below the 120% considered to be a high crime area. PD provided a Risk Assessment report, which 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, El Super Market received a score of 15, which would indicate a medium risk. However, PD also had concerns related to water pipes (considered drug paraphernalia) that were on sale at the store. A condition has been added to require compliance with Chapter 18.30.230, which regulates tobacco specialty stores. No comments have been received from the Institute for Public Strategies at this time, although they are aware of the application. 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 (alcohol sales incidental to other sales items, hours of operation, RBSS training, etc.). A condition is also included that limits the alcohol display area to the rear cooler and shelving areas, prohibiting alcohol storage near the store entrance. No other Departments provided comment. Summary El Super Market has been licensed at this location since 2007. The subject census tract is not currently over -concentrated with off -sale alcohol licenses, although issuance of another license would result in a 100% increase in off -sale outlets and in an over - concentration situation. However, the other license in this census tract is almost a mile away and has little influence on the area surrounding the subject area. Conditions would ensure that, if approved, the sale of alcohol for off -site consumption would not have any negative impacts on the surrounding community. 10 RECOMMENDATION 1. Approve 2013-27 CUP subject to the conditions listed below, based on attached findings; or 2. Deny 2013-27 CUP based on attached findings/findings to be determined by the Planning Commission; or 3. Continue the item to a specific date. ATTACHMENTS 1. Recommended Findings for Approval/Denial 2. Recommended Conditions 3. Location Map 4. Census Tract Map and Police Beat Map 5. Alcoholic Beverage Control Risk Assessment 6. Community Meeting Information 7. Petition in support of alcohol sales 8. Public Hearing Notice (Sent to 724 property owners and occupants) 9. Applicant's Plans (Exhibit A, case file no. 2013-27 CUP, dated 10/24/2013) Au„61AA-, MARTIN REEDER, AICP Principal Planner 11 RECOMMENDED FINDINGS FOR APPROVAL 2013-27 CUP, 1811 "L" Avenue 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 neighborhood market in an existing commercial center and the sale of beer and wine is not expected to increase the demand for parking on the property. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since East 18th Street is classified as a collector street in the Circulation Element, and the sale of beer and wine for off -site consumption is not expected to result in an appreciable increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use is compatible with other similar businesses located nearby and within a quarter -mile of the property; 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 continued viability of a neighborhood market, 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 alcoholic beverages pursuant to law. RECOMMENDED FINDING FOR DENIAL 2013-27 CUP, 1811 "L" Avenue 1. That the proposed use is not deemed essential and desirable to the public convenience and welfare, since issuance of another off -sale license would result in an over -concentration of off -sale alcohol licenses in census tract 121.01 in which the subject property is located. 2. The proposed use is not deemed essential and desirable to the public convenience and welfare since beer and wine is currently offered at an outlet within a quarter -mile of the subject property. 3. That public convenience and necessity may not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 12 RECOMMENDED CONDITIONS OF APPROVAL 2013-27 CUP, 1811 "L" Avenue General 1. This Conditional Use Permit authorizes the sale of beer and wine for off -site consumption at an existing market located at 1811 "L" Avenue. Plans submitted for permits associated with this project shall conform to Exhibit A, case file no. 2013-27 CUP, dated 10/24/2013. 2. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Municipal Code. 3. 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. 4. This Conditional Use Permit may be revoked if the Pemiittee is found to be in violation of Conditions of Approval. 5. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the 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 6. The sale of alcoholic beverages shall be limited to between the hours of 9:00 a.m. and 10:00 p.m. seven days a week. 7. All beer and wine products shall be stored in the rear cooler or rear shelving areas. No alcohol products shall be stored in proximity to the store entrance. 8. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 9. 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. 10. Wine shall not be sold in containers of Tess than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 11. 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. 13 12. 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 Permittee. 13.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. 14. 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. 15.The Permittee shall post signs in compliance with the requirements and specifications of subsection B of section 10.30.070 on each exterior wall of the licensed premises that faces a vehicle parking lot, to read as follows: "WARNING It is unlawful to drink an alcoholic beverage or to possess an open alcoholic beverage container in public or in a public parking lot. NCMC_10.30.050 and_10.30.060." 16. Containers of alcoholic beverages 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 Permittee 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. Every employee of the Permittee, including ownership and management, 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 commencing alcohol sales. 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. Display of tobacco -related products shall comply with Chapter 18.30.230 related to tobacco specialty stores. Police 21. 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. 14 1164, Copvneht ant 99910UOMIcrpaolt Or 0 7ut8N Nrs-. All ne' le re d O nab, 99-1�3Inept llSte Wei oft A1M RSOne Cethln mapylne44 tlkec9on.tlate en005.'WIleiEC Ire e�tl. NAZI', E6 'end E N'�Ol i a ro1ra�riaarla fNA ,:=?%0 Tele�legi No erica. lee. ha sbrvetl Tele AUae ancrtele66a& NbM'Ameht 'aretraeeatarka cerele'A.9Y6�-InE.' _!-=+. Source: Microsoft Mappoint NCPD CAU, 4/18/07 City of National City Beat 23 16 EL SUPER MARKET 1811 "L" Avenue National City, CA 91950 November 15, 2013 Dear Neighbor, El Super Market located at 1811 "L" Avenue, National City, CA 91950 is a family owned and operated market. It is now under new ownership and management. When we took over the ownership of the market about three months we joined National City chamber of Commerce; we improved on it; and we also established cordial and meaningful relations with our customers, the church, and the neighboring community. We are totally dedicated, committed, and determined to provide our customers with excellent service and merchandise at reasonable and competitive prices. Upon the request of our customers through their signed petition, who urged us to apply for beer and wine, we responded and have applied for that license with both the Alcoholic Beverage Control (ABC) and National City Development Services Division. The application is now in process by both ABC and National City. We are sending you this letter to seek your support and also to invite you to a community meeting which will be held on Wednesday, November 27, 2013 at National City Chamber of Commerce located at 901 National City Blvd., National City, CA 91950 between the hours of 9Am — 12 noon. Your presence and support will be greatly appreciated. We look forward to your participation and support. Thank you. Sincerely, Rudy Owner, El Super Market 17 EL SUPER MARKET 1811 "L" Avenue National City, CA 91950 November 27, 2013 Mr. Martin Reeder, AICP Principal Planner, Planning Division 1243 National City Blvd. National City, CA 91950 Hello Martin, Re: Community Meeting — Case No. 2013-27 CUP The community meeting was scheduled today between the hours of 9AM-12 noon at the National City Chamber of Commerce conference room. I arrived here at 8:45AM to prepare for the meeting. During those scheduled three hours no one showed up at the meeting. So at 12 noon I left and notified the Chamber of my departure. Ms. Irma Islas, the Chamber's Membership Coordinator can attest to the no-show, my arrival, and departure from the chamber. I was somewhat surprised that no one showed up at the meeting despite the fact that both the property owners and the residents within 660 feet radius were notified by mail. Here is the break -down of the mail sent to notify the under mentioned of the meeting: 186 letters to the property owners 533 letters to the residents Letter to the National City Police Dept. Letter to the Institute of Public Strategy Letter to Neighborhood Services Division Letter to the National City Chamber of Commerce Letter to Sweetwater Union High school Letter to National School District Moreover, there are 336 signed and submitted petitions in support of El Super Market to obtain its beer and wine license to serve its customers' necessity and convenience. In view of the above, it clearly appears that no one is objecting to El Super Market obtaining its beer & wine license; otherwise those protesting would have shown at the scheduled community meeting. This concludes my report. I also sincerely hope that the Planning Division will approve the CUP to granting El Super Market's request for the beer & wine license. Thank you for your input and cooperation in this effort, which are highly appreciated. Sincerely, S . ihad, Ph.D. fo . uper Market eQP (ii)7oi-3fadn 18 NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 11/11/13 BUSINESS NAME: E1 Super Market ADDRESS: 1206 E. 18th Street, National City, CA 91950 OWNER NAME: Rodel M. Chalabi DOB: 10/28/1985 OWNER ADDRESS: 1811 "L" Avenue, National City CA 91950 (add additional owners on page 2) I. Type of Business ❑ Restaurant (1 pt) X Market (2 pts) 0 Bar/Night Club (3 pts) II. Hours of Operation ❑ Daytime hours (1 pt) ❑ Close by lOpm (2 pts) X Close after 10pm (3 pts) III. Entertainment 0 Music (1 pt) 0 Live Music (2 pts) 0 Dancing/Live Music (3 pts) IV. Crime Rate ❑ Low (1pt) X Medium (2 pts) 0 High (3 pts) V. Alcohol Businesses per Census Tract 0 Below (1 pt) 0 Average (2 pts) X Above (3 pts) Notes: Census Tract 121.01 allows 2 on -sale and 1 off -sale licenses the census tract currently has 3 on -sale and 1 off -sale type — the census tract is currently over -saturated. 11 calls for service, none directly associated with the market. Medium Risk. Owner had water pipes in the store upon inspection on 11/11/13 see attached pictures. Worker explained they were Hookah pipes. Revised: 7/11 1 of 2 io National City Police Department VI. Calls for Service at Location (for previous 6 months) X Below (1 pt) ❑ Average (2 pts) ❑ Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) ❑ Mostly commercial businesses (1 pt) ❑ Some businesses, some residential (2 pts) X Mostly residential (3 pts) VIII. Owner(s) records check X No criminal incidents (1 pt) 0 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 15 OWNER NAME: _ Rodel M. Chalabi DOB: 10/28/1985 OWNER ADDRESS: 1811 "L" Avenue, National City CA 91950 OWNER NAME: DOB: OWNER ADDRESS: Recommendation: Over -saturated census tract, 2 on -sale and 1 off -sale allowed. The census tract currently has 3 on -sale and 1 off -sale. A site inspection showed that there were water pipes on the premises (drug paraphernalia). The owner and worker stated they were Hookah pipes, there is no difference between bongs and Hookah water pipes. Completed by: Graham Young, Lt. Badge ID: 365 2 of2 20 ELSUPER MARKET 1811"L" Avenue, National City, CA 91950 TO: ABC & National City Police We, the undersigned customers of ELSUPER Market do hereby fully support its owner's request to apply and obtain the beer & wince license to serve our needs and convenience. The owner is totally dedicated and committed to provide us with excellent service and merchandise to meet our needs and convenience. Name -f-Aauo() L Signatures L Address t9\5°0 AV - Name 'df [ 'y`,. Address )r 5 7 r[ 5 f1J G '° Name 'r ,, !!• 1 lOtc+2A&� Address ,�j 1 _ G o Name �f-11C.d i irl/✓ n � e /� Signa ` Address `a" 0 �— AYE G [ Q t �1 15 0 Name Un.r3 S pC ck a te. Address r Q PcVt N1 C CR- Name 0 Address 9A a/ ,, P' Q/ N Name %cii S -'111 7-G Address 039 L uvt. Name ,So (J r Address °Cr Name Address `_1 1 3 d LE-6 5 ;,� (S t j -J C Name 491141'\ _zetri e Address vi% 1- t e- 1V4-ieriak d ie4e-Cr's /'Y%//Zd, F-) Name Address c) Name ,.r \ 1 Atryo Address ©a a� ' q " «2i Date 8,i®i3 Signature Rate 0 t3 Signature''`% Date q' 'l Signatui ( 1 � 0 Date g - ® • 13 Signatu Signatur Signature Signature Signature Date Date 0.2o -n Intl�,�C Date g~2O'l?J L gict50 Date -- 13 Signature Signature Date 4Y Date (: -Z�r-t4j 11 . ELSUPER MARKET 1811"L" Avenue, National City, CA 91950 TO: ABC & National City Police We, the undersigned customers of ELSUPER Market do hereby fully support its owner's request to apply and obtain the beer & wince license to serve our needs and convenience. The owner is totally dedicated and committed to provide us with excellent service and merchandise to meet our needs and convenience. Name 5- Signature IJC C Ttt45-0 Date ctA%zs, Address "2.2 5 9 aro Name .� Vd Dv+ Address '--C6 4 Name Address �pp % 3 `/2 Name Address Name Address Name Address Name Address Address I a Q L V t. Name J 0..ukci (Loaf( de-3 Signature . 1. Addressl 8 1 C( 14 1+ 'hi 5. 0- Date Name V d A t ilut fA Signature Address 35r—�; hyi £ � . Date Name • - o.t.,) Q1 C AO NmflUzo Signature Address ,?j ill 9. c_ATOS 7A- Date (8 i Name R, 1 G Y A Signature Address Z,7/8 A EVG` Ot V'e.. A/C- Datef¢-8'k3 Sign Q M <4 11l j Date Name J [A 1 1 & t Signature V L) 1 . Date ?— - 13 22 Name Addres Name ELSUPER MARKET 1811"L" Avenue, National City, CA 91950 TO: ABC & National City Police We, the undersigned customers of ELSUPER Market do hereby fully support its owner's request to apply and obtain the beer & wince license to serve our needs and convenience. The owner is totally dedicated and committed to provide us with excellent service and merchandise to meet our needs and convenience. Name ld t r' CPCt'f14 Addres/cm /rz- NameG t9S' Address f03a- j��irit Name \\ \f 111 jp1 CC jj CUUW ,A o Address V'L'Q' , t,(01‘ St} e ap,1 Name C+eCa(do G.ut1Met Address V 4 E Itt S kff,tr Name 3CsG¢-r-( C v / G (e"T Address [ C nit Name JC'i 0G\ `7-a+ 1114ata Address Name Address Name Signaturee7 , Signature Signature Date ' 6 / % f �R Signature Aga -441gon Date g11/11 Signature fD/ate p Signature ,��P,h'JX �"— 144,T � ail I) ,14, Co. Uco n3 6 s1- Date O / / (/3 i d t LO Z' Signature Address ILL 1- C' Olaf te i /,; 3 : Address mitt a,� 40Iv Name -Tit -in ( 'c Address F t8}h Name Address Date Cf (rj MIL Signature Date C� b'r Date C{ --( ` [3 Signature i • lic.H i Cri 9Y/52, Signature f tf atot ignature� /3- ELSUPER MARKET 1811"L" Avenue, National City, CA 91950 TO: ABC & National City Police We, the undersigned customers of ELSUPER Market do hereby fully support its owner's request to apply and obtain the beer & wince license to serve our needs and convenience. The owner is totally dedicated and committed to provide us with excellent service and merchandise to meet our needs and convenience. Name K/ (1 Address i q 3-- Name Signatur Address )i 2) c Z% / c (SS?) Name d 7167-- Signature Address / 9 2 ? •/k/ 7 Name %it/1 5 '604Ulf N / t Z Signature q / L / Address 31 dot, f 464- 4 (/J4 f 2G,(, C - `'g� Date l/ Name lr;cfj a n J! i 114 Signature 4/ ('O / f l Address E-A Ig70 AJ { )dC L)a Isom 1 C i+Y C& l f19s0 Date 9 5 /2 Name j U (7,171.9 '; Z. / zQ' rra'Q Signature kl Address / `J' 57l ( /4I VLF Wife( ho4 Cc �.y Dater 9l ell Name < j iIli/CA (a (1' Cl Signature 9(7111/1/14a Address ' 16o 0 I4.ir(Qj Date �O Name NI OR, MUV11 bSignature !V 6 ed t t M t} h %1 E IS st 40--Z2 iv/if-Iona' cif/ Get DaPApprj , l3 Name � � i Q�R (ZA' Signature r,�, 1 1111 /gi ? 1 ' C__, Dat f —J Name A be 11 ., I Signature 0/10 4 4 (1 e �� �`n C `A tl Date 9 1 s-/ 0 tzs Name M P c1 Pk -Signature G`C``t Date crIS1 i3 Signature Address 130(p Address Address P"2-0 N 44-1 cwt Signature �--3-13 46/ /75r Date G/ y'c�� Address 1 }t`\ R ST, N"Tt ut-k1 Namekr16 C C-' Address c2 f o % [ "lica0 Date Cl/ ! 24 Address Name Address Address ELSUPER MARKET 1811"L" Avenue, National City, CA 91950 TO: ABC & National City Police We, the undersigned customers of ELSUPER Market do hereby fully support its owner's request to apply and obtain the beer & wince license to serve our needs and convenience. The owner is totally dedicated and committed to provide us with excellent service and merchandise to meet our needs and convenience. Name R 'risgh clove z Address 352 3 a,_jcz ST Name S Address 'L.0 2( vct �,•i__- Name 1:36guLtik$c Q W Address TvO c -(PQd E Name S ST.44.n, ARaA- Signature ieW3o%13 Signature ate3 Signature q tl,k— Date a —1-� 13 Signature. ,4 _e,`�i Address r oaQ - 0 Name Address Name Address tq3 Name 5 as^oaro Address Date � / / / 3 Name 'fib yl [I\) Signatures r Address fJ Q; (7 ( 6045 0010 tl C, lam►' Citc- Date 01-t-11) Name 1 ..,,,,, / a7 r Signature o s, Address 1 f / Pt / „.7 £/ i 641" Date I5 Name Dna W4 aor1ZQ102- Signature _90 KrA-1-io nal C►' NamePf /C /t// /d/ 2 Q 15ao NA-H.0(041 G fy ELSUPER MARKET 1811"L" Avenue, National City, CA 91950 TO: ABC & National City Police We, the undersigned customers of ELSUPER Market do hereby fully support its owner's request to apply and obtain the beer & wince license to serve our needs and convenience. The owner is totally dedicated and committed to provide us with excellent service and merchandise to meet our needs and convenience. Name OO ` )A,c ALta.5 Address t--g G. t_$1-0 gr_ m1cca TU IMP Address 110? 1 co -al T , INt\ C'4 Name Signature %%,,.•o Name t a,-4 a \) Ct{ Q5 Address 1 Name Address 1v11a-nO \Ikt. G(-ri Date '3.1►9 l' 3 Signature Date abet��?j Signature cAc4 V acc UL Date 1 I,. [ I %3 Name J U L 1 O e,AEOl'//j Signature Address /2-Q cl j (Q ,S"(- N•tup,(/f}C ! '7 //PT/55 Date Name Address Name �C (�- Address �� L / S C' A.- Signature �. �G / C7/7/3 Name 4 Cot lye& Address Pia `as.) it S fir¢€ Name L. fi die i ;;: Address ^ �-t- e,-i Name Mkcic it440 Address 90 (6%`1\ VAIA C/ OtecG\\°%1 Name 411.4� leteLLi„tr Address( „r ill 1._A Name I L t �^i�e Z Address Signature Signature Signature Date 2)—` 13 Date 4-1—ZO Date Signature 2_.l�„�_ Date g l 2 , // 26 Address Nke Address ELSUPER MARKET 1811"L" Avenue, National City, CA 91950 TO: ABC & National City Police We, the undersigned customers of ELSUPER Market do hereby fully support its owner's request to apply and obtain the beer & wince license to serve our needs and convenience. The owner is totally dedicated and committed to provide us with excellent service and merchandise to meet our needs and convenience. Name anGt. r �Gt �Q�c� € Z Signature n Addressrjfr7 ri L AV P r1at1�Nale j�ty C4'J/4'Sb Na&e IC'Cfl 4 t Na v o- Signature • Address 2 03 q L v 1l js,i t c 1,4'1 Date 8- 15-13 Nate PATQI 4.14 talc h,U. Signature- Address �311 - L- A✓e 1" po-% 64,06A C,., r c tt-. i,t i. s1Date 9 --t r-13 Nate µe-34.4.,1.G. Mu r 1,6 Signature Address 23 aNJ_ _ C II Na�he W-1oSc. 9.Fs.keS Address E.7/y M. sr ,v.c Name JJrs4er OrAvi-rro Ad dress 19 33 G. Aut ftprj Name NeJCr'4i D d5 Addressis 12,16( F iB/'�- API- .�'e� 4/9 sn Ndfie I1-1 Ifh� 4 v'V Address 211 1 ()-i- P)6474 r3lvol All- 1 aZ Naive Fe' a i Le J't Cotod Address 17 3 jZ L t(Vq ¥t 5 NJ&e L015 r-MI71 f c Address 19 Xo L. AV6; Nadlof 1c*kJ Nine �ec� 62.44. . .? 5/Q L f}v� ul?..b,sitstlqw ,Q IQ,AAvD , J5' 0 _$' 1V. e i f' tieir Signature Signatur 4'f'f z.. ate $-j5'-13 -Is_-13 Date 15 13 Date ,$ /) SignatureEl r. - Date 2- iS -13 Signature % '- Date p-17-13 Signature (42,-41jq,,,o 7Y4.06j Date 8--16- 13 Signature Ldts . M/Yr fc 3- 11950 Signature Signature Date g- 16 --13 Date- 1 S- 1 3 Date eV "13 ELSUPER MARKET 1811"L" Avenue, National City, CA 91950 TO: ABC & National City Police We, the undersigned customers of ELSUPER Market do hereby fully support its owner's request to apply and obtain the beer & wince license to serve our needs and convenience. The owner is totally dedicated and committed to provide us with excellent service . id merchandise to meet our needs and convenience. Nate .1/L l� laios Address (13 NNk ne Tit sc Nwk-6nit% Address N L ��P;at�t 1.A P�-- Address t — 35 . . /eV %U t t t Name Tpse f 0f2'ci t Signature j o Address 1021'E1Ss4 )jorL.Qcr CA l(c15 Name' Lt k`( /�` ,(Linr,•k--,,nn dd _ Address l`&)< V 7 is �' J L C roct,(A. Cl,{ a Signature Signature UJSC Signature Date9—/ % 13 Dat __ _ Date +%[6/l� Date _____ Name Signatu Signature 0 Date ��6"? Date Signature pp,, Address 11 1)1, . l?"5�'' Ayk ' 3 ' 140 G( V Address C Name 14(1tia. ��f1Q�1,r?il, Name G,4� 5 «� Address Name c Address n tf157 Name t{ Address A Signature Name Yi Oc _ Signature 4 ?SS L-. rq4 Name 4 O L V f h t&o 4 Address J I ©a t. OW 6_ Address itcb Date �[(v/ /3 c Date a//�/ Lora Signature G. i Date4✓Jp.. /) 28 ELSUPER MARKET 1811"L" Avenue, National City, CA 91950 TO: ABC & National City Police We, the undersigned customers of ELSUPER Market do hereby fully support its owner's request to apply and obtain the beer & wince license to serve our needs and convenience. The owner is totally dedicated and committed to provide us with excellent service an. I erchandise to meet our needs and convenience. Name Mal) Al CL1 k 1& he s Signature Address f 0 L-U \'t-' o.k jj G11 S'� `,/ y' (� � d�IC�C� � Date ,��7Y'l Name i{% ct'is) d l l/Irk Signature Address rr� 7 % c �j SPh „t Q� Name l� V e �.nV1 '( i� ir avarte' Address Name Address ILbI G.'1-h'►, 41- tq[D Name Address Name M4r12 f(+J C Address 2 1 12 N Pc.1 . yJ G Name -.ids,'" . - \p•Sej Signatur Signature 50 - Signature Signature Address lexkk A GU. c \q Date g96 •1 3 Signature D�te Name titikkac 4444 Signature Address \MA E \AI* 44 iJ G Rer Name J A it/bat ij 9 V Lt. "ems Signature 3 Da e Q-lb-/, Address ! r 20 4 ALPe iv. Name 4010d q 1‘ ti M Address i:-2 0 N, c c Name &7a r Ctd Ar i7 Address Name Address /909 z ,v 919.E Signature Signature Signature Date j 4 7.1.7 r.Unw d 4 1 t q j,., Date $l (013 Date d" Date g_ 1%i3 ELSUPER MARKET 1811"L" Avenue, National City, CA 91950 TO: ABC & National City Police We, the undersigned customers of ELSUPER Market do hereby fully support its owner's request to apply and obtain the beer & wince license to serve our needs and convenience. The owner is totally dedicated and committed to provide us with excellent service and merchandise to meet our needs and convenience. Name / 1' 1 1"1 �1Ycy Address v �0 �L Name Address /'g 11 F. /€+R /(/ Name oV Ov+ Address � 6 . • 1 ��` C. � . • 91 Name Al 3ofAc 460% y�" 'room Address N lECOs ,(o * ice, •.� C. ' Name 2 3 " /; - • Ai PIP- /YG4 C / f'Signature Address Signature Name d'h11' ` ?{+ Signature Address t fli L #.'.t trit ikkt a Name n'Mt 2,a marl Signature i I Address--92^0 L. m-e) Na4ionQI c -y Name JD 734OC'O • Signature Address 1'1.Z04 v Adsit4 LsJL Signature-- c Name Address Name Addre Name Addres • Date %N/j Signa Dateg-f �3 Signature OZ V ' :ate Q, .%% %— Signature Name ..�/ Signatur Address W‘' `% 7 4-L74q 8—ir 13 Date Q cY 30 Address 41 ELSUPER MARKET 1811"L" Avenue, National City, CA 91950 TO: ABC & National City Police We, the undersigned customers of ELSUPER Market do hereby fully support its owner's request to apply and obtain the beer & wince license to serve our needs and convenience. The owner is totally dedicated and committed to provide us with excellent service and merchandise to meet our needs and convenience. Name NW \ r V'J g) z Signature Address /7 qj ,k iu £N" t. NQ K1R ( e i j e, ctioso Date O 20(2 Name :•1 NrektOr7. Signature Address I 2t, t.JA-T(OJ 4L r.,1 Ty CA ?fi5dDate Name ,DAu10 Signature Address 19'fJ' Con%g (�,Br�jrx,�t, Qrc_ Date : -1(9- /3 Name E/~t �L(C / j t.,]S Signaturet'L Address /aO ‘ Name Signature Address Name Address Name h � t �'_ f ae .... - - .. • r ��," f Signatur (; �n CAA) j Address n?0 L- G Y Q' 4 v to Y �4— C y � "l � lgte l� 'WI' 117 Name %Jam , , L- u- ,QC. Signature Address Name Address Name Addres Name Address 31 ELSUPER MARKET 1811"L" Avenue, National City, CA 91950 TO: ABC & National City Police We, the undersigned customers of ELSUPER Market do hereby fully support its owner's request to apply and obtain the beer & wince license to serve our needs and convenience. The owner is totally dedicated and committed to provide us with excellent service and merchandise to meet our needs and co venience. NamleAre--/t, Address v r 7`i Name Qom' c °7� I� 00-4`C, �� `� sr Address Name Signatu� Date Signature Signature Address 7.97 , 4 --,-_&1 (, Cap e_I! JD to Name G_. L 5 , e-• L-c_27__ Signature Address / 7 7 F5 L.--- cs 1 r----j- -'4-c Da Z / -i 3 C, e,z. Signature Name )o,v, CA( Address VAA'S— Ns.):ty W u'LSr'it42.ACliulSVA.o. Date &I D( 03 Name ii / t/21 Signature Address ZZq afi Date Name II (2474v AP44 Signature Address '21 d _ c ("& Name Address , Name dL ��a4Signature Address l �� Date Name 5.e Signatur Address 1 f\ ,96, s kf6# e "v o 1 Name ,.A ( c Signature Address i e.. e I Name 1� N Q PA. its Signature l��sQJ�,r� Address r �-1 `1 9 . i� �� %U C' L Date 42i, Date 7-2 f'l3 Date f' �3 (0 Date $ 32 Address i t•�:+.. IN C tut Address .r 0 II ,\r 'e 4 ELSUPER MARKET 1811"L" Avenue, National City, CA 91950 TO: ABC & National City Police We, the undersigned customers of ELSUPER Market do hereby fully support its owner's request to apply and obtain the beer & wince license to serve our needs and convenience. The owner is totally dedicated and committed to provide us with excellent service and merchandise to meet our needs and convenience. Name &4121, /fi C l Signatur Name Name Address Name Address Name Address v Signature .4/4 c c Signature IG, k C4/ C \ l�le'b Date Signatu Signature Date Date Name .4A,ofr D .1}ph 1 Signature r114 ' Address # 24 )6 ' 540 T3,4 0 (, gj/3?Date Name Name A) (2-- C r J Addressv °,, PA) • NRf x Gt Address Name Address Name %jos5c jZ. 2 s //s7L /(-). c c�(-� 4 (c( 0 e5 Signature Signa C-. 22 once) Signature ' ✓ CL.. Address t Y30 Y6 L. MC. i ) 4i 0(ca QM. CA, 4 F Date 5- ___ Name e (Z-a�//t'c1. Qonc_.. j c Signature _s__Z :,c -r� 9{�(,_. Address i � l� A Ug tv4- ai e TE -co COO Date 8 ` 13 Name C C. t kv S ®c •0‘/b Signature E t Z&O4h nat. Address t C `L1..S tN f L NO it2,t„Ac, EA" Date t'-13 —11 33 Address hi 1 e Name Address Name orr ,,c,Ife_ _ Signature Address / .9 7 S7 Date `p ^ / '-- Name Address `pr`"0 rA� V,2 V Name p�;kk,(A10012,10 Signature Address TL c,l /� ( ( q `Z i Sq Name 1 i'Q C ( lit.,)k p �-+-Q _ CA Signature- Address /cRJ 5 yk ciYie (iti ELSUPER MARKET 1811"L" Avenue, National City, CA 91950 TO: ABC & National City Police We, the undersigned customers of ELSUPER Market do hereby fully support its owner's request to apply and obtain the beer & wince license to serve our needs and convenience. The owner is totally dedicated and committed to provide us with excellent service and merchandise to meet our needs and convenience. Name 'Zoncaybe \k 'cx-rrr- z Signature Addres's R 9 Zog cq9 t D Name 4 47 ,y?� &......„:, Signature Address 8`0L._ r; ,� r f12 Name y\C},C 1 Q ncy,, e, rr Signature Address Name Address Name Address Name Date Name i (d 1 03 i i j sj r T Signature z_ M, -r-- Date '-2 20/3 Signature Date Date Date Date g ,L74i5 34 EER MARKET 1811"L" Av nu , National City, CA 91950 TO: ABC & National City Police We, the undersigned customers of ELSUPER Market do hereby fully support its owner's request to apply and obtain the beer & wince license to serve our needs and convenience. The owner is totally dedicated andcommitted to provide us with excellent service and merchandise to meet our needs and convenience. s' #,. Name ck 6;Of f Address .3/ 71 L / v .. // /1/..(. Date -'7 1.,P Name WI e,-)0,44 Signature - dbec Address i-355 LAM/ 01 ' O'Th V 15H Date 6129113 Name -cps- Signature (12..cyu 4v1. c.c. r37.1cC k Address (Wt. L 4 Vr (Oa I', Ao /I Q t (i (y Name \I Ve I ` , gtatV Signature Address Name �PL i,.. CO'v Address 1' 1 t, AJ4, .• rl Name Address ((j'L G �'GS 4r V cirioY�4l Gi Date - 74 - 13 61 vl / c V Signatur _y / ! finiett-OLe. • C- C' Signature Signature 3 29 Name Address Name Address • wii✓' �� Date /1 Date iy Name 1 9 Signature Address Date e -30--/ Name �% Address �� Name !�w��'� Address [ co, t� `/ Gc Name � ,ArA CCU Address Signature U_C_ Signature Date Signature Date OF-3C7 - e)t AS Signature Address /? G$ A VC Xvi./7o4( _ e t rJ • Name } V-1t IA4 Signature Address iitilit t� a L;X Carr f ;1I 1102 E 11 4' k s Yl .-+i b YIL.L c i f Date di—e -{,7 Signature ' �� Date 4-- �! Signature Date Signature Name Address Name illy g' f t o Address t? s 5 L., 11/' • Name 'Vet, ti„d Address n 2l_i f tff Name Address Z 1(0 L Name Address. Name 1444,4,44p L Address 22 ? Name/ it MOCO Addre Name J .v ELSUPER MARKET 1811"L" Avenue, National City, CA 91950 TO: ABC & National City Police We, the undersigned customers of ELSUPER Market do hereby fully support its owner's request to apply and obtain the beer & wince license to serve our needs and convenience. The owner is totally dedicated and committed to provide us with excellent service and merchandise to meet our needs and convenience. Name S�� • iv v&-- s Signature Signature Signature r � � Signature Address I (5 i d Name leVraIGw`' Signature Address 1' VII C `NO 5 4) Citi— Date Name •y ) Si afore Address '�'SCD.3 -"Vas S± N. `kCivb1 G` , Date Date wt...3 Date c 36 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE FOR OFF -SITE CONSUMPTION AT AN EXISTING MARKET (EL SUPER MARKET) LOCATED AT 1811 "L" AVENUE. CASE FILE NO.: 2013-27 CUP APN: 561-210-32 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, December 16th, 2013, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Rodel Chalabi) The applicant is requesting to sell beer and wine for off -site consumption from an existing neighborhood market (El Super Market) between the hours of 9:00 a.m. and 9:00 p.m. seven days a week. 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 16th, 2013, who can be contacted at 619-336-4310 or planning a,nationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT BRAD RAULSTON Executive Director 37 RESOLUTION NO. 2-2014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE FOR OFF -SITE CONSUMPTION AT AN EXISTING MARKET (EL SUPER MARKET) LOCATED AT 1811 "L" AVENUE. CASE FILE NO. 2013-27 CUP APN: 561-210-32 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the sale of beer and wine for off -site consumption at an existing market (el super market) located at 1811 "L" Avenue at a duly advertised public hearing held on December 16, 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. 2013-27 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 16, 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 neighborhood market in an existing commercial center and the sale of beer and wine is not expected to increase the demand for parking on the property. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since East 18th Street is classified as a collector street in the Circulation Element, and the sale of beer and wine for off -site consumption is not expected to result in an appreciable increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use is compatible with other similar businesses located nearby and within a quarter -mile of the property; 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. 38 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the continued viability of a neighborhood market, 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 alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the sale of beer and wine for off -site consumption at an existing market located at 1811 "L" Avenue. Plans submitted for permits associated with this project shall conform to Exhibit A, case file no. 2013-27 CUP, dated 10/24/2013. 2. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Municipal Code. 3. 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. 4. This Conditional Use Permit may be revoked if the Permittee is found to be in violation of Conditions of Approval. 5. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the 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 6. The sale of alcoholic beverages shall be limited to between the hours of 9:00 a.m. and 10:00 p.m. seven days a week. 7. All beer and wine products shall be stored in the rear cooler or rear shelving areas. No alcohol products shall be stored in proximity to the store entrance. 8. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 9. 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. 39 10. Wine shall not be sold in containers of less than 750 milliliteis. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 11. 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. 12. 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 Permittee. 13. 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. 14. 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. 15.The Permittee shall post signs in compliance with the requirements and specifications of subsection B of section 10.30.070 on each exterior wall of the licensed premises that faces a vehicle parking lot, to read as follows: "WARNING It is unlawful to drink an alcoholic beverage or to possess an open alcoholic beverage container in public or in a public parking lot. NCMC 10.30.050 and 10.30.060." 16.Containers of alcoholic beverages 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 Permittee 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. Every employee of the Permittee, including ownership and management, 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 commencing alcohol sales. 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. No tobacco -related or drug -related paraphernalia is to be sold on the premises. 40 Police 21. 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 meeting of January 13, AYES: Baca, Pruitt, NAYS: Garcia ABSENT: DeLa Paz ABSTAIN: None Resolution was adopted by the Planning Commission at their 2014, by the following vote: Flores, Bush, Alvarado CHAIRPERSON 41 •[mir.• w•iu ++nv,.v'-e auras IitSt Environmental Scan For Alcohol License Upgrade El Super Market 1811 L Avenue, National City, CA 91950 December 13, 2013 Photo of El Super Market, Ice Cream/Smoothie Store and Laundromat Google Earth View of 1811 L. Avenue and Surrounding Area This proposed liquor license is for the El Super Market, located at 1811 L Avenue in National City. The business is located at the Southeast corner of East 18th Street and L Avenue in National City. The Census Tract is 0121.01. The applicant is applying for new license to sell Beer and Wine, a type 20, Off Sale Liquor License for consumption off of the premises where sold. Highland Avenue is located approximately 2 blocks West of the address. L Avenue and East 18th Street are the boundary lines for other, existing liquor outlets in adjoining Census tracts. An environmental scan was conducted on Wednesday, December 11th and Friday, December 13, 2013. Community input was also gathered from residents and businesses in very close proximity to El Super Market on these two dates. The business is applying for a Conditional Use Permit from the City of National City and also for a liquor license from the California Department of Alcoholic Beverage Control. The business is a small neighborhood convenience type store with sales of grocery and sundry items. During a scan of the business and property the following was noted: The business is one of three small businesses located in one strip of property, surrounded by single-family residences and multi -family residences. The other two businesses consist of a business selling Smoothies, Sandwiches, Fruit Salads and Ice Cream located adjacent to the El Super Market and a Laundromat. All three Funded by the San Diego County Health and Human Services Agency 2615 Camino del Rio So. #300 • San Diego, Califomia, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicshategies.org 42 c businesses have interior doors that can be opened to allow customers to walk between the businesses while inside of the main structure. A church, Iglesia Universal Del Reino De Dios Christian Church, is located directly across the street at 1136 East 18th Street. The distance between the church and the entrance into the El Super Market is 134 feet, as measured using Google Earth images and measuring tool. The church advertises three daily services, 10:00 am, 4:00 pm and 7:00 pm during the week (Monday — Friday), and two services at 9:30 am and 6:00 pm on Sundays. Additionally, several residences appear to be well within 100 feet of the market, including single family homes and multi -unit housing. This is important information to note, due to licensing information from the California Department of Alcoholic Beverage Control (ABC) website. The following information can be found on the ABC website, under frequently asked questions: Q. 18. How many feet must licensed premises be from a church, a school, or residences? A. The law says ABC may deny any retail license located (a) within the immediate vicinity of churches and hospitals, or (b) within at least 600 feet of schools, public playgrounds and nonprofit youth facilities. Generally, ABC will deny a license in the above situations when there is evidence that normal operation of the licensed premises will be contrary to public welfare and morals. Mere proximity by itself is not sufficient to deny the license. ABC will not license a new retail location within 100 feet of a residence unless the applicant can establish that the operation of the proposed premises will not interfere with the quiet enjoyment of the property by residents. (Section 23789 and Rule 61.4) (Source: http://www.abc.ca.gov/questions/licenses faghtml) Iglesia Universal Del Reino De Dios Christian Church Google Earth View of Area Funded by the San Diego County Health and Human Services Agency Page 2 of 12 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicsfrategies. org 43 1827 L. Avenue Google Earth View of Area and Proximity to Housing During a scan of the business, some graffiti was noticed. These areas were at the front of the business on a wall extending from the South side of the business. This graffiti was on a wall separating a driveway to three residences located next door to the business. This graffiti could be evidence of loitering in the business parking lot. Broken glass was also observed at the base of the same wall. Additional graffiti appeared to be partially covered by a banner advertising the El Super Market. In the parking lot in front of the business some small trash items and broken glass were observed. On the North side of the building, by the Laundromat, additional graffiti was observed. El Super Market Parking Lot and Wall with Advertisements in Parking Lot Graffiti on Wall and Broken Glass Separating Business from Residences Funded by the San Diego County Health and Human Services Agency Page 3 of 12 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org 44 Wall with Graffiti Partially Covered by El Super Banner Graffiti on North Side of Laundromat Exterior Wall and Electrical Box Graffiti on Wall Separating Business from Residences Broken Glass at Base of Wall Separating El Super Parking Lot from Residences Additional graffiti was observed on a dumpster in the Southeast corner of the Iglesia Universal Del Reino De Dios Christian Church parking lot, directly across the street from El Super Market. Part of the graffiti on the dumpster reads 'Block Boys Zone". Funded by the San Diego County Health and Human Services Agency Page 4 of 12 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicsitategies.org etc Graffiti on Church Dumpster Graffiti on Church Dumpster Graffiti in the allies both to the North and West of the El Super Market and within Y2 block of the area suggest there is possible street gang activity (OTNC) and loitering in the immediate area. Some of the areas with graffiti showed evidence of areas being repainted. Funded by the San Diego County Health and Human Services Agency Page 5 of 12 2615 Camino del Rio So. #300 • San Diego, Califomia, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org 46 The required notice for the business ABC Liquor License application for El Super Market was not easily observed and was located near the top of the entrance to the business, above and to the right of the open security door. Inside the business, a small amount of produce, meat, dairy and egg products were observed. The produce, meat and dairy products occupy space within two cooler doors of the eleven cooler doors currently in use. ABC License Application Sign Underneath Green Arrow Cooler Doors with Produce, Meat, Dairy and Eggs Funded by the San Diego County Health and Human Services Agency Page 6 of 12 2615 Camino del Rio So. #300 • San Diego, Califomia, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www. publicstra tegies. org 47 Youth Sensitive Areas The location is located near youth sensitive areas and along one of the major walkways for students attending schools in the area. Las Palmas Elementary School, located at 1900 East 18th Street is % mile East of the El Super Market. The school has 700 students in grades pre -kindergarten through 6th grade. John A. Otis Elementary School, located at 621 E 18th St, National City, is four tenths of a mile West of El Super Market. The school has 475 students in grades pre -kindergarten through 6th grade. The Iglesia Universal Del Reino De Dios Christian Church located across the street from the El Super Market at 1136 East 18th Street, offers child daycare while services are held in the building. National City Middle School is nearby and West of the applicants locations, across Highland Avenue 44104404os Os. eo 4 • schools near 1811 L Ave, National City, CA ifNaaonai School District 1600MAw, NationalCily CA 0.2 na N 1619)336-7600 • nod .us) I Leh Palmas Elementary Scheel - /Nam tdry, CA 04n4E • (619)477-6901 nodes • Nahael C)lya9AAe Sel3ml • 1701 a A.e. N.Oonal ay CA I9 nu (619)336-2600 ono swNwa•shmN.•g 1 PAWN • John Ob9 E$melaary School 621E 10131 St. %bleed dly. CA 0.3 m, Of (619)33641300 m0 us 11 Central School • 033 E An. N6ionel Coy. Ceaoms 07m NP' 1619)33&7400 -nod ue 1 room • Quintero Jose!. • Natisei City, CA 01 re W 1619) 472-5233 f Salt Marys Sehoel Newel Coy. CA 05�i l41 @ peon 1 ., 'b Schools Near 1811 L. Avenue. Green Area Depicts Location of El Super Market Funded by the San Diego County Health and Human Services Agency Page 7 of 12 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org 48 Churches A Google search shows several churches are in close proximity to the applicant's location: GIMa9u. ,ne.w, churches near 1811 C Ave, National City, CA GeyV1£acawgt see Rego OOP.* Auer/Wt. se WS EayNpd Como p.,an. n ok AOUE 'RA &^e4e'.0001 ea, a 1 1-n14: 1En10n.yg6 1 1,1•NI� C111sY61 1196E llha NNM.01City CA 007 0_ S 006:pnna, f*pal Cam^ -yaw 6.1401ee 01000.111$ CA 0 t::,. Jenweits 1141nrsos rite 21.A. NNw16Ny a ,,.. sY, WMe r.8112 .aF f us Gmvjegeecne, Math ff6 E 1NdMLbM isy. Ch (8f9OdiTJ661. O PNn feelwIlead Stan 1m5£ 1101 et Ns.* W. to 0 f07.19)170.3017 Churches Near 1811 L. Avenue. Green Area Depicts Location of El Super Market Outlet Density Census Tract 0121.01 is at the allowable number of Off Sale liquor outlets for the ration established by the California Department of Alcoholic Beverage Control in relation to the existing Census Tract population. Adding an additional Off Sale liquor outlet would result in 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 one liquor outlets. The actual number is one license. Additional Off Sale liquor Outlets (Type 20 and Type 21 Licenses) are in close proximity, within 1/e mile of the applicant's location and in a different Census Tract. Funded by the San Diego County Health and Human Services Agency Page 8 of 12 2615 Camino del Rio So. #300 • San Diego, Califomia, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicsbategies.org 49 Red Pin in Census Tract 121.01 Depicts Location of El Super Market at 3007 Highland Avenue (Existing Type 21 License for Sales of Beer, Wine and Distilled Spirits) Green Arrow Depicts Applicant's Location for their "El Super Market" at 1811 L. Avenue Yellow Circles Depict Existing Alcohol Outlets in Other Census Tracts Map from ABC.CA.Gov Website Showing Alcohol Outlets in National City Census Tracts Off -Sale On -Sale Census Tract 0121.01 Establishment is within this tract Allowed: 1 Actual: 1 Number Above/Below Allowable: - Allowed: 2 Actual: 3 Above/Below: +1 Neighboring Census Tracts as of August, 2013 Tract 116.01 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 Funded by the San Diego County Health and Human Services Agency Page 9 of 12 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www. publicstrategies. org 50 Crime Rate The crime rate for Beat 23 in 2012, was 112%. This Beat includes the El Super 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. Community Input All community input was received from the immediate area of the El Super Market and obtained on December 11th and December 13, 2013. Overall, the residents contacted were not in favor of the business selling alcohol. Community Input Against Alcohol License (15 total): A parent with two children under age ten lives next door to the El Super Market. The concern expressed by the parent was about alcohol related harm, especially drunks at night. The parent does not want the license application approved. Another resident said their family knows the harm from alcohol and expressed concern about the number of liquor outlets for our next generation. The resident noted there is a Laundromat frequented by parents with children and an ice cream/fruit bar store next door to the El Super Market. The resident does not want the license application approved. A parent was concerned about young kids going to the El Super Market alone and for teenagers who may ask adults to buy alcohol for them. The parent noted Las Palmas Elementary School and Otis Elementary School are in the immediate area. These students along with students from National City Middle School are frequent after school visitors to the market. The parent does not want the license application approved. A resident said they do not want the El Super Market to sell alcohol. They are concerned about youth having access to alcohol by asking adults to buy it for them. The resident does not want the license application approved. Another resident noted the market has been there for at least 37 years and there have been no alcohol sales at the market during this time period. The resident noted they have observed people drinking alcohol in the parking lot of the market, even without having alcohol sold from the market. The resident also noted the prices at the market are higher than items purchased at other stores. The resident is not in favor of the business selling alcohol. Another resident with several children who play outside near the market was concerned about the safety of the children. The resident was also concerned about people hanging around in the parking lot and surrounding area, especially at night. The resident does not want the license application approved. Another resident said the license to sell alcohol at the market would not be good for the area. There are lots of kids in the housing around the market. There are "street people" who currently frequent the area to recycle empty cans of beer. The resident was concerned about people drinking in public in the immediate area. A resident noted there is already a 7-11 store just down the street and there are too many kids living in the area. As a parent, they are concerned about safety of kids going to the store. The parent said they would no longer Funded by the San Diego County Health and Human Services Agency Page 10 of 12 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org 51 send their teenage child to the store if it starts to sell alcohol. The parent does not want the license application approved. A resident with young children will not send them to the market after 6:00 pm because the parent does not like the people hanging out in the parking lot. The parent won't go to the Laundromat in the evening for the same reason. The parent noted concerns regarding the business operations of the previous owner and understands the market could be operated by someone who was not responsible. The parent said they would not go to the business at all if alcohol were sold and said there is a 7-11 just down the street as well as a liquor store. The parent does not want the license application approved. A resident said it is not a good idea to sell alcohol, noting that sometimes kids ask adults to buy alcohol for them. The resident has seen kids ask adults to buy alcohol at other businesses. The resident does not want the license application approved. Another resident said the market should not have sales of alcohol due to the number of kids who currently go to the market. The resident does not want the license application approved. A resident questioned why the city even allowed the alcohol license to be considered due to a church being located just across the street and within 600 feet of the business. The resident does not want the license application approved. Two residents with grandchildren have lived in the area for 40 years. The grandparents raised their own children in the neighborhood and now care for their grandchildren. The grandparents noted that over the past 40 years there has been a laundry and dry cleaners in the shopping center without sales of alcohol. The grandparents are concerned about the safety of the many parents and kids who currently shop at the market and use the Laundromat. The grandparents do not want the license application approved. Another resident has lived in the area for over 20 years. They noted there is a lot of police activity in the area and does not want the possibility of drunks walking in the neighborhood. The resident does not want the license application approved. Community Input Okay With Denial or Approval of Alcohol License (2 Total): Two residents said they were okay either way with the license being approved or denied. Community Input for Approval of Alcohol License (7 Total): Two residents said they were okay with the business selling beer and wine A resident said they were okay with sales and commented that there is already wine and alcohol for sale everywhere. A resident was okay with sales of alcohol and commented her husband currently has to walk to the nearby 7-11 or WaI-Mart to purchase beer. A resident was in favor of sales of alcohol from the market and commented that people who have already been drinking could walk to the store instead of driving the short distance to other nearby stores that sell alcohol. A business owner said he had no objection to sales of alcohol from the market because business has been bad in the area and hoped this would increase sales. The business owner commented that approximately 85% of his Funded by the San Diego County Health end Human Services Agency Page 11 of 12 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org 52 customers are women and he did not want them to be put in a position where they were asked to give money to people panhandling. He said this could put his customers in a difficult situation and they may feel they have to give the person money for their own personal safety or the safety of their children. The owner said he was confident the National City Police Department could and would respond to any alcohol related harm in the area of his business. He noted it was illegal to consume alcohol in public areas and inside of his business. The Pastor of the Iglesia Universal Del Reino De Dios Christian Church said they have daily mass, daycare, bible study and prayer meetings. At the prayer meetings he noted that people with addictions from alcohol and drugs can ask for prayers for help. The pastor said he is in favor of the El Super Market having a license to sell beer and wine. Considerations Census tract 0121.01 currently has one off -sale license. The allowable number by ABC for this census tract, based by population is one and the census tract is currently at the allowable maximum set by ABC. The existing off -sale license is a type 21 and allows for sales of beer, wine and distilled spirits. Census tract 0121.01 (within beat 23), 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". Some existing residential housing is within 100 feet of the proposed license location. ABC will not license a new retail location within 100 feet of a residence unless the applicant can establish that the operation of the proposed premises will not interfere with the quiet enjoyment of the property by residents. (Section 23789 and Rule 61.4) The Iglesia Universal Del Reino De Dios Christian Church is within 600 feet of the proposed license location. Funded by the San Diego County Health and Human Services Agency Page 12 of 12 2615 Camino del Rio So. #300 • San Diego, Califomia, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org 53 r • se srn vadeze Conditional Use Permit for Beer and Wine 1206 E 18th Street San Diego, CA 91950 PROJECT DIFECTORY SHEET INDEX We, JA6P0 TNGLRIA.YBRO 1206 E ISDI STET NA11ONN. G1tt, GA 9I9SO ME 61v M14 S1 1206 G I/ 9TR6.T NATION/J. GTT. 0A 9160 aGw AOOIt69 IMWfM. G®FL6 ApOf@99 J00( )0« Joffe ARTINF2 /04S RLMBl ST. =MOW STE pO RME N6 • 1.673/2-6039 ARCHITECTURAL r-I TIT. .AST T.2 MLTLRG6 Aro SITC P(AM PROJECT !FORMATION MO -MT AOpSI.6, 1206 GSM WIRER MAMMAL GMT. GA 9KSO 9IL06101YPG, TY1! V, ISPRn6iAR1 A551:5606 PARCEL NA 561-210-52-00 MUM* GJCG 2009 USG / 2010 C. OGJIPANOY, T' / M IQ/LANNLG SCOPE OF WORK TO OHTA61 A (QgTld1y.16L rewrr FOR M S LL G0 ®i MD HIM VICINITY MAP ,:.!iPIT A A:-.7E FILE NO. 2013-27 CUP 10/24/2013 ge&rivi, Conditional Use Penh! for Boor and Who qoptreet CA 91960 KAMM kHID DESMH A — L.�rTrr WIMP Eg114101 �6,•6MNr eeeer ti J011: a 0U1C7 O ONRK7id 09e1e VO 'Date use 1111146 1464 3 acaa sum Pus meg J *WM won pouonpuo0 • Atemplenevisa 3a9N 1 Y183 3019N 101 ONHt1Yd 1 OW PMU.eo 313LLOId tl3N100 iNavetenRvisa 3QI9N ItareiellErf123 3919NI 3019N 101 ON efed ALMA iNOtld 133li18 l GNU 418/ PEED 1 as 311111014 MINIM AMA 1N0IId 1331i18 1 • 1 G EMO MG' EHROHnJ al J J a ce 56 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: !March 4, 2014 AGENDA ITEM NO. 41 ITEM TITLE: Resolution of the City Council of the City of National City approving a Conditional Use Permit for the sale of beer and wine for off -site consumption at an existing market (El Super Market) located at 1811 "L" Avenue. (Applicant: Rodel Chalabi) (Case File 2013-27 CUP) PREPARED BY: Martin Reeder, AICP DEPARTMENT: PHONE: 1336-4313 APPROVED BY: EXPLANATION: The City Council conducted a public hearing on this item at the February 4, 2014 City Council meeting. The attached resolution is needed to take action on the item FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project under CEQA ORDINANCE: INTRODUCTION: 1 FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution j BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 2esolutionj RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE FOR OFF -SITE CONSUMPTION AT AN EXISTING MARKET (EL SUPER MARKET) LOCATED AT 1811 "L" AVENUE CASE FILE NO. 2013-27 CUP APN: 561-210-32 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit for the sale of beer and wine for off -site consumption at an existing market (El Super Market) located at 1811 "L" Avenue at a duly advertised public hearing held on January 21, 2014, 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. 2013-27 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 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 March 4, 2014, 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 neighborhood market in an existing commercial center and the sale of beer and wine is not expected to increase the demand for parking on the property. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since East 18' Street is classified as a collector street in the Circulation Element, and the sale of beer and wine for off -site consumption is not expected to result in an appreciable increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use is compatible with other similar businesses located nearby and within a quarter -mile of the property, and 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 continued viability of a neighborhood market, 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 alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for a Conditional Use Permit i approved subject to the following conditions: Resolution No. 2014 — Page Two March 4, 2014 General 1. This Conditional Use Permit authorizes the sale of beer and wine for off -site consumption at an existing market located at 1811 "L" Avenue. Plans submitted for permits associated with this project shall conform to Exhibit "A", Case File No. 2013-27 CUP, dated October 24, 2013. 2. This permit shall become null and void if not exercised within one (1) year after adoption of the Resolution of approval unless extended according to procedures specified in the National City Municipal Code. 3. 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. 4. This Conditional Use Permit may be revoked if the Permittee is found to be in violation of Conditions of Approval. 5. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the 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 6. The sale of alcoholic beverages shall be limited to between the hours of 9:00 a.m. and 10:00 p.m., seven days a week. 7. All beer and wine products shall be stored in the rear cooler or rear shelving areas. No alcohol products shall be stored in proximity to the store entrance. 8. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 9. 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. 10. Wine shall not be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. Resolution No. 2014 — Page Three March 4, 2014 11. 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. 12. 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 Permittee. 13. 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. 14. 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. 15. The Permittee shall post signs in compliance with the requirements and specifications of subsection B of National City Municipal Code section 10.30.070 on each exterior wall of the licensed premises that faces a vehicle parking lot, to read as follows: "WARNING It is unlawful to drink an alcoholic beverage or to possess an open alcoholic beverage container in public or in a public parking lot. NCMC 10.30.050 and 10.30.060." 16. Containers of alcoholic beverages 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 Permittee 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. Every employee of the Permittee, including ownership and management, 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 commencing alcohol sales. As part of the RBSS training, the Permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. Resolution No. 2014 — Page Four March 4, 2014 20. No tobacco -related or drug -related paraphernalia is to be sold on the premises. Police 21. 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 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 4th day of March, 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 I( ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of raised pavement markers for traffic calming on Division Street between "D" Avenue and Highland Avenue TSC-2014-02) MEETING DATE: March 4, 2014 AGENDA ITEM NO. 12 PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 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 to install raised pavement markers for traffic calming on Division Street between "D" Avenue and Highland Avenue. BOARD / COMMISSION RECOMMENDATION: At their meeting on February 12, 2014, the Traffic Safety Committee unanimously approved the staff recommendation to install raised pavement markers for traffic calming on Division Street between "D" Avenue and Highland Avenue. ATTACHMENTS: 1. Explanation 2. Staff Report to the Traffic Safety Committee on February 12, 2014 (TSC 2014-02) 3. Resolution EXPLANATION Ms. Claudia Pelayo, resident of 710 E. Division Street, has requested raised pavement makers for traffic calming on Division Street between "D" Avenue and Highland Avenue to reduce the potential for speeding and traffic collisions. Ms. Pelayo's vehicle, which was parked in front of her home on Division Street, was damaged several times over the past year due to drivers losing control of their vehicles and colliding into Ms. Pelayo's vehicle. She has a young child and is concerned about safety. This segment of Division Street between "D" Avenue and Highland Avenue is a divided roadway with a significant change in elevation between eastbound and westbound traffic. Westbound Division Street, which is at a lower elevation, is located within the City of San Diego, while eastbound Division Street is located within the City of National City. This report focuses on eastbound Division Street. Eastbound Division Street between "D" Avenue and Highland Avenue has one 12-foot wide travel lane adjacent to an 8-foot wide striped parking lane. The striped parking lane with reflectors and raised pavement markers was installed in 2011 as a traffic calming measure. Drivers traveling eastbound will experience a series of vertical curves prior to arriving at the traffic signal at Highland Avenue. A "Signal Ahead" warning sign with yellow flashing warning beacon was installed in 2011 to warn drivers of the upcoming traffic signal. The posted speed limit is 30 mph. Comparison of radar speed survey data from 2007 to 2011 indicates a reduction in 85th percentile speeds (speed at or below which 85% of vehicles surveyed were traveling) of 7 mph (from 36 mph to 29 mph). Review of traffic collision history indicates an average of one to two injury and/or property damage collisions per year. On November 21, 2013, staff from the Engineering Department, Police Department and City Manager's Office hosted a Neighborhood Workshop to discuss traffic conditions and residents' concerns on this segment of Division Street. A copy of the letter inviting residents and presentation are attached to this report. After listening to testimony from residents, staff presented several options for traffic calming: 1) Install a series of raised pavement markers at set intervals across the roadway; 2) Install a series of raised concrete buffers in the parking areas; 3) Install a radar speed feedback sign with flashing beacons. Options 1 and 3 were supported by the vast majority of residents. Since funding is not currently available for Option 3, staff recommends implementation of Option 1. Care will be taken as to not place the raised pavement markers in proximity to residents' windows to minimize noise impacts. At their meeting on February 12, 2014, the Traffic Safety Committee unanimously approved the staff recommendation to install a series of raised pavement markers at set intervals across the roadway. Many of the residents who attended the November 21, 2013 workshop also attended the Traffic Safety Committee Meeting to show their support for this item. NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR FEBRUARY 12, 2014 ITEM TITLE: ITEM NO. 2014-02 REQUEST FOR INSTALLATION OF RAISED PAVEMENT MARKERS FOR TRAFFIC CALMING ON DIVISION STREET BETWEEN "D" AVENUE AND HIGHLAND AVENUE (BY C. PELAYO PREPARED BY: Stephen Manganiello, City Engineer DISCUSSION: Ms. Claudia Pelayo, resident of 710 E. Division Street, has requested raised pavement makers for traffic calming on Division Street between "D" Avenue and Highland Avenue to reduce the potential for speeding and traffic collisions. Ms. Pelayo's vehicle, which was parked in front of her home on Division Street, was damaged several times over the past year due to drivers losing control of their vehicles and colliding into Ms. Pelayo's vehicle. She has a young child and is concerned about safety. This segment of Division Street between "D" Avenue and Highland Avenue is a divided roadway with a significant change in elevation between eastbound and westbound traffic. Westbound Division Street, which is at a lower elevation, is located within the City of San Diego, while eastbound Division Street is located within the City of National City. This report focuses on eastbound Division Street. Eastbound Division Street between "D" Avenue and Highland Avenue has one 12-foot wide travel lane adjacent to an 8-foot wide striped parking lane. The striped parking lane with reflectors and raised pavement markers was installed in 2011 as a traffic calming measure. Drivers traveling eastbound will experience a series of vertical curves prior to arriving at the traffic signal at Highland Avenue. A "Signal Ahead" warning sign with yellow flashing warning beacon was installed in 2011 to warn drivers of the upcoming traffic signal. The posted speed limit is 30 mph. Comparison of radar speed survey data from 2007 to 2011 indicates a reduction in 85th percentile speeds (speed at or below which 85% of vehicles surveyed were traveling) of 7 mph (from 36 mph to 29 mph). Review of traffic collision history indicates an average of one to two injury and/or property damage collisions per year. On November 21, 2013, staff from the Engineering Department, Police Department and City Manager's Office hosted a Neighborhood Workshop to discuss traffic conditions and residents' concerns on this segment of Division Street. A copy of the letter inviting residents and presentation are attached to this report. -1- After listening to testimony from residents, staff presented several options for traffic calming: 1) Install a series of raised pavement markers at set intervals across the roadway; 2) Install a series of raised concrete buffers in the parking areas; 3) Install a radar speed feedback sign with flashing beacons. Options 1 and 3 were supported by the vast majority of residents. Since funding is not currently available for Option 3, staff recommends implementation of Option 1. Care will be taken as to not place the raised pavement markers in proximity to residents' windows to minimize noise impacts. STAFF RECOMMENDATION: Install a series of raised pavement markers at set intervals across eastbound Division Street between "D" Avenue and Highland Avenue for traffic calming. EXHIBITS: 1. Location Map 2. Photos 3. Letter and Presentation from November 21, 2013 Neighborhood Workshop 2014-02 -2- Location Map Division Street at Gladiola Drive (looking east) Division Street, east of Gladiola Drive (looking east) -4- Example of Raised Pavement Markers for Traffic Calming -5- November 5, 2013 Resident Dear Sir/Madame, You are invited to attend a "Neighborhood Workshop" to discuss traffic conditions and residents' concerns regarding the segment of Division Street between "D" Avenue and Highland Avenue in National City. The Workshop will be held on Thursday, November 21, 2013, in the Large Conference Room located on the second floor of City Hall, at 1243 National City Boulevard, National City, CA 91950. The workshop will start at 6:30 p.m. Please contact the Engineering Department at (619) 336-4380, or at engineering@nationalcityca.gov if you have any questions. Sincerely, z. w."„...._:frae Stephen Manganiello City Engineer 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationaicityca.gov -6- Engineering Department 1243 National City Blvd. National City, CA 91950 Telephone No. (619) 336-4380 Fax No. (619) 336-4397 5 de Noviembre de 2013 Residente Estimado Sr./Sra.: Esta usted invitedo a una junta de vecinos "Neighborhood Workshop" para discutir las condiciones del trafico y preguntas de los vecinos hacerca de Division Street entre "D" Avenue y Highland Avenue en National City. La junta de vecinos sera el dia Jueves, 21 de Noviembre de 2013, en el Large Conference Room que esta Iocalizado en el Segundo piso del Palacio Municipal, en el 1243 National City, CA 91950. La Junta empezara a las 6:30 p.m. Por favor de comunicarse al Departamento de Ingeneria al telefono (619) 336-4380 o al correo electronico engineering@nationalcitvca.Rov por sl tlene alguna pregunta. Atentamente, Stephen Manganlello City Engineer -7- ORPOM Traffic Conditions Division St 'D" Ave to Highland Ave Community Workshop November 21, 201 tons dies Data Collection and Analysis History urveys c Calming Enhancements cent Efforts ure Options blic Comments (Q & A) Pedestrian Safety e ing Tonal City (EB), San Diego ( Parallel Parking gay Classification, Traffic Volumes & Speeds ector Roadway - carries local and regional traffic 11,600 Average Daily Traffic (ADT) 0 .mph Posted Speed Limit 9 mph 85th Percentile Speed Speed at or below which 85% of traffic is moving ➢. Primary factor used to set speed limits )reed collisions per year per Mifflon Vehicle Miles (below -average f °n; rational City) Speed Surveys (Engineering & Traffic Survey) 36 mph 85th percentile speed 8,400 ADT 3� 10.2 Collisions per million vehicle miles 2011 29 mph 85th percentile speed (7 mph reduction) 11,600 ADT (3,200 ADT increase) ➢ 3.9 Collisions per million vehicle miles (6.3 collision rate reduction) Striping w/ Raised Pavement wring Beacon above "Signal Ahea Traffic Calming Measures ds and Collision Rates have decreased significantly er Measures Considered (at the Request of Residents) Speed Humps D Appropriate for low -volume, local streets only (under special conditions) D Impact on Emergency Vehicles (response times and equipment) Not recommended for installation on vertical curves nhancements of Raised Pavemen uce speeds ise when vehicles drive overtop; therefore, requires ;pe operty owners on street) is available and can be installed by City Public Works on 2 Install Raised Concrete Buffers in parking areas ovide positive buffer between traffic and adjacent residential properties f ll result in loss of on -street parking . Funding is not available Both Options or Independent - Install Radar Speed Feedback Sign w/` Flashing Beacons ➢ Alert drivers of their speed and provide warning messages Effective in reducing speeds in school zones throughout National City Funding is not available Proposed Raised Pavement Markers Option 1 Proposed Raised Concrete Buffers t) Ootion 2 -4380 National City eying Department National City Boulevard nal City, CA 91950 J.nationalcityca.gov I DIVISION STREET BETWEEN "D" AVENUE AND HIGHLAND AVENUE PETITON FOR LNSTALLATION OF RAISED PAVEMENT MARKERS ACROSS ROADWAY FOR TRAFFIC CALMING NAME (PRINT) SIGNATURE DATE STREET ADDRESS C" & PIcnsz, c ], IK i i p, I 0 V''�a,,r., f �� CA%1 GIIoi titaV� !. ► 01140 11C11/I flu - . .st �j(-,AVl$r t A..,. ' R ., p`..r1 e- Ji-V-/(3 5 3 a- D1 i'/.sr- ec) Iyj2V !✓7 ; , //// /7 ( P /l/4 `Sipx (14 r. e //—aI /5 / 3 , 01 v/s',, ia,uk eq-1,1 0 , Lia'. 11-e2F0 *OR. AVISILAi a". 0,a— tt-'1" (0,1-- -e 6),(14.14.0r LC(4.9,4 ..S1 oil/ l`I /' / JILL f c_ (4 o 5 t - Z l `f Pe �� I rl 15l6 At 51. _ g-pOE.,DIVI510,141- '-`27 ,-4 b d6) 6 Df /l "s irr " cille4b /Oaid 1, , J UJL5J Cdtio. �� d I —V /L/.�� �€ 0)1/4 Qf 05 e ki;46 (106'. 1cgM,rel a;i/4 1 " -7 N<J 07 EiDIry ls%;% at. 1._2V/cl I , 27-Ic{ Cot- 6. bi rr/iovi�� Si% £' 1)1v1. /on El - 'ajc.P 3�s5,ca k Gi.y-,`C --- A/ RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF RAISED PAVEMENT MARKERS FOR TRAFFIC CALMING ON EASTBOUND DIVISION STREET BETWEEN "D" AVENUE AND HIGHLAND AVENUE WHEREAS, the segment of Division Street between "D" Avenue and Highland Avenue is a divided roadway with westbound Division Street located within the City of San Diego and eastbound Division Street located within the City of National City; and WHEREAS, staff hosted a Neighborhood Workshop on November 21, 2013 to discuss traffic conditions and residents' concerns regarding eastbound Division Street between "D" Avenue and Highland Avenue; and WHEREAS, after considering residents' concerns, staff recommended installation of raised pavement markers at set intervals across said segment of eastbound Division Street; and WHEREAS, the Traffic Safety Committee approved staff's recommendation at its February 12, 2014 meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of raised pavement markers for traffic calming at set intervals across eastbound Division Street between "D" Avenue and Highland Avenue. PASSED and ADOPTED this 4th day of March, 2014. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 4, 2014 AGENDA ITEM NO. 1_3 ITEM TITLE: Resolution of the City Council of the City of National City authorizing various Mid —Year Budget Adjustments. PREPARED BY: Mark Roberts, Director of Finance PHONE: 619-336-4265 EXPLANATION: See attached staff report. .,E.,..,r..E.,T Finance APPROVED BY: `----61,444-e-044.7tT FINANCIAL STATEMENT: APPROVED: `� �� Finance ACCOUNT NO. APPROVED: MIS See attached staff report. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: 1. Staff report 2. Resolution City Council Staff Report March 4, 2014 ITEM Staff Report: Resolution of the City Council of the City of National City authorizing various Mid -Year Budget Adjustments. BACKGROUND During the Fiscal Year 2014 Mid -Year Budget Review at the February 18th City Council meeting staff recommended several budget adjustments. With this item, staff brings forward a proposed Council resolution adopting the February 18th recommendations. Listed below are the recommended adjustments. RECOMMENDATIONS A. General Fund (Fund 001): Expenditure Appropriation Adjustments: $1,990,744.50 1. Fire Department (412) — Overtime budget increase: $150,000 The department requests an increase of $150,000 to its overtime budget of $499,000. The anticipated increase in overtime expenditures is related to long-term injuries of employees, which requires other Fire personnel to work additional overtime hours to ensure staffing sufficient for the safety of City personnel, as well for the safety and welfare of the general public. Department of Finance recommendation: Authorize the City Manager to approve appropriation increases totalling up to $150,000 for additional overtime expenses to be funded from either available savings elsewhere in the General Fund budget or, if necessary, unassigned fund balance in the General Fund. 2. Police Department (411) — Capital Outlay budget increase for facility upgrades: $150,000 The department requests an increase of $150,000 to its Capital Outlay budget of $250,000. The increase in capital outlay expenditures is related to the completion Property & Evidence Room upgrades. The department must expand its current storage capacity to accommodate the storage of human/biological forensic evidence as a result of the County of San Diego's no longer providing that service. Additional storage space is required in order to accommodate refrigeration units, equipment, and related facility upgrades to ensure evidence is neither Page 2 Staff Report — Fiscal Year 2014 Mid -Year Budget Adjustments March 4, 2014 destroyed nor compromised. If this upgrade does not proceed, additional costs may be incurred for offsite storage in a facility that meets departmental standards. Department of Finance recommendation: Authorize the City Manager to approve appropriation increases totalling up to $150,000 for the Property & Evidence Room project to be funded from either available savings elsewhere in the General Fund budget or, if necessary, unassigned fund balance in the General Fund. 3. Fire Department (412) — M&O budget increase for wearing apparel: $3,550 The department requests an increase of $3,550 to its wearing apparel budget of $57,847. The increase in expense is related to the purchase of Class A uniforms, per the City Council approved Memorandum of Understanding, for firefighters completing probation. Department of Finance recommendation: Approve an appropriation increase of $3,550 for the purchase of the uniforms to be funded from either available savings elsewhere in the General Fund budget or, if necessary, unassigned fund balance in the General Fund. 4. Non -Departmental (409) — Establish or increase appropriations to reflect acquisition of property for the relocation of the City of National City's Public Works facilities: $1,652,136.90 On August 20, 2013, the City Council authorized the acquisition of property located at 1726 Wilson Avenue for the relocation of the City's Public Works facilities. The appropriations are necessary to ensure the transaction is correctly recorded on the City's general ledger and will reflect the amount paid for the property as well as escrow fees and other transaction expenses. Department of Finance recommendation: Approve the establishment or increases of appropriations totalling $1,652,136.90 to properly record the property acquisition transaction. The funding source is unanticipated revenue received by the City from the sale of the 2100 Hoover Avenue site to the Housing Authority. 5. Mayor and City Council (401) — Establish appropriations to properly record expenditures related to the State of the City Address: $14,556 Since 2010, donations received and expenditures for the Mayor's State of the City Address have been recorded in a liability account entitled "Miscellaneous Deposits." This allowed the remaining balance in the account to be automatically carried forward into the succeeding fiscal year. This is not a recommended accounting practice, however. For true transparency, donations should be recorded in a revenue account and expenses in an appropriate expenditure account. This amount represents the sum of the balance in the Miscellaneous Deposits ledger account at the end of Fiscal Year ($6,056) and the donations received to date in the current fiscal year ($8,500). Page 3 Staff Report — Fiscal Year 2014 Mid -Year Budget Adjustments March 4, 2014 Department of Finance recommendation: Approve the establishment of an appropriation of $14,556 to properly account for State of the City Address expenses. A corresponding revenue account and budget should also be established (see below). General Fund (Fund 001): Revenue Budget Adjustment: $4,372,000.70 1. Other Revenue — Sales of Real Property (3601) — Establish a revenue budget: $1,652,136.90 This adjustment is needed to account for the unanticipated revenue received from the sale of the 2100 Hoover Avenue site for the purchase of the 1726 Wilson Avenue site. Depa, tinent of Finance recommendation: Approve the establishment of a revenue budget of $1,652,136.90, as a companion to the recommended appropriation adjustment for the acquisition of the 1726 Wilson Avenue site. 2. Council Revenue — Donations -State of the City Address (3637) — Establish a revenue. budget: $8,500 State of the City Address donations should be recorded in a revenue account. This amount represents the total of donations received to date in the current fiscal year. Department of Finance recommendation: Approve the establishment of a revenue budget of $8,500, as a companion to the recommended establishment of a State of the City Address appropriation. 3. Other Revenue — ROPS Funding from SA (3656) — Establish revenue budget: $2,711,363.80 Accounting practices do not require carrying forward from fiscal year to fiscal year revenues associated with continuing appropriations for capital projects, but doing so maintains alignment of appropriations with their corresponding revenues. This adjustment will allow the City to account for deferred revenues received from the Successor Agency in Fiscal Year 2013 to carry out obligations of ROPS III. Department of Finance recommendation: Approve the establishment of a revenue budget of $2,711,363.80. B. Section 8 Fund (Fund 502) — Expenditure Appropriation Adjustiuents: $24,000 Housing, Grants & Asset Management (419) - M&O increase for various items: $24,000 The department requests an increase in appropriations in the following accounts: • Professional Services (Acct #213): increase appropriation of $22,000 by $5,000, to hire a private law firm to handle Section 8 hearings, and $6,000, to pay a private law firm for ongoing legal expenses; • Memberships and Subscriptions (Acct #222): increase appropriation of $4,900 by $1,000, for membership dues for CAHA (California Association of Housing Authorities); Page 4 Staff Report — Fiscal Year 2014 Mid -Year Budget Adjustments March 4, 2014 • Material & Supplies (Acct #399): increase appropriation of $5,100 by $2,000, for the purchase of office supplies for the remainder of the fiscal year; and • Contract Services (Acct #299): increase budget of $36,000 by $10,000, to upgrade the HAPPY Software to Housing Pro, creating efficiencies in managing the Section 8 program. Department of Finance recommendation: Approve appropriation increases totalling $24,000, to be funded from Section 8 Fund fund balance. (The Section 8 fund has adequate fund balance to fund these requests.) C. Equipment Replacement Reserve Fund (Fund 644) — Expenditure Appropriation Adjustment: $40,000 Public Works Department (416) — Capital Outlay increase for the purchase of Mowers: $40,000 The department requests the replacement of two mowers used to maintain City owned park space that cost approximately $20,000. Department of Finance recommendation. Approve an appropriation increase of $40,000, to be funded from Equipment Replacement Reserve Fund fund balance. The Equipment Replacement Reserve Fund is designated for these specific purposes, and has adequate fund balance to fund this purchase. Budget Transfers During the mid -year budget review process, changes to the budget were identified that, if approved, would better reflect operational needs or the character of an expense. Department of Finance recommendation: Approve the budget adjustments described below. These transfers will not increase the overall appropriations. D. General Fund (001) 1. Transfer appropriations of $50,000 from Part -Time Salaries (Acct #100) to Contract Services (Acct #299) within the Community Development (418) department for the YMCA Agreement. 2. Transfer the Neighborhood Council (Activity #414) from the Community Development Department (418), including appropriations totalling $15,000, to the City Manager's Office (403). The staff member administering the program has moved from the Community Development Department to the City Manager's Office. This budget change is to ensure that oversight is properly aligned with the responsible department. Page 5 Staff Report — Fiscal Year 2014 Mid -Year Budget Adjustments March 4, 2014 3. Transfer the Community and Police Relations Committee (Activity #415) from the Community Development Department (418), including appropriations totalling $7,500, to the City Manager's Office (403). The staff member administering the program has moved from the Community Development Department to the City Manager's Office. This budget change is to ensure that oversight is properly aligned with the responsible department. 4. Transfer appropriations of $25,000 for student interns under the San Diego State University (SDSU) Sage Program from Part -Time Salaries (Acct #100) to Contract Services (Acct #299) within the City Manager's Office (403). RECOMMENDATIONS Adopt a resolution approving budget adjustments and transfers A — D as enumerated above. FISCAL IMPACT If all recommendations are approved, the impact of budget adjustments would be: • $1,990,744.50 increase of total General Fund appropriations, • $4,372,000.70 increase of the General Fund revenue budget, • Section 8 Fund appropriation increase of $24,000, and • Equipment Replacement Reserve Fund appropriation increase of $40,000. RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING VARIOUS MID -YEAR BUDGET ADJUSTMENTS WHEREAS, at the February 18, 2014 City Council meeting, Finance staff presented a Mid -Year Budget Review based upon staff's analysis of revenue and expenditure data for the first half of the 2014 fiscal year; and WHEREAS, based on such analysis, staff recommends the following actions: 1. Authorize the City Manager to approve Overtime appropriation adjustments totaling up to $150,000 for additional Fire Department overtime expenses, to be funded from either available savings in the General Fund budget or, if necessary, unassigned fund balance in the General Fund. 2. Authorize the City Manager to approve Capital Outlay appropriation adjustments totaling up to $150,000 for the Police Department Property and Evidence Room project, to be funded from either available savings in the General Fund budget or, if necessary, unassigned fund balance in the General Fund. 3. Approve a Wearing Apparel appropriation adjustment of $3,550 for the purchase of Class A uniforms, in accordance with the City Council approved Memorandum of Understanding, for firefighters completing probation, to be funded from unassigned fund balance in the General Fund. 4. Approve the establishment or adjustments of appropriations totaling $1,652,136.90 to properly record the acquisition of the 1726 Wilson Avenue site for the relocation of the City of National City's Public Works facilities. 5. Approve the establishment of a revenue budget of $1,652,136.90 to account for the unanticipated revenue received by the City from the sale of the 2100 Hoover Avenue site to the Housing Authority, as a companion to the recommended appropriation establishment or adjustments for the acquisition of the 1726 Wilson Avenue site. 6. Approve the establishment of a State of the City Address appropriation of $14,556, which represents the sum of the balance in the Miscellaneous Deposits ledger account at the end of Fiscal Year 2013 ($6,056) and the donations received to date in the current fiscal year ($8,500). 7. Approve the establishment of a revenue budget of $8,500 for State of the City Address donationsreceived to date in the current fiscal year, as a companion to the recommended establishment of a State of the City Address appropriation. 8. Approve the Section 8 Fund Maintenance and Operations budget adjustments below, totaling $24,000, to be funded from Section 8 Fund fund balance: • Professional Services appropriation adjustment of $5,000, to hire a private law firm to handle Section 8 hearings and $6,000 to pay a private law firm for ongoing legal expenses; Resolution No. 2014 — Page Two • Memberships and Subscriptions appropriation adjustment of $1,000 for membership dues for CAHA (California Association of Housing Authorities); • Material and Supplies appropriation adjustment of $2,000 for the purchase office supplies for the remainder of the fiscal year. • Contract Services appropriation adjustment of $10,000 to upgrade the HAPPY Software to Housing Pro, creating efficiencies in managing the Section 8 program. 9. Approve an Equipment Replacement Reserve Fund budget adjustment of $40,000 for replacement of two (2) mowers used to maintain City owned park space, to be funded from Equipment Replacement Reserve Fund fund balance. 10. Approve a revenue budget adjustment of $2,711,363.80 to account for deferred revenues received from the Successor Agency in Fiscal Year 2013 to carry out obligations of Recognized Obligation Payment Schedule ("ROPS") III, the appropriations for which have been carried forward from Fiscal Year 2013 to the current fiscal year. 11. Approve the transfer appropriations of $50,000 from Part -Time Salaries (Acct #100) to Contract Services (Acct #299) within the Community Development (418) department for the YMCA Agreement. 12. Approve the transfer of the Neighborhood Council (Activity #414) from the Community Development Department (418), including appropriations totaling $15,000, to the City Manager's Office (403). 13. Approve the transfer of the Community and Police Relations Committee (Activity #415) from the Community Development Department (418), including appropriations totaling $7,500, to the City Manager's Office (403). 14. Approve the transfer appropriations of $25,000 for student interns under the San Diego State University (SDSU) Sage Program from Part -Time Salaries (Acct #100) to Contract Services (Acct #299) within the City Manager's Office (403). WHEREAS, a General Fund appropriation increase of up to $150,000 is estimated to be necessary for overtime expenses within the Fire Department; and WHEREAS, a General Fund appropriation increase of up to $150,000 is estimated to be necessary to complete Police Department Property and Evidence Room upgrades; and WHEREAS, an appropriation increase of $3,550 in the General Fund is required for the purchase of Class A firefighter uniforms, in accordance with the City Council approved Memorandum of Understanding, for firefighters completing probation; and Resolution No. 2014 — Page Three WHEREAS, establishment or increases of appropriations totaling $1,652,136.90 in the General Fund are necessary to properly record the property acquisition of 1726 Wilson Avenue site for the relocation of the City of National City's Public Works facilities; and WHEREAS, establishment of a revenue budget of $1,652,136.90 in the General Fund is necessary to account for the unanticipated revenue received by the City from the sale of the 2100 Hoover Avenue site to the Housing Authority; and WHEREAS, an appropriation of $14,556 in the General Fund should be established in the General Fund for the Mayor's State of the City Address expenses, to comply with recommended accounting practices; and WHEREAS, a revenue budget of $8,500 in the General Fund should be established for donations received for the Mayor's State of the City Address, to comply with recommended accounting practices; and WHEREAS, appropriation increases totaling $24,000 is necessary in the Section 8 Fund for Maintenance and Operations -related expenses; WHEREAS, an appropriation increase of $40,000 is necessary in the Equipment Replacement Reserve Fund for replacement of two (2) mowers used to maintain City owned park space; and WHEREAS, a revenue budget increase of $2,711,363.80 should e established to account for deferred revenues received from the Successor Agency in Fiscal Year 2013 to carry out obligations of ROPS III, because accounting practices do not require carrying forward from fiscal year to fiscal year revenues associated with continuing appropriations for capital projects, but doing so maintains alignment of appropriations with their corresponding revenues; and WHEREAS, a transfer of appropriations of $50,000 from Part -Time Salaries (Acct #100) to Contract Services (Acct #299) within the Community Development (418) department is needed for the YMCA Agreement; and WHEREAS, a transfer the Neighborhood Council (Activity #414) from the Community Development Department (418), including appropriations totaling $15,000, to the City Manager's Office (403) is needed because the staff member administering the program has moved from the Community Development Department to the City Manager's Office and this budget change is to ensure that oversight is properly aligned with the responsible department; and WHEREAS, a transfer of the Community and Police Relations Committee (Activity #415) from the Community Development Department (418), including appropriations totaling $7,500, to the City Manager's Office (403) is needed because the staff member administering the program has moved from the Community Development Department to the City Manager's Office and this budget change is to ensure that oversight is properly aligned with the responsible department; and Resolution No. 2014 — Page Four WHEREAS, a transfer of appropriations of $25,000 from Part -Time Salaries (Acct #100) to Contract Services (Acct #299) within the City Manager's Office (403) is needed for the student interns under the San Diego State University (SDSU) Sage Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mid -Year Budget adjustments as outlined above. PASSED and ADOPTED this 4th day of March, 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: March 4, 2014 AGENDA ITEM NO. 4.4 ITEM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for the expansion of the area approved for beer and wine sales at Napoleone's Pizza House located at 619 National City Blvd. (Applicant: Peter Crivello) (Case File 2013-29 CUP) PREPARED BY: Martine —der, AICP DEPARTMENT: PHONE �336-4313 APPROVED rnv�r�. j or EXPLANATION: INapoleone's Pizza House is located at 619 National City Blvd. in Development Zone 3 (DZ-3) of the Downtown Specific Plan. The 3,870 square -foot restaurant was established in 1958 and has been licensed to sell alcohol since 1966. The restaurant was expanded in the 1970's without approvals to serve alcohol in the expanded area. The applicant is requesting to sell beer and wine in the expanded area, which is approximately 1,200 square feet and includes a bar. The request also includes the future conversion of 300 square feet of current storage area. The restaurant is currently open Monday through Saturday from 11 a.m. to 10 p.m. The applicant requested approval to sell beer and wine from 11 a.m. to 2 a.m. daily, although the Planning Commission approved the hours as 11 a.m. to 10 p.m. No additional licenses are being added, this would solely be a modification to the existing ABC license. Planning Commission conducted a public hearing on February 10, 2014. Commissioners asked questions regarding hours of operation, sales practices, and conditions of approval. The Commission voted to approve the Conditional Use Permit based on required findings and subject to Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, Bush, Flores, Pruitt Abstain: Garcia Absent: Dela Paz ATTACHMENTS: 11. Location Map 4. Reduced Plans 2. Planning Commission Staff Report 5. PD Comments 3. Resolution No. 3-2014 6. IPS Comments any 1,13Aesoo:1 521 526 540 607 616 624 640 1B 700 1 1 1 1 I 1 1 1 I 1 1 Z 0 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 515 517 515 543 --� Attachment 1 o - O. W RS-2 E 6th St 607 614 620 628 w co 3 E-7th.St- ----r 1 1 1 I 1 1 1 r 1 1 1 1 1 1 1 701 704 706 724 4 609 613 617 629 637 645 705 711 MO MI - Zor a Boundary Frolact t_Qoatton I Feet 0 75 150 300 APN; 556-331-04 Planning Commission Location Map 2013-29 CUP 1.2 .14 1 Title: Item no. 3 February 10, 20'P Attachment 2 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT FOR THE EXPANSION OF THE AREA APPROVED FOR BEER AND WINE SALES AT NAPOLEONE'S PIZZA HOUSE LOCATED AT 619 NATIONAL CITY BLVD. Case File No.: 2013-29 CUP Location: Near the southeast corner of National City Blvd. and E. 6th Street Assessor's Parcel No.: 556-331-04 Staff report by: Michael Fellows Applicant: Peter Crivello Property owner: Crivello Family Trust 08-08-74 Combined General Plan/ Downtown Specific Plan Development Zone 3 (DZ-3) Zoning designation: Adjacent land use/zoning: North: Commercial / DZ-3 East: Residential / DZ-3 South: Commercial / DZ-3 West: Commercial across National City Blvd. / DZ-1 B Environmental review: Categorically Exempt pursuant to Class 1, Section 15301 (Existing Facilities) P1 BACKGROUND Site Characteristics The project location is Napoleone's Pizza House located at 619 National City Blvd., in Development Zone 3 (DZ-3) of the Downtown Specific Plan. The existing restaurant is approximately 3,870 square feet in size. The area is mostly adjacent to commercial uses; however, there are single-family houses located across an alley to the east that are located in the same zone as the restaurant. History Napoleone's Pizza House was established in 1958. In 1966, the owner received an approval to sell and serve beer and wine in the dining room. The approval pre -dated the City's requirement for a Conditional Use Permit. In the 1970's, the restaurant expanded into an adjacent neighboring suite creating a game room and banquet room. There are no records indicating the restaurant owner received approval to serve alcohol in the game and banquet rooms. Proposed Use The applicant is making two requests with this application. The first request is to approve the sale of beer and wine sales in the existing banquet and game room areas that were added in the 1970's. This area includes approximately 1,200 square feet and includes a bar. The game room has a pool table and two coin operated games. The second request is for approval of a remodeled floor plan that would convert a storage area into additional banquet area totaling approximately 300 square feet. The restaurant is currently open Monday through Saturday from 11 a.m. to 10 p.m. However, the applicant is requesting approval to sell beer and wine from 11 a.m. to 2 a.m. daily. Analysis Section 18.30.050 of the National City Land Use Code allows for on -site alcohol sales with an approved Conditional Use Permit (CUP). The expansion of the area approved for alcohol sales requires that a CUP and applicable conditions be applied to the entire restaurant. Community Meeting Pursuant to Section 18.30.050 (C), the applicant is required to hold a community meeting. In this case, the applicant held two meetings because the mailing list from the first meeting was found to be deficient. The first meeting was held Tuesday, November 26, 2013 at 5:30 p.m. and the second meeting was Tuesday, January 28, 2014 at 5:30 p.m. Both meetings were held at the subject restaurant. Sign -in sheets, minutes, and advertisements for both meetings are attached. According to the sign -in sheet, four residents were in attendance at the first meeting and six residents attended the second meeting. The applicants made a presentation showing the new floor plan. No objections were noted by the attendees of the community meeting. P2 The Planning Department is recommending that the hours approved for alcohol sales be limited to the restaurant's operating hours that are from 11 a.m. to 10 pm. The reason for the limitation is to ensure the restaurant does not serve alcohol without food. The applicant can request modification of the CUP hours if the restaurant's operation hours change. Alcohol Sales Concentration/Location Per the California State Department of Alcoholic Beverage Control (ABC), there are currently three (3) other on -sale permits issued in this census tract (118.01) besides Napoleone's Pizza House. These permits are: Name Address License Type* Oriental Cafe 39 E. 7th Street 41 Mcdinis Irish Cantina 105 E.8m Street 47 Rincon Del Mar 314 Highland Ave. 41 * Type 41 - On -Sale Beer and Wine for Bona Fide Public Eating Place Type 47 - On -Sale General for Bona Fide Public Eating Place All three of the other on -sale licenses are restaurants. Census tract 118.01 includes the area of the City between National City Boulevard and Highland Avenue, and between Division Street and E. 8th Street. The attached census tract map shows the location of the subject tract. ABC recommends a total of four on - sale alcohol permits be issued in this census tract, where four exist. No additional ABC licenses are being requested. This would be the expansion ofan existing license. Chapter 18.030.050 (D) requires a 660-foot distance from sensitive uses such as schools. However, restaurants with greater than 30% of their area devoted to seating (as applies in this case) are exempt from these distance requirements. Integrity Charter school is approximately 300 feet from the restaurant. Police Department comments Crime statistics provided by the Police Department (PD) indicate that the reporting area (Beat 20) had a 2011 crime rate of 114%, below the 120% considered to be a high crime area. As of the writing of this report, no Risk Assessment report has been received from the Police Department. The assessment would normally assign points based on the type of business, license concentration, and calls for service (among others) and would rank the business according to potential risk (low, medium, or high). Restaurants are usually considered low risk, although this will need to be confirmed by the Police Department. Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as conditions specific to on -sale alcohol sales per Council policy (alcohol incidental to P3 food, hours of operation, RBSS training, etc.). Police, Fire and Building Department comments have also been included as conditions. Summary Napoleone's Pizza House has been in business at this location since 1958, and serving beer and wine as an accessory service since 1966. No concerns have been noted regarding business operations or associated crime in that timeframe. The census tract in which the restaurant is located is not over -concentrated with regard to on -sale alcohol licenses, and no additional licenses would be added by this permit. RECOMMENDATION Approve 2013-29 CUP subject to the conditions listed below, based on attached findings. ATTACHMENTS 1. Recommended Findings for Approval/Denial 2. Recommended Conditions 3. Location Map 4. Census Tract Map and Police Beat Map 5. Community Meeting Information (advertisements, notices, and sign -in sheets) 6. Public Hearing Notice (Sent to 634 property owners and occupants) 7. Notice of Exemption 8. Applicant's Plans (Exhibit A, case file no. 2013-29 CUP, dated 11/4/2013) MICHAEL FELLOWS BRAD RAULSTON Planning Technician Executive Director P4 RECOMMENDED FINDINGS FOR APPROVAL 2013-29 CUP, 619 National City Boulevard. 1. That the site for the proposed use is adequate in size and shape, since the restaurant has historically sold beer and wine and the additional area approved for beer and wine sales 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 National City Boulevard is classified as an arterial street in the Circulation Element, and an increase in the area approved for alcohol sales is not expected to result in an appreciable increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the existing restaurant is approved to sell beer and wine; and since the additional area approved for alcohol sales is within the existing building. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the continued viability of a restaurant, an established and allowed use in Development Zone 3. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED FINDING FOR DENIAL 2013-29 CUP, 619 National City Boulevard. 1 That public convenience and necessity will not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. P5 General 1. This Conditional Use Permit authorizes an existing restaurant located at 619 National City Boulevard to expand of the area approved for alcohol sales to include the existing and proposed dining, banquet, and game room areas. Unless specifically modified by this resolution or subsequent Codes, Plans submitted for permits associated with this project shall conform with Exhibit A, case file no. 2013-29 CUP, dated 11/4/2013. 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 the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. RECOMMENDED CONDITIONS OF APPROVAL 2013-29 CUP, 619 National City Boulevard. Building 7. The proposed project shall be constructed as per the 2013 California Building, Electrical, Plumbing, Mechanical and Fire Codes. The proposed tenant improvement will require all accessibility requirements to be mat at the site, including updating the restrooms. Fire 8. The project shall be built to code. The National City Fire Department utilizes the 2013 edition of the California Fire Code and the 2013 edition of the National Fire Protection Association Codes and Standards. P6 9. Occupancy for the additional area in which the expansion will be taking place shall be an A-2 occupancy, as determined by the California Fire Code, 2013 edition, Chapter 9, Section 903.2.1.2. 10.An automatic sprinkler system shall be provided for group A-2 occupancies where either the fire area has an occupant Toad of 100 or more, and/or the structure exceeds 5,000 square feet, contains more than one fire area containing a group A-2 occupancy, and is separated into two or more buildings by fire walls of less than four hour fire resistance rating without openings. 11.An approved and monitored fire alarm system shall be installed upon installation of sprinkler system. Planning 12. The sale of alcoholic beverages shall be limited to between the hours of 11:00 a.m. and 10:00 p.m. seven days a week. 13.AII sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 14. 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. Alcohol shall be available only in conjunction with the purchase of food. 16. 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. Police 17. 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. P7 ., rosoli Cofgorayon anWewss"r*ie. ene4.-Portions 00-,�005.I��1aI18bieid:$0wlpt- on. Agti rts�6 tred,,,. eed nnsn 1p®Antl4ltes g22005; hVTEQ Allr19hds re6dN90 �1 end$%PTE�, ON80Rp re.4ptls(nkrkcs 41 VstOO2005T a Atles Norlt`+An4 j x Aksii dt4� aTi is 4dss.aM�e1eAUas'FmMArnenLief . 11(i4.tla¢. • ; t .. 6 �+'?'1 _ . . Source: Microsoft Mappoint NCPD CAU, 4/18/07 City of National City Beat 20 P8 13 '} ', ' a f��L�tf! ilzza f{ e s 401 Napileone Pizza. House, Inc Wewill be holding a community, regulations, for our Proposal Extend a apeeting per o�- to sell beer and wine: wit the tauratxf: p .There will berm physical expansion to the area. Wehave been selling beer and wine at this location years artd the proposal is to be. able to continue o so 5 You are in1u d to comment anti* proposal on January 28 2014. at 5:30pm 663.9 Na#ionaI. City Blvd, National City, CA 91950 P10 P11 CeptiMJA1!� ''cs fut Napoleone-Pi Mouse Inc We will be holding a comma regulations, for our Proposal to Extend area approved to sell beer and meeting per city wine within the restaurant. _._. _ There will be no physical expansion We have been selling Pansi°n to the area. p beer and wine at this location for 55 years the proposal is to be able to continue to do so. You are invited to comment on this proposal on: November 26, 2013 at 5:30pm 619 National City Blvd, National City, CA 91950 P12 „lot) Icsuiccoy resr;F -Thesre-- 00,91-101,tyl no. 'pan $tio n 2� (27 eh frAln, ? 4C. icy' pkinnivAci se41 re_ ne 7 JCR4. G or 1 1J 6c41.4 40/ A.12,14_,s otitik nc P13 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR THE EXPANSION OF THE AREA APPROVED FOR BEER AND WINE SALES AT NAPOLEONE'S PIZZA HOUSE LOCATED AT 619 NATIONAL CITY BLVD. CASE FILE NO.: 2013-29 CUP APN: 556-331-04 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, February 10th, 2014, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Peter Crivello) The applicant is requesting to expand the area approved for alcohol sales into an existing dining area in the restaurant and requesting approval of a future floor plan. Information is available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Department on or before 12:00 p.m., February 10th, 2014, who can be contacted at 619-336-4310 or planninq@nationalcitvca.aov 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. PLANNING DEPARTMENT BRAD RAULSTON Executive Director P14 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: 2013-29 CUP Project Location: 619 National City Boulevard, National City, CA 91950 Contact Person: Michael Fellows Telephone Number: (619) 336-4315 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit application for expansion of the area approved for beer and wine sales within Napoleone's Pizza House. Applicant: Telephone Number: Peter Crivello (619) 947-6742 619 National City Boulevard National City, CA 91950 Exempt Status: Categorical Exemption. Class 1 Section 15301 (Existing Facilities) Reasons why project is exempt: The project will result in no changes to the physical environment, since the proposal is located completely within the existing restaurant building. Date: MICHAEL FELLOWS Planning Technician P15 Attachment 3 RESOLUTION NO. 3-2014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF THE EXISTING AREA APPROVED FOR BEER AND WINE SALES AT NAPOLEONE'S PIZZA HOUSE LOCATED AT 619 NATIONAL CITY BLVD. CASE FILE NO. 2013-29 CUP APN: 556-331-04 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the expansion of the existing area approved for beer and wine at Napoleone's Pizza House located at 619 National City Blvd. at a duly advertised public hearing held on February 10, 2014, 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. 2013-29 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing;. and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on February 10, 2014, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the restaurant has historically sold beer and wine and the additional area approved for beer and wine sales 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 National City Boulevard is classified as an arterial street in the Circulation Element, and an increase in the area approved for alcohol sales is not expected to result in an appreciable increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the existing restaurant is approved to sell beer and wine; and since the additional area approved for alcohol sales is within the existing building. P1 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the continued viability of a restaurant, an established and allowed use in Development Zone 3. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes an existing restaurant located at 619 National City Boulevard to expand of the area approved for alcohol sales to include the existing and proposed dining, banquet, and game room areas. Unless specifically modified by this resolution or subsequent Codes, Plans submitted for permits associated with this project shall conform with Exhibit A, case file no. 2013-29 CUP, dated 11/4/2013. 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 the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. Building 7. The proposed project shall be constructed as per the 2013 California Building, Electrical, Plumbing, Mechanical and Fire Codes. The proposed tenant improvement will require all accessibility requirements to be mat at the site, including updating the restrooms. P2 Fire 8. The project shall be built to code. The National City Fire Department utilizes the 2013 edition of the California Fire Code and the 2013 edition of the National Fire Protection Association Codes and Standards. 9. Occupancy for the additional area in which the expansion will be taking place shall be an A-2 occupancy, as determined by the California Fire Code, 2013 edition, Chapter 9, Section 903.2.1.2. 10. An automatic sprinkler system shall be provided for group A-2 occupancies where either the fire area has an occupant Toad of 100 or more, and/or the structure exceeds 5,000 square feet, contains more than one fire area containing a group A-2 occupancy, and is separated into two or more buildings by fire walls of Tess than four hour fire resistance rating without openings. 11.An approved and monitored fire alarm system shall be installed upon installation of sprinkler system. Planning 12. The sale of alcoholic beverages shall be limited to between the hours of 11:00 a.m. and 10:00 p.m. seven days a week. 13.AII sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 14. 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.Alcohol shall be available only in conjunction with the purchase of food. 16. 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. Police 17. 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. P3 BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of February 10, 2014, by the following vote: AYES: Alvarado, Bush, Baca, Pruitt, Flores NAYS: ABSENT: Dela Paz ABSTAIN: Garcia CHAIRPERSON P4 ATTACHMENT 4 `Pr oe° C.WAANCe' NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 02/05/14 BUSINESS NAME: Napoleone Pizza House ADDRESS: 619 National City Boulevard, National City, CA 91950 OWNER NAME: Salvatore Crivello DOB: 03/14/44 OWNER ADDRESS: 3435 Howk Street, San Diego, Ca. 92103 (add additional owners on page 2) I. Tvoe of Business 0 Restaurant (1 pt) ❑ Market (2 pts) 0 Bar/Night Club (3 pts) H. Hours of Operation ❑ Daytime hours (1 pt) ❑ Close by l Opm (2 pts) 0 Close after lOpm (3 pts) III. Entertainment 0 Music (1 pt) 0 Live Music (2 pts) 0 Dancing/Live Music (3 pts) IV. Crime Rate m Low (1 pt) ❑ Medium (2 pts) ❑ High (3 pts) V. Alcohol Businesses per Census Tract 0 Below (1 pt) 0 Average (2 pts) ❑ Above (3 pts) Revised: 11/11 Notes: Music - Jukebox 8 Calls for service last year in the area Census Tract - 118.01 Allowed Type 41 - (4) Suspension in 2004 - 25658(a) B&P 1 of 2 P2 National City Police Department VI. Calls for Service at Location (for previous 6 months) VT Below (1 pt) 0 Average (2 pts) 0 Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) ❑ Mostly commercial businesses (1 pt) ZI Some businesses, some residential (2 pts) 0 Mostly residential (3 pts) VIII. Owner(s) records check �±l No criminal incidents (0 pts) ❑ 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 10 pts OWNER NAME: Salvatore Crivello Dog_ 03/14/44 OWNER ADDRESS: 3435 Howk Street, San Diego, Ca. 92103 OWNER NAME: Peter Crivello DOB: 12/03/75 OWNER ADDRESS: 1385 Old Janel Ranch Road, Chula Vista, Ca., 91915 Recommendation: This is not an addtion to the number of licenses in the census tract, they currently have a Type 41 - Beer and Wine ABC license. Census Tract 118.012 is allowed per ABC to have 4 Type 41 licenses, there are currently 3 to include the current license Napoleone Pizza has 10 day suspension in 2004 for 25658(a) B&P - Fumish alcohol to under 21 years of age. Completed by: Graham Young, Lt. 2 of 2 Badge ID: 365 P3 Attachment 6 t ......w. Environmental Scan For Alcohol License C.U.P. Napoleone Pizza 619 National City Blvd, National City, CA 91950 January 16, 2014 Photo of Napoleone Pizza Google Earth View of 619 National City Blvd. and Surrounding Area This environmental scan is for a Conditional Use Permit for Napoleone Pizza, located at 619 National City Boulevard, in National City. The business is located between 6th Street and 7th Street in National City. The Census Tract is 0118.01. The applicant is applying for a Conditional Use Permit to expand the amount of area within the business for sales of Beer and Wine. The applicant currently has an existing, non -conforming (Grandfathered), type 41 license for On Sale consumption of alcohol within part of the premises for the business. The applicant has requested a change to the floor plan of the business with changes requiring an updated Conditional Use Permit. An environmental scan was conducted on Thursday, January 16, 2014. Community Input was also gathered from residents and businesses in very close proximity to Napoleone Pizza. The business is a neighborhood restaurant with sales of food from a menu and beverages. During a scan of the business and property the following was noted: The business is one of three small businesses located in one strip of property, with other businesses, single- family residences, multi -unit housing and hotels in the immediate 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.publicshategies.org P1 During a scan of the business, some graffiti was noticed inside of the men's restroom. These areas were on the paper towel dispenser and on a wooden board supporting the bathroom sink. The exterior of the business in the front and the back were dean with no signs of trash or graffiti on the exterior of the property. Graffiti on Men's Room Paper Towel Dispenser Graffiti on Wooden Support Board The South Say Community Change Project is a proied otitis Institute for Public Strategies end Is funded by the San Diego County Health and Human Services Agency Page 2 of 6 Mailing Address: 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax 619.476-9104 www.pubficstretegies.org • P2 Exterior of Business was Clean with No Graffiti Youth Sensitive Areas The business is located near a youth sensitive area. Integrity Charter School, located 701 National City Blvd, National City, is approximately 325 feet South of Napoleone Pizza. The school has 250 students in grades pre -kindergarten through 8th grade. schools near 619 National City Sled, National City, CA SDCOE-South County Regional Education Center ono National City Blvd, National City, CA 0-1 mi S (616) 470,6200 - adcoe.nei 110 Integrity Chatter School 701 NaI onai City t?hld, National City, £A 233ft5 {613).336-0808 integrilyehaneraehool net at Southwestern Community College - 880 National City 8hd, National City, CA 0.2 ne S (619) 216 swat *du do South SoRegion Community School T ) 4Natioonnall11 City Blvd, National City. CA 0.1 mi S Rscat a a a 4.m - Maya Lab3. M•k eagle Afap.-4020440eeple - Tama al Ua•. M»LY OTI Stisi fDeag' and Into= .. �. .-.. The South Bay Conarunity Change Project is a project of the Institute for Public Strategies and is funded by the San Diego County Health and Human Services Agency Page3of6 Mailing Address: 2615 Camino del Rio So. #300 • San Diego, Califomia, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org P3 Schools Near 619 National City Blvd. Green Arrow Depicts Location of Napoleone Pizza Churches A Google search showed the closest church to the applicant's location is the First United Methodist Church, located at 242 E 8th St, National City and approximately 0.2 miles East of the applicant's business. Outlet Density Census Tract 0118.01.01 is at the allowable number of On Sale liquor outlets for the ratio established by the California Department of Alcoholic Beverage Control in relation to the existing Census Tract population. This includes the existing alcohol license for Napoleone Pizza. The ABC allowable number for On Sale outlets in the Census Tract is four liquor outlets. The actual number Is four licenses. Green Arrow and Red Pin Depict Applicant's Location for "Napoleone Pizza" at 619 National City Blvd. Yellow Circles Depict Existing Alcohol Outlets in Applicant's Census Tract and Other Nearby Census Tracts Map from ABC.CA.Gov Website Showing Alcohol Outlets in National City The South Bay Community Change Project is a project of the Ns -Elute for Po&9c Strategies and is funded by the San Diego County Health and Human Services Agency Page 4 of 6 Mailing Address: 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619,476-9100 • Fax: 619.476-9104 www.pubticstrategles.org P4 Census Tracts Off -Sale Census Tract 0118.01 Establishment is within this tract Neighboring Census Tracts Allowed: 2 Actual: 2 Number Above/Below Allowable: - On -Sale Allowed! 4 Actual: 4 Above/Below: - Tract 118.02 Tract 117 Allowed: 4 Actual: 5 Number Above/Below Allowable: +1 Allowed: 4 Actual: 9 Number Above/Below Allowable: +5 Crime Rate Allowed: 7 Actual: 2 Above/Below: -5 Allowed: 7 Actual: 13 Above/Below: +6 A request for the beat and crime rate for the applicant address was made, however no data was provided. At this time, the beat and crime rate are unknown to our office. Community Input Community input was received from approximately 15 people from the immediate area of Napoleone Pizza and obtained on January 16, 2014. Overall, the residents and businesses contacted were in favor and full support of the business selling alcohol. Community Input for Approval of Alcohol License: Both residents and business owners. in the immediate area were in full support of Napoleone Pizza continuing with sales of beer and wine and expanding the area within the business where alcohol can be sold. One resident noted the business had been operating for decades and they had always been a good fit for the neighborhood. Other business owners were supportive of Napoleone Pizza and noted they had not observed any problems with over service of alcohol from the business. Considerations The Crime Rate is unknown for this location. A follow up request for this information from personnel within the City of National City, may result in obtaining the crime rate for this location. The existing Alcohol License (#291747) for On Sale Beer and Wine (Type 41) for Napoleone Pizza has a Disciplinary History for 25658(a) Business and Professions Code. 25658. (a) Except as otherwise provided in subdivision (c), every person who sells, furnishes, gives, or causes to be sold, furnished, or given away any alcoholic beverage to any person under 21 years of age is guilty of a misdemeanor. The South Bay Corw unity Change Norm! is a project of the Institute for Public Strategies and is funded by the San Diego County Health and Human Services ApencY Page 5 of 6 Mailing Address: 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.pubICsdategies.org P5 This information was obtained from the California Department of Alcoholic Beverage Control (ABC) website. However, the ABC website does not contain any information on when this violation actually occurred. A telephone call was made to the ABC office in San Diego with a request for this information. ABC personnel noted this information could only be disclosed under a written request for these records. A follow up request for this information from personnel within the City of National City, may result in obtaining the date of the violation and any disciplinary action taken. A new Conditional Use Permit with conditions established by city and police personnel, if granted, would allow for increased local control at the city level and would replace a current, non -conforming "grandfathered" alcohol license at the location. The South Bay Community Change Project is a project of the Institute for Public Strategies and is funded by the San Diego County Health and Human Services Agency Page 6 of 6 Mailing Address: 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org P6 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 4, 2014 AGENDA ITEM NO.5 ITEM TITLE: TEMPORARY USE PERMIT — 7th Annual Community Easter Egg Hunt 2014 sponsored by Cornerstone Church of San Diego at Las Palmas Park on April 19, 2014 from 11 a.m. to 3 p.m. with no waiver of fees. PREPARED BY: Vianey Rivera PHONE: 1(619) 336-4364 EXPLANATION: DEPARTMENT: NeighbServices Division APPROVED BY: This is a request from the Cornerstone Church of San Diego to conduct an Easte gg Hunt at Las Palmas Park on April 19, 2014 from 11 a.m. to 3 p.m. Set up for the event will commence at 6:00 a.m. on the day of the event. This event will include an Easter Egg hunt for appropriate age groups, face painting, music stage with monitored sound system and eating areas with tables and chairs. Free games will be provided. Cornerstone Church will set up approximately ten 10x10 booths. The applicant is not requesting the use of the City's stage and will provide their own security for this event. No fees were waived in 2011 or 2012 and this event was held out of City in 2013. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS The City has incurred $237.00 for processing the TUP, plus $200.00 for the Fire Inspection. And Public Works Storm Water Compliance Inspection $93.16 Total fees: $530.16 pNVIRONMENTAL REVIEW: N/P! ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: !Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION: IN/A ATTACHMENTS: !Application for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: _ Public Concert _Fair _Festival X Community vent Parade _ Demonstration Circus _ Motion Picture _ Grand Opening _ Other Event Title: Community Easter Egg Hunt Block Party Event Location: Las Palmas Event Date(s): From 04-19-2014 to 04-19-2014 Actual Event Hours: 1 lam am/pm to 3pm arn/pm Total Anticipated Attendance: 2500 (1500 Participants 1000 Spectators) Setup/assembly/construction Date: 04-19-2014 Start time: 6am Please describe the scope of your setup/assembly work (specific details): Set up stage and sound system, tables, chairs and canopies Dismantle Date: 04-19-2014 Completion Time: 5Pm am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. This event will be contained within the park limits, no streets should be affected. Sponsoring Organization: Cornerstone Church of San Diego Chief Officer of Organization (Name) Sergio De La Mora Applicant (Name): Mike Ramirez Address: 1914 Sweetwater Rd. National City, CA 91950 Daytime Phone: (619) 425-9333 Evening Phone: (619) 414-2480 Fax: ( ) E-Mail: m.ramireztumingthehearts.com Contact Person "on site" day of the event: Mike Ramirez Cellular: 819-414-2480 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS is your organization a "Tax Exempt, nonprofit" organization? X YES „ NO Are admission, entry, vendor or participant fees required? — YES X NO If YES, please explain the purpose and provide amount(s): $ 0.00 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ 0.00 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. Roped off areas for appropriate age group egg hunt. Face painting, live music on stage with monitored sound system. Eating areas with tables and chairs. Free games provided. YES — NO if the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: _ YES X NO Does the event involve the sale or use of alcoholic beverages? X YES NO Will items or services be sold at the event? If yes, please describe: Food vendors, sodas, ice cream, candy... YES X NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. X YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. X YES ^ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 10 sixes 10X10 NOTE: A separate Fire Department permit is required for tents or canopies. X YES T, NO Will the event involve the use of the Ci�t or your stage or PA system? SPECIFY: Our stage and sound equipment will be used. In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: BBQ If you intend to cook food in the event area please specify the method: _ GAS ELECTRIC X CHARCOAL _ OTHER (Specify): [] Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can _show that there are facilities in the immediate area available to the public during the event) ®Tables # 8 and Chairs # 48 Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be retumed to a clean condition.) Number of trash cans: 6 Trash containers with lids: 0 Describe your plan for clean-up and removal of waste and garbage during and after the event: Please describe your procedures for both Crowd Control and Internal Security: Cornerstone Security And Traffic Ministries YES X NO Have you hired any Professional Security organization to handle security arrangements for this event? if YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES X NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. A First Aid Tent will be on site throughout the event with church staff manning the station. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Event will be held on public property that complies with ADA requirements. Please provide a detailed description of your PARKING plan: Parking will be on the two parking lots in the park as well as available street parking. Please describe your plan for DISABLED PARKING: Las Palmas Park Parking lot provides disabled parking. Please describe your plans to notify all residents, businesses and churches impacted by the event: Flyers, radio NOTE: Neighborhood residents must be notified 72 hours In advance when events are scheduled in the City parks. X YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: One Number of Bands: One Type of Music: Christian Worship Music X YES _ NO Will sound amplification be used? If YES, please indicate: Start time: 11 am am/pm Finish Time 3P am/pm X YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: 10am am/'pm Finish Time 1 ham am/pm Please describe the sound equipment that will be used for your event: Speakers, sound system, microphones and musical Instruments. _ YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: X YES NO Any signs, banners, decorations, special lighting? If YES, please describe: Event Banners indicating activities and hours of the event Revised 02/29/12 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Cornerstone Church of San Diego Person in Charge of Activity Mike Ramirez Address 1914 Sweetwater Rd. National City, CA 91950 Telephone 619-425-9333 Date(s) of Use 04-19-2014 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Da e For Office Use Only Certificate of Insurance Approved Date 4 II 7 v CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Cornerstone Church of San Diego EVENT: Easter Egg Hunt at Las Palmas Park DATE OF EVENT: April 19, 2014 TIME OF EVENT: 11 a.m. to 3 p.m. APPROVALS: NEIGHBORHOOD SERVICES YES [ x ] NO [ COMMUNITY SERVICES YES [ x ] NO [ RISK MANAGER YES [ x ] NO [ DEVELOPMENT SERVICES YES [ x ] NO [ PUBLIC WORKS YES [ x ] NO [ FINANCE YES [ x ] NO [ FIRE YES [ x ] NO [ POLICE YES [ x ] NO [ CITY ATTORNEY YES [ x ] NO [ SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager FINANCE Cornerstone has complied with business license. They are approved by Finance for the "Easter Egg Hunt" TUP. POLICE I will put out extra patrol and ask to see if any reserves are available to assist in security. DEVELOPMENT SERVICES Engineering Department: No comments. Planning: PA system to be directed away from residential areas. All activities must comply with Title 12 (Noise) of the Municipal Code.. Building: No comments. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Access to the area to be maintained at all times, entrances and emergency roadways. 2) Fire Department access into and through booth areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) Fire Hydrants shall not be blocked or obstructed. 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6) Provide a 2A:10BC fire extinguisher at stage area. Extinguisher to be mounted in a visible location between 3'/'to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. See Attached 7) Internal combustion power sources that may be used for this event shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted only when the ride is not in use. 8) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure. Internal combustion power shall be at least 20 feet away stage area 9) Internal combustion power sources that may be used shall be of adequate capacity to permit uninterrupted operation during normal operating hours. 10) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 11) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all rides, cooking areas, game booths, etc. 12) If tents or canopies are used, the following information shall apply: • Tents having an area from 0-200 square feet shall be $200.00 • Tents having an area more than 201 square feet shall be $400.00 • Canopies having an area from 0-400 square feet shall be no charge. • Canopies from 401-500 square feet shall be $250.00. • Canopies from 501-600 square feet shall be $300.00. • Canopies from $601.00 or greater shall be $400.00. • Multiple tents and or canopies placed together equaling or greater than the above stated information shall be charged accordingly. • Tents shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Fees can only be waived by the City Council. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet State Fire Marshal approval for cooking. See Fire Marshal for required explanation. 13) Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides and shall not be located within 10 feet of tents or canopies 14) All cooking booths or areas to have one 2A:10BC fire extinguisher. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. See Fire Marshal for required explanation. All fire extinguishers to have a current State Fire Marshal Tag attached. 15) First Aid will be provided by Cornerstone Church of San Diego personnel. 16) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of one hundred ($200.00) dollars. 17) Inspection Is Required. Please see Fire Department for fees and required permit. 18) Fire Department fees can only be waived by City Council. 19) Provide clear map of set-up If you have any questions please feel free to contact me. RISK MANAGER (619) 336-4300 Obtain Certificate of Insurance showing the City of National City as certificate holder Provide Additional insured endorsement naming the City of National City as an additional insured. PUBLIC WORKS (619) 336-4580 Street Division No involvement. Facilities Division No involvement. Parks Division • One staff two hours at overtime rate of $46.58 to inspect after event and fill out Storm Water Compliance Inspection for Special Event Report and do little control. ($93.16) • Irrigation will be turned off prior to this event. • We do not have electrical in this area. • Event organizer must clean up after event. • No vehicles on lawn. • Little League does not have any scheduled games that weekend. COMMUNITY SERVICES This will affect parking at the National City YMCA recreation center and pool in Las Palmas park. Applicant should work with the YMCA to coordinate efforts and ensure there is minimal impact to their programming. YMCA contact info: Lisa C. Johnson Executive Manager SOUTH BAY FAMILY YMCA 1201 Paseo Magda, Chula Vista, CA 91910 (P) 619 421 9622 ext. 12115 (F) 619 421 8012' (E) liohnson@ymca.orq Recommend applicant contacting the YMCA before the application goes to Council. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 4, 2014 AGENDA ITEM NO. L6 ITEM TITLE: Request to use Martin Luther King Jr. Community Center (North and South Rooms) by National City Chamber of Commerce for a Job Fair on Wednesday, April 2, 2014, from 7:00 am to 2:00 pm. Applicant anticipates approximately 700-800 attendees. Applicant is requesting a waiver of fees. PREPARED BY: Stephen Manganiello PHONE: 336-43821 EXPLANATION: DEPARTMENT: Engineering/Public Work APPROVED BY: The Chamber of Commerce is requesting the use of Martin Luther King Jr. Community Center (North and South Rooms) for a Job Fair on Wednesday, April 2, 2014. The fee summary is as follows: Fees: Non-Waivable Fee Refundable Deposit: Hall Fee $820.82 Facility Use Fee $50.00 Cleaning: $100.00 Custodial $440.00 Chairs/Tables $201.00 The fees, including the non-waivable Facility Use Fee, total $1,511.82. In addition, there is a "refundable" cleaning deposit of $100.00. This request is consistent with City Council Policy 803 governing the use of this facility. Under the current City Council Policy 804, this event is not listed as a City -sponsored or co -sponsored event. However, the Policy 804 Ad -Hoc Committee has recommended listing this event as a City co -sponsored event as part of the Policy 804 Update. This is the third year for the Job Fair. Last year, at the February 5, 2013 City Council Meeting, Council waived hall, chair and table fees, and requested payment of the refundable deposit, custodial fees, and facility use fee.) FINANCIAL STATEMENT: ACCOUNT NO. n/al ENVIRONMENTAL REVIEW: n/al ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff recommends approving the Facility Use Application with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: n/el ATTACHMENTS: Facility Use Application Certificate of Liability Insurancel Oilt'I,K„dpN1A;�;' NAT try City of National City Facility Use Application Rev.6/28/11 2100 Hoover Avenue National City, CA 91950 (619)336-4580 Fax (619)336-4594 After hours dispatch: (619)336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use ofJ ity Facility attend the City Council meeting when the item is scheduled for consideration in order to answeeany qsagstions from o the City Council. r- . 73 Facility Requested: please circle t) m CR tj Date(s) of Use: April 2,t 2014 Time of Use: From: , i : 30 Day(s) of Use: April 2e i aen M To: 2 : DO — INCLUDE SET-UP & CLEAN UP TIME Type of Function/Activity: Jelb l c i r Is the event open to the public? y S Name & Address of Organization/Group: Na410 na l Oi i + y 0 hcl tyiber OF 60 rt-i Yri Ctc e Non- profit organization: ye {No Tax ID.# G185 6 1038 Anticipated Maximum Attendance: 700-800 y Percentage of National City Residents Will Admission be charged? N0 Amount $ Will this be a Fund Raising Event? INI0 Equipment Requested: 200 # of chairs `10 C i ) # of banquet tables ref Stage 'CS Podium/Microphone **PLEASE ATTACH SEATING DIAGRAM joptf i SpCQj Audio & Visual Equipment Required? (Please Specify) miGYophawe On cfi-ireCA(C,C6 Use of Kitchen: Yes ✓ No Use of Gas for Range and Oven: Is the Use of Alcohol Requested? NO Will other paid services be used (I. e, commercial caterer, DJ, Band, etc)? ‘/ Yes Name: UnKnowr G±- 4inie o(appIiCC41011 Phone: Name: Phone: Yes ✓ No No COV Glwiti ca b\ �omploloc eta Iv}O How many times in the last twelve months have you requested to use a City Facility? .�. N ow,' Ed exit to12( 15 It is expressly understood and agreed that the applicant assumes all risk for loss, damage, Liability, injury, cost or expense that may arise during or be caused in any way by such use or occupancy of the facilities of the City of National City and/or Community Services Department. The applicant further agrees that in considerations of being permitted the use of the facilities agreed to, they will save and hold harmless the said City of National City, its officers, agents, employees and volunteers from any loss, claims, and liability damages, and/or injuries to persons and property that in any way may be caused by applicant's use or occupancy. I, the undersigned, hereby certify to abide by the regulations governing said facility and agree to abide by all City of National City ordinances and facility rules and policies, and be representative of the user organizations. Further, I agree to be personally responsible for any damage/loss sustained by the ground, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Application recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to sections 107 and 107.6 of the revenue and taxation code against applicant's possessory interest in the City's facility. I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/ GROUP TO CONFORM TO ALL OF ITS PROVISION. DATE COMPLETED: 2 / 5/1 Li PRINT NAME: In Gq fr S in C', L. P G /nand SIGNATURE: ADDRESS OF APPLICANT: C10 1 NOt% "ono' Gi4 Bind CITY, STATE, AND ZIP CODE: NAti nCt 1 Ct+y, GA (91g5O PHONE: DA4ICJJ in 1-43311 FAX NUMBER: 6K1) 41.1- 5018 CONTACT PERSON ON THE DAY OF THE EVENT: JCIOq VC 11 Ile PHONE: (!dCD 41 1. 4 33Q CELL: VA) ago - (0 Co 14 HAVE YOUR COPY OF APPLICATION IN POSSESION DURING USE Please type or print clearly with a Ballpoint pen. Complete application must be submitted and payment submitted in advanced of the event. L. QGyi'Io c Public worts Staff pnly- Rental Amount Received: Receipt Number: Deposit Amount: Deposit/ Key Returned: Check Key issued: YES NO CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Person requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which include the city; its officials, agents and employees named as additional insured and to sign the hold harmless agreement. Certificate of Insurance must be attached to this permit. Organization: No} 'tonal Gi }y Ghambrdr of Gommtece Person in charge of activity: Jo cdiV t'i l i n C L. ilc i o O , PiCiY /G 60 Address: coil y}Ioro\ G41 BINA.) 14(A}-1o1n01 GA chgS } Telephone: (Gtq) 41 1-GlS' E-Mail: Yey110SO 6fct•1i0Y1Glci Chgmbrr•a(9 City Facilities and/ or property requested: M L K A t• Bu i Id t ng Date(s) of use: A p r I I 2, 2014 f (O m 7 : 30 (Am- 2 '. 00 pm HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities On public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death, or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out or related to the use of public property or the activity taken under the permit by the permit or its agents, employees or contractors. WADI Signall a of applicant Date 2I5IIt-I Certificate of Insurance Approved by Name and Title Safety/ Security Please describe your procedures for crowd control and internal security: S.c ( and \Jolun+e-ors corn +he soo}h Goon1.1 Garcor (vv.-O.-or and +hi No-Vtono, 1 G►ky 6hotnr*cr or CotxCe NA) ►1 be o(\ }G ko Gona-►'a\ c,•rowd cnr,d mcainA-oiri ordex arl- -Hht -erg- . YES I NO Have you hired any Professional Security organization to handle Security arrangements for this event? If YES, please list: Security Organization: N IN Security Organization Address: h1 I+\ Security Director (Name): A Phone: Additional Requests • Is it possible to set-up the day before the event? Tuesday, April 1, 2014? • No wall dividers • Can we get Parking spaces for employers • No Street sweeping (B Street) • No citations from the NCPD on "permit only" streets x 2 d CDC3 7le;ping 'et.. For, s; ptiALIEJED ghs iaYE $ EMPLOYERS WANTED! Career Pathways to Success Job Fair Hosted by the City of National City, the National City Chamber of Commerce and The South County Career Center .r. CALIF,OgW A - NATIONAL err •T'. COApORATrD SOUTH COUNTY BUSINESS SERVICES wnrw.w.nw. .raaswar.r..nruw, NM* Nam To Participate Download the Registration Form at www.NationalCityChamber.org Submit by March 20. 2014 For more information Call National City Chamber of Commerce at (619) 477-9339 Date: April 2, 201.4 (Pending Council Approved) Time: 10 a.m. — 1:00 p.m. Location: Martin Luther King Jr. Community Center, 140 E 12th Street National City CA 91950 This is a no -fee job fair focusing on employers in the growth industries of Automotive, Healthcare, Hospitality and Maritime. This event is FREE to participate, offers over 600 job seekers, and includes a Continental Break- fast and Lunch for participating employers sponsored by INCLUDES Entrepreneurship Center For Small Business Start-ups 8:30 am— 9:30 am Set Up and Continental Breakfast 9:30 am Welcome and Opening Comments by City Council 10:00am Job Fair Opens to the Public ��wtt,:;CAALIF,rdRNIA.//"��wvv.,... ;,AIONAL Wr INC6nr4iAT8 sou-r'H COUNTY t3U5tNm55 Sems/ C�� Career Pathways to Success Job Fair: April 2, 2014 Hosted by the City of National Clty, the National City Chamber of Commerce and The South County Career Center This is a no -fee job fair focusing on employers in the growth industries of Automotive, Healthcare, Hospitality and Maritime industries. Other industries will be considered pending committee review. Please confirm your attendance and participation by completing this form and returning to the South County Business Services Team. Please submit your registration no later than March 20, 2014. JOB FAIR AGENDA 8:30 am— 9:30 am Set Up and Complimentary Continental Breakfast 9:30 am Welcome and Opening Comments by Mayor and City Council, City of National City 10:00 am Job Fair Opens to the Public COMPLIMENTARY LUNCH SERVED AT 1:OOPM FOR EMPLOYERS Company/Organization Name: Contact Person: Title: Type and Number of Job Openings (Indicate Quantity of each): Admin. Labor Executive Application Website: HR Contact: (Name) (Phone) (Email) Tel: ( ) Fax: ( ) E-mail: Address: City Zip: Note: All participating entities will be provided a 6 ft. display table and two chairs. Participation does not include linen, table stands, writing utensils, or clipboards. Please check off below any additional Items that you may need to partidpate in this event: ❑ Will need electrical outlet ❑ Will host a large display and need additional space ❑ Wi-Fi needed ❑ Promote your business in the 'Job Seeker' handbook. $50 sponsorship covers employer listing and logo. Please return this completed form to: Diane Rose, South County Business Services dianer( workforce.orq / 619-628-0322 / fax: 619-429-0342 NCCHAMI OP ID: MM '444Qr CERTIFICATE OF LIABILITY INSURANCE 1 DATE(MMIDD/YYYY) 01/22/14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE THIS POLICIES A CONTRACT BETWEEN THE ISSUING INSURER'S), AUTHORIZED IMPORTANT: II the certificate holder is an ADDITIONAL. INSURED, the pollcy(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 Ileu of such endoreement(s). PRODUCER 868-452-2200 Waterldge Insurance Services 868 462 8004 10717 Sorrento Valley Rd. San Diego, CA 82121 R.B. Guy insurance Agency,hnc. 'CarrMelissa Marquez P FAX a. No. E.t1: 1 uvc. Nut, s; m m arquezetwaterldge.com INSURERS) AFFORDING COVERAGE NAIC S INSURER A:Assurance Company of America 19305 INSURED National City Chamber of Commerce 901 National City Boulevard National City, CA 91950 INSURER B: INSURER O; INSURER D: INSURERE: INSURER F: GES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED 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 AU. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID�CLAIMS. INSLTRR TYPE OF INSURANCE MAR SUER POUT' NUMBER OL IMMR:aI1'Y)'Y) LIMITS PAS38912618 09/22/19 09J22/14 EACH OCCURRENCE S 2,000,000 A GENERAL X LIABILITY COMMERCLAL GENERAL LIABILITY X DAMAGE TOED— PRENIIBES ERENa ocTaur.nce) S 2,000,000 MED EXP (Any we person) $ 10,000 j 1 CLAIMS -MADE X OCCUR PERSONAL & ADY INJURY $ 2,000,000 GENERAL AGGREGATE S 4,000,000 PRODUCTS- coMP/OP AOC $ 4,000,000 OE'L 1L 1 POLICY LIMIT APPLIES1�'1PER: 1 1.IEmcr 1 1 LOC rim $ A AUTOMOBILE — X LIABILITY ANY AUTO ALL OWNED —SCHEDULED X AUTOS NED PAS38912618 09/22M3 09/22/14 COMBINED SINGLEUMR' $ 1,000,000 BODILY INJURY (Per person) $ INJURY (Par aaddon0 $ BBRODILY OPERTY (PereookleiO DAMAGE $ 5 UMBRELLA UM EXCESS LAB — OCCUR CLAIMS -MADE EACH OCCURRENCE 9 AGGREGATE $ ; DED RETENTION 5 WORKERS COMPENSATION AND EMPLOYERS' LABILITY N IA OY���Ms I µ EL EACH ACCIDENT ; ANY �� E.L DISEASE- EA EMPLOYEE $ OFF ER EXCLUDED? (Mandatory In NH) OESoR reribe OF OPERATIONS below E.L DLL - POLICY LIMIT $ TFIE CITY OF NAT NAL C , ITSV�HFIF�IC ADDITIONAL INSURED WIRESPE TTTO THEIR INSURED'S SIGNS LOCATED IN THE CITY LIMITS L a BOARaB CONI°I(�� 8 N8 ENIfN1us�E Sea (e required) Y PER ATTACEAPPEAR NAMEDMED ABILIIINTERESTS OF NATIONAL CITY CERTIFICATE HOLDER CANCELLATION NAT1002 CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 92060 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEIJVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE / 4.• •• y ACORD 26 (2010/06) If91988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 4, 2014 AGENDA ITEM NO.17 ITEM TITLE: New Business — Request from National City Chamber of Commerce for waiver of National City Fire Department fees on Mariachi Festival & Competition event at Pepper Park on March 15, 2014. This is a Port of San Diego large event permit which requires National City Fire Department review and inspections. PREPARED BY: Armando Vergara ! DEPARTMENT: Nei PHONE: (619) 336-4364, APPROVED BY: EXPLANATION: This is a request from the National City Chamber of Commerce to have National City Fire Department inspection fees waived for the Mariachi Festival and Competition on March 15, 2014. This event is being held at Pepper Park which requires a Port of San Diego large event permit. In accordance with the Unified Port of San Diego permit process, any event which could require Police or Fire services at Pepper Park must also process with the City of National City's designated departments to determine if permits are warranted and if fees apply. This process is to ensure that National City Police and Fire services are aware of large events planned at Pepper Park and that proper review for public safety is conducted. Currently, San Diego Port staff and National City staff are working together to improve the application notification and review process for such events. rvices Division FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: The City has incurred $600 for the National City Fire Department Inspection fees. $ 400 for Canopies over 601 sgft and $200 for weekend required inspections. Total fees: $600.00 .ENVIRONMENTAL REVIEW: NIP ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: No waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A1 ATTACHMENTS: Unified Port of San Diego Permit Application for Mariachi Festival & Competition event. Letter from National City Chamber of Commerce requesting waiver of fees. National City Fire Department stipulations. City of National City Fire Department Phone (619) 336-4550 am KW TEMPORARY USE PERMIT - STIPULATIONS DATE: February 24, 2014 TO: Vianey Rivera, Neighborhood Services FROM: Robert Hernandez, Fire Marshal SUBJECT: Chamber of Commerce Mariachi Festival Date of Event: February 15, 2014 Total fee amount for all Fire Department permits is $600.00 dollars. Fee covers canopies and after hour inspection. Fees can only be waived by CitY Council Stipulations required by the Fire Department for this event are as follows: 1) Access to the street to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc 2) Fire Department access into and through canopy areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not Tess than 20 feet and an unobstructed vertical clearance of not Tess than 13 feet 6 inches 3) Fire Hydrants shall not be blocked or obstructed 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s) 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s) 6) Provide a 2A:10BC fire extinguisher at stage if stage is being used.. Extinguisher to be mounted in a visible location between 31/2` to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance 7) All cooking booths or areas to have one 2A:10BC. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. Please see attached example 9) If Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal 10) Internal combustion power sources that may be used for "Generator" shall be of adequate capacity to permit uninterrupted operation during normal operating hours 11) Internal combustion power sources shall be isolated from contact with .the public by either physical guards, fencing or an enclosure 12) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc 13) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($200.00) dollars 14) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only 15) If tents or canopies are used, the following information shall apply: • Tents having an area from 0-200 square feet shall be $200.00 • Tents having an area more than 201 square feet shall be $400.00 • Canopies having an area from 0-400 square feet shall be no charge • Canopies from 401-500 square feet shall be $250.00 • Canopies from 501-600 square feet shall be $300.00 Canopies from 601 squaie feet or greater shall be $400.00 • Multiple tents and or canopies placed together equaling or greater than the above stated information shall be charged accordingly • Tents shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Fees can only be waived by the City Council • A ten feet separation distance must be maintained between tents and canopies • A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Certificate of flame resistance shall be provided to the National City Fire Department prior to the event 16) First Aid will be provided by organization 18) Provide map of site area. Map to include placement of Fire Department requests 19) Fire Department Fees can only be waived by City Council THE CHAMBER February 20, 2014 Honorable Mayor and Council City of National City 1 243 National City Blvd. National City, CA 91950 To Whom it May Concern: National City Mariachi festival and competition National City Chamber of Commerce 901 National City Blvd. National City, CA, 91950 Business: (619) 477-9339 Fax: (619) 477-5018 Email: Reynoso@nationalcitychamber.org Website: www.nationalcitychamber.orq The National City Chamber of Commerce is honored to host the 2nd annual Mariachi Festival & Competition of Pepper Park on March 15, 2014. As part of our permit application to the Port of San Diego for use of Pepper Park and port facilities, the port requires that we obtain o fire permit from the City of National City. Based on our event set up, Fire Marshall Robert Hernandez has informed us that our total fees will be six hundred dollars ($600.00). We respectfully request a waiver of fees for this event by the City of National City. We are working hard to deliver a first rate event for the public to enjoy. Together, we are placing National City and the Cali -Baja region on the on the map as a regional destination for arts, culture, history, and family entertainment. Your continued and additional support helps us sustain a healthy and vibrant community for our residents to enjoy. ABOUT THE EVENT Through our partnership with the Mariachi Scholarship Foundation, Mariachi Juvenil de San Diego, and the University of San Diego (USD), we are offering mariachi students a comprehensive two day workshop that includes instruction by the renowned University of Texas Pan American (UTPA) Mariachi Aztlan. The workshop will be held on Thursday, March 13'h and Friday, March 14'h of 2014 at the USD campus in San Diego, CA. The two day workshop culminates to the National City Mariachi Festival and Competition on Saturday, March 15, 2014 at the beautiful Pepper Pork in National City, California set on San Diego's boyfront. The festival features free admission, merchant booths, mariachi and ballet folkldrico performances, live entertainment, on interactive children's area, food vendors, beer, wine and tequila tasting, arts & crafts, and music demonstrations. Furthermore, we are hosting a VIP sponsors only event on the evening of March 13'h at Olivewood Gardens & Learning Center to express our appreciation to our community partners and supporters. Our guests will be welcome by a private mariachi performance from Mariachi Viva Tecalitlan that we are flying in from Guadalajara, Mexico. The Mariachi Festival in National City celebrates art, culture, music, community building, and education on both sides of the U.S.-Mexico border. The Mariachi Festival is a bi-national event drawing in spectators and consumers from Mexico and the United States. Thank you for your consideration and support of our arts and culture programming. We appreciate your consideration of our request for a fire permit fee waiver. Sincerely, Jacqueline L. Reynoso President/ CEO National City Chamber of Commerce Pori 9y ,$a uI. e.r Public Park Large/Corporate Event Permit Application Introduction The Port of San Diego maintains over 250 acres of beautiful public recreational and open space areas along San Diego Bay. One of the Port's key objectives is to attract people to the bayfront to recreate and enjoy all that it has to offer, To that end, we welcome special events at our parks. Additionally, we are proud of t he outstanding condition i n which we maintain our parks, and sensitive to the needs of the communities surrounding them. This special event application contains important planning information for you, an d requests information from you, that will help you and the Port of San Di ego to ensure a successful special event that minimizes impacts on the park you use as well as the nearby residents and businesses. Permit Process The permit process begins with your requ est for park availability via our w ebsite http://cortofsandiego.org/recreation/apply-for-a-park-permit.html After you submit your request, you will be contacted with in three business days by a park permit staff member, who will request some basic information and, if a ppropriate, reserve an agreed upon park and date(s). Please note that this reservation does not constitute approval of your request. A Reservation may be made as early as 18 months in advance of your event date. The application and deposit must be received no later than 60 days prior to your event. If your application and deposit are not received by this deadline, the Port reserves the right to release the reservation. Upon receiving your applicati on, our park permitting staff will route it among applicable departments for review. If appropriate, we will schedule a site walk at the park to review your setup and other arrangem ents as well as our guidelines for conducting your event. Full payment of all fees must be made no later than 30 days prior to your event date. If your application and deposit are not received by this deadline, the Port reserves the right to release the reservation, When Port staff has received all of your fees a nd has reviewed, approved, signed and returned your application to you, your signed application will serve as your permit to use the park. NOTE: PLEASE ENSURE THAT YOUR PERMIT APPLICATION HAS BEEN APPROVED BEFORE PROMOTING YOUR EVENT. Please complete each item on the following pages, attaching additional sheets as necessary, and return to: Port of San Diego Attention: Park Permits P. O. Box 120488 San Diego, CA 92112-0488 (619) 686-6200 Faxed or e-mailed applications are not accepted. 5 Pc t cf San Ole So Use Only .,_ Event Date Public Park u„ifi,.,11,—, Large/Corporate Event Received „.."" Permit Application E-Mailed Applicant Information Applicant Name Jacqueline Reynoso Mailing Address (street It, city, state, zip code) 901 National City Blvd Organization (if applicable) National City, CA 91950 Day phone (w/area code) Cell phone (w/area code) Email Address reynoso@natioanalcitychamber.org Organization type (check 4 one) Private/Family Check any applicable description(s) Port tenant Tax-exempt X (501(c)3 required) Corporate Charitable School Government x Other; specify: Event Information Event Name Mariachi Festival and Competition Date March 15, 2014 Event Type (check d all applicable descriptions) Birthday Party Picnic _ Wedding Ceremony _ Wedding Reception Corporate Conf — Corporate Rece of p P ✓ Festival/Music Eve Company Picnic Car Show Team Building Event Other; specify: Park Cesar Chavez Park Chula Vista Bayfront Park Actual Event Hours: 10:00 am To: 6 ; 00 p m From: Chula Vista Bayside Park Chula Vista Marina View Park Setup/Assembly/Construction March S:OOam Date Time AM/PM Coronado Tidelands Park Embarcadero Marina North Embarcadero Marina South Dismantle/Completion Date March 15. 2014 Time s:3°Pm AM/PM Harbor Island Park 1 ✓ lPepper Park Shelter Island Park North, (Gazebo) Shelter Island Park Central, (Beach) Shelter Island Park South, (Bell) Attendance: 4,5CC Spanish Landing Park East, (CSP) Spanish Landing Park West, (Beath) Other: # Day 1 # Day 2 # Day 3 # Day 4 For multi- day events, provide attendance for each day. Additional Contact Information A contact person representing the applicant must must have authority over all elements of the event. On -Site Contact be immediately available, at the site during setup, event and breakdown. This person Professional Event Organizer Ofpplicable) Name Jacqueline L. Reynoso Organization National City Chamber of Commerce Cell Phone (wJarea code) (619) 890-6614 Caterer (if applicable) Name Organization Cell Phone (wJarea code) Port of San Diego Use Only BP # Transaction # Docs# Deposit $ Check/M.O. # Circle: Credit Card Cash Parking $ Check/M.O. # Circle: Credit Card Cash Event Fee$ Check/M.O. # Circle: Credit Card Cash t48003v16 Last update 10/28/2013 2of10 I lntfir 111'1„ S.4n 118.,” Public Park Large/Corporate Event Permit Application Event Set -Up Information & Guidelines Site Plan (Foot Print) In addition to the descriptions requested below, please attach a site plan depicting all of the items used in support of your event including seating and tables, food preparation areas, portable restrooms, dumpsters, booths, exhibits, displays, attractions; stages, platforms, flooring, vehicles, generators, fencing, tents, canopies and shelters. Standard Event Items Place a check next to each of the standard event items you will use below. Provide amounts and sizes of each. Item Amount(s) Size(s) Item Amount(s) Size(s) Tables 60 6 ft Generators 3 (2) 25kw (1) 45 KW Chairs 600 standard Portable Restrooms 10 ereg, 7AOA Sidewalk Access While the portion of the park green space to be used for the event may be temporarily fenced, at no time will public access sidewalks or promenades be blocked before, during or after public events. I acknowledge that I am aware of the Port of San Diego requirement to maintain all sidewalks and promenades open and after my event. Port staff has allowed use of parking lot at Pepper Park to accommodate for space required to host event. to public before, during J.R. Ap ijcant Initials Tents / Canopies / Shelters Describe any tents, canopies and shelters you will use for your event. Include types, heights, square footage and name company, if renting. Stakes are prohibited, weights are required. Dig Alert is required for generators with grounding 811at/east2daysbeforeyoureventorgotohttp://newtin.digalert.org for more information. Self contained are preferred. All booth spaces will use 10' x 10'. canopies. VIP and Beer garden will utilize 20' x 40' tents. Ail food vendors are required to utilize fire retardant tents. All exhibitors will be notified that stakes are prohibited and to use weights. I acknowledge that I am aware of the Port of San Diego requirement to avoid using tent stakes in the grass. of rental rods, Call generators J' R' Applicant Initials Fencing / Barricades Describe any fencing and barricades you will use as perimeters or barriers for your event. Include types, heights and lengths. Stakes are prohibited, weights are required. We will barricade both park entrances to prevent vehicles to enter or park within the festival grounds. Park entrances will be monitored by professional security. Emergency vehicles will have access at all times. approximate J.R. Applicant Initials Stages / Platforms / Flooring Describe any types of stages, platforms or flooring you will use for your event. Include types, heights, square footage and name of rental company, if renting. Stage rental from Kleege Specs to be SL250: 24' x 36' Dance floor to be approximately 20' x 20' rental site TBD Live or Recorded Entertainment / Amplified Sound Music entertainment may be amplified through a sound system but the sound levels must be acceptable to the surrounding community. A Harbor Police officer or other law enforcement representative who determines that noise from your event is excessive may require you to take corrective action including ceasing the use of amplified sound. Describe below the live or recorded entertainment you wilt provide and any other amplified sound you will use at your event. Mariachi Festival includes live singing groups comprised of 15. 20 musicians. Ballet Folklorico dancers will perform on dance floor to amplified music. 143003v16 Last update 10/28/2013 3 of 10 Public Park Large/Corporate Event Permit Application Attractions / Games / Other Entertainment or Services List and describe all entertainment attractions and special services you intend to provide. These include games, clowns, face painting, play jumps, massage area/service, etc. Note: Large or motorized rides or attractions such as Ferris wheels, climbing walls and throwing games, as well as fireworks and animal entertainment are prohibited in Port of San Diego parks. Note: If you intend to have a play jump, the play jump provider must have on file at the Port a certificate of insurance that names the Port of San Diego as an additional insured. Please include the name of the rental company providing your play jump(s). Clowns, face painters, art demonstrations, dance demos, and the exhibits listed below. Booths / Exhibits Describe any booths or exhibits you will have at your event. These include demonstration booths, tasting booths and exhibits. Food vendor, carnival games, exhibitor booths, arts and crafts, pony rides, petting zoo, beverage garden, and children's area. Food / Beverage Describe the types of food that will be served and/or prepared and the equipment that will be used, if cooking or warming food onsite, at your event. Diverse ethnic food served hot/cold fresh; each operator will provide their own equipment. All San Diego County Environmental Health ui.-In w'l Alcoholic Beverages Alcoholic beverages are not permitted at City of Coronado parks and beaches by Coronado Municipal Code, Sec. 90.28.010. This includes Port of San Diego parks located In Coronado, with the exception of private events held in Tidelands Park with the approval of the Coronado City Council as per its Municipal Code, Sec, 40.28.010. There are no exceptions for events occurring at Coronado Landing Park. Alcoholic beverages are allowed in all other Port of San Diego parks with a valid Port of San Diego event permit. If you intend to sell alcoholic beverages, or to sell tickets or request donations for admission to an event at which alcoholic beverages are served, an additional permit from the State Department of Alcoholic Beverage Control (ABC) is required. Please contact ABC at (619) 525-4064 or www.abc.ca.gov. If you intend to serve alcoholic beverages without charge, admission or other consideration, the following conditions must be met: • Designated areas for dispensing and consumption must be noted on the event site plan. Persons may not take alcoholic beverages from the designated area. • • For events greater than 500 in attendance, one licensed security staff person must be present for every 50 attendees. Security staff will prevent people from carrying alcoholic beverages outside the designated area. • Alcoholic beverages may only be served in distinctive paper, or plastic cups, plastic bottles or aluminum cans. No glass containers are permitted. Beverages may be poured from glass containers into cups by a designated server. • Kegs of beer are not allowed unless special permission is obtained from District staff, • All persons serving or otherwise dispensing alcoholic beverages must be at least 21 years of age. • Department of Alcoholic Beverage Control, Officers of the harbor Police Department, any authorized representative of the San Diego Unified Port District, or law enforcement personnel from any Port member city may summarily revoke the park permit if it is determined that the public welfare and morals are being impaired and/or a law enforcement problem is being created. X Will alcoholic beverages be served at your event: Yes No If yes, describe your plan in detail; There will be two dispensing points. 1) VIP tent: private and enclosed area of the park that will host approximately 100 guest. Four (4) security guards will be posted to verify valid ID and distribute wristbands. 2) Beer and wine garden: Enclosed area with posted security guards. Areas is only for 21 and over. Wristbands will be given at entrance. 148003v16 Last update 10/28/2013 4 of 10 I 1plt jCri ttn9. Public Park Large/Corporate Event Permit Application Pollution Prevention and Waste Removal Waste Removal All waste generated by your event must be removed from the park at conclusion of your event. Any dumpsters brought onsite must be removed as soon as possible. The Port requires that you implement Best Management Practices (BMP) to prevent pollutants from reaching the storm drains or bay. Required waste removal BMPs include the use of covered trash dumpsters and prompt trash removal upon completion of the event. Describe your plan for waste removal, including the providing of receptacles and dumpsters. Include number and size of dumpsters, if applicable, and the name of the company providing them. If necessary, please attach your plan to this application. EDCO Disposal is providing 50 trash event boxes and 30 recycle event boxes They are also providing 3 large roll off dumpsters. Event volunteers will periodically empty full trash can bags into dumpster throughout the event to prevent overflow, Dumpsters will be picked up on Sunday morning, and all trash bins will be collected on March 17, 2014. Storm drains will be covered to protect from trash and debris. "Chamber Requests Port General Services to regularly maintain bathrooms to keep them clean at all times I acknowledgement that am aware of the Port of San Diego requirements for BMPs to address waste removal. J.R. Applicants Initials Site Cleanup and Repair You are responsible for leaving the park and its contents in the exact condition in which you found them. To this end, please be aware of the following: Construction material cleanup: Al? materials from the construction of your event venue must be picked up and disposed of. This includes all nails, screws and other hardware. When left in the park, these items in particular constitute a hazard to public safety as well as to grounds maintenance equipment. It is your responsibility to inform all staff and subcontractors of this requirement. Inadequate cleanup or damage to the park: You are responsible for reimbursing the Port of San Diego for any additional cleanup that must be performed and for any damage to the park or its contents and facilities as a result of your event. The charges for inadequate cleanup and damage include, but are not limited to the following: Late removal of dumpsters -- $100.00 per day Turf/rut repair per 10 square feet - $1,000 Concrete Bollard (unlighted) replacement - $1,000 Concrete Bollard (lighted) replacement - $3,000 Concrete Drinking Fountain replacement - $3,000 Light Pole replacement - $3,000 Concrete side walk panel 6'x6'x6" replacement - $3,000 Sprinkler head replacement - $900 Sprinkler lateral replacement per 8' - $800 Power washing costs will be passed along to the permitee Labor rate for cleanup or other restoration - $85 per hour-- Weekends and non business hours are charged at time and a half I acknowledge that I am aware of my responsibility to dean up and restore my event venue to its pre -event condition. J. R. Applicant Initials Vehicles Large vehicles damage sidewalk pavement and valve covers and are more prone to collisions with trees, light poles, and drinking fountains. For these reasons, no vehicle larger than a one -ton pickup truck may be used in Port of San Diego parks (beyond parking lots) for event setup or breakdown or to support vendors or displays. I acknowledge that I am aware of the Port of San Diego requirement to utilize vehicles smaller than a one -ton pickup truck to support my event. Only turf vehicles are allowed on the grass. J.R. Applicant Initials 143003v16 Last update 10/2B/2013 S of 10 1/161j, i'urt Public Park Large/Corporate Event Permit Application Insurance Applicant shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless San Diego Unified Port District C'District") and its officers, employees, and agents for any and all liability, claims, judgments, damages, proceedings, orders, directives, costs, including reasonable attorneys' fees, or demands arising directly or indirectly out of the obligations undertaken in connection with this Permit, or Applicant's use, occupancy, possession or activities on the Premises, except claims or litigation arising through the sole negligence or willful misconduct of District. It is the intent of this Paragraph that Applicant indemnify and hold harmless District for any actions of Applicant or District, including duties that may be legally delegated by Applicant to third parties, except for those arising out of the sole negligence or willful misconduct of District. This indemnity obligation shall apply for the entire time that any third party can make a claim against or sue District for liabilities arising out of Applicant's use, occupancy, possession, or activities on the Premises, or arising from any defect in any part of the Premises. Applicant must provide certificate of insurance coverage naming the "San Diego Unified Port District" as an additional insured. Insurance coverage must be in force for the duration of the event, including setup through takedown days. The Port of San Diego requires a minimum of $1,000,000 for personal and bodily injury, one person and one occurrence; and a minimum of $1,000,000 coverage for property damage. The same organization named as the insured on the certificate of insurance should also be listed in the applicant blank on this permit application, In addition, the Port of San Diego must be identified by its full name -- Sari Diego Unified Port District —as the additional insured. Recycling The Port of San Diego strongly encourages the recycling of all cans, bottles and all other recyclable materials associated with events. The commercial providers of waste receptacles for your event have available receptacles that may be designated for recydables at your event. Site Walk Unless otherwise determined, all events meeting the following criteria will require a site walk with Port staff: s Events with projected attendance of over 500 people • Events with large items including stages, platforms and dance floors; and most events with live entertainment • Events with the potential to generate significant amounts of trash, waste or other pollutants, Smoking Prohibited As of December 5, 2006, smoking is prohibited on any Port of San Diego park or beach. No person shall dispose of any cigarette, cigar, or tobacco in any place where smoking is prohibited, except In a designated waste disposal container. Reservation of Locations A park permit grants permission for an event to be held in a Port of San Diego park on a non exclusive basis; however, a permit does not guarantee a specific location in any park. Park areas are available on a first -come, first -served basis, and it is up to the permitee to secure the space needed to hold the event. A permitee may designate event boundaries, as long as a representative is present at the site. Event boundaries may not block walkways, driveways or parking areas. Security Plan 146003v16 Last update 10/28/2013 6 cf 10 Il„il i�,l Puri ui..,.,, Public Park Large/Corporate Event Permit Application You are responsible for providing a safe and secure environment for your event. If you have hired a professional security company to develop and manage your event's security plan, provide the following information: Universal Protection Services Security Company: Address: Telephone: 1260 Moreno Blvd., San Diego, CA 92111 (Street) (619) 275-7000 (City) (State) (Zip) (Day) (Evening) (Cellular) (Fax) Private Security Operator License #: 82000003335 Describe your security plan including crowd control and venue safety, whether you are contracting private security or using in-house staff. Use the space provided or attach your plan to this application. Medical Services Plan You are responsible for providing appropriate medical services for your event. If you have hired a professional emergency medical services provider to develop and manage your event's medical plan, provide the following information: Medical Services Provider: America Medical Response 8808 Balboa Ave. Ste. 150, San Diego, CA 92123-1506 Address: Telephone: (Street) (858) 492-3500 (City) (State) (Zip) (Day) (Evening) (Cellular) (Fax) Describe your medical plan including the number, certification levels (MD, RN, Paramedic, EMT) and types of resources that will be at your event and manner in which they will be managed and deployed. If necessary, please attach your plan to this application. Parking &Traffic Control Any organizer planning to conduct an event with expected attendance of five hundred (500) or more persons will be required to provide an off site parking locations and/or shuttle service plan and traffic control personnel for the event. Reserving Parking Spaces: Parking spaces may be requested in Embarcadero Marina Parks North & South only. Spaces may be purchased at a cost of $10 per space, per day. Unless you have reserved parking spaces during your event, the entire parking lot will remain open for public access. If your event is scheduled for the Embarcadero Marina Park North, you must inform the Seaport Village Management Office (619) 235-4014 of your parking and traffic management plan. Because the parking spaces must be available to users of the Embarcadero Marina Park South public fishing pier, the parking lot cannot be used exclusively for a special event. Fishermen, employees, agents or vendors must have unimpeded access to the public fishing pier and the bait & tackle shop at all times. A Traffic Enforcement Officer must be notified at least fourteen (14) days in advance of your event in order to post advisory signs or barricades in the parking lot, and payment must be included with your permit fee. Call (619) 686-8176 to coordinate your parking plans. List the date(s) and number of spaces that you will need parking; Dates requested: March 15, 2014 Number of spaces: Entire Parking Lot Meter Numbers (if applicable) Free shuttle Services cult be provides between the 24th St. Trolley Station and Pepper Park. $10 Parking fee will be charged to park in Pasha or Pier 32 Parking lot. Park Permit Fees 1980031:16 Last update 10/28/2013 1/ 7 of 10 '.,,, a •,.., Public Park Large/Corporate Event Permit Application Effective 5/01/2010 Event Type Attendance Fee Type of Fee All events 1-100 $35 Flat fee Corporate events 101-250 $500 Hat fee Setup & breakdown days $300 Flat fee Private & non-profit event 101-250 $300 Flat fee Setup & breakdown days $200 Flat fee Corporate events 251+ $3.50 Per person Setup & breakdown days $500 Flat fee Private & non-profit event 251+ $2,10 Per person Setup & breakdown days $300 Flat fee Car shows $5 Per car Moving events that use park walkways** 2 500 $1.00 ($1000 maximum) Per person ** Events such as runs or walks that may not have actual use of a park, but will prevent access or egress, rendering it unusable. Security Deposits Security Deposits are based on the type of activity that the park will be used for. Special Set Up / Concerts Minimum of $5,000 Reception • Minimum of $1,500 Car Shows Minimum of $1,500 Tent or large canopy Yes Tables and seating Tables and seating Stage Yes May be catered on site, but without extensive food preparation May be catered on site, but without extensive food preparation Dance floor Yes No items listed in Special Set Up / Concert category No items listed in Special Set Up / Concert category Extensive food preparation area Tables and seating Tables and seating Heavy or large struc tures for decoration or entertainment (Note: some items m ay not be allowed on grass areas) May be c atered on site, but without extensive food preparation May be catered on site, but without extensive food preparation No items listed in Special Set Up / Concert category No items listed in Special Set Up / Concert category 148003v16 Last update 10/28/2013 8of10 Unil i. I'., -I Date of Event lfaf,h 15. 201, Public Park Large/Corporate Event Permit Application Name of Client fiaikMai city Chamber w Commerce Date Fetro1ry5. 2014 If you are planning an event with less than 500 in attendance, a site walk may not be required. Please read and initial the checklist below, as these policies apply to all events. Pre -Event Site Walk Checklist (Initials) 1. j. R All equipment and items pertaining to this even are specified in the application and/or site plan. No unspecified equipment or items are allowed in the park. 2. J,R. For events larger than 500 attendees, a detailed writtenplan and traffic plan is required. 3. i.R. _parking This event will / will not reserve parking (Embarcadero Parks only). Reserved Parking for VIPGuesrs . R Vehicles allowed on property must be pickup's lighter than 1 ton, pickup's with only single rear tires. Only turf vehicles are allowed on the grass. Violations will result in citations or fines. , J ID The use of large or motorized attractions (such as Ferris wheels), climbing walls, throwing games and dunk tanks is prohibited in the parks and parking lots. Fireworks and animals are prohibited. 6. J . R. The use of tent stakes to secure tents is prohibited. Tent stakes damage irrigation lines. Tents will be secured with weights, Dig Alert is required for generators with grounding rods, call 811 at least 2 days before your event or go tohttp://newtin.digalert.org . Port Staff will advise applicant when needed on other instances based on event set up. . R The permitee shall ensure that all hardware, nuts, bolts, zip ties, bottle caps, trash and litter associated with this event are picked up and removed from the park. 8. J•R• Trash dumpsters may leak into an adjacent storm drains and result in an environmental violation. The permitee will take every precaution to prevent and contain any leakage, to include but not limited to, placing berms around dumpsters, placing protective materials and berms over storm drains, and keeping a spill kit on site. The event organizer shall immediately address and mitigate all spills and leaks. Deposit hot coals in proper containers. 9. J , R, The permitee shall ensure ail residual cooking grease and oil are removed.from the site and disposed of properly (not placed in site trash dumpsters). Absorbent pads will be placed under all cooking vessels. The permitee shall ensure that no grease and oil run onto the landscape, hardscape, sidewalks, parking lots and roads. 10. R While a portion of the park green space may be temporarily fenced for the event, at no time will the event block pedestrian or emergency vehicle access to park sidewalks and promenades. 11. • R• The permitee is responsible for obtaining all appropriate permits including but not limited to health department , alcoholic beverage, fire marshal and Marine events. Fire Marshal Permit If your event is fenced and you have 49 or more in attendance contact the Fire Marshal of your city to determine if a permit is required in addition to your Port of San Diego park event permit. Permits for Food Vendors The San Diego County Environmental Health Services Department issues permits for food vendors at special events. If your event includes food vendors, contact them at (619) 338-2363. Marine Permit If this permit request involves any type of water activities, a separate permit from the United States Coast Guard may be required. Please contact the United States Coast Guard, Sector San Diego's Marine Events Permitting office at 619-278-7261 or 278-7233. 12. J , R. Amplified music is allowed if sound levels do not pose a nuisance to other park users or the surrounding community. A Harbor Police Officer, District representative or law enforcement representative who determines the noise Is excessive may require corrective action. 13. dR. The District will not provide potable water, electricity or generators to support any event. 14. J R Request sprinklers be turned off (dates): Turn Off March 14-March 16 To protect landscape areas, ensure the off times are minimized. 15. J , R. If the event impacts Port tenants by pedestrian and/or vehicular traffic, the permitee shall deliver a District approved notification letter to all applicable tenants at least two weeks before the event date. 16, R The permitee will ensure: Alt event staff, contractors, sub -contractors and their staff members will be informed of and comply with these regulations. 17, 1 R> A post -event site walk was conducted on apa 28. 2013 (date) by Sok. 3ayardo (Port staff). Park was / was not left in satisfactory condition following event. If unsatisfactory, permitee was contacted an VN,S sn'sracto y (date). If unsatisfactory, an itemized list of damages and repair costs will be attached to this permit and a copy sent to permitee. F18003v16 Last update 10/28/2013 9of10 ",1111)il Public Park Large/Corporate Event Permit Application Terms and Conditions for Park Permit Applicants Use of a San Diego Unified Port District park is subject to the following terms and conditions: 1. Applicant shall comply with all applicable laws, rules, regulations and requirements of the Port District and other governmental entities. 2. All or any portion of the refundable security deposit (if applicable) shall be available unconditionally to the Port for the purpose of cleaning or repairing damages to the property upon termination of this permit. 3. Either party may cancel this permit by giving twenty-four (24) hours notice to the other party. In the event of an emergency, such cancellation shall be without liability of any nature. Applicant is subject to a cancellation fee of $3S if applicant provides less than sixty days written notice to the District of cancellation of a scheduled event. 4. This permit shall not be transferred or assigned. 5. Applicant shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless San Diego Unified Port District ("District") and its officers, employees, and agents for any and all liability, claims, judgments, damages, proceedings, orders, directives, costs, induding reasonable attorneys' fees, or demands arising directly or indirectly out of the obligations undertaken in connection with this Permit, or Applicant's use, occupancy, possession or activities on the Premises, except claims or litigation arising through the sole negligence or willful misconduct of District. It is the intent of this Paragraph that Applicant indemnify and hold harmless Distrid for any actions of Applicant or District, including duties that may be legally delegated by Applicant to third parties, except for those arising out of the sole negligence or willful misconduct of District. This indemnity obligation shall apply for the entire time that any third party can make a claim against or sue District for liabilities arising out of Applicant's use, occupancy, possession, or activities on the Premises, or arising from any defect in any part of the Premises. 6. Applicant must provide certificate of insurance coverage naming the "San Diego Unified Port District" as an additional insured. Insurance coverage must be in force for the duration of the event, including setup through takedown days. The Port of San Diego requires a minimum of $1,000,000 for personal and bodily injury, one person and one occurrence; and a minimum of $1,000,000 coverage for property damage. The same organization named as the insured on the certificate of insurance should also be listed in the applicant blank on this permit application. In addition, the Port of San Diego must be identified by its full name — San Diego Unified Port District —as the additional insured. 7. The rights and privileges extended by this permit are non-exclusive. 8. Applicant shall not engage in any activity on Port District property other than the activity for which this permit is expressly issued. 9. In the event of failure of the Applicant to comply with any provision of this permit, this permit may, at the discretion of the Port District or its authorized representatives, be terminated immediately. I certify that the information contained my permit application is true and correct to the best of my knowledge. I understand and agree to abide by the rules and regulations governing the proposed special event under the San Diego Unified Port District Code. Name of Applicant (PRINT) Jacqueline Reynoso Title: President/ CEO Signature of Applicant: Date: February 5, 2014 U ` Attachments provided (Applicant check all that apply): Site Plan x Pollution Prevention Plan X Waste Removal Plan X Security Plan X Medical Services Plan x Parking & Traffic Control Plan x Insurance certificate X Evidence of non profit status x fees a° Deposit Submit the entire application (all pages, attachments and fees) to: Port of San Diego Park Permits, P.O. Box 120488, San Diego, CA 92112-0488 Faxed or emailed applications will not be accepted, Port of San Diego Approval Phone: (619) 686-6200 Name Signature: SDUPD Park Park Permit Coordinator Date: 118003v16 Last update 10/28/2013 10or10 NCCHAMII OP ID: MM J`-1"�m__-CERTIFICATE OF LIABILITY INSURANCE DATEIG1i�1714 01/22714 YY) THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLOER. 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 endorsemenl(st. PRODUCER 858.452-2200 Wateridge Insurance Services 858-452-&004 10717 Sorrento Valley Rd. San Diego, CA 92121 R.B. Guy Insurance Agency,Inc. j,pj1EpCT Melissa Marquez PHONE FAX roc No Fall' (AJc No): ADDRESS, mmarquez@veateridge.com INSURERiSLAFFOROIHG COVERAGE NAIC It UISUR ER A: Assurance Company of America 19305 INSURED National City C ham ber of Commerce 901 National City Boulevard National City, CA 91950 INSURER R: INSURER C; INSURER O: _ INSURER E. RISCRUF • '—'---''--"—' ncv IQ IVIY IVusir nC II: 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 REOUCED 8Y PAID CLAIMS. INSR LTR TYPE OF INSURANCE AWL eisP SUeR vivo POLICY NUMBER POLICY EFF IM;.VOO,YYY1 POLICY EXP IMMIDDNYYYI LIMITS GENERAL LIABILITY �,,� EACH OCCURRENCE s 2,000,000 A XXICO?A1dERC1ALGENERAL uABlur! X X PAS38912516 - 09/22/13 09/22/14 FRE".+.ISEESIGo„7rO,.„,4 2,000,000 CLAIMS -MADE I X) OCCUR I.IEO EXP 5 10,000 (Anyone person) PERS071AL L ADV RIJURY S 5 2,000,000 GENERAL AGGREGATE 4,000,000 GENII. AGGREGATE LIMIT APPLIES PER' lPRO- PRODUCTS -COttPA7P AGG 5 5 4,000,000 X I POLICY I 1101— I 1 LOC s AUTOltO81LE LABILITY COMBINED SINGLE LIMIT (Ea accident) 1,000,000 A ANY AUTO ALL OWNED SCHEDULED PAS38912516 09/22/13 09/22/14 BODILY INJURY(PerpenenJ 5 A AUTOS AUTOSEDGILY NON INJURY (Per accident) 5 X HIRED AUTOS -OWNED AUTOS PROPERTY DAMAGE Per acc,dentl 5 5 UMBRELLA LIAO OCCUR EACH OCCURRENCE 5 EXCESS LIAR CLAILIGNACE AGGREGATE 5 OED 1 1 RETENTION 5 S WORKERSCOMPENSATIOr! ANDEMPLOYERS' LUBILITY Ylt! 1 WC STATU- OTH- I TORY LIMITS ER ANY PROPRIETOR+PARTNERIEXECUTVE OFFICER/MEMBER ELCLUDED7 ❑ ill A EL. EACH ACGDEtn S (Mandatary in HH) If yes, describe under E.L DISEASE • EA EMPLOYE 5 DESCRIPTION OF OPERATORS teov, EL. DISEASE - POLICY LIMIT 5 0ESCR(P71014 OF OPERATIONS; LOCATIONS !VEHICLES Attach ACORD 101 Additional Remarks Seked u 0 re sace is required) THE CERTIFICATE HOLDER IS ADDITIONAL INSURED WITH RESPECTS TO GERmGENERAL LIABILITY PER ATTACHED -PRIMARY & GL WAIVER APPLY. RE: INSURED'S OPERATIONS PERFORMED UNDER WRITTEN CONTRACT CANCELLATION SDUPD01 SAN DIEGO UNIFIED PORT DISTRICT C/O EBIX BPO PO BOX 12010-3 IHEMET, CA92546 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL 8E DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTTHHORII2ED RREEPR�EESEN TATIIVEE O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo a e registered marks of ACORD National City Chamber of Commerce Policy #PAS38912516 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (PRIMARY INSURANCE) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: San Diego Unified Port District c/o Ebix BPO PO Box 12010-3 Hemet CA, 92546 (If no entry appears above, information required to cornplete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section It) 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 insured. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance available to the person or organization shown in the Schedule unless the other insurance is provided by a person or organization other than you for the same operation and job location. Then we will share with that other insurance by the method described in paragraph 5.c. of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV). Paragraph 2_e_ of WHO IS AN INSURED (Section II) does not apply to the person or organization shown in the Schedule. 9S2313 Ed. 4-02 includes copyrighted material of the Insurance Services Office, Inc., with its permission. National City Chamber of Commerce Policy #PAS38912516 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ. IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: San Diego Unified Port District c/o Ebix BPO PO Box 12010-3 Hemet CA, 92546 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the foilowing: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG21oa1093 Cop;r,Jm, I,is_renv SerAdS Oinc Inc, 1592 Inter-nat Revenue Service Department of the Treasury District Director NATIONAL CITY CHAMBER OF COiR1ERCE 711 A AVENUE NATIONAL CITY, CA 91950-2228 Dear Taxpayer: 300 N. Los Angeles Street, MS 7043 Los Angeles, CA 90012 Person to Contact: L BARRAGAN Telephone Number. (213) 894-2336 Refer Reply to: EO(0406)98 Date: APRIL 14, 1998 EIN: 95-1038185 This letter is in. response to your request for a copy of the determination letter for the above named organization. Our records indicate that this organization was recognized to be exempt from Federal income tax in MARCH 1949 as described in Internal Revenue code Section 501(c)(06). The exempt status for the determination letter issued in HARCH 1949 continues to be in effect. If you need further assistance, please contact our office at the above address or telephone number. Sincerely, Disclosure Assistant STATE OF CALIFORNA FRANCHISE TAX BOARD PO 80X 1286 RANCHO CORDOVA CA 95741.1286 /EbEER 24,1999 THE rtaTICNAL crrr 0-01s1BER OF GlalvEER FCCNDATICN 711 "A" AVEMJE NATICriAL CITY, Ca 919_E« -2228 Purpose Code Section Form of Organization Accounting Period Ending Organization Number CHARITABLE 23701d c ATICN DFrFi48J2 31 In reply refer to: tA355:PSI:RT 755 You are exempt from franchise or income tax under the section of the Revenue and Taxation Code shown above. We are basing this decision on information you submitted and the assumption that your present operations continue unchanged or conform to those proposed in your application. You must report any change in operation, character, or purpose of the organization immediately to this office so that we may determine the effect on your exempt status. Any change in name or address must also be reported. If changes occur in any of the following areas, this decision may no longer be applicable: • A change in relevant statutory, administrative, or judicial case law, • A change in federal interpretation of federal law in cases where our decision was based on such interpretation, or • A change in material facts or circumstances relating to your application. It is your responsibility to be aware of these changes should they occur. This paragraph constitutes written advice within the meaning of Revenue and Taxation Code Section 21012(a)(2). You may be required to file Form 199 (Exempt Organization information Return) on or before the 151" day of the 5`" month (4Y- months) after the close of your accounting period. See Form 199 instructions for requirements. You are not required to file state franchise or income tax returns unless you have income subject to the unrelated business income tax under Section 23731 of the Revenue and Taxation code. In this event, you are required to file Form 109 (Exempt Organization Business Income Tax Return) by the 151" day of the 5th month (414 months) after the close of your annual accounting period. If the organization is incorporating, this determination will expire unless incorporation is completed with the Secretary of State within 60 days from the date of this letter. If you wish exemption from federal income taxes, or other federal or state taxes, you must apply separately to those agencies for that exemption. This exemption is granted on the express condition that you will secure federal exempt status from the Internal Revenue Service and furnish a copy of the final determination letter to this office within nine months from the date of this letter. Exempt Organization Section Telephone (916) 845-4171 cc: Secretary of State Registry of Charitable Trusts F rD 4 205 (REV 5-1M) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 4, 2014 AGENDA ITEM NO. 18 ITEM TITLE: 'Staff Report — Follow up report to the City Council regarding "Deemed Approved" Ordinances for existing retail alcohol outless. PREPARED BY: MartinI eeer, AICP PHONE: 1336-4313 1 CYDI ANATIl1N• DEPARTMENT: Plan APPROVED BY. Staff was directed to report back to the Council regarding the City of Rohne : _ ) on their fee -based Alcohol Beverage Service Ordinance, designed to reduce the cost of monitoring alcohol establishments that disproportionately contribute to alcohol -related harm. This type of Ordinance is considered a "Deemed Approved" Ordinance, where existing non -conforming alcohol licenses are subsequently considered approved, provided that they comply with stated performance standards. If they violate they can have their selling privileges revoked. The key part is that a fee is collected that is used to regulate and inspect businesses. It should be noted that any such Ordinance would be applicable to all purveyors of alcohol beverages, including restaurants, bars, and markets/liquor stores. The fee would also likely become a condition of approval on new CUP's and could be added to the Council's existing Alcohol Policy. Generally speaking, a Deemed Approved Ordinance holds all outlets accountable to the same standard and levels the playing field. However, it is unknown if current staff levels are adequate in being able to take on the task of the monitoring duties. In order to pursue such an Ordinance, baseline data would need to be compiled by staff in order to determine the effectiveness and viability of such a program in National City, which could take some time. As a note, the city of El Cajon has recently been pursuing a Deemed Approved Ordinance, as has the city of Encinitas, which is currently in the process of conducting hearings. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: 1 Finance MIS STAFF RECOMMENDATION: Accept and file the report BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. City of Rohnert Park "Fee -based Alcohol Beverage Service Ordinance" 2. League of California Cities Report: "Liquor Stores, Bars and Nightclubs: Conditional Use Permits and Best Practices for Regulating Alcohol Sales" 3. City of Oakland Deemed Approved Ordinance Attachment 1 Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2"d & 4th Tuesdays of each month: • Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney via email for review and approval as to form DUE no later than NOON Three (3) Mondays prior to Council meeting date • Agenda items to City Manager via email for his review and responding "email authorization", synchronized with above timeframe of Assistant City Attorney review, and an email copy to the City Clerk for drafting agendas • Agenda Items with attachments via email and a total of twenty (20) complete hard copy sets with 2 sets single -sided & 18 sets double-sided/stapled to City Clerk DUE no later than NOON Two (2) Fridays prior to Council meeting date • Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday morning One (1) week prior to Council meeting date • Agenda Packets distributed to City Council and Agendas posted/distributed/mailed on Thursday afternoon One (1) week prior to Council meeting date in compliance with Rohnert Park Municipal Code Section 2.08.020 and related Resolution No. 2008-173 {This section for City Clerk Use Only} 11/22/11 City Council Agenda ITEM NO. 10 ORDINANCE NO 841 (Introduction) Meeting Date: Department: Submitted By: Submittal Date: CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT November 22, 2011 Public Safety Brian Masterson, Director November 16, 2011 Agenda Title: USE PERMITS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS REOUESTED COUNCIL ACTION: 1. Introduce Ordinance No. 841 which amends sections 8.34.040 and 8.34.060 of Rohnert Park Municipal Code Chapter 8.34. 2. Repeal Rohnert Park Municipal Code Section 17.07.020(R) as it conflicts with Chapter 8.34. SUMMARY: In 2007, the City Council adopted Ordinance 780 adding Chapter 8.34, Use Permits for Alcoholic Beverage Establishments, to the Rohnert Park Municipal Code. The ordinance required each owner or licensee of an alcohol establishment to secure a use permit to lawfully engage in the sale of alcoholic beverages in the City. The permit, obtained for a fee based on hours of operation, volume of sales, and calls for service, required establishments to comply with operational standards and training requirements set forth in the ordinance. The annual fee provides the revenue necessary to fund the costs incurred by the Department of Public Safety to monitor compliance, enforce the conditions of the permit, and implement a training program to promote responsible policies and practices. A recent review of Rohnert Park Municipal Code (RPMC) Chapter 8.34 (specifically sections 8.34.040 and 8.34.060), RPMC section 17.07.020(R), and the relationship of commercial property in the City to certain sensitive uses and other alcoholic beverage establishments brought forth a potential conflict. Presently, sections 8.34.040 and 8.34.060 forbid off -sale establishments (mini marts, liquor and grocery stores, etc.) from conducting business within 1,000 feet of any existing schools, places of worship, hospitals, parks, playgrounds or other alcoholic beverage establishments of eleven thousand square feet or less in size. The same restrictions apply to specific on -sale establishments (ABC license types 40, 42, and P1 48 (21 and over, bars and nightclubs)). All other on -sale establishments (restaurants) have no distance restrictions. The department presented the following for council consideration on November 8th, 2011: The department's recommendation is to change the "1,000 feet" restriction in Chapter 8.34 to "500 feet" for off -sale businesses only. The department is not considering changing the current 1000 ft. restriction for specific on -sale establishments (bars and nightclubs (ABC license types 40, 42, and 48)). This distancing requirement is more appropriate given the distribution of sensitive uses and alcohol establishments in the City. The department is also recommending that "places of worship" be removed from the list of sensitive uses since they may be located in commercial spaces in light of the City's Zone Code and federal laws such as the Religious Land Use and Institutionalized Persons Act (RLUIPA). To further delineate between types of off -sale establishments, the department is recommending language be added to Section D of 8.34.040 and Section C of 8.34.060 pertaining only to off sale establishments eleven thousand feet or less in size. For example, this change would permit a grocery store, greater than eleven thousand square feet in size, to occupy property within 500 feet of another off sale or an on -sale establishment. Additionally, section 8.34.060 (Action on Application) has been amended to allow the Director of Public Safety and/or his designee to use discretion in granting alcohol use permits based on particular consideration of the peace, order and moral welfare of the public. Specifically, rather than requiring that all five findings be made prior to permit issuance as required by section 8.34.060, under the amended code the Director must consider those factors but will have the discretion to issue a permit even where not all five findings can be made if the factual circumstances warrant it. For example, this flexibility would allow the Director to take into account that two establishments are technically within 500 feet of one another but are physically separated (such as by the highway), in deciding whether to issue a permit. The designee is a ranking officer (sergeant or lieutenant) who oversees alcoholic beverage establishment compliance. The designee will forward his/her recommendations to the director who will make a decision on issuance of the alcohol use permit. In order to eliminate the potential conflict with the remainder of the RPMC, the department recommends that Section 17.07.020(R) be deleted in its entirety. As a result, the distancing requirements for these establishments will be contained in a single location in the code at Chapter 8.34. The department is asking Council to: grant the Director the discretion to consider alcohol permit issuance based on conditions outlined above; amend Chapter 8.34 of RPMC (Sections 8.34.040 and 8.34.060) to reflect the off -sale change in distance from "1,000 feet" to "500 feet," as well as the addition of language referencing specifically off -sale establishments "eleven thousand square feet or less in size," and the removal of places of worship from the list of sensitive uses; and repeal RPMC Section 17.07.020(R) to avoid conflicting conditions. Attachments: Ordinance No. 841 Chapter 8.34 with recommended changes and additions in legislative notation. CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney CITY MANAGER'S RECOMMENDATION: () Consent Item (X) Regular Item (X) Approval ( ) Public Hearing Required ( ) Not Recommended ( ) Submitted with Comment ( ) Policy Determination by Council ( ) City Comments: Per City Manager's review and direction for distribution of this agenda item. (Revised 031309) 7H:TG-S:05-b P2 ORDINANCE NO. 841 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING SECTIONS 8.34.040 ("APPLICATION FOR USE PERMIT --FORM AND CONTENT") AND 8.34.060 ("ACTION ON APPLICATION FOR A USE PERMIT") OF CHAPTER 8.34 ("USE PERMITS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS") AND REPEALING SECTION 17.07.020(R) OF THE ROHNERT PARK MUNICIPAL CODE WHEREAS, on May 8, 2007, the City Council adopted Ordinance No. 780, adding Chapter 8.34, Use Permits for Alcoholic Beverage Establishments, to the Rohnert Park Municipal Code (RPMC); WHEREAS, RPMC Chapter 8.34 requires each owner or licensee of an alcohol establishment to secure a use permit to lawfully engage in the sale of alcoholic beverages in the City; WHEREAS, RPMC Sections 8.34.040 and 8.34.060 prohibit off -sale alcohol establishments from conducting business within 1,000 feet of any existing schools, places of worship, hospitals, parks, playgrounds or other alcoholic beverage establishments of 11,000 square feet or less in size; WHEREAS, the 1,000-foot restriction set forth in Chapter 8.34 conflicts with RPMC Section 17.07.020, which prohibits alcohol licensed establishments from operating within 500 feet of the above -mentioned locations; WHEREAS, the current 1,000-foot restriction may also restrict off -sale alcohol establishments from occupying vacant commercial property, which could have an effect on economic growth; and WHEREAS, granting the Director of Public Safety and/or his designee the latitude to approve or deny permits based on particular consideration of the peace, order and moral welfare of the public will be beneficial during the permit application review process. NOW, THEREFORE, the City Council of the City of Rohnert Park does ordain as follows: SECTION 1. Subsection D of Section 8.24.040 of the Rohnert Park Municipal Code is amended to read as follows: "For off -sale establishments eleven thousand square feet or less in size, a verification that the establishment is not located within five hundred feet of any existing schools, places of worship, hospitals, parks, playgrounds or other off -sale alcoholic beverage establishments of eleven thousand square feet or less in size; and" SECTION 2. 8.24.060 of the Rohnert Park Municipal Code is amended in its entirety to read as follows: "8.34.060 - Action on application for a use permit. The director of public safety will consider each complete application for a use permit 1 P3 required by this chapter within thirty business days of submittal, and may consider the following prior to making a decision whether to issue the permit. A. The proposed alcoholic beverage establishment is located in a zoning district in which the establishment is a permitted use; B. The proposed establishment will not contribute to an undue concentration of alcohol establishments in the area as defined by Business and Professions Code Section 23958.4(a) or is an establishment for whom the city has made a finding of public convenience or necessity; C. The proposed off -sale establishment is eleven thousand square feet or less in size and is not located within five hundred feet of any existing schools, hospitals, parks, playgrounds or other off -sale alcoholic beverage establishments of eleven thousand square feet or less in size; D. The proposed on -sale establishment with either ABC license type 40, 42 or 48 (bars, nightclubs), a verification that the establishment is not located within one thousand feet of any existing schools, places of worship, hospitals, parks, playgrounds or other alcoholic beverage establishment with ABC license type 40, 42 or 48; E. The proposed establishment is not located in a high -crime area as defined in Business and Professions Code Section 23958.5(a), or where a disproportionate number of police service calls occur." SECTION 3: Subsection R of section 17.07.020 of the Rohnert Park Municipal Code is hereby repealed. All other subsections of section 17.07.020 shall retain their existing lettering. SECTION 4: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more of the sections subsections, sentences, clauses or phrases may be declared unconstitutional. SECTION 5: Effective Date. This ordinance shall be in full force and effective thirty (30) days from and after its adoption and shall be published and posted as required by law. This ordinance was introduced on the 22nd day of November, 2011, and was DULY AND REGULARLY ADOPTED this day of , 2011, by the following roll call vote: AYES: NOES: ABSENT: AB STAIN: 2 P4 CITY OF ROHNERT PARK Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 3 P5 Chapter 8.34 USE PERMITS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS Sections: 8.34.010 Definitions. 8.34.020 Administration. 8.34.030 Use permit required for new or modified alcoholic beverage establishments. 8.34.040 Application for use permit --Form and content. 8.34.050 Application for use permit --Application fees. 8.34.060 Action on application for a use permit. 8.34.070 Conditions of approval. 8.34.080 Appeals from a determination on an application for use permit. 8.34.090 Posting of conditions of approval. 8.34.100 Existing uses deemed approved. 8.34.110 Notification to owners. 8.34.120 Posting of operational standards by deemed approved establishments. 8.34.130 Operational standards for all alcoholic beverage establishments. 8.34.140 Training requirements for all alcoholic beverage establishments. 8.34.150 Annual permit fees. 8.34.160 Billing and payment. 8.34.170 Administrative review of fee. 8.34.180 Establishment of alcohol permit fee account. 8.34.190 Report of expenditure of fees to be collected. 8.34.200 Violations. 8.34.210 Penalties. 8.34.220 Inspections. 8.34.230 Preliminary notice of violation and hearing. 8.34.010 Definitions. As used in this chapter: "Alcoholic beverage" means any beverage fit for consumption which contains one-half of one percent or more of alcohol by volume. "Alcoholic Beverage Control (ABC)" means the California Department of Alcoholic Beverage Control. "Alcoholic beverage establishment" means any off -sale or on -sale alcoholic beverage establishment. "Alcoholic beverage establishment, off -sale" means any business where alcoholic beverages are sold for consumption off of the establishment's premises including, but not limited to, any business that has obtained or intends to obtain an ABC license type 20 or 21. "Alcoholic beverage establishment, on -sale" means any business where alcoholic beverages are 1 P6 sold or served for consumption on the premises and which is applying for or has obtained an ABC license type 40, 41, 42, 47, 48, 51, 52, 61, 63 and/or 75. "City manager" means the city manager or his or her designee. "Deemed approved establishment" means any licensed, legal nonconforming alcoholic beverage establishment in existence and lawfully operating in the city immediately prior to the effective date of the ordinance codified in this chapter. "Director of administrative services" means the director of administrative services or his or her designee. "Director of public safety" means the director of public safety or his or her designee. "Enforcement officer" means the city of Rohnert Park director of public safety or his or her designee. "Licensee" means any person or business licensed by the State of California Department of Alcoholic Beverage Control actively conducting retail alcohol sales. In any case where a person or business maintains duplicate licenses or catering licenses at a location, such person or business shall be deemed a single "Licensee." 8.34.020 Administration. The director of public safety is responsible for issuing the use permits required by this chapter, and for carrying out such other responsibilities contained in this chapter. The director of public safety is also responsible for monitoring compliance by the owners, operators and employees of an alcoholic beverage establishment with conditions imposed on any use permit issued pursuant to the provisions of this chapter, including deemed approved uses, and for initiating appropriate enforcement action in the event of noncompliance. The director of administrative services is responsible for collecting all annual permit fees imposed pursuant to the provisions of this chapter. 8.34.030 Use permit required for new or modified alcoholic beverage establishments. Except as otherwise provided in this chapter, no person shall establish a new on -sale or off -sale licensed alcoholic beverage establishment or substantially modify an existing alcoholic beverage establishment without first obtaining a use permit in the manner provided by this chapter. 8.34.040 Application for use permit --Form and content. An application for a use permit required by this chapter must be in the form prescribed by the director of public safety and shall contain all of the following information: A. The address of the establishment selling alcoholic beverages; 2 P7 B. The type of ABC license the applicant is seeking for the alcoholic beverage establishment; C. The true and complete name and address of each lender or share holder with a five percent or more financial interest in the proposed business or any other person to whom a share or percentage of the income of the establishment is to be paid; D. For off -sale establishments eleven thousand square feet or less in size, a verification that the establishment is not located within enetheusandfive hundred feet of any existing schools, places of worship, hospitals, parks, playgrounds or other off -sale alcoholic beverage establishments of eleven thousand square feet or less in size; and E. For on -sale establishments with ABC license types 40, 42 and 48 (bars, nightclubs), a verification that the establishment is not located within one thousand feet of any existing schools, places of worship, hospitals, parks, playgrounds or other alcoholic beverage establishments with ABC license type 40, 42 or 48. 8.34.050 Application for use permit --Application fees. An application for a use permit required by this chapter shall be accompanied by an application fee in an amount established by resolution of the city council, based on the estimated costs of reviewing and acting on such applications and compliance monitoring and public education. 8.34.060 Action on application for a use permit. The director of public safety will consider each complete application for a use permit required by this chapter within thirty business days of submittal, and may consider the following prior to making a decision whether to issue the permit findings. A. The proposed alcoholic beverage establishment is located in a zoning district in which the establishment is a permitted use; B. The proposed establishment will not contribute to an undue concentration of alcohol establishments in the area as defined by Business and Professions Code Section 23958.4(a) or is an establishment for whom the city has made a finding of public convenience or necessity; C. The proposed off -sale establishment is eleven thousand square feet or less in size and is not located within ene-theusandfive hundred feet of any existing schools, places of wer-shiprhospitals, parks, playgrounds or other off -sale alcoholic beverage establishments of eleven thousand square feet or less in size; D. The proposed on -sale establishment with either ABC license type 40, 42 or 48 (bars, nightclubs), a verification that the establishment is not located within one thousand feet of any existing schools, places of worship, hospitals, parks, playgrounds or other 3 P8 alcoholic beverage establishment with ABC license type 40, 42 or 48; E. The proposed establishment is not located in a high -crime area as defined in Business and Professions Code Section 23958.5(a), or where a disproportionate number of police service calls occur. 8.34.070 Conditions of approval. When approving an application for a use permit for an alcoholic beverage establishment, the director of public safety shall issue the permit subject to the operational standards and training requirements set forth in Sections 8.34.130 and 8.34.140 of this chapter. When approving an application for a use permit for an alcoholic beverage establishment, the planning commission may also impose additional conditions that it determines to be necessary or desirable to insure that the particular use authorized by the permit will be established, operated, and maintained in a way that will prevent nuisances, including but not limited to, premises design conditions that: A. Require the exterior areas of the premises and adjoining parking lots to be illuminated in a manner that provides lighting sufficient to illuminate and make easily discernable the appearance of all persons on or about the premises while not disturbing surrounding residential and commercial areas; B. Require litter and trash receptacles that are placed at accessible locations both within and outside the establishment and that are emptied on a daily basis; C. Prohibit fixtures or furnishings that encourage loitering and nuisance behavior; D. Reduce opportunities for patrons to congregate and obstruct neighboring properties and public rights -of -way; E. Otherwise maximize opportunities for surveillance and control of the premises and areas around the perimeter of the premises, including but not limited to cameras or security guards; and F. Any other conditions deemed appropriate by the planning commission. 8.34.080 Appeals from a determination on an application for use permit. Any applicant or other person aggrieved by a decision of the director of public safety on an application for a use permit required by this chapter, may appeal the decision of the director of public safety to the city manager within the time and in the manner required by Section 8.34.230 of this chapter. The decision of the city manager shall be final. 4 P9 8.34.090 Posting of conditions of approval. Every owner of an alcoholic beverage establishment issued a use permit pursuant to the provisions of this chapter shall post a copy of all operational standards, training requirements and any special conditions of the permit in at least one prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment. 8.34.100 Existing uses deemed approved. Except as otherwise provided in this chapter, any alcoholic beverage establishment lawfully operating prior to the effective date of the ordinance codified in this chapter pursuant to an ABC license that authorizes the retail sale of alcoholic beverages for on -site or off -site consumption shall be deemed approved and may continue to lawfully operate without a use permit provided the operation is conducted in compliance with the standards and training requirements set forth in this chapter and has paid the annual permit fee required by Section 8.34.150. The continued operation of a deemed approved alcoholic beverage establishment shall require approval of a new use permit in the manner provided by this chapter upon the occurrence of any of the following: A. The establishment changes its type of retail liquor license with the Department of Alcoholic Beverage Control; B. There is a substantial modification to the mode or character of operation. As used herein, the phrase "substantial change of mode or character of operation" shall include, but not be limited to the following: 1. The off -sale alcoholic beverage establishment increases the floor area or shelf space principally devoted to alcohol sales by twenty-five percent or more; or 2. The on -sale alcoholic beverage establishment increases the floor area principally devoted to the alcohol sales by more than two hundred fifty square feet; or 3. The alcoholic beverage establishment proposes to reinstate alcohol sales after the ABC license has been either revoked or suspended for a period greater than thirty days by the ABC; or 4. The alcoholic beverage establishment proposes to reinstate alcohol sales after a cessation of use for a period of six months or more. 8.34.110 Notification to owners. Within sixty days following the effective date of the ordinance codified in this chapter, the director of public safety shall: A. Notify the owner of each deemed approved alcoholic beverage establishment within the city of the establishment's deemed approved status, authorizing the establishment to 5 P10 lawfully continue its operation in the manner required by this chapter; B. Provide the owner of the establishment with a copy of the provisions of this chapter and call the owner's attention to the requirement that the establishment be operated in accordance with the operational standards set forth in Section 8.34.130; and C. Provide the owner of the establishment with a copy of the permit fees adopted by the city council in accordance with Section 8.34.150 and advise the owner of the amount and due date of the establishment's annual permit fee. 8.34.120 Posting of operational standards by deemed approved establishments. Every owner of a deemed approved alcoholic beverage establishment shall post a copy of all of the operational standards set forth in this chapter in at least one prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment. 8.34.130 Operational standards for all alcoholic beverage establishments. All new and existing alcoholic beverage establishments shall be operated in conformance with the following operational standards: A. Compliance with the state's Alcohol Beverage Control Act. All alcoholic beverage establishments shall be operated in strict compliance with the state's Alcohol Beverage Control Act, together with the conditions of any license issued by ABC to the establishment pursuant to that Act. B. Performance Standards for Outlets. All alcoholic beverage establishments shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance, as defined in Chapter 1.24 of this Code, and adhere to the following performance standards in parking areas, sidewalks, alleys and areas surrounding the alcoholic beverage establishments and adjacent properties under the control of the subject alcoholic beverage establishment. "Reasonable steps" shall include calling the police in a timely manner, preventive design features, and requesting those engaging in such activities to cease those activities, unless personal safety would be threatened in making that request. Failure to correct these conditions may result in revocation of the "deemed approved" status, thereby requiring approval of a new use permit in the manner provided by this chapter. 1. It does not result in adverse effects to the health, peace or safety of persons residing or working in the surrounding area. 2. It does not result in jeopardizing or endangering the public health or safety of persons residing or working in the surrounding area. 3. It does not result in repeated nuisance activities within the premises or in close proximity to the premises, including but not limited to disturbance of the peace, 6 Ptt illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sexual harassment or sexual battery, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, lewd sexual conduct in public, or police detentions and arrests. 4. It does not result in violations to any applicable provision of any other city, county, state, or federal regulation, ordinance, or statute including but not limited to sale or service of alcohol to minors, service of intoxicated patrons, failure to adhere to state ABC license conditions or local conditional use permit restrictions. 5. Its upkeep and operating characteristics are compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding area. 6. A copy of the performance standards shall be posted in a conspicuous and unobstructed place visible from the entrance of the establishment for public review. 8.34.140 Training requirements for all alcoholic beverage establishments. A. Training. All sellers/servers of alcoholic beverages shall complete an approved course in "Responsible Beverage Sales" (RBS) within sixty days of hire for employees hired after the passage of the ordinance codified in this chapter or within six months of the passage of the ordinance codified in this chapter for existing employees. B. Certified Programs. To satisfy the requirements of this section, a certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service (CCC/RBS) or other certifying/licensing body designated by the state of California. 8.34.150 Annual permit fees. The city council shall establish by resolution an annual use permit fee that shall be imposed on each alcoholic beverage establishment issued a use permit pursuant to the provisions of this chapter, including any new or modified establishment or deemed approved establishment issued a permit pursuant to this chapter. The annual use permit fee shall be assessed for each alcoholic beverage establishment on a sliding scale based on: A. The hours of operation that alcohol is sold at the establishment; B. The volume of alcohol sales at the establishment; C. The number of police calls for service at the establishment; D. The estimated annual costs of the police services necessary to monitor and enforce the operational standards and other use permit conditions and requirements for all 7 P12 establishments within that license category; and E. The estimated staff costs to bill and collect the annual permit fee. 8.34.160 Billing and payment. All annual permit fees imposed on an alcoholic beverage establishment operating under a use permit issued in the manner provided for by this chapter including "deemed approved" establishments shall be billed by the administrative services department on or before the first day of January of each year. The fee is due and payable immediately upon receipt, and will be delinquent if not paid within thirty days of the bill's mailing. 8.34.170 Administrative review of fee. Licensee may to challenge the amount of the annual use permit fee in accordance with Section 3.32.060 of this Code. 8.34.180 Establishment of alcohol permit fee account. A. The city shall establish an "Alcohol Permit Fee Account" for the collection of the fees described in this chapter. B. Funds from the "Alcohol Permit Fee Account" shall be used only to recover the cost of the services including education, inspections, enforcement operations and administrative hearings, related to the monitoring and enforcement of the performance standards, conditions of operation and regulations established for licensed alcohol establishments in this chapter. 8.34.190 Report of expenditure of fees to be collected. A. Not later than the last meeting of October in each calendar year, the enforcement officer shall submit to the city council a report on the expenditures of the total of annual alcohol permit fees collected. B. The report shall set forth such matters as: 1. The prioritization of problems regarding enforcement of the performance standards, conditions and regulations as set forth in this chapter related to the operation of licensed alcohol establishments in the city of Rohnert Park. 2. Methods of mitigating such problems, through prevention, education and enforcement of the performance standards, conditions and regulations. 3. The specific allocation of the fees to be collected to activities described in the report. 8.34.200 Violations. A. • It is unlawful for any person to operate a new or modified alcoholic beverage 8 P13 establishment: 1. Without a valid use permit issued in the manner provided by this chapter; or 2. In violation of any requirements and conditions of any applicable use permit issued pursuant to this chapter, including, but not limited to, any operational standards and training requirements. B. It is unlawful for any person to operate a deemed approved alcoholic establishment in violation of the operational standards set forth in this chapter and incorporated into a permit issued to the establishment pursuant to this chapter. 8.34.210 Penalties. A person shall be subject to the penalties set forth in Chapter 1.16 of this Code if: A. The person operates a new or modified alcoholic beverage establishment without a use permit required by this chapter. B. The person has been issued a use permit for an alcoholic beverage establishment in the manner provided by this chapter, and causes or permits the establishment to be operated in violation of the requirements or conditions of the use permit. 8.34.220 Inspections. All alcoholic beverage establishments within the city shall be regularly inspected by the public safety department to determine whether the establishments are being operated in compliance with the provisions of this chapter. 8.34.230 Preliminary notice of violation and hearing. A. Preliminary Notice. Where the public safety department determines that an alcoholic beverage establishment is operating in violation of the provisions of this chapter, including, but not limited to, any of the requirements and conditions of the use permit issued to such establishment in the manner provided by this chapter, the department will issue a notice to the permittee that describes the nature of the violation, the corrective action to be taken, and the time within the corrective action must be completed. B. Notice of Hearing. If the licensee has not taken corrective action with the time specified, the public safety director shall provide the licensee with notice of a hearing. The notice shall specify the facts which constitute the violation, specify the time, date, and place of the hearing, and state that the licensee may be represented by counsel or other interested persons. Said notice shall be served at least fifteen days prior to the hearing by mailing by certified mail, postage prepaid, addressed to the licensee's residence as indicated in the most recent use permit application on file. C. Hearing. At the hearing, the licensee, his or her counsel, and any other interested person(s) shall have the right to present evidence as to the facts upon which the public safety director 9 P14 proposes to revoke the use permit. D. Notice of Decision. If after said hearing, the public safety director finds that any of the grounds for revocation exist, he or she shall within ten days after the hearing serve by certified mail, postage prepaid, a notice of decision upon the licensee and all interested persons participating in the hearing. Said notice shall specify the findings of the public safety director, the ground or grounds for his decision, and shall indicate the appeal procedure. E. Effective Date of Decision. The decision of the public safety director shall be final and binding on all interested parties ten days after the notice of decision is mailed, unless an appeal is filed. F. Appeal. The decision of the public safety director to revoke a use permit may be appealed in writing to the city manager within ten days of mailing of the notice of decision. The city manager shall hear the appeal within thirty days of receipt of the written appeal. At the hearing, the appellant may present evidence in support of the contentions stated in the notice of appeal. Any interested person(s), including the public safety director, may be allowed to participate in the hearing and present evidence in support of the decision of the public safety director. The city manager shall render a written decision, including the grounds upon which the revocation is either upheld or overturned, within fifteen days of the date of the appeal hearing. A copy of the city manager's decision shall be served by certified mail, postage prepaid, upon the appellant and all parties to the hearing requesting same. The decision of the city manager shall be final. 10 P15 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Rohnert Park will be holding a PUBLIC HEARING. WHERE: Rohnert Park City Hall — Council Chamber 130 Avram Avenue Rohnert Park, California WHEN: Tuesday, November 22, 2011, at the hour of 6:00 p.m. or as soon thereafter as the matter is reached on the agenda. PURPOSE: To consider amendments to Rohnert Park Municipal Code Chapter 8.34 regarding relative distance of licensed alcoholic beverage establishments to certain sensitive uses or other alcoholic beverage establishments and repeal of Rohnert Park Municipal Code Section 17.07.020(R) Representatives of this proposal will be available to respond to questions. All persons interested in this matter should appear at the November 22, 2011, City Council meeting. Written statements may be submitted to the City Clerk in advance for presentation to the Council as part of the public hearing. ' NOTE: If you challenge this matter 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 City of Rohnert Park at, or prior to, the public hearing. Documents related to this item are available for public review during normal business hours at the City Clerk's Office, 130 Avram Avenue, Rohnert Park, CA, (707) 588-2225. Questions regarding this matter should be directed to Public Safety Sergeant Mike Bates, Department of Public Safety, (707) 584-2647. Dated: November 9, 2011 Terri Griffin, City Clerk Published: November 11, 2011 P16 ll aFEA aUE CITIES Liquor Stores, Bars and Nightclubs: Conditional Use Permits and Best Practices for Regulating Alcohol Sales Thursday, September 22, 2011 General Session; 1:00 — 2:45 p.m. Steven T. Mattas, Meyers Nave 2011 League of California Cities Annual Conference City Attomeys' Department Track P17 2011 League of California Cities Annual Conference City Attorneys' Department Track P18 Attachment 2 LIQUOR STORES, BARS & NIGHTCLUBS: Conditional Use Permits and Best Practices for Regulating Alcohol Sales League of California Cities Annual Conference September 22, 2011 Prepared By: meyers nave Attorneys Steve Mattas and Jason Rosenberg P1 I. Introduction Alcohol sales at liquor stores, bars and nightclubs create social and economic challenges for California's communities. Neighborhoods where bars, restaurants, liquor stores and retail outlets that sell alcohol are close together or concentrated suffer more frequent incidences of violence, social dislocation, medical emergencies and property crimes.1 However, direct regulation of alcohol outlets by local governments is limited by California's existing regulatory framework. Upon the ratification of the Twenty -First Amendment, states became empowered to regulate alcohol sales. consumption, production and transportation. California gave exclusive jurisdiction to the state over manufacture, sale, purchase, possession and transportation of alcoholic beverages. In California, this regulatory authority is vested in the Department of Alcoholic Beverage Control ("Department"), which has the dual responsibility for both the issuance of liquor licenses and the regulation of existing licensees. The Department issues two broad categories of alcohol licenses. On -sale licenses are issued for businesses that sell alcohol for consumption on the premises, such as bars and restaurants. Off -sale licenses are issued for businesses that sell alcohol for consumption off the site, such as grocery stores, liquor stores, and corner markets. Additionally, one -day licenses are issued for the sale of alcohol at special events. Because local authority to regulate alcohol sales and related activity is largely preempted by the Department, the challenge that cities face is how to properly regulate the ancillary aspects of alcohol sales without regulating in areas of exclusive state authority. Cities' land use and police powers function as the effective tools in exercising local control over alcohol sales and its secondary effects.2 Pacific Institute for Research and Evaluation. Accessed online at: http://resources.prev.org/documents/AlcoholViolenceGruenewald.pdf (visited July 25, 2011). 2 Special Thanks to Stacy L. Saetta of Monterey County Counsel's Office for her advice and recommendations concerning best practices for comprehensive ordinance adoption. P2 II. State Regulation of Alcohol Sales Limited Local Authority and State Preemption In 1955, the California Constitution was amended to establish a uniform framework for licensing alcoholic beverage sales throughout the state. The Constitution provides that "[t]he State of California... shall have the exclusive right and power to license and regulate the manufacture, sale, purchase, possession and transportation of alcoholic beverages within the State."3 The sale of alcohol is also regulated by the Alcoholic Beverage Control Act (Bus. & Prof. Code §§ 23000-25762). Accordingly, the Department was established to oversee the licensing process and it was given both the power to -issue and revoke liquor licenses.4 The Department has specific criteria upon which it is permitted to issue and revoke licenses, and cities' ability to participate in the Department's license regulation is limited. Nevertheless, cities may participate in the Department's licensing in a limited fashion, but also impose regulations pursuant to valid police power and/or land use authority. Local government regulation beyond those areas that have been specifically authorized by state law is preempted. State License Issuance Article XX, §22, of the California Constitution grants the Department the exclusive power to license the sale of alcoholic beverages in California. Section 22 grants the Department the power, in its discretion, to deny, suspend or revoke any specific alcoholic beverage license if it shall determine for good cause that the granting or continuance of such license would be contrary to public welfare or morals, or that a person seeking or holding a license has violated any law prohibiting conduct 3 Cal. Const., art XX §22. 4 Stroh v. Midway Restaurant, (1986) 180 Cal. App. 3d 1040, 1047. P3 involving moral turpitude. It shall be unlawful for any person other than a licensee of said department to manufacture, import or sell alcoholic beverages in this State. [Emphasis added.] The Legislature gave the Department the responsibility to "ensure a strict, honest, impartial, and uniform administration and enforcement of the liquor laws throughout the State."5 In delegating regulatory authority to the Department, the Legislature also provided guidance for overseeing the licensing process. When issuing licenses, the Department may only grant a license if it determines that the license will not be contrary to the "public welfare or morals." Additionally, the Department is authorized to refuse issuing any retail license for premises located within the immediate vicinity of churches and hospitals.6 The Department is also specifically authorized to refuse to issue a license for any premises located within 600 feet of "schools and public playgrounds or nonprofit youth facilities, including, but not limited to, facilities serving Girl Scouts, Boy Scouts, or Campfire Girls."7 However, this legislative authorization gives the Department the authority, but not the mandate to issue licenses. Therefore, the determination of whether an applicant is within the "immediate vicinity" of a church or hospital lies within the discretion of the Department. No "Undue Concentration" State law, however, directs the Department to deny a license if, "issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except as provided in Section 23958.4.8 "Undue concentration" is a key standard in evaluating state and local responsibilities in controlling the adverse consequences of alcohol sales. An "undue concentration" exists when an "applicant's premises are located in a crime reporting district that has a 20 percent or greater number of Reported Crimes...than the average number of reported crimes as determined from all the crime Reporting 5 Bus. & Prof. Code § 23049. 6 Bus & Prof. Code § 23789. Id. 8 Bus. & Prof. Code §23958. P4 Districts within the jurisdiction," or when the census tract in which the applicant's store is located "exceeds the ratio of on sale retail licenses to population in the county in which the applicant premises are located."9 A city may determine that there is an "undue concentration" of off -sale beer and wine licenses in a given location and that the public convenience and necessity would not be served by approval of the proposed license. Licensee Cannot Conflict with Local Zoning Ordinance In addition, under Bus & Prof. Code §23790, The Department may not issue a liquor sales license for premises located in an area where the terms of the license conflict with a valid zoning ordinance, unless the following are met: (1) the premises were licensed before adoption of the zoning ordinance, (2) the license will be of the same type and classification as the prior license, and (3) the licensed premises have operated continuously without substantial change in mode or character of operation. Accordingly, a city ordinance denying a use permit for a cocktail bar in a shopping center was upheld because it was supported by findings that the bar would disrupt the peace, health, and general welfare of the people in the area, and more specifically because of the proximity of the bar to surrounding residences.10 Similarly, a court upheld an ordinance that grandfathered an existing restaurant with only a beer and wine license in a residential zone while barring an expansion of the license to include the sale of distilled liquors.11 Also, Bus & Prof Code § 23800 authorizes the Department to impose conditions prepared by the Department or requested by a city or county on liquor licensees in certain situations, including the transfer of a license. In fact, license applicants are required to provide a zoning affidavit affirming that issuance of the license will not be contrary to applicable zoning standards. Assuming the license is consistent with local zoning, in order to carry out its mandate to protect the public welfare and morals, the Department is required to conduct a "thorough 9 Bus. & Prof. Code §23958.4(a). 10 Floresta, Inc. v City Council of the City of San Leandro (1961) 190 Ca1.App.2d 599. 11 Town Council of the Town of Los Gatos v State Board of Equalization (1956) 141 Ca1.App.2d 344. P5 investigation" to determine that the license will comply with all statutory criteria for the issuance of a liquor license.12 Department Discretion However, despite this seemingly clear mandate, the Department tends not to err on the side of the community and issues licenses amidst opposition from local government and community leaders. In such instances the Department's broad discretion can undermine a local jurisdiction's ability to manage alcohol related social and police problems. In practice, it is also difficult to overturn a decision of the Department. While the Department may delegate the power to hear from all parties and decide a licensing question to an Administrative Law Judge, the Department must render the final decision: whether it is to adopt the recommendation of the Administrative Law Judge, or to render a decision notwithstanding the Administrative Law Judge's recommendation.13 If a party seeks to challenge a decision by the Department regarding its decision on a liquor license, the petitioner must bring its challenge before the Alcoholic Beverage Control Appeals Board ("Appeals Board") to determine whether there is substantial evidence to reasonably support the findings of the Department. However, the Appeals Board "will indulge all legitimate inferences in support of the Department's determination."14 If, after reviewing the Department's decision, the Appeals Board determines there is substantial evidence in the record to support the Department's decision, the Appeals Board will uphold the Department's decision. The courts will also review the Department's decisions under the same standard of review.15 However, such review is wholly discretionary with the court and the courts are under no obligation to accept such cases. There is, therefore, no guarantee that the Department's decisions 12 Bus. & Prof. Code §23958. 13 Bus. & Prof. Code §24210. 14 Dept. of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Bd. (2004)118 Ca1.App.4th 1429, 1437. 13 Bus. & Prof. Code § 23090.2. P6 will be subject to judicial review. As a result, this deferential standard of review protects the Department's interpretations and decisions with regard to fulfilling its statutory mandate. A local agency may also file accusations against license holders with the Departtilent. The Department then has discretion to decide whether to proceed with a formal accusation against a license holder.16 The grounds for suspension or revocation are that the continuance of the license would be contrary to public welfare or morals; the licensee failed to take reasonable steps to correct objectionable conditions on the licensee's premises or immediately surrounding area including public sidewalks and streets within 20 feet of premises; or the failure to abate nuisances, such as disturbance of the peace, public drunkenness, drinking in public and harassment to passersby, after notification by the city attorney.l7 Reasonable steps are defined as timely calls to law enforcement asking for assistance in abating nuisance conditions, asking persons engaging in nuisance activities to cease such activities and the removal of items that facilitate nuisances, such as furniture.18 Courts have ruled that the existence of a public nuisance, regardless of fault by the license holder, may support the revocation of a license.19 Business and Professions Code section 24203 also provides that "accusations may be filed with the Department by the legislative body... of any city... requesting the suspension or revocation of a retail license. Upon the filing of the accusation, the Department shall provide for a public hearing... and determine whether or not the license should be revoked or suspended." Furthermore, if the local legislative body certifies that "the public safety, health, or welfare requires immediate hearing of the accusation; the public hearing shall be held within 60 days after the filing of the accusations with the Department."20 Using this provision allows the city to directly file an accusation against a license holder and entitles the city to a hearing in front of the 16 Bus. & Prof. Code *24201. "Bus. & Prof. Code §24200. 18 Id. 19 Yu v. Alcoholic Beverage Appeals Bd. (1992) 3 Ca1.App.4th 286. 20 Bus. & Prof. Code §24203. P7 Department to determine whether or not to revoke or suspend a liquor license. The Department does not have discretion to deny a hearing if it is requested by the City Council.21 This course of action, however, like the original license issuance decision also places a great deal of discretion in the hands of the Department. Moreover, as with other Department decisions, the Department's decision is difficult to overturn through a legal challenge. In order to successfully proceed with an accusation against a license holder, a city will have to accumulate substantial evidence that a license holder is creating a public nuisance or creating a law enforcement problem as a result of its sale of liquor. Miscellaneous Local Regulation Lastly, cities retain limited authority to regulate the consumption of alcoholic beverages.22 Regulation of mere possession of alcohol, however, is unconstitutional absent specific legislative authorization.23 Penal Code Section §647(e), however, authorizes city regulation of possession of open container on certain licensed premises, and Bus & P C §25620 authorizing city regulation of open container in city -owned public place. Cities also have limited authority to regulate the concurrent sale of gasoline and beer or wine at a given location as defined by statute.24 III. Nuisance Regulation A city can exert a certain degree of control over alcohol outlets through its inherent authority to regulate nuisances. A city can adopt an ordinance directed at the abatement of potential nuisance activity around businesses that sell alcoholic beverages, even though such adopted regulations may in fact prohibit the sale of alcohol at particular locations.25 The right to 2' Id. 22 People v Brewer (1991) 235 Cai.App.3d 909; People v Butler (1967) 252 Cal.App.2d.Supp 1053. 23 People v Duran (1995) 43 Ca1.App.4th.Supp 1. 24 Bus. & Prof. Code §23790.5. 25 Korean Am. Legal Advocacy Found. v. City of Los Angeles (1994) 23 Ca1.App.4th 376. PS control and abate nuisance and criminal activities by ordinance applies to all alcoholic beverage establishments, including those in operation before an ordinance's effective date. Traditional Nuisance Abatement Cities may also regulate alcohol outlets on an individual basis through the traditional nuisance abatement authority by declaring a building or place where liquor is unlawfully sold a public nuisance.26 The Unlawful Liquor Sale Abatement Law (Pen Code §§ 11200 — 11207) provides cities with the ability to declare and abate a nuisance when an establishment is selling liquor unlawfully.27 Recently, the Second Appellate District upheld a permanent injunction against a cafe that was found to be unlawfully selling alcohol to its patrons.28 The City of Los Angeles sought and obtained an injunction against a cafe that was selling alcohol to visibly intoxicated patrons based on a finding of nuisance under the Unlawful Liquor Sale Abatement Law.29 In upholding the injunction, the Court of Appeal stated that Penal Code section 11200 has a broad reach which encompasses unlicensed liquor sales and unlawful sales, even if lawful sales also occur on the premises.30 Thus, if a city finds that off -sale alcohol sales establishments are violating laws, and they have a negative effect on the health, safety, and general welfare of those living and working in the area, one available course of action is to declare the activity a public nuisance. The city attorney may then maintain an action to abate and prevent the nuisance.31 However, this approach is time intensive and must regulate problem alcohol outlets on a case by case basis. 26 Pen C §11200. 27 Pen C § 11200-11207. 28 See People v. Schlimbach (2011) 193 Ca1.App.4th 1132. 29Id. 30Id. at 1141-1144. 31 Pen C §§11200-11201. P9 The City of Oakland "Deemed Approved" Model The City of Oakland ("Oakland") tested the limits of the state preemption issue by instituting a "deemed approved" program for existing licensees. Oakland's program was created as a means of imposing operating standards on legal nonconforming retail alcohol outlets established prior to adoption of the Oakland's conditional use permit requirements. As part of its program, Oakland adopted a comprehensive code enforcement scheme that the California Court of Appeals has upheld as a permissible use of a city's police power and authority to regulate nuisances and criminal activities in the areas surrounding alcoholic beverage retail sellers.32 Oakland's ordinance was challenged as to whether it could apply its deemed approved program to licensees that had sold liquor prior to the adoption of the ordinance. Specifically, at issue was whether the deemed approved ordinance violated Business and Professions Code section 23790, which prohibits new zoning regulations barring the sale of liquor at a site from being applied to "grandfathered" establishments. The court ruled that the regulations were not intended to control the sale of alcoholic beverages, but instead were intended to eliminate nuisance and criminal activities.33 Although the ordinance did not prohibit licensees from selling alcoholic beverages, it did prevent licensees from creating nuisances and facilitating criminal activity at their stores and in the surrounding areas. The Oakland Ordinance establishes that the sale of alcoholic beverages in Oakland is deemed to be an approved commercial activity, so long as the seller complies with the "Deemed Approved Performance Standards." The performance standards require that the sale of liquor at a site does not: 1. result in adverse effects to the health, peace, and safety of persons residing or working in the surrounding areas; 2. jeopardize or endanger the public health or safety of persons working in or residing in the 32 City of Oakland v. Superior Court (1996) 45 Cal.App.4th 740. 33Id. at 765. P10 surrounding area; 3. result in repeated nuisance activities within the premises or close proximity of the premises, including but not limited to illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, the sale of stolen goods, public urination, thefts, assaults, littering, loitering, police detentions, arrests; 4. violate any city, state, or federal regulation, ordinance, or statute; or 5. have upkeep or operating characteristics that are incompatible with the surrounding area or adversely affect the liability of appropriate development of abutting properties.34 If the sale of liquor causes a violation of one of the established performance standards, then an administrative hearing is held to review the complaint. Complaints can come from the police department or the general public. The administrative hearing officer then holds a hearing to determine whether the standards have been violated, and at that point, may impose conditions on the merchant in order to enforce the Deemed Approved standards. If the merchant violates those conditions, the Deemed Approved status may be revoked. Once appeals of the administrative hearing officer's decision to the city council are exhausted, the City may seek to have the activity abated as a nuisance. The city may also refer the matter to the Department for revocation of the liquor license. Lastly, to pay for the enforcement of the ordinance, Oakland imposes a $600 fee on liquor licensees. Violations of the ordinance do not result in the forfeiture of the merchant's liquor license, because only the Department has the constitutional authority to revoke a liquor license. A violation, however, does prevent the merchant from selling liquor at the location where the violation occurred. Furthermore, violations can be forwarded to the Department for possible revocation. 34 City of Oakland Deemed Approved Alcoholic Beverage Sale Regulations, Title 17 Planning, § § 17.156 et seq. P11 IV. Regulation through Local Zoning Ordinance The Department of Alcoholic Beverage Control may not issue an alcoholic beverage retail license for any business located in a zone where the exercise of the rights conferred by that license would be contrary to a valid local zoning ordinance.35 When enacting a zoning ordinance, a key distinction involves the status of the specific licensed premise as a "new" or "pre-existing" outlet at the time a city enacts a new ordinance or regulation. A retailer whose business is already in place receives far greater protection under state law than outlets that are proposed following enactment of a valid zoning ordinance.36 Thus, a city that wants to restrict alcohol outlets from locating near schools cannot impose the new restriction on an existing outlet, but can prohibit a new outlet from locating in the restricted zone or selling a restricted product. Los Angeles' Ordinance In an attempt to define the limitations local government may impose on alcohol -serving establishments, courts have consistently held that local ordinances that do not directly affect the sale of alcohol are not preempted by the powers granted to the Department. In 1994, in Korean American Legal Advocacy Foundation v. City of Los Angeles,37 the California Court of Appeal examined the extent to which the state had preempted the field of alcohol regulation. The case was set against the backdrop of the 1992 Los Angeles riots and the effort to rebuild stores destroyed during that period of civil unrest. Since 1985, the City of Los Angeles had required business engaged in the sale of off -site alcoholic beverages to obtain conditional use permits. In 1987, the city adopted a specific plan, which required conditional use approvals for establishments dispensing alcohol in South Central Los Angeles, and provided that approval was contingent on specified findings. Businesses in operation before the effective dates of either ordinance enjoyed "deemed approved" conditional use status. In the aftermath of the riots, the city adopted ordinances to facilitate rebuilding, with expedited procedures to process building 35 Bus. & Prof. Code § 23790; City of Oakland v Superior Court (1996) 45 Ca1.App.4th 740. 36 Bus. & Prof. Code § 23790 37 Korean American Legal Advocacy Foundation v. City of Los Angeles (1994) 23 Ca1.App.4th 376. P12 permits in conformity with existing code provisions. However, all conditional uses, including conditional uses selling alcoholic beverages for off -site consumption, had to submit plans for approval before rebuilding. Such approval could be made contingent on conditions (such as graffiti removal, adequate lighting, trash removal, security guards and limited hours of operation) imposed on the same basis as for new conditional uses. In addition to the plan approval process, the city instituted "revocation hearings" to revoke or condition an owner's deemed approved status or use permit in the event the business threatened to become, or had become, a nuisance or law enforcement problem. The plaintiffs, many of whom had stores destroyed during the riots, brought suit, challenging the validity of the ordinance imposing the plan approval process and establishing revocation hearings. They alleged that Los Angeles' plan approval and revocation processes were completely preempted by the state constitution, which specified that the state had exclusive authority to regulate the sale of alcoholic beverages and exercised this exclusive jurisdiction through the Alcoholic Beverage Control Act.38 In addressing the preemption challenge, the court examined the purpose of the ordinance and noted that the conditions imposed by the city did not have the effect, either direct or indirect, of regulating the "manufacture, sale, purchase, possession or transportation" of alcoholic beverages.39 Rather, the conditions imposed under the plan approval process were aimed at controlling or eradicating the negative secondary impacts often associated with establishments that sell alcoholic beverages.40 Accordingly, the ordinance was deemed permissible as it was aimed at land use and zoning - to abate or eradicate nuisance activities in a particular geographic area by imposing conditions aimed at mitigating those effects - rather than the regulation of alcohol. The validity of the ordinance was underscored by the fact it focused on the negative conduct occurring in the immediate vicinity of businesses selling alcohol for off -site consumption; "(t]hat the conditions imposed under the ordinance may have some indirect impact on the sale of alcoholic beverages does not transmute the purpose and scope of the ordinance into 3S Id. at 385. 49Id. at 385-87. 401d. at 387. P13 a regulations merely seeking to control alcohol sales."41 Thus, provided that an ordinance imposes land use and zoning regulations, and applies them properly, the zoning regulation should be valid. V. Recommended Practices Any local zoning ordinance aimed at regulating retail alcohol outlets should comprehensively seek to regulate, by including both conditional use permit ("CUP") and Deemed Approved provisions. By including both of these provisions, the city will properly distinguish between pre-existing and new alcohol outlets. Both of these provisions are also flexible enough to vary according to each city's needs. The recommended approach for regulating pre-existing alcohol outlets, both for on -sale and off -sale outlets is the Oakland Deemed Approved model, as described above. This provides a city with as much regulatory control over existing outlets as is permissible under the state statutory framework. Further, this approach has been upheld by courts as valid. Findings and Statement of Purpose The ordinance should contain specific findings that will give the proper justification for any conditions and/or operating standards that are imposed. As is the case with other conditions imposed on a property, the conditions imposed must be related to the goals of the ordinance. The findings establish the need for the ordinance, listing the specific problems that are to be alleviated. These should be adapted to local circumstances, including any local data regarding alcohol problems and their link to retail alcohol sales. The purposes section can augment the findings from the introductory section, such as focusing on the rationale for requiring CUPs for new alcohol outlets. Carefully drafted findings and purpose sections are important to establish the city's rationale and authority to take action. 41 Id. P14 Regulation of Retail Outlet Locations The Department may not issue alcohol licenses for premises located in the immediate vicinity of churches and hospitals.42 In addition to the state law restrictions concerning location of outlets near those sensitive uses, a local ordinance can further restrict outlet locations through a valid zoning ordinance. Zoning ordinance restrictions regarding the location of outlets could restrict the outlets to certain zones, by defining the alcohol sales use and then restrict alcohol outlets from a zone within the city's zoning ordinance, such as residential zones. Conversely, the ordinance could restrict alcohol outlets only to certain commercial zones. In addition, the adopted ordinance may want to require spacing requirements by imposing specific distances from sensitive uses, such as playgrounds, schools, hospitals, high crime districts, etc. Lastly, the ordinance could require distance requirements between outlets. For example, no more than four alcohol retail outlets can be allowed within a 1,000 foot radius of each other. The location requirements may also choose to focus on particular types of alcohol outlets. For example, restaurants or grocery stores with relatively limited alcohol sales may be treated differently from bars, nightclubs, or liquor stores. Conditional Use Permit Provisions An ordinance containing CUP provisions is an effective tool for local regulation of retail alcohol outlets. When regulating new outlets, establishing specific CUP provisions is the most effective method to impose local conditions and sanction those that do not comply with the enacted conditions. Additionally, the CUP allows cities to take much swifter action than if a city was forced to rely on the Department to take action. Lastly, the CUP provides individuals and groups within the community a voice in the decision -making process with respect to how proposed retail alcohol outlets would impact the community. Any adopted CUP ordinance must be cognizant of the areas upon which state law has exclusive jurisdiction which is, "the manufacture, sale, purchase, possession and transportation of alcoholic beverages."43 However, when acting within those restrictions, a city can properly adopt and enforce operating restrictions that will meet the particplar needs of its communities. 42 Bus. & Prof Code § 23789. 43 Cal Const. Art. XX, § 22. P15 Operational standards and conditions of approval can work in conjunction to comprehensively regulate new outlets. Operational standards are mandatory requirements that apply to all outlets, are typically general in nature, and can often be similar to the Deemed Approved operating standards. For example, operating standards can have restrictions against public nuisance activities and activities that violate state or local laws. Although related to operating standards, conditions of approval are more specific and should be tailored to local issues. The conditions can be either standard or discretionary. If standard, they apply to all new outlets automatically; if discretionary. the permitting agency considers their applicability on a case -by -case basis and tailored to the specific application and the surrounding neighborhood. Erring on the side of over inclusion is recommended; if it is uncertain whether a given condition is relevant, it can be treated as discretionary and used only if warranted for particular retail outlets. Some conditions to consider are as follows: • Soundwalls • Prohibited Products • Graffiti Removal • Chilled Alcoholic Beverages • Exterior Lighting • Hours of Operation • Trash Receptacles • Paper or Plastic Cups • Pay Telephones Provisions Specific to On -Sale Outlets • Size of alcohol signage • Complaint Response — Community Relations Program • Loitering • Prohibited Activities (e.g. pool tables) • Security Cameras • Prohibited Vegetation • Limitations on signs and advertising on windows of doors in off -sale outlet Although the regulatory framework for on -sale and off -sale alcohol outlets are the same, on -sale outlets can present different issues than off -sale outlets. Because of this variation, cities may want to consider specific regulation for on -sale outlets. For example, nightclubs present operational issues that regulations tailored to liquor stores may not adequately cover. Operating hours restrictions would presumably be different for nightclubs. Additionally, requiring security and noise restrictions for nightclubs is also recommended. P16 Some cities have a cluster of on -sale outlets within one area that becomes a focal point for entertainment and tourism. Whether a city desires this "entertainment zone" or not, when such zones emerge, including additional provisions for those zones may help to minimize some of the impacts from several inebriated customers streaming out of closing bars all at once. Additionally, some potential conditions for Entertainment Zones could be restricting the number of alcohol licenses within a defined zone and prohibition of transferring a permit from one zone to another zone. Other on -sale outlets that may present unique issues are restaurants. Cities may want to consider whether or not to include "full service restaurants" as an outlet subject to the CUP ordinance. Some cities, for example, exclude restaurants from their ordinances, provided that they meet strict criteria in terms of food sales, hours of operation, kitchen facilities, among other factors, to ensure that a restaurant does not transform into a more problematic mode of business. Regardless of a city's desire to subject a full service restaurant to CUP ordinance regulations, the ordinance's definitions should clearly define what constitutes a full service restaurant. Adopting restaurant specific operational requirements can prevent businesses from opening under the guise of a full service restaurant, but not actually operating as such, and in effect operate as a bar with little regulatory oversight. Some options for regulating restaurants include: treating restaurants similarly to other types of outlets; exempting them from the ordinance entirely; or developing separate standards applicable to restaurants. Additional Ordinance Considerations Some jurisdictions also charge an annual business license renewal fee to any bar, nightclub, restaurant, or grocery store permitted by the state to sell alcohol. The money generated pays for police officer(s) assigned to moderate the excesses associated with the sale of alcohol. If the exaction is imposed as a "fee," rather than a tax or an assessment, no election is required. Businesses that will likely generate more police response would pay more than those that do not. For example, large nightclubs with dance permits that stay open until 2:30 a.m. pay around $1,700 per year, and small corner markets that sell beer and wine would pay close to $300 per year. P17 VI. Conclusion While the State has express authority over the licensing and regulation of alcohol sales, local governments retain the right, under the police power, to regulate the impact of alcohol availability on the public health, safety and welfare of the community. When the existence of licensed alcoholic beverage establishments creates negative secondary impacts, local governments must continue to address these impacts while not treading in the exclusive area of the State's authority. Although there are limited opportunities for cities to play a role in the state regulatory process, cities can nonetheless use their land use and police powers to exert control over retail alcohol outlets. When regulating pursuant to land use and/or police power authority, cities are able to employ a strategic approach to managing alcohol sales and affiliated issues. Any adopted ordinance should distinguish between pre-existing outlets and new outlets, with the deemed approved program and conditional use permit requirements. 1677543.4 18 P18 Attachment 3 CITY OF OAKLAND ONE FRANK H. OGAWA PLAZA • 6TH FLOOR • OAKLAND, CALIFORNIA 94612 Office of the City Attorney (510) 238-3601 Barbara J. Parker FAX: (510) 238-6500 Acting City Attorney TTY/TDD: (510) 238-3254 June 28, 2011 TO: Public Safety Committee Chairperson Pat Kernighan FROM: City Attorney's Office RE: Best Practice to Abate Problem Liquor Stores WHO HAS AUTHORITY OVER A LIQUOR LICENSE Liquor Licenses are issued, regulated, suspended, and revoked by the California Department of Alcohol Beverage Control (ABC) only. Local jurisdictions — city councils, planning commissions, and local police — have absolutely no authority over the actual liquor license. What we do have is authority over the land -use status that determines where and under what conditions the liquor license is used. In modern times, this is granted in the form the Conditional Use Permit (CUP). We have the authority to allow a new alcohol use in a location, to augment use conditions in a current location, or to revoke the use altogether. Whatever rights we grant for the use of a liquor license at a property, those rights run with the land, not the liquor store or the liquor license. It is much easier to grant land -use rights for a liquor establishment than to revoke such rights. When we are able to revoke the right to use a liquor license at a location, it does not automatically mean the store will close, only that the store may no longer sell alcohol. Also, the owner of the a liquor license still owns the license. He or she could find a new place to use it (here, with a new CUP or somewhere else in California), sell it, or keep it inactive. Only ABC has the authority to revoke a liquor license. WHY IS OAKLAND "OVER -CONCENTRATED" WITH LIQUOR STORES In 1994, Assembly Bill 2897 established new regulations for liquor licenses. Among other things, it empowered ABC to regulate the number of retail on -sale and off -sale licenses allowed per census tract, based on three criteria: 1) by population (generally, there is a limit of one license per 2,500 residents); 2) over -concentration or high crime rate (crime stats in the area are 20% higher than the city's average) within a census tract; and 3) allowable concentration of licenses within a census tract based on the ratio of off -sale licenses to general population of the county. When AB2897 became law, it immediately defined many Oakland census tracts as having an over -concentration of liquor stores. P1 Best Practice to Abate Problem Liquor Stores NEW LIQUOR STORES When ABC receives an application for a liquor store license, it checks for over -concentration and/or high crime in the census tract where the business wants to open. While ABC is required to deny an applicant when there is over -concentration or a high crime rate, it can ask the local Planning Commission to make a public convenience or necessity finding, which for ABC's purposes, serves as an exemption to their regulation. Hence, even when ABC must say no, the Planning Commission may say yes to a new liquor store. In theory, the Planning Commission would only do this for a genuine public benefit such as a full size grocery store. GOOD, BAD & UGLY OWNERS In general, liquor stores by nature tend to attract bad activity. The city does not "scapegoat" liquor stores for all of Oakland's crimes. However, we do not find coffee shops or nail salons to be magnets for littering, loitering, graffiti, drug dealing, prostitution, gambling, shootings, or other public nuisance activity in and around their premises. Liquor store owners cannot deny this reality of their industry. How an owner manages the situation makes all the difference. In our experience, most of Oakland's liquor store owners are good business owners working hard to maintain decent outlets. They care about their neighbors and contribute to the community. Their stores tend to have unobstructed windows and are well lit in and out. The owners keep the front clean, actively repel loiterers and other people causing harm, and, tend to carry decent food. Some owners are bad and do not care so much about what goes on. They allow nuisance activities to occur at and near their stores. They cover the windows so that police cannot see inside. They don't participate in their communities. Worse, there are some ugly owners who have been known to actively participate in the bad activity — selling expired food products, repeatedly selling alcohol to minors, selling illegal drugs, allowing drug dealers to hide guns in their stores, and so on. Their stores rarely have any visibility through windows or are kept clean in front. These are the chronic problem outlets that cause great harm to the surrounding community— neighbors call them ugly! WHAT AUTHORITY DOES OAKLAND HAVE In 1993 the City Council, working with the Coalition on Alcohol Outlet Issues, passed the Deemed Approved Ordinance, which established operating standards for all existing alcohol outlets that did not have a CUP, which were the majority. These Operating Standards are basic non -nuisance standards such as no littering, loitering, graffiti, drug dealing, prostitution, gambling, shootings, or other public nuisance activity in or around the premise. The City enforces not only these operating standards, but also ABC regulations, such as the one preventing alcohol sales to minors, and other relevant state law. The alcohol industry immediately challenged the ordinance, and the case went to the California Court of Appeal, which upheld Oakland's ordinance in 1997. The California Supreme Court denied a petition for review and upheld the decision of the lower court. P2 Best Practice to Abate Problem Liquor Stores Oakland's Deemed Approved Ordinance is recognized nationally as a best practice. Cities across the country have enacted ordinances based on ours. UTILIZING THE DEEMED APPROVED ORDINANCE The Deemed Approved Ordinance serves two purposes: 1. It can help make a bad liquor store a good one by adding specific operating conditions that would abate problems, such as requiring the installation of better lighting and/or security cameras, or requiring the store to close a few hours earlier. 2. It can shut down an ugly store that is a chronic problem outlet unwilling or incapable of improving its operating standards. The ordinance empowers the city to revoke the "grandfathered" land -use right to sell alcohol at the property. The best practice to abate chronic problem liquor stores is to follow a policy of being proactive and strategic In vigorously enforcing the Deemed Approved Ordinance with a systematic approach. This means working on each chronic problem store until it is no longer a problem. In other words — shape up or shut down. While each case will have its unique set of facts and nuances, the basic steps are as follows: 1. Assess which stores are the chronic problem outlets based on: ABAT knowledge; ABC convictions; police, code enforcement, fire department, or county health department reports, as well as intensity and frequency of community complaints. Complaints alone cannot make a case. The city needs substantial, formal evidence. 2. Prioritize these stores in a work -plan that takes into account the severity of the problems and the quality and freshness of the evidence. 3. Strategize the steps needed to develop each case. If evidence is sufficient and fresh, move for a hearing. If not, plan to gather new evidence. Expedite response time to community complaints at these stores. 4. Present cases at a Deemed Approved hearing to either impose stricter operating conditions or to revoke the Deemed Approved status of the premise. 5. If the City prevails on stricter conditions, monitor the store's compliance with new conditions. If the City prevails in the revocation, ensure that the City formally lapses the Deemed Approved status of the premise. 6. Work down the list. Add stores as they rise in level of severity. To implement this process successfully requires collaboration early on, at the beginning of a case between Oakland Police's Alcohol Beverage Action Team (ABAT) and the City Attorney's Office. Essentially, ABAT gathers the evidence and City Attorney evaluates it to build cases. This will ensure that each case has the best chance to succeed at the Deemed Approved hearing and to prevail in any appeals. P3 Best Practice to Abate Problem Liquor Stores WHEN DO WE GO TO THE DEEMED APPROVED HEARING The city should utilize the Deemed Approved hearing as often as necessary. This is the only venue where the City of Oakland has authority to make a bad store good or to shut down an ugly store. To address these stores, we should always work cases toward the Deemed Approved Hearing so that at the very least we can impose stricter operating conditions, such as earlier closing times, and at best get the Deemed Approved Status revoked, ending the right to use the liquor license at that premise. For a bad store that has the potential to become a good store, we can impose the appropriate, stricter conditions to make positive changes. It is important to do so formally in order to memorialize the conditions and to establish a formal record of the city's efforts in the event that the store does not improve and the city must go to a revocation hearing. This sets a clear record that will help the hearing officer (or the court) make the right decision. For a chronic problem store, the city must take it to a hearing and seek revocation. Otherwise, the store will just become accustomed to paying fines as a routine and continue on. At a certain point, another citation or fine issued to a chronic problem store will not change its behavior. MILK & DIAPERS Having a liquor store in the neighborhood isn't a bad thing. Having a problem liquor store in the neighborhood is a really bad thing. A common rebuttal to the city's enforcement efforts is that "these stores are the only sources for milk and diapers." While a liquor store may be the only store in its neighborhood providing milk and diapers, if the store places you in danger while you're getting milk and diapers, it is not a safe community asset. The whole point of enforcement is to make the store a safer, better community asset. A QUESTION OF POLICY How the city enforces its laws is a question of policy. Consider what happens when a California driver is convicted for driving under the influence: First California DUI Offense ist Drunk Driving Conviction • Jail: From 96 Hours to 6 Months • Fine: From $1,000 to $1,600 • License Suspension: 6 Months • Must Complete a Driving Under the Influence Program • May Be Ordered to Install Ignition Interlock Device (IID) • California SR22 Insurance Required for Restricted License Second California DUI Offense end Drunk Driving Conviction (Within 10 Years of Previous) • Jail: 90 Days to 1 Year • Fine - From $1,000 to $1,900 4 P4 Best Practice to Abate Problem Liquor Stores • License Suspension: 2 Years • May Apply for Restricted Driver License (IID Required) • Must Complete a Driving Under the Influence Program • California SR22 Certificate Required for Restricted License California's policy does not allow for chronic drunk drivers to retain their licenses and continue driving. Now consider the ABC record of one liquor store in Oakland. Disciplinary History Reg. Number: 06062057 f 1) Section: 24200(a&b) r 2) Section: 12020(a)(1) j Proceeding Status: CLOSED Decision: POIC Suspension Days: 15 Staved Days ;5-POIC/Fine:-3000 Suspension Start Date: Suspension End Date: Reg. Number: 06063800 1) Section: 25658(a) 2) Section: 24200(a&b) Proceeding Status: CLOSED Decision: POIC Suspension Days: 15 Staved Days POIC/Fine: 5933.85 r Suspension Start Date: Suspension -End -Date: Reg. Number: 10072533 r 1) Section: 25658(a) 2) Section: 24200(a&b) Proceeding Status: CLOSED Decision: POIC Suspension Days: 15 Staved Days POIC/Fine: 2265 Suspension Start Date: Suspension End Date: In this situation, the store had three ABC convictions that warranted a 15 day suspension each. However, the store did not serve any suspension days because the owner made a "petition for offer in compromise" (POIC) in each instance and paid fines totaling $11,198.85 in lieu of suspension days. It is common for owners to make POIC's and pay fines to have the suspension stayed. This store remains open for business. In Oakland, we can decide how long a chronic problem liquor store may continue to use its liquor license in our city. Utilizing the Deemed Approved Ordinance, we can prevent a chronic problem liquor store from repeatedly harming the community. P5 Best Practice to Abate Problem Liquor Stores Since passing the Deemed Approved Ordinance in 1993, the City Council has only passed one additional policy regarding alcohol outlets in Oakland — resolution 75490, in February 2000 (attachment A). That resolution set a goal to have a no -net -increase of new off -sale and on -sale retail liquor licenses in Oakland, with exceptions allowed for the central business district and the Hegenberger corridor, full service restaurants, and large retailers with 25 or more employees or more than 20,000 square feet. POLICY RECOMMENDATION It is recommended that City Council pass a policy to abate chronic problem liquor stores by being proactive and strategic in vigorously enforcing the Deemed Approved Ordinance with a systematic approach as outlined above. CURRENT STATUS OF LIQUOR STORES In April 2004, responding to overwhelming community concerns over problem liquor stores, the City Attorney's Neighborhood Law Corps reported to both the City Council and Planning Commission on the status of alcohol outlets in Oakland. At that time, there were just over 900 liquor licenses in Oakland, and of those, 359 were off -sale licenses for liquor stores. As of June 2011, there are 950 liquor licenses in the City of Oakland. These comprise the following: 526 on -sale (restaurants, bars and clubs); 107 non -retail (manufacturers and distributers); and 317 off -sale (stores). The number of off -sale liquor licenses has gone down, from 359 in 2004 to 317 today, a decrease of 42. Of the 317 active licenses, 10 are "surrendered" to ABC and three (3) are suspended. Hence, the real number of stores has decreased from 359 to 307 - a decrease of 52. The decrease is due to a combination of city enforcement, ABC enforcement, and economic attrition. While the City's efforts have yielded good results, chronic problem liquor stores continue to have a negative impact in our communities. Oakland is still over -concentrated by 84 stores. Over -concentration of licenses by District Council District Number of Licenses over limit 1 13 2 16 3 18 4 2 5 5 6 8 7 22 6 P6 Best Practice to Abate Problem Liquor Stores Of the current 304 stores in Oakland, approximately 50 are shops such as Safeway, Trader Joes, and boutique wine sellers who, for the most part, are not problematic outlets (The current list of liquor stores in Oakland, by Council District, is provided in attachment B). Therefore, we are dealing with a universe of roughly 250 stores, of which perhaps 50 or so are chronic problems for their communities. This absolutely should be manageable and the Deemed Approved Ordinance should be put to use as standard practice. In doing so, the quality of life around each of these stores would definitely improve. Respectfully submitted, Alexander Nguyen Director Neighborhood Law Corps P7 OAKLAND CITY COUNCIL RESOLUTION NO. 75490 C.M.S. A RESOLUTION ADOPTING A CITY GOAL TO SEE NO NET INCREASE IN CERTAIN RETAIL ALCOHOLIC BEVERAGE SALES LICENSES EXCEPT WITHIN IDENTIFIED AREAS WHEREAS, the City of Oakland currently contains 468 retail Alcoholic Beverage Sales licenses excluding restaurants) for a ratio of one license per every 854 residents (399,900 total population per State Department of Finance estimates for January 1999); and WHEREAS, the State of California currently contains 35,227 licenses (excluding restaurants) for a ratio of one license per every 958 residents (3,773,000 total population per State Department of Finance estimates for January 1999); and WHEREAS, based upon the State Business and Professional Code definition of areas of "overconcentration" of licenses as census tracts where the ratio of license to population exceeded the countywide average or police beats where the crime rate was 20% or more above the City median , the City of Oakland has many overconcentrated areas; and WHEREAS, the City Council finds it in the best interest of the health, safety, and welfare that licenses in Oakland neighborhoods not be further increase, now, therefore be it RESOLVED, that the City of Oakland adopts a goal that New off -sale and on -sale retail alcoholic beverage sales licenses should be permitted only when there is compliance with the Planning and Municipal Codes and the application is for a project that meets one or more of the following: 1. Located in the Central Business District or Hegenberger Corridor; or 2. A full service restaurant in any area of the City; or 3. A large retailer with 25 or more FTE employees and 20,000 square feet or more in any area of the City; or 4. Where there is an Oakland to Oakland transfer of the same license type in any area of the City. IN COUNCIL, OAKLAND, CALIFORNIA FEB ` 1 2000 , 19 PASSED BY THE FOLLOWING VOTE: AYES— BRI1NNER, CHANG, MILEY, NADEJ., REID, RUSSO, SPEES AND NOES— Koru— ABSENT—►t V(h.L ABSTENTION— j\JtYrJJ/ 600-244 (1/99) CEDA FLO`D City Clerk and Clerk of the Co of the City of Oakland, Calif P8 Liquor Stores in Oakland -June 2011 1 Business Name/Address District License Number Status Lic. Type Census Tract Zoning 1 DEDOMENICO CELLARS 650 ALVARADO RD OAKLAND, CA 94705 1 485533 ACTIVE 20 4001.00 UNK (Planning Department says "N/A") 2 DE NOVO WINES 6082 CHABOT RD OAKLAND, CA 94618-1609 1 486417 ACTIVE 20 4002.00 UNK (Planning Department says "N/A") 3 VINECROWD 6231 CHABOT RD OAKLAND, CA 94618-1612 1 507194 ACTIVE 20 4002.00 UNK (Planning Department says "N/A") 4 TRADER JOES 231 5727 COLLEGE AVE OAKLAND, CA 94618-1628 1 452112 ACTIVE 21 4002.00 CUP 5 SAFEWAY INC 687 6310 COLLEGE AVE OAKLAND, CA 94618 1 194506 ACTIVE 21 4002.00 UNK 6 VINO 6319 COLLEGE AVE OAKLAND, CA 94618 1 309029 ACTIVE 20 4002.00 CUP 7 EDDIES DRIVE IN LIQUORS 5491 COLLEGE AVE OAKLAND, CA 94618 1 43430 ACTIVE 21 4003.00 Deemed Approved 8 PAUL MARCUS WINES 5655 COLLEGE AVE OAKLAND, CA 94618 1 193518 ACTIVE 20 4003.00 CUP 9 PASTA SHOP THE 5655 COLLEGE AVE, STE 106 OAKLAND, CA 94618 1 200282 ACTIVE 21 4003.00 CUP 10 WINE MINE THE 5427 TELEGRAPH AVE, STE Di OAKLAND, CA 94609-1967 1 447917 ACTIVE 20 4003.00 Deemed Approved 11 TWO MILE WINES 457 61ST ST OAKLAND, CA 94609-1304 1 504258 ACTIVE 20 4004.00 UNK (Planning Department says "N/A") 12 WALLYS WORLD MARKET 5559 CLAREMONT AVE OAKLAND, CA 94618-1116 1 478685 ACTIVE 20 4004.00 Deemed Approved 13 WILLIAMS MARKET & LIQUOR 5830-5840 TELEGRAPH OAKLAND, CA 94609 1 231824 ACTIVE 21 4004.00 Deemed Approved 14 ALCATEL BOTTLE SHOP & ETHIO DELI 6363 TELEGRAPH AVE OAKLAND, CA 94609 1 414591 ACTIVE 21 4004.00 Deemed Approved 15 WHITE HORSE LIQUORS 6606 TELEGRAPH AVE OAKLAND, CA 94609-1116 1 484128 ACTIVE 21 4004.00 Deemed Approved 16 AIBAN MARKET 701 60TH ST OAKLAND, CA 94609 1 403462 ACTIVE 20 4005.00 Deemed Approved 17 LEES MARKET 2 6342 SHATTUCK AVE OAKLAND, CA 94609-1239 1 478887 ACTIVE 20 4005.00 Deemed Approved Neighborhood Law Corps Report on Liquor Stores 2011 P9 Liquor Stores in Oakland - June 2011 2 Business Name/Address District License Number Status Lic. Type Census Tract Zoning 18 TELEGRAPH ARCO 6407 TELEGRAPH AVE OAKLAND, CA 94609-1111 1 488540 ACTIVE 20 4005.00 Deemed Approved 19 UPTOWN MARKET 5635 SHATTUCK AVE OAKLAND, CA 94609 1 441863 ACTIVE 21 4006.00 Deemed Approved 20 Business Owner: ELZOFRI, T M (no name of business listed) 942 54TH ST OAKLAND, CA 94608 1 238026 ACTIVE 20 4007.00 Deemed Approved 21 SAVE A LOT MARKET 1228 59TH ST OAKLAND, CA 94608 1 416089 SUSPEN 20 4007.00 Deemed Approved 22 ADELINE LIQUOR 5702 ADELINE ST OAKLAND, CA 94608-2816 1 456946 ACTIVE 21 4007.00 Deemed Approved 23 ASA LIQUOR 5909 MARKET ST OAKLAND, CA 94608-1328 1 455227 ACTIVE 21 4007.00 Deemed Approved 24 M & B MARKET 6310 MARKET ST OAKLAND, CA 94608 1 304991 ACTIVE 21 4007.00 Deemed Approved 25 EAST BAY LIQUOR 5350 MARTIN LUTHER KING JR WY OAKLAND, CA 94609 1 319302 ACTIVE 21 4007.00 Deemed Approved 26 KINGS MARKET 5442 MARTIN LUTHER KING JR WY OAKLAND, CA 94609 1 414962 ACTIVE 20 4007.00 CUP 27 GATEWAY SUPERMARKET 5908 SAN PABLO AVE OAKLAND, CA 94608-2206 1 468920 ACTIVE 20 4008.00 Deemed Approved 28 GATEWAY LIQUORS 5944 SAN PABLO AVE OAKLAND, CA 94608 1 244352 ACTIVE 21 4008.00 Deemed Approved 29 65TH STREET MARKET 6444 SAN PABLO AVE OAKLAND, CA 94608-1234 1 468776 ACTIVE 20 4008.00 CUP 30 S M S LIQUORS 1049 55TH ST OAKLAND, CA 94608 1 155612 SUREND 21 4009.00 Tobacco Only 31 CHOICE MEAT MARKET 5676 SAN PABLO AVE OAKLAND, CA 94608 1 412550 ACTIVE 20 4009.00 Deemed Approved 32 GENERAL MARKET AND GROCERY 4301 MARKET ST OAKLAND, CA 94608 1 401434 ACTIVE 21 4010.00 Deemed Approved 33 NORTHSIDE SUPER MARKET 4505 MARKET ST OAKLAND, CA 94608 1 382197 ACTIVE 21 4010.00 Deemed Approved 34 GALLAGHERS LIQUOR 3849 MARTIN LUTHER KING JR WY OAKLAND, CA 94609 1 371499 ACTIVE 21 4010.00 Deemed Approved Neighborhood Law Corps Report on Liquor Stores 2011 P10 Liquor Stores in Oakland - June 2011 3 Business Name/Address District License Number Status Lic. Type Census Tract Zoning 35 MICROS MARKET 4428 MARTIN LUTHER KING JR WY OAKLAND, CA 94609 1 383339 ACTIVE 21 4010.00 Deemed Approved 36 EASY LIQUORS 2900 W MACARTHUR BLVD OAKLAND, CA 94608 (aka 3807 Market St) 1 377203 ACTIVE 21 4010.00 Deemed Approved 37 ARCO AMPM 5131 SHATTUCK AVE OAKLAND, CA 94609- 2008 1 456348 ACTIVE 20 4011.00 CUP 38 Business Owner: HAILEMARIAM, BERHANU (no business name listed) 4875 TELEGRAPH AVE OAKLAND, CA 94609 1 258500 ACTIVE 21 4011.00 Deemed Approved 39 QUIK STOP MARKET 3 66 MACARTHUR BLVD OAKLAND, CA 94610 1 385218 ACTIVE 21 4036.00 Deemed Approved 40 CVS PHARMACY STORE 9130 175 41ST ST OAKLAND, CA 94611-5206 1 477639 ACTIVE 21 4041.00 Deemed Approved 41 7 ELEVEN 2232 18608D 4100 BROADWAY OAKLAND, CA 94611 1 426932 ACTIVE 20 4041.00 Deemed Approved 42 VINO 4027 PIEDMONT AVE OAKLAND, CA 94611 1 328524 ACTIVE 20 4041.00 CUP 43 PIEDMONT GROCERY CO 4030-38 PIEDMONT AVE OAKLAND, CA 94611 1 16493 ACTIVE 21 4041.00 Deemed Approved 44 WINE ON PIEDMONT 4183 PIEDMONT AVE OAKLAND, CA 94611-5109 1 467484 ACTIVE 21 4041.00 CUP - (Planning Department says "NOT ON DA (Deemed Approved) LIST") 45 7 ELEVEN 2232 32181A 4193 PIEDMONT AVE OAKLAND, CA 94611-5133 1 339723 ACTIVE 21 4041.00 Deemed Approved 46 EURO MIX DELICATESSEN 4301 PIEDMONT AVE C OAKLAND, CA 94611-4774 1 506978 ACTIVE 20 4041.00 CUP 47 CVS PHARMACY STORE 3023 5100 BROADWAY OAKLAND, CA 94611-4620 1 477658 ACTIVE 21 4042.00 Deemed Approved 48 SAFEWAY INC 669 5130 BROADWAY OAKLAND, CA 94611 1 194505 ACTIVE 21 4042.00 Deemed Approved 49 VILLAGE MARKET 5885 BROADWAY TER OAKLAND, CA 94618 1 13085 ACTIVE 21 4042.00 Deemed Approved Neighborhood Law Corps Report on Liquor Stores 2011 P11 Liquor Stores in Oakland - June 2011 4 Business Name/Address District License Number Status Lic. Type Census Tract Zoning 50 CONCEITED STAG CELLARS 13042 BROADWAY TER OAKLAND, CA 94611 1 473733 ACTIVE 20 4044.00 UNK - 51 JO JOS MARKET 6400 SHATTUCK AVE OAKLAND, CA 94609-3853 1 40341 ACTIVE 21 4088.00 CUP 52 NEW TINS MARKET 310 7TH ST OAKLAND, CA 94607-4112 2 448563 ACTIVE 20 4030.00 Deemed Approved 53 HONG KEE MARKET 385 8TH ST OAKLAND, CA 94607 2 51463 ACTIVE 21 4030.00 CUP 54 ORIENT MARKET 410-424 SEVENTH ST OAKLAND, CA 94607 2 340845 ACTIVE 21 4030.00 Deemed Approved 55 CHOICE KORNER 198 10TH ST OAKLAND, CA 94607 2 448471 ACTIVE 21 4033.00 Deemed Approved 56 GRAND LAKE MARKET 246 GRAND AVE OAKLAND, CA 94610 2 258226 SUREND 21 4034.00 UNK (Planning Department says "CLOSED") 57 7 ELEVEN STORE 2232 14174 3500 GRAND AVE OAKLAND, CA 94610 2 347999 ACTIVE 20 4038.00 Deemed Approved 58 SAFEWAY INC 1119 3747 GRAND AVE OAKLAND, CA 94610 2 346320 ACTIVE 21 4038.00 Deemed Approved 59 GRAND PIEDMONT LIQUORS 3900 GRAND AVE OAKLAND, CA 94610 2 428875 ACTIVE 21 4038.00 CUP 60 OAKLAND KOSHER FOODS 3419 LAKESHORE AVE OAKLAND, CA 94610 2 388027 ACTIVE 20 4038.00 Deemed Approved 61 NEW GRAND LAKE MARKET 3217 GRAND AVE OAKLAND, CA 94610 2 427415 ACTIVE 21 4039.00 Deemed Approved 62 TRADER JOES 203 3250 LAKESHORE AVE OAKLAND, CA 94610-2720 2 450443 ACTIVE 21 4050.00 CUP 63 DIAMOND SPRINGS VINEYARD 671 CARLSTON AVE OAKLAND, CA 94610- 2422 2 466046 ACTIVE 20 4051.00 UNK (Planning Department says "Home Office - N/A") 64 LUCKYS 736 247 E 18TH ST OAKLAND, CA 94606-1728 2 449717 ACTIVE 21 4053.00 Deemed Approved 65 WALGREENS 301 E 18TH ST OAKLAND, CA 94606-1813 2 485452 ACTIVE 20 4053.00 CUP (Planning Department says "NOT UPDATED ON DA (Deemed Approved) LIST") Neighborhood Law Corps Report on Liquor Stores 2011 P12 Liquor Stores in Oakland -June 2011 5 Business Name/Address District License Number Status Lic. Type Census Tract Zoning 66.94606 CARRIAGE TRADE LIQUORS 350 E 18TH ST OAKLAND, CA 2 338103 ACTIVE 21 4053.00 UNK 67 SYBILS LIQUOR 501 E 18TH ST OAKLAND, CA 94606-2413 2 503207 ACTIVE 21 4054.00 Deemed Approved 68 JAX LIQUOR 502 FOOTHILL BLVD OAKLAND, CA 94606 2 441271 ACTIVE 21 4054.00 Deemed Approved 69 EXPRESS LIQUOR & MARKET 1250 INTERNATIONAL BLVD OAKLAND, CA 94606 2 361086 ACTIVE 21 4054.00 Deemed Approved 70 NEW SAIGON SUPERMARKET 950 INTERNATIONAL BLVD OAKLAND, CA 94606 2 418082 ACTIVE 21 4054.00 Deemed Approved 71 WAH FAY LIQUOR 2101 8TH AVE OAKLAND, CA 94606 2 219169 ACTIVE 21 4055.00 Deemed Approved 72 STAR MARKET 1038 E 21 ST ST OAKLAND, CA 94606 2 389521 ACTIVE 20 4055.00 Deemed Approved 73 DAVES GROCERY & LIQUOR 2484 PARK BLVD OAKLAND, CA 94606 2 417653 ACTIVE 21 4055.00 Deemed Approved 74 N & M 2731 13TH AVE OAKLAND, CA 94606-3223 2 487183 ACTIVE 20 4056.00 Deemed Approved 75 FOOD 24 CONVENIENCE MARKET 2900 PARK BLVD OAKLAND, CA 94610 2 341377 ACTIVE 21 4056.00 Deemed Approved 76 ARCO 3310 PARK BLVD OAKLAND, CA 94610 2 389865 ACTIVE 20 4056.00 CUP 77 A & M LIQUOR 1301 MACARTHUR BLVD OAKLAND, CA 94602 2 487538 ACTIVE 21 4057.00 Deemed Approved 78 HIGHLAND MARKET 2467 HIGHLAND AVE OAKLAND, CA 94606-3549 2 478958 ACTIVE 20 4058.00 Deemed Approved 79 THREE AMIGOS MARKET 1554 13TH AVE OAKLAND, CA 94606 2 412838 ACTIVE 20 4059.00 Deemed Approved 80 BLUE & GOLD MARKET 1811 14TH AVE OAKLAND, CA 94606-3920 2 292061 ACTIVE 21 4059.00 Deemed Approved 81 SUNRISE MARKET 1880 22ND AVE OAKLAND, CA 94606- 4750 2 434782 ACTIVE 20 4059.00 Deemed Approved 82 T & K LIQUOR 1500 23RD AVE OAKLAND, CA 94606 2 317909 ACTIVE 21 4059.00 Deemed Approved 83 ENG LIQUORS 2003 23RD AVE OAKLAND, CA 94606- 4219 2 484639 ACTIVE 21 4059.00 Deemed Approved Neighborhood Law Corps Report on Liquor Stores 2011 P13 Liquor Stores in Oakland - June 2011 6 Business Name/Address District License Number Status Lic. Type Census Tract Zoning 84 SHOPPERS MARKET 2101 23RD AVE OAKLAND, CA 94606-4239 2 375152 ACTIVE 20 4059.00 UNK - (Planning Department says "TOBACCO ONLY") 85 OAKLAND LIQUORS 1335 E 17TH ST OAKLAND, CA 94606- 3932 2 450283 ACTIVE 21 4059.00 Deemed Approved 86 FOOTHILL MARKET 1906 FOOTHILL BLVD OAKLAND, CA 94606 2 408459 ACTIVE 20 4059.00 Deemed Approved 87 PARAMOUNT LIQUOR 2045 FOOTHILL BLVD OAKLAND, CA 94606-4621 2 461466 ACTIVE 21 4059.00 Deemed Approved 88 AKHYAR MARKET 2118 INTERNATIONAL BLVD OAKLAND, CA 94606 2 358213 ACTIVE 20 4059.00 Deemed Approved 89 E & M FOOD MARKET 332 14TH ST OAKLAND, CA 94612 2 419980 ACTIVE 21 4060.00 Deemed Approved 90 PLANET WINE 1000 22ND AVE OAKLAND, CA 94606- 5205 2 487671 ACTIVE . 20 4060.00 Deemed Approved 91 SUN HOP FAT 1 501 E 12TH ST OAKLAND, CA 94606 2 302213 ACTIVE 20 4060.00 CUP 92 JACKSONS LIQUORS 739 E 12TH ST OAKLAND, CA 94606- 3624 2 446948 ACTIVE 21 4060.00 Deemed Approved 93 LIQUOR SECURITY 201 INTERNATIONAL BLVD OAKLAND, CA 94606 2 248624 ACTIVE 21 4060.00 Deemed Approved 94 SANA MARKET 3710 TELEGRAPH AVE OAKLAND, CA 94609 3 500947 ACTIVE 21 4011.00 Deemed Approved 95 SAIGON MARKET 2331 TELEGRAPH AVE OAKLAND, CA 94612 3 190334 ACTIVE 20 4013.00 CUP 96 KOREANA PLAZA MARKET 2370 TELEGRAPH AVE OAKLAND, CA 94612 3 335130 ACTIVE 21 4013.00 CUP 97 TELEGRAPH QUALITY MARKET 2429 TELEGRAPH AVE OAKLAND, CA 94612 3 125138 ACTIVE 21 4013.00 CUP 98 CAPTAIN LIQUOR 2531 MARTIN LUTHER KING JR WAY OAKLAND, CA 94612- 1113 3 474716 ACTIVE 21 4014.00 Deemed Approved 99 BROTHERS MARKET 2837 MARTIN LUTHER KING JR WY OAKLAND, CA 94609 3 212472 ACTIVE 20 4014.00 Deemed Approved 100 S & N MARKET 3222 MARTIN LUTHER KING JR WY OAKLAND, CA 94609 3 369093 ACTIVE 20 4014.00 Deemed Approved Neighborhood Law Corps Report on Liquor Stores 2011 P14 Liquor Stores in Oakland - June 2011 7 Business Name/Address District License Number Status Lic. Type Census Tract Zoning 101 BAY AREA LIQUORS & GROCERIES 3148 SAN PABLO AVE OAKLAND, CA 94608-4534 3 470955 ACTIVE 21 4014.00 Deemed Approved (Planning Department says "CLOSED") 102 N & A MARKET 3147 ADELINE ST OAKLAND, CA 94608 3 339440 ACTIVE 20 4015.00 Deemed Approved 103 NASAN MARKET 3401 ADELINE ST OAKLAND, CA 94608 3 189851 ACTIVE 20 4015.00 Deemed Approved 104 ORLANDO MARKET 2940 LINDEN ST OAKLAND, CA 94608 3 340316 ACTIVE 21 4015.00 Deemed Approved 105 K & D MARKET 1100 24TH ST OAKLAND, CA 94607 3 325971 ACTIVE 20 4016.00 Deemed Approved 106 NICKS LIQUORS 2401 ADELINE ST OAKLAND, CA 94607 3 308306 ACTIVE 21 4016.00 CUP 107 GOLDEN 7 FOOD STORE 2400 MARKET ST OAKLAND, CA 94607-3436 3 386626 ACTIVE 20 4016.00 UNK 108 Business Owner: ALI, DOWLAH MOHAMED (no name of business listed) 1405 34TH ST OAKLAND, CA 94608 3 505571 ACTIVE 21 4017.00 Deemed Approved 109 YEMEN MARKET, THE 1501 34TH ST OAKLAND, CA 94608 3 155212 SUREND 20 4017.00 UNK (Planning Department says "LAPSE IN PROGRESS") 110 ORGANIC WINE COMPANY INC THE 1111 PINE ST OAKLAND, CA 94607 3 302547 ACTIVE 20 4017.00 UNK (Planning Department says "?") 111 FAMILY MARKET 1600 12TH ST OAKLAND, CA 94607-1404 3 468098 ACTIVE 20 4018.00 Deemed Approved 112 HAPPY TIME LIQUOR 1647 8TH ST OAKLAND, CA 94607- 1354 3 283752 ACTIVE 21 4018.00 Deemed Approved 113 SHARIFFS MARKET 1044 WILLOW ST OAKLAND, CA 94607 3 375762 ACTIVE 20 4018.00 Deemed Approved 114 STATE MARKET LIQUORS 707 WILLOW ST OAKLAND, CA 94607-1335 3 288993 ACTIVE 21 4018.00 Deemed Approved 115 TOLIN GROCERY 799 17TH ST OAKLAND, CA 94612 3 20071 ACTIVE 20 4021.00 Deemed Approved 116 CYPRESS MARKET 933 MANDELA PKWY OAKLAND, CA 94607 3 367308 ACTIVE 21 4021.00 Deemed Approved Neighborhood Law Corps Report on Liquor Stores 2011 P15 Liquor Stores in Oakland - June 2011 8 Business Name/Address District License Number Status Lic. Type Census Tract Zoning 117 7TH STREET FOOD & LIQUORS 1460 7TH ST OAKLAND, CA 94607 3 435828 ACTIVE 21 4022.00 Deemed Approved 118 SAV MOR LIQUORS 1333 PERALTA ST OAKLAND, CA 94607 (aka 1607 14th Street) 3 345262 ACTIVE 21 4022.00 Deemed Approved 119 OAKLAND MARKET 1000 18TH ST OAKLAND, CA 94607- 2806 3 476167 ACTIVE 20 4024.00 Deemed Approved 120 SUNBEAM MARKET 1400 ADELINE ST OAKLAND, CA 94607-2810 3 474846 ACTIVE 20 4024.00 Deemed Approved 121 GREEN VALLEY FOODS 749 ADELINE ST OAKLAND, CA 94607 3 366764 ACTIVE 21 4025.00 Deemed Approved 122 BOTTLES LIQUOR 1150 MARKET ST OAKLAND, CA 94607 3 294021 ACTIVE 21 4026.00 Deemed Approved 123 CHEVRON 1784 1700 CASTRO ST OAKLAND, CA 94612 3 414020 ACTIVE 20 4027.00 Deemed Approved 124 MILLENNIUM MARKET 1741 MARKET ST OAKLAND, CA 94607 3 294022 ACTIVE 21 4027.00 Deemed Approved 125 IDEAL MARKET 2036 MARKET ST OAKLAND, CA 94607-3336 3 506590 ACTIVE 20 4027.00 Deemed Approved 126 SAN PABLO LIQUORS 2363- 67 SAN PABLO AVE OAKLAND, CA 94612 3 285198 ACTIVE 21 4027.00 Deemed Approved 127 GRAND ARCO AM PM 889 W GRAND AVE OAKLAND, CA 94607-3453 3 488863 ACTIVE 20 4027.00 Deemed Approved 128 ALEXANDRES MARKET & SPIRITS 1913 SAN PABLO AVE OAKLAND, CA 94612 3 438552 ACTIVE 21 4028.00 CUP 129 BLUE BIRD MARKET 3431 SAN PABLO AVE OAKLAND, CA 94608-4233 3 402443 ACTIVE 21 4028.00 Deemed Approved 130 LAKESIDE MARKET 300 14TH ST OAKLAND, CA 94612-3907 3 485531 ACTIVE 20 4029.00 Deemed Approved 131 HIENS MARKET 1451 HARRISON ST OAKLAND, CA 94612 3 389399 ACTIVE 20 4029.00 CUP 132 CVS PHARMACY STORE 9957 344 THOMAS L BERKLEY WAY OAKLAND, CA 94612- 3577 (aka 3300 Webster) 3 477655 ACTIVE 21 4029.00 UNK (Planning Department says "7^) Neighborhood Law Corps Report on Liquor Stores 2011 P16 Liquor Stores in Oakland -June 2011 9 Business Name/Address District License Number Status Lic. Type Census Tract Zoning 133 SOUZAS LIQUORS 396 12TH ST OAKLAND, CA 94607-4249 3 473605 ACTIVE 21 4030.00 Deemed Approved 134 SMART & FINAL 446 901-933 BROADWAY OAKLAND, CA 94607-4017 3 456439 ACTIVE 21 4030.00 CUP 135 Business Owner: SZETO, DEBORAH (no business name listed) 828 FRANKLIN ST OAKLAND, CA 94607 3 253175 ACTIVE 21 4030.00 Deemed Approved 136 S & A INC 600-606 14TH ST OAKLAND, CA 94612 3 125139 ACTIVE 21 4031.00 Deemed Approved 137 G B RATTO & CO 821 WASHINGTON ST OAKLAND, CA 94607 3 59319 ACTIVE 21 4031.00 Deemed Approved 138 SAMS LIQUOR STORE 907 WASHINGTON ST, STE B OAKLAND, CA 94607 3 353476 SUSPEN 21 4031.00 Deemed Approved 139 COST PLUS 101 CLAY ST OAKLAND, CA 94607 3 223842 ACTIVE 20 4032.00 Deemed Approved 140 BEVMO 525 EMBARCADERO W OAKLAND, CA 94607 3 296633 ACTIVE 21 4032.00 Deemed Approved 141 HOMETOWN DONUT & LIQUOR & FOOD 93 8TH ST OAKLAND, CA 94607 3 425947 ACTIVE 20 4033.00 Deemed Approved 142 SIERRA MARKET & DELI 311 OAK ST C3 OAKLAND, CA 94607 3 435756 ACTIVE 20 4033.00 CUP 143 LAKESIDE MARKET 136 14TH ST OAKLAND, CA 94612 3-Jan 382456 ACTIVE 21 4034.00 Deemed Approved 144 GOURMET MARKET 1549 JACKSON ST OAKLAND, CA 94612 3 483224 ACTIVE 21 4034.00 Deemed Approved 145 COCOA DIVAS CHOCOLATE BAR 1 LAKESIDE DR, APT 601 OAKLAND, CA 94612-4632 3 488676 ACTIVE 20 4034.00 UNK 146 LAKE FOOD CENTER 1585 MADISON ST OAKLAND, CA 94612 3 391380 ACTIVE 21 4034.00 Deemed Approved (Planning Department says "Home Office - N/A") 147 BROADWAY LIQUOR 2860 BROADWAY OAKLAND, CA 94611-5709 3 466474 ACTIVE 21 4035.00 Deemed Approved 148 GROCERY OUTLET 2900 BROADWAY OAKLAND, CA 94611 3 318940 ACTIVE 21 4035.00 Deemed Approved Neighborhood Law Corps Report on Liquor Stores 2011 P17 Liquor Stores in Oakland - June 2011 10 Business Name/Address District License Number Status Lic. Type Census Tract Zoning 149 VERNON MARKET 3210 HARRISON ST OAKLAND, CA 94611 3 374770 ACTIVE 21 4035.00 Deemed Approved 150 WHOLE FOODS MARKET 230 BAY PL OAKLAND, CA 94612- 3805 3 453654 ACTIVE 20 4037.00 CUP 151 LAKE MERRITT SUPER 346 GRAND AVE OAKLAND, CA 94610 3 329290 ACTIVE 21 4037.00 CUP 152 GRAND EXPRESS MARKET 363 GRAND AVE OAKLAND, CA 94610-4827 3 475375 ACTIVE 21 4037.00 Deemed Approved 153 7 ELEVEN STORE 2232 20009D 2350 HARRISON ST OAKLAND, CA 94612 3 409825 ACTIVE 20 4037.00 Deemed Approved 154 BUCKINGHAM WINES & SPIRITS 3293 LAKESHORE AVE OAKLAND, CA 94610 3 243571 ACTIVE 21 4038.00 CUP 155 NEW WORLD KOSHER 525 PRINCE ST, APT C OAKLAND, CA 94610-1668 3 502888 ACTIVE 20 4038.00 UNK (Planning Department says "Home Office - N/A") 156 QUIK STOP MARKET 52 401 MERRITT AVE OAKLAND, CA 94610 3 425099 ACTIVE 21 4052.00 Deemed Approved 157 LUCKYS SPOT MARKET 700 FOOTHILL BLVD OAKLAND, CA 94606 3 322296 ACTIVE 21 4054.00 Deemed Approved 158 MONTCLAIR MART 6773 BROADWAY TER OAKLAND, CA 94611 4 380619 ACTIVE 21 4044.00 Deemed Approved 159 7 ELEVEN 2232 14170 5741 THORNHILL DROAKLAND, CA 94611 4 217635 ACTIVE 20 4044.00 Deemed Approved 160 AUBIN CELLARS 6050 COLTON BLVD OAKLAND, CA 94611-2207 4 389114 ACTIVE 20 4045.00 UNK (Planning Department says "7') 161 TERRA FIRMA WINE COMPANY 6601 COLTON BLVD OAKLAND, CA 94611 4 420026 ACTIVE 20 4045.00 UNK (Planning Department says "Home Office - N/A") 162 FARMSTEAD CHEESES & WINES 6218 LA SALLE AVE OAKLAND, CA 94611-2804 4 461745 ACTIVE 20 4045.00 CUP 163 LUCKYS 734 1963 MOUNTAIN BLVD OAKLAND, CA 94611- 2812 4 449688 ACTIVE 21 4045.00 CUP 164 SAFEWAY INC 654 2096 MOUNTAIN BLVD OAKLAND, CA 94611 4 194509 ACTIVE 21 4045.00 Deemed Approved Neighborhood Law Corps Report on Liquor Stores 2011 P18 Liquor Stores in Oakland - June 2011 11 Business Name/Address District License Number Status Lic. Type Census Tract Zoning 165 DMC INTERNATIONAL LLC 7079 EXETER DR OAKLAND, CA 94611-1519 4 481076 ACTIVE 20 4046.00 UNK (Planning Department says "?") 166 WOODMINSTER MARKET 5000 WOODMINSTER LN OAKLAND, CA 94602 4 434283 ACTIVE 20 4046.00 Deemed Approved 167 ROCKYS MARKET 1440 LEIMERT BLVD OAKLAND, CA 94602-1806 4 458281 ACTIVE 21 4047.00 Deemed Approved 168 VISION LIQUOR AND FOOD MARKET 1615 MACARTHUR BLVD OAKLAND, CA 94602- 1606 4 508941 ACTIVE 21 4047.00 Deemed Approved 169 SAFEWAY INC 908 3550 FRUITVALE AVE OAKLAND, CA 94602 4 194507 ACTIVE 21 4048.00 Deemed Approved 170 TWO STAR LIQUOR 2020 MACARTHUR BLVD OAKLAND,_ CA 94602 4 399518 ACTIVE 21 4049.00 Deemed Approved 171 MID TOWN FOODS 2941 COOLIDGE AVE OAKLAND, CA 94602 4 425156 ACTIVE 20 4065.00 CUP 172 GOLDEN 7 FOOD STORE 13 3115 35TH AVE OAKLAND, CA 94619-1207 4 474832 ACTIVE 21 4066.00 Deemed Approved 173 35TH AVENUE BP 3201 35TH AVE OAKLAND, CA 94619 4 323550 ACTIVE 20 4066.00 CUP 174 CVS PHARMACY STORE 9226 3320 FRUITVALE AVE OAKLAND, CA 94602-2316 4 477643 ACTIVE 21 4066.00 Deemed Approved 175 FARMER JOES MARKETPLACE 3426 FRUITVALE AVE OAKLAND, CA 94602 4 423508 ACTIVE 21 4066.00 CUP 176 7 ELEVEN STORE 2232 18216D 2411 MACARTHUR BLVD OAKLAND, CA 94602 4 408503 ACTIVE 20 4066.00 Deemed Approved 177 VIGNERON IMPORTS 6 BARNER PL OAKLAND, CA 94602 4 345243 ACTIVE 20 4067.00 UNK (Planning Department says "N/A") 178 DALLAS LIQUOR 2604 MACARTHUR BLVD OAKLAND, CA 94602-3206 4 474685 ACTIVE 21 4067.00 Deemed Approved 179 EAST TOWN LIQUOR 2833 MACARTHUR BLVD OAKLAND, CA 94602 4 358142 ACTIVE 21 4067.00 Deemed Approved 180 DIAMOND MARKET 2979 MACARTHUR BLVD OAKLAND, CA 94602 4 488279 ACTIVE 20 4067.00 Deemed Approved Neighborhood Law Corps Report on Liquor Stores 2011 PI9 Liquor Stores in Oakland - June 2011 12 Business Name/Address District License Number Status Lic. Type Census Tract Zoning 181 Business Owner: ALAWDI, ZAKRYA R(no business name listed) 3500 MACARTHUR BLVD OAKLAND, CA 94619 4 299596 ACTIVE 21 4068.00 Deemed Approved 182 LUCKYS 733 4055 MACARTHUR BLVD OAKLAND, CA 94619-1903 4 449697 ACTIVE 21 4069.00 Deemed Approved 183 QUIK STOP MARKET 51 3130 35TH AVE OAKLAND, CA 94619 4 394193 ACTIVE 20 4070.00 Deemed Approved 184 FOUR STAR MARKET 2884 38TH AVE OAKLAND, CA 94619 4 334410 ACTIVE 21 4070.00 Deemed Approved 185 TEA CAKES & JANET 3015 38TH AVE OAKLAND, CA 94619 4 304008 SUREND 21 4070.00 UNK (Planning Department says "LAPSED") Deemed Approved 186 OAKTOWN MARKET 3133 HIGH ST OAKLAND, CA 94619 4 320111 ACTIVE 21 4070.00 187 ISLERS LIQUORS 5285 FOOTHILL BLVD OAKLAND, CA 94601 4 287437 ACTIVE 21 4076.00 Deemed Approved 188 MELROSE MARKET 4840 MELROSE AVE OAKLAND, CA 94601 4 276981 ACTIVE 20 4076.00 Deemed Approved 189 7 ELEVEN 2232 14178B 4720 MACARTHUR BLVD OAKLAND, CA 94619 4 359106 ACTIVE 20 4079.00 Deemed Approved 190 LINCOLN SQUARE LIQUORS 4100 REDWOOD RD, SPC 17 OAKLAND, CA 94619 4 470618 ACTIVE 21 4080.00 Deemed Approved 191 SAVEMORE MARKET & LIQUOR 4219 PARK BLVD OAKLAND, CA 94602 5 350363 ACTIVE 21 4050.00 Deemed Approved 192 QUIK STOP MARKET 56 3132 BEAUMONT AVE OAKLAND, CA 94602 5 409148 ACTIVE 20 4057.00 Deemed Approved 193 PUSHBACK WINES 1091 CALCOT PL, STE 306 OAKLAND, CA 94606-5050 5 465249 ACTIVE 20 4060.00 Deemed Approved 194 K & C SNACK CORNER 2645 14TH AVE OAKLAND, CA 94606 5 365305 ACTIVE 21 4061.00 CUP 195 7 ELEVEN STORE #2232- 26872 324 23RD AVE OAKLAND, CA 94606 5 214555 ACTIVE 20 4061.00 CUP 196 SMART & FINAL 445 1243 42ND AVE OAKLAND, CA 94601-4007 (aka 4117 International Blvd) 5 456440 ACTIVE 21 4061.00 Deemed Approved Neighborhood Law Corps Report on Liquor Stores 2011 P20 Liquor Stores in Oakland - June 2011 13 Business NamelAddress District License Number Status Lic. Type Census Tract Zoning 197 LA BARCA MARKET 2701 E 9TH ST OAKLAND, CA 94601 5 171183 ACTIVE 20 4061.00 Deemed Approved 198 LUCKYS 735 3000 E 9TH ST OAKLAND, CA 94601-2937 5 449698 ACTIVE 21 4061.00 Deemed Approved 199 HIGH STREET FOOD MART 630 HIGH ST OAKLAND, CA 94601 5 197319 ACTIVE 20 4061.00 Deemed Approved 200 GOLDEN HOURS LIQUOR STORE 3201 INTERNATIONAL BLVD OAKLAND, CA 94601 5 145397 ACTIVE 21 4061.00 Deemed Approved 201 KINGS LIQUOR & GROCERY 3715 INTERNATIONAL BLVD OAKLAND, CA 94601-3525 5 416577 ACTIVE 21 4061.00 Deemed Approved 202 MI RANCHO MARKET 1536 23RD AVE OAKLAND, CA 94606-5019 5 464998 ACTIVE 21 4062.00 CUP 203 U & I LIQUOR 2 2710 FOOTHILL BLVD OAKLAND, CA 94601-1759 5 488415 ACTIVE 21 4062.00 Deemed Approved 204 A & A CORNER 2520 FOOTHILL BLVD OAKLAND, CA 94601 5 355434 ACTIVE 20 4062.01 CUP 205 WILLIE BROWNS LIQUOR 1933 FRUITVALE AVE OAKLAND, CA 94601 5 428867 ACTIVE 21 4062.02 Deemed Approved 206 FRUITVALE LIQUOR 2678 FRUITVALE AVE OAKLAND, CA 94601-2033 5 489677 ACTIVE 21 4063.00 CUP 207 BLACK & WHITE MARKET 2681 FRUITVALE AVE OAKLAND, CA 94601 5 411767 ACTIVE 21 4063.00 CUP 208 EDS LIQUORS 2700 23RD AVE OAKLAND, CA 94606 5 324351 ACTIVE 21 4064.00 Deemed Approved 209 S & S MARKET 2235 35TH AVE OAKLAND, CA 94601- 3202 5 453470 ACTIVE 20 4065.00 Deemed Approved 210 QUIK STOP MARKET 7067 2400 FRUITVALE AVE OAKLAND, CA 94601-2502 5 414550 ACTIVE 21 4065.00 CUP 211 SUPERMERCADO MI TIERRA 2758 FRUITVALE AVE OAKLAND, CA 94601-2005 5 370263 ACTIVE 20 4065.00 Deemed Approved 212 SCHOOL MARKET 3051 SCHOOL ST OAKLAND, CA 94602 5 438546 ACTIVE 21 4066.00 CUP 213 QUEEN OF SHEBA MARKET 2286 35TH AVE OAKLAND, CA 94601-3203 5 182419 ACTIVE 21 4071.00 CUP Neighborhood Law Corps Report on Liquor Stores 2011 P21 Liquor Stores in Oakland - June 2011 14 Business Name/Address District License Number Status Lic. Type Census Tract Zoning 214 JALOS MARKET 2267 38TH AVE OAKLAND, CA 94601 5 360698 ACTIVE 20 4071.00 Deemed Approved 215 A & R MARKET 3615 FOOTHILL BLVD OAKLAND, CA 94601 5 285668 ACTIVE 21 4071.00 Deemed Approved 216 LA ESTRELLA MARKET 3800- 06 FOOTHILL BLVD OAKLAND, CA 94601 5 310630 ACTIVE 20 4071.00 Deemed Approved 217 FOOTHILL DISCOUNT LIQUORS 3828 FOOTHILL BLVD OAKLAND, CA 94601 5 343025 ACTIVE 21 4071.00 Deemed Approved 218 LYONS LIQUORS & GROCERIES 4100 FOOTHILL BLVD OAKLAND, CA 94601 5 281220 ACTIVE 21 4071.00 Deemed Approved 219 ALFARDI MARKET 1546 35TH AVE OAKLAND, CA 94601- 3513 5 473209 ACTIVE 20 4072.00 Deemed Approved 220 EVERGREEN PRODUCE 1 3225 FOOTHILL BLVD OAKLAND, CA 94601-3112 5 446788 SUSPEN 20 4072.00 CUP 221 WAH MEI HING MARKET & LIQUOR 3432 INTERNATIONAL BLVD OAKLAND, CA 94601 5 269384 ACTIVE 21 4072.00 Deemed Approved 222 YUMIS MARKET 3501 INTERNATIONAL BLVD OAKLAND, CA 94601 5 393907 ACTIVE 20 4072.00 Deemed Approved 223 SAEEDS MARKET 5035 E 12TH ST OAKLAND, CA 94601 5 361208 ACTIVE 20 4073.00 Deemed Approved 224 BAY FARM PRODUCE LOS MEXICANOS 1244 HIGH ST OAKLAND, CA 94601 5 107763 ACTIVE 21 4073.00 CUP 225 BANCROFT MARKET & LIQUOR 5001 BANCROFT AVE OAKLAND, CA 94601 5 413787 SUREND 21 4074.00 UNK (Planning Department says "DA (Deemed Approved) REVOKED") CUP 226 MI PUEBLO FOOD CENTER 10 1630 HIGH ST OAKLAND, CA 94601 5 429005 ACTIVE 21 4074.00 227 LA RAZA MARKET 5040 INTERNATIONAL BLVD, # B OAKLAND, CA 94601-5265 5 482610 ACTIVE 20 4074.00 CUP 228 PENNY SAVER MARKET & LIQUOR 4800 FOOTHILL BLVD OAKLAND, CA 94601- 5328 5 355460 ACTIVE 21 4076.00 Deemed Approved Neighborhood Law Corps Report on Liquor Stores 2011 P22 Liquor Stores in Oakland - June 2011 15 Business Name/Address District License Number Status Lic. Type Census Tract Zoning 229 Business Owner: ALRAHIMI, SALEH MOHAMED (no business name listed) 2314 HIGH ST OAKLAND, CA 94601 5 426952 ACTIVE 21 4076.00 Deemed Approved 230 HANDY MARKET 1801 57TH AVE OAKLAND, CA 94621 6 425948 ACTIVE 20 4075.00 Deemed Approved 231 SHOP RITE SUPERMARKET 5800 BANCROFT AVE OAKLAND, CA 94605-1371 6 463669 ACTIVE 20 4075.00 Deemed Approved at old address IF this is the same store that used to be located at 5720 Avenal Ave. 232 SAFELAND MARKET 5701 FOOTHILL BLVD OAKLAND, CA 94605 6 415953 ACTIVE 21 4075.00 Deemed Approved 233 J & M LIQUORS 2151 SEMINARY AVE OAKLAND, CA 94621 6 377543 ACTIVE 21 4075.00 Deemed Approved 234 FAIRFAX LIQUORS 5403 FOOTHILL BLVD OAKLAND, CA 94601 6 46945 ACTIVE 21 4076.00 Deemed Approved 235 SEMINARY LIQUORS & GROCERY 2611 SEMINARY AVE OAKLAND, CA 94605 6 307148 ACTIVE 21 4077.00 Deemed Approved 236 SAFEWAY INC 638 4100 REDWOOD RD, STE 2-3 OAKLAND, CA 94619 6 194599 ACTIVE 20 4081.00 Deemed Approved 237 3 M FOOD 6349 MACARTHUR BLVD OAKLAND, CA 94605- 1635 6 442172 ACTIVE 20 4082.00 Deemed Approved 238 Business Owner: ALABI, JOSEPH 0 (no business name listed) 8138 MACARTHUR BLVD OAKLAND, CA 94605 6 224031 ACTIVE 21 4083.00 Deemed Approved 239 SEMINARY GAS & FOOD 6235 SEMINARY AVE OAKLAND, CA 94605 6 406630 ACTIVE 20 4083.00 Deemed Approved 240 ROYAL FOOD 7615 MACARTHUR BLVD OAKLAND, CA 94605 6 396132 ACTIVE 20 4084.00 Deemed Approved 241 Business Owner: FADHLE, GAWHAR (no business name listed) 7629 MACARTHUR BLVD OAKLAND, CA 94605 6 431351 ACTIVE 21 4084.00 Deemed Approved 242 JIMS LIQUORS 8137 MACARTHUR BLVD OAKLAND, CA 94605 6 313495 ACTIVE 21 4084.00 Deemed Approved Neighborhood Law Corps Report on Liquor Stores 2011 P23 Liquor Stores in Oakland -June 2011 16 Business Name/Address District License Number Status Lic. Type Census Tract Zoning 243 NEW MARKET, THE 7475 BANCROFT AVE OAKLAND, CA 94605 6 262004 ACTIVE 20 4085.00 CUP 244 Business Owner: DAIFULLAH, ABDO NASSER (no business name listed) 7717 BANCROFT AVE OAKLAND, CA 94605 6 307744 ACTIVE 21 4085.00 Deemed Approved 245 HOLLY MARKET 7900 HOLLY ST OAKLAND, CA 94621 6 338543 ACTIVE 20 4085.00 Deemed Approved 246 BETTER TRADE MARKET 7838 INTERNATIONAL BLVD OAKLAND, CA 94621 6 425549 ACTIVE 20 4085.00 Deemed Approved 247 STAR LIQUOR 7940 INTERNATIONAL BLVD OAKLAND, CA 94621 6 400446 ACTIVE 21 4085.00 Deemed Approved 248 EDDIES MARKET 1935 73RD AVE OAKLAND, CA 94621 6 506071 ACTIVE 21 4086.00 Deemed Approved 249 GAZZALIS SUPERMARKET 7000 BANCROFT AVE OAKLAND, CA 94605 6 408054 ACTIVE 21 4086.00 Deemed Approved 250 EASTMONT 76 7210 BANCROFT AVE OAKLAND, CA 94605 6 502290 ACTIVE 20 4086.00 Deemed Approved 251 SILVER GAS 7225 BANCROFT AVE OAKLAND, CA 94605 6 378730 SUREND 20 4086.00 Deemed Approved 252 DOLLAR TREE 1249 7200 BANCROFT AVE 100 OAKLAND, CA 94605 6 376442 ACTIVE 20 4086.00 CUP 253 GOLDEN GAS 6600 FOOTHILL BLVD OAKLAND, CA 94605 6 421974 ACTIVE 20 4086.00 CUP 254 FAMILY MARKET 2222 62ND AVE OAKLAND, CA 94605 6 414056 ACTIVE 21 4087.00 Deemed Approved 255 PETES MARKET 6243 AVENAL AVE OAKLAND, CA 94605-1438 6 464477 ACTIVE 20 4087.00 Deemed Approved 256 CHICO LIQUORS 2801 HAVENSCOURT BLVD OAKLAND, CA 94605 6 341383 ACTIVE 21 4087.00 Deemed Approved 257 MILLS FOOD CENTER 5911 MACARTHUR BLVD OAKLAND, CA 94605 6 416198 ACTIVE 21 4087.00 Deemed Approved 258 LA RAZA MARKET 2 1700 SEMINARY AVE OAKLAND, CA 94621 6 391535 ACTIVE 20 4087.00 Deemed Approved Neighborhood Law Corps Report on Liquor Stores 2011 P24 Liquor Stores in Oakland - June 2011 17 Business Name/Address District License Number Status Lic. Type Census Tract Zoning 259 LOS CAMELLEOS TIENDA 5913 INTERNATIONAL BLVD OAKLAND, CA 94621-4202 6 392617 ACTIVE 21 4088.00 Deemed Approved 260 FOOD TOWN MARKET 6421 INTERNATIONAL BLVD OAKLAND, CA 94621-3853 6 335538 SUREND 20 4088,00 CUP 261 ALL MART 6421 INTERNATIONAL BLVD OAKLAND, CA 94621-3853 6 465385 ACTIVE 20 4088.00 CUP 262 BAY SUPERMARKET 1774 82ND AVE OAKLAND, CA 94621-2221 6 447621 ACTIVE 21 4096.00 Deemed Approved 263 ONE STOP LIQUORS 8400 INTERNATIONAL BLVD OAKLAND, CA 94621 6 256235 ACTIVE 21 4096.00 Deemed Approved 264 EAST BAY MARKET 8432 INTERNATIONAL BLVD OAKLAND, CA 94621 6 389814 ACTIVE 21 4096.00 Deemed Approved 265 ADBULLA ALDAHMI 8607 BANCROFT AVE OAKLAND, CA 94605 6 205000 ACTIVE 20 4097.00 UNK (Planning Department says "LAPSED") 266 UNCLE ROSS MARKET 1102 71 ST AVE OAKLAND, CA 94621 7 262382 ACTIVE 20 4088.00 Deemed Approved 267 TOLINS LIQUORS 7101 INTERNATIONAL BLVD OAKLAND, CA 94621 7 441828 ACTIVE 21 4088.00 Deemed Approved 268 CHEVRON STATION 191 98TH AVE OAKLAND, CA 94603- 1003 7 472922 ACTIVE 21 4090.00 CUP 269 BROOKFIELD FOOD CENTER 675 98TH AVE OAKLAND, CA 94603 7 390546 ACTIVE 20 4090.00 Deemed Approved 270 OAKLAND TRIBUNE NEWS 1 AIRPORT DR, TERMINAL 1 OAKLAND, CA 94621-1430 7 480608 ACTIVE 20 4090.00 Deemed Approved 271 OAKLAND WINE MARKET 1 AIRPORT DR, TERMINAL 2 OAKLAND, CA 94621-1430 7 452313 ACTIVE 20 4090.00 Deemed Approved (Planning Department says "PORT JURISDICTION FOR ZONING") 272 VINO VOLO 1 AIRPORT DR, TERMINAL 2 SPACE E6 OAKLAND, CA 94621-1430 7 482205 ACTIVE 20 4090.00 UNK - no "vino volo" listed (Planning Deparmtent says "? - PORT JURISDICTION FOR ZONING") 273 BROOKFIELD LIQUOR 9786 EDES AVE OAKLAND, CA 94603 7 446794 ACTIVE 21 4090.00 Deemed Approved Neighborhood Law Corps Report on Liquor Stores 2011 P25 Liquor Stores in Oakland -June 2011 18 Business Name/Address District License Number Status Lic. Type Census Tract Zoning 274 WALMART STORE 5457 8400 EDGEWATER DR OAKLAND, CA 94621-1468 7 467346 ACTIVE 21 4090.00 Deemed Approved 275 DIAMOND WINE MERCHANTS 7303 EDGEWATER DR, BLDG A UNIT D OAKLAND, CA 94621 3036 7 366606 ACTIVE 20 4090.00 (Planning Deparmtent says "? - PORT JURISDICTION FOR ZONING") 276 J J BUCKLEY 7305 EDGEWATER DR, UNIT D OAKLAND, CA 94621-3034 7 506980 ACTIVE 20 4090.00 (Planning Deparmtent says "? - PORT JURISDICTION FOR ZONING") (Planning Deparmtent says "? - PORT JURISDICTION FOR ZONING") (Planning Deparmtent says "? - PORT JURISDICTION FOR ZONING") CUP 277 WINE COMMUNE COM 7305 EDGEWATER DR, UNIT E OAKLAND, CA 94621-3034 7 506218 ACTIVE 20 4090.00 278 JJ BUCKLEY 7305 EDGEWATER DR, UNIT E OAKLAND, CA 94621-3034 7 506983 ACTIVE 20 4090.00 279 HEGENBERGER SHELL 285 HEGENBERGER RD OAKLAND, CA 94621 7 427041 ACTIVE 20 4090.00 280 CIRCLE K 76 2705191 449 HEGENBERGER RD OAKLAND, CA 94621-1417 7 471418 ACTIVE 20 4090.00 CUP 281 COLISEUM SHELL 540 HEGENBERGER RD OAKLAND, CA 94621 7 305928 ACTIVE 20 4090.00 CUP 282 ARCO AM PM 4494 566 HEGENBERGER RD OAKLAND, CA 94621 7 402287 ACTIVE 20 4090.00 CUP 283 SAFEWAY INC 3126 610 HEGENBERGER RD OAKLAND, CA 94621 7 283768 ACTIVE 21 4090.00 Deemed Approved 284 CAMERON HUGHES WINE 9832 KITTY LANE OAKLAND, CA 94603-1070 7 508861 ACTIVE 20 4090.00 UNK (Planning Deparmtent says "? - PORT JURISDICTION FOR ZONING") Deemed Approved 285 BAYVIEW MARKET & LIQUOR 10459 EDES AVE OAKLAND, CA 94603 7 438956 ACTIVE 21 4092.00 286 MEWS MARKET 992 105TH AVE OAKLAND, CA 94603- 3121 7 335242 ACTIVE 20 4093.00 Deemed Approved Neighborhood Law Corps Report on Liquor Stores 2011 P26 Liquor Stores in Oakland - June 2011 19 Business Name/Address District License Number Status Lic. Type Census Tract Zoning 287 ABES LOTTO LIQUOR 10125 INTERNATIONAL BLVD OAKLAND, CA 94603-3203 7 478365 ACTIVE 21 4093.00 Deemed Approved 288 FOUR BELLS MARKET 1065 98TH AVE OAKLAND, CA 94603 7 414921 ACTIVE 21 4094.00 Deemed Approved 289 POPULAR MARKET 1088 98TH AVE OAKLAND, CA 94603 7 402311 ACTIVE 20 4094.00 Deemed Approved 290 ROBERT CHADDERDON SELECTIONS WEST 9401 SAN LEANDRO ST OAKLAND, CA 94603 7 339196 ACTIVE 20 4094.00 UNK (Planning Department says "N/A WAREHOUSE ONLY") 291 Business Owner: SALEH, FADHL ABDO (no business name listed) 874 85TH AVE OAKLAND, CA 94621 7 244615 ACTIVE 20 4095.00 Deemed Approved 292 NATION LIQUOR 8301 INTERNATIONAL BLVD OAKLAND, CA 94621-1801 7 480147 ACTIVE 21 4095.00 Deemed Approved 293 USA GROCERY & LIQUOR 1944 90TH AVE OAKLAND, CA 94603 7 280844 ACTIVE 21 4096.00 Deemed Approved 294 FOOD KING LIQUOR 8824 INTERNATIONAL BLVD OAKLAND, CA 94621 7 344477 ACTIVE 21 4096.00 Deemed Approved 295 CILLES LIQUORS 8940 INTERNATIONAL BLVD 8940 INTERNATIONAL BLVD 7 419626 ACTIVE 21 4096.00 Deemed Approved 296 ROSS FOODS MARKET 9261 INTERNATIONAL BLVD OAKLAND, CA 94603 7 293924 SUREND 20 4096.00 CUP 297 ROWAID MARKET 2123 90TH AVE OAKLAND, CA 94603 7 183595 ACTIVE 20 4097.00 Deemed Approved 298 GIFT STYLIST 9332 VISTA CT OAKLAND, CA 94603 7 434556 ACTIVE 20 4097.00 UNK (Planning Department says "?") 299 BOTTLENECK LIQUOR 3151 98TH AVE OAKLAND, CA 94605 7 297775 ACTIVE 21 4098.00 Deemed Approved 300 HARRYS DRIVE IN LIQUOR & GROCERY 9002 MACARTHUR BLVD OAKLAND, CA 94605 7 421536 ACTIVE 21 4098.00 Deemed Approved 301 KELLER MARKET 4400 KELLER AVE, STE 100 OAKLAND, CA 94605 7 427410 ACTIVE 20 4099.00 CUP Neighborhood Law Corps Report on Liquor Stores 2011 P27 Liquor Stores in Oakland - June 2011 20 Business Name/Address District License Number Status Lic. Type Census Tract Zoning 302 OAK KNOLL MARKET 7980 MOUNTAIN BLVD OAKLAND, CA 94605-3708 7 472930 ACTIVE 21 4099.00 Deemed Approved 303 M & S SHELL 9750 GOLF LINKS RD OAKLAND, CA 94605 7 209268 ACTIVE 20 4100.00 CUP 304 HUNTS BERRY LIQUOR 10151 FOOTHILL BLVD OAKLAND, CA 94605 7 260565 ACTIVE 21 4101.00 Deemed Approved 305 OAKS MARKET 10501 FOOTHILL BLVD OAKLAND, CA 94605-5227 7 469116 ACTIVE 21 4101.00 CUP 306 S & R ARCO 10600 MACARTHUR BLVD OAKLAND, CA 94605-5254 7 463104 ACTIVE 20 4101.00 CUP 307 BRUCE LIQUORS 10729 MACARTHUR BLVD OAKLAND, CA 94605 7 374489 SUREND 21 4101.00 UNK (Planning Department says "LAPSED") CUP 308 BUTTARS EZ DISCOUNT MARKET 10808 BANCROFT AVE OAKLAND, CA 94603 7 474755 ACTIVE 21 4102.00 309 Q & S MARKET 1524 100TH AVE OAKLAND, CA 94603 7 132432 ACTIVE 20 4103.00 Deemed Approved 310 ABB MARKET 1839 96TH AVE OAKLAND, CA 94603 7 473706 ACTIVE 20 4103.00 Deemed Approved 311 MINI MARKET 2001 96TH AVE OAKLAND, CA 94603 7 318258 ACTIVE 20 4103.00 Deemed Approved 312 HUB LIQUOR STORE 9419 INTERNATIONAL BLVD OAKLAND, CA 94603 7 329345 ACTIVE 21 4103.00 CUP - address is 9415 on other list 313 SUPERMERCADO MI TIERRA 5 9509 INTERNATIONAL BLVD OAKLAND, CA 94603-1445 7 419564 ACTIVE 20 4103.00 Deemed Approved 314 ARCO AM PM 9800 INTERNATIONAL BLVD OAKLAND, CA 94603-2512 7 91323 SUREND 20 4103.00 CUP - why? Other list says TRL only 315 LUCKY TWO 1901 103RD AVE OAKLAND, CA 94603 7 390972 ACTIVE 20 4104.00 Deemed Approved 316 LUSTERS 10625 INTERNATIONAL BLVD OAKLAND, CA 94603 7 332401 ACTIVE 21 4104.00 Deemed Approved INTERNATIONAL 317 FOOD MAXX 417 10950 BLVD OAKLAND, CA 94603-3865 7 423855 ACTIVE 20 4104.00 CUP Neighborhood Law Corps Report on Liquor Stores 2011 P28 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 4, 2014 AGENDA ITEM NO. 19 ITEM TITLE: Scheduling of City Council retreat PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: At the regular business meeting of February 4, 2014, the City Council of the City of Nationaa y provided direction to staff to plan a City Council retreat with an emphasis on policy and strategic planning. Further direction was given to bring back a calendar of events to assist the Council in determining a timeframe for the retreat. In assembling the calendar of events (attachment), staff looked to sources such as the City's internal events calendar, temporary use permit applications, facility use permit applications, the Chamber of Commerce and the local school districts. At this time, staff is still working with the retreat facilitator on his availability. Therefore, staff requests that the City Council provide a multiple dates for staff to work with. A choice of dates will also be helpful in the process of reserving a meeting location. Based on the attached calendar of events, staff recommends that the Council consider the month of June. It is recommended that the retreat occur outside of the regular meeting schedule. Non -Council Tuesdays are given as an option given that Council has a past practice of workshops on such Tuesdays. In the alternative, Friday and Saturday dates are also suggested as a way of establishing the retreats uniqueness, removing it further from the traditional meeting routine. Specific dates recommended are: DEPARTMENT: Administrative Services Tuesdays: June 10 and 24 Fridays: June 6, 13, 20 and 27 Saturdays: 7, 21 and 28 APPROVED FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: MIS N/A ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance STAFF RECOMMENDATION: Authorize staff to schedule a City Council retreat on any of the dates: June 6, 7, 10, 13, 20, 21, 24, 27 and 28, 2014 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Calendar of Events: April — July, 2014 CALtFDPNIA W air" +1PCOSpOB*TSP Calendar of Events April 1 City Council meeting 2 Chamber of Commerce Job Fair* 6 Grandfondo San Diego Bicycle Race* 9 Blood Drive 15 City Council meeting and CDBG Home Hearing 18 St. Anthony's Good Friday Event* 19 Cornerstone Community Easter Egg Hunt* 20 Easter 29 Budget Workshop May 5 Cinco de Mayo 6 City Council meeting 14 Joint City Council/National School District meeting (tentative date) 16 Granger Jr. High Culture Fair* 21 Community Concert Band 26 Memorial Day observed 27 Budget Workshop June 3 City Council meeting 14 Mabuhay Festival 17 City Council meeting/Budget Hearing 18 Tiny Tot Graduation July 1 City Council meeting 3 Independence Day Carnival* 4 Independence Day and Carnival 5 Independence Day Carnival* 6 Independence Day Carnival* 7 Independence Day Carnival* 15 City Council meeting 24 Summer Reading Program Party *Pending City Council Approval MONDAY Chamber of City Council Commerce meeting 1 Job Fair* 2 3 4 5 Grandfondo San Diego Bicycle Race* 6 7 g Blood Drive 9 10 11 12 13 City Council St. Cornerstone meeting and Anthony's Community CDBG Home Good Friday Easter Egg 14 Hearing 15 16 17 Event* 10 Hunt* 19 Easter 20 21 22 23 24 25 26 27 Budget 26 Workshop 29 30 APRIL MARCH MAY NOTES: *Pending City Council Approval MONDAY 1 2 3 4 Cinco de City Council Mayo 5 Meeting 6 7 8 9 10 11 Joint City Council/ National School District 12 13 meeting Community Concert 19 20 Band 21 22 23 24 25 Granger Jr. High Culture 14 15 Fair* 16 17 18 Memorial Day Budget observed 26 Workshop 27 28 29 30 31 MAY 2 '3 4 5 6 10 Li 12 13 1.-! 16 1) 18 19 20 9 1 .1.2. 22 23: 2i2 2 7.7 6 11, 20 29 30 APRIL 30 111111111111111uJE1L1::1'.1, NOTES: *Pending City Council Approval MONDAY WEDNESDAY City Council 2 Meeting 3 4 5 9 City Council meeting/ Budget 16 Hearing 10 11 Tiny Tot 17 Graduation 18 23 24 25 30 JUNE 4 :3 4 12, re' 8 "ld 2. 4 6".L7 -}? 2 7; MAY JULY RI DAY 1 6 7 8 Mabuhay 12 13 Festival 14 15 19 20 26 27 NOTES: 21 22 28 29 City Council Meeting 1 RIDAY Independence Independence Day and Independence Independence 2 Day Carnival* 3 Carnival 4 Day Carnival* 5 Day Carnival* 6 Independence Day Carnival* 7 8 9 10 11 12 13 City Council 14 Meeting 15 16 17 18 19 20 Summer Reading Program 21 22 23 Party 24 28 29 30 31 JUNE JULY AUGUST 25 26 27 NOTES: *Pending City Council Approval