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2014 04-01 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. NA TIONALCITYCA. GOV AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF 1 THE CITY OF NATIONAL CITY COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, APRIL 01, 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 4/1/2014 - 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 interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY COUNCIL MEETINGS. CC/CDC Agenda 4/1/2014 — 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. AB 109 - Public Safety Realignment. Presentation by County of San Diego Probation Department, Probation Chief Mack Jenkins. 2. Presentation - Annual Update: San Diego Electric Railway Association (SDERA) and San Diego Vintage Trolley (SDVT). (R. Mitchel Beauchamp, Director of San Diego Railway Association) 3. Presentation of Certificate to American Diabetes Association for Diabetes Alert Day - 2014 INTERVIEWS / APPOINTMENTS 4. Interviews and Appointments: Traffic Safety Committee and Planning Commission. (City Clerk) CONSENT CALENDAR 5. Approval of the Minutes of the Adjourned Regular Meeting of the City Council of the City of National City of December 10, 2013 and Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of January 21, 2014. (City Clerk) 6. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Memorandum of Understanding between San Diego Association of Governments (SANDAG) and National City regarding construction and maintenance for the portion of Bayshore Bikeway Segments 4 & 5 within National City. (Engineering & Public Works) CC/CDC Agenda 4/1 /2014 — Page 4 7. Resolution of the City Council of the City of National City authorizing the installation of a Red Flashing Beacon above the Stop Sign located on southbound Stockman Street at Cagle Street to enhance safety. (TSC 2014-04) (Engineering & Public Works) 8. Resolution of the City Council of the City of National City authorizing the installation of 3-Minute Passenger Loading for Students Drop-off/Pick-Up on E. 18th Street adjacent to John Otis Elementary School. (TSC 2014- 06). (Engineering & Public Works) 9. Resolution of the City Council of the City of National City authorizing the Mayor to execute the Third Amendment to the Lease Agreement American Digital Outdoor, LP (City Attorney) 10. Temporary Use Permit - American Cancer Society's "Relay for Life of National City" at Kimball Park from August 16, 2014 starting at 9 a.m. and concludes August 17, 2014 at 9 a.m. This is a City co -sponsored event pursuant to City Council Policy #804. (Neighborhood Services) 11. Warrant Register #35 for the period of 2/19/14 through 2/25/14 in the amount of $1,773,848.11. (Finance) 12. Warrant Register #36 for the period of 2/26/14 through 3/04/14 in the amount of $1,971,333.32. (Finance) PUBLIC HEARINGS 13. 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. (Applicant: Peter Crivello) (Case File 2013-29 CUP) (Planning) ORDINANCES FOR INTRODUCTION ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS NEW BUSINESS 14. Notice of Decision - Planning Commission denial of a Conditional Use Permit for a Wireless Communications Facility at 3820 Cagle Street. (Applicant: Plancom, Inc. for Verizon Wireless) (Case File 2014-01 CUP) (Planning) 15. Addendum to Westside Specific Plan Environmental Impact Report (State Clearing House Number 2008071092) pursuant to California Code of CC/CDC Agenda 4/1/2014 — Page 5 Regulations Section 15164) (Case File 2007-34 GPA, ZC, SPA, EIR) (Planning) 16. Continued discussion of a proposed City Council Retreat. (Administrative Services) 17. City of National City Single Audit Report on Federal Awards for the Fiscal Year Ended June 30, 2013. (Finance) 18. Investment Report for the quarter ended December 31, 2013. (Finance) 19. National City War Memorial - Request for City Council discussion and direction. (City Manager) COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY 20. PUBLIC HEARING: Community Development Commission - Housing Authority of the City of National City, Section 8 Rental Assistance Program, Public Housing Agency Plan (PHA), Annual Plan for Fiscal Year 2014 and the Section 8 Administrative Plan for Fiscal Year 2014; and authorizing the submittal of the PHA Plan and Administrative Plan to the U.S. Department of Housing and Urban Development. (Housing, Grants and Asset Management) NEW BUSINESS- HOUSING AUTHORITY 21. Resolution of the Community Development Commission Housing Authority of the City of National City approving the Public Housing Agency Annual Plan (PHA) for Fiscal Year 2014, and authorizing the submittal of the Plan to the U.S. Department of Housing and Urban Development. (Housing, Grants and Asset Management) 22. Resolution of the Community Development Commission - Housing Authority of the City of National City approving the revisions to the Section 8 Administrative Plan, and authorizing submittal of the Plan to the U.S. Department of Housing and Urban Development. (Housing, Grants and Asset Management) STAFF REPORTS MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT CC/CDC Agenda 4/1/2014 — Page 6 Regular City Council/Community Development/Housing Authority of the City of National City Meeting - Tuesday - April 15, 2014 - 6:00 p.m. - Council Chambers - National City, California. ITEM # 4/1 /14/ AB 109 - PUBLIC SAFETY REALIGNMENT PRESENTATION BY COUNTY OF SAN DIEGO PROBATION DEPARTMENT, PROBATION CHIEF MACK JENKINS. ITEM # 4/1/14 County of San Diego Public Safety Update Criminal Justice Realignment Act of 2011 March 17, 2011 The Public Safety Realignment Act of 2011 (AB 109) was passed by the Senate What is AB 109? Impact on County • October 1, 2011 Realignment (AB 109) began Implementation Plan Current Initiatives The County of San Diego's Community Corrections Partnership (CCP) devised the Realignment Implementation Plan to guide the management of Realignment upon its effect on October 1, 2011 • April2014 Breakdown of offenders currently in the community Natio ial City Impact Future Plans CCP Website Presentation by Mack Jenkins, Chief Probation Officer San Diego County Probation Department Future goals of • the CCP Criminal Justice Realignment Act of 2011 CA STATE PRISON Tae• ISQ RIGLI ? San Diego County Sheriff's Department What is Realignment? Permanent Shift of Offender Populations From State to County • Post -Release Offenders (PRO) • Local Custody for non-violent, non -serious, non -sex offenders • Court Revocations for PRO and Parolees 3 New Types of Offenders Now Housed or Supervised Locally Probation 1 170(h) Defendants Post Release Community Supervision (PRCS) Parolees ..................................................................... ................. ....... •Supervised by Probation Departrnent . . . . . . . . & Split Sentences •"Mandatory Supervision" by Probation •This IS a Prison Sentence • Released from State Prison and Supervised by Probation •Revocations in County Jail •On July 1, 2013, we began Parole Revocations. nts, Modifications ... AB 109: Fundamental Changes to the Criminal Justice System Anticipated Impact on San Diego County San Diego County Was Projected to Receive: • At least 2,000 Post -Release Offenders (formerly parolees) • Approximately 2,000 N3's (felons who would have gone to prison but will now serve sentences locally in the jail system) Unknown number of parole violators serving revocation sentences in jail • Realignment Implementation Plan Local Planning Community Corrections Partnership (CCP) & CCP Executive Committee worked together to develop the Realignment Implemental Plan Goal #1 Efficiently Use Jail Capacity Goal #2 Incorporate Reentry Principles Into In -Custody Programming Goal #3 Incorporate Evidence -Based Practices (EBP's) 3 Main Goals of the Implementation Plan saainaas Tuawa euew asep slsaa. nip wopuea/sayaaeas D!poiaad . 2uisnoq reuo!a.!sueal . 2u!u!e.n. !leaon/ssau!peaa )IaoM s leaolnegeq anmu2oD ao uawlea4 asnqe aaueisgns pap!AQ.ld saainaas sa.is!n awo4 paaunouueun/paaunouuy . uo!synaadns anipeoad . 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The second quarter of FY 13-14 (October 1, 2013 through December 31, 2013) revealed: 32% Recidivism Rate 176 out of 542 PRCS & MS offenders had a subsequent felony or misdemeanor conviction during the time of supervision loo aft* 35% Recidivism Rate 153 out of 436 PRCS re -offended 23 out of 106 MS re -offended 22% Recidivism Rate National City Perspective Realigned Offenders Currently Residing in National City: 62 PRCS 13 MS 268 Formal Probation 9 Sex Offenders* Total of 343 offenders on formal probation & 2 on PRC,S1 Probation has 4 Deputy Probation Officers (DPOs) who serve as liaisons to the National City Police Department: DPO Armas- Assigned to PRCS & MS Offenders DPO Thurman- Assigned to High Risk Probationers DPO La Mere- Assigned to the Volunteers of America DPO Spivey- Assigned to Juvenile/CROP Probation runs routine operations with NCPD targeting both realigned and formal probation offenders in the National City area Ongoing collaborative information sharing between Probation and the National City Police Department to include: • The release information of each post -release offender • Residence information • Supervision terms Future Plans • A continued focus on offender engagement in treatment • Implementation of tools to support the Probation supervision model and evidence based practices • Procurement and implementation of a standardized process to determine the appropriate level of services for substance -involved offenders using American Society of Addiction Medicine (ASAM) criteria • Refinement of Probation's role within the Mandatory Supervision plan to provide a continuity of care for the offender to enhance proactive community supervision • Increase the provision of resources to support the need for safe, sanitary and stable housing • Sharing and analysis of data to evaluate system performance, measure outcomes and support justice reinvestment Community Corrections Partnership Website The preliminary implementation plan and other information regarding public safety realignment may be viewed at the Community Corrections Partnership (CCP) website: http://www.sdcounty.ca.gov/probation/ccp.html Thank You! uestions? SAN DIEGO ELECTRIC RAILWAY ASSOCIATION www.sdera.org AN DIEGO VINTAGE TROLLEY, INC. www.sdvintagetrolley.com This brief produced by Jim Price SAN DIEGO ELECTRIC RAILWAY ASSOCIATION Annual Update: San Diego Electric Railway Association (SDERA) and San Diego Vintage Trolley (SDVT) R. Mitchel Beauchamp 1 April 2014 SAN DIEGO VINTAGE TROLLEY, INC. Recent SDERA Activities • National City Depot • Streetcar assets • Speeders • Model railroad exhibit AND WE HAVE SOME REALLY BIG NEWS!! SDERA's home The National City Depot continues to be in great condition Maintenance and upgrades are done as needed Streetcar Assets Restoration work continues on the former Old Spaghetti Factory Birney car and Vienna cars Restoration of "Speeders" We have 3 speeders running including a 1940 Fairmont (not the one pictured) Completed Renewal of Rails in our 3-Railer Model Train Layout • Original Gargraves track (hollow) had worn out • Replaced with Atlas solid rails - thanks to Tim Lewis's Eagle Scout project! • We have been told that ours is the 25th largest model railroad in the country! Car 539 recent addition to SDERA • Built 1946 in St. Louis, operated in St. Louis • 1957 - 1982: operated in San Francisco • 1992 - 2005: sat near Lake Tahoe for a project that never happened • 2006: acquired by San Diego MTS - Considerable restoration work done • 2013: donated to SDERA, moved to National City Depot • Body work, painting underway "as we speak" NEWS FLASH!! • Arrival of Car 54, March 5th, 2014! • Early 1900's SDERy car • Transferred from SD History Center to SDERA • SD County grant for initial preservation / restoration efforts SDERA Plans for Coming Year • Preservation of Car 54 - "pole barn" for protection and work space - Interpretation of this valuable piece of San Diego history • Restoration of Car 539 - Body work, painting - Completion of work started downtown • Continue cataloging library collection • Additional grant writing SDERA Leadership Team Dave Slater, President Tom Carnes, Vice President Jody Surowiec, Secretary Jeff Trimble, Treasurer Directors: Mitch Beauchamp, Jim Anderson, Mike Reneau, Mike Reading, Ed McCann Webmaster: Chris Higgins Gift Shop Manager: Jim Anderson Newsletter Editor: Richard Finch Librarian: Tom Sapien Membership / Docent Coordinator: John DeLalla Regrettably we lost Tom Matson and Charles Smith recently SDERA at National City Depot • Located just west of Bay Marina Drive exit from 1-5 • Open Thursday — Sunday from 9 a.m. to 5 p.m. • Monthly meetings are held on 2nd Saturday at 7 p.m. • Depot houses museum, plus large 3-rail model train layout, and a well -stocked gift shop SDVT Background • Tookdelivery of 2 former San Francisco Muni PCC cars on Dec. 14, 2005 - Harry Mathis addressed a crowd that day • Additional cars have been acquired since • Cars re -numbered 529, 530, 531, 532, 533 & 534 to pick up SDERy sequence • Car 529 now operating as `silver line' interspersed with today's trolley system And we have some really big news! 2009: car 529 had just come out of the paint shop 2010: Car 529 moved under its own • ower! 2011: Silver Line service began operation Car 529 - grace and beauty! Normal Operations on Tuesday, Thursday, Saturday and Sunday Restoration work will continue Recent tour group - Dave Slater - Dennis Frazier - John Tarentino Jr. - Larry Hall - Ron Sutch - Art Aydelotte - Anthony Carideo - Chuck Bencik - Gene Calman - Harry Mathis - Mark Weaver - Bob Recks - Michael Ballard - Dan Kelly - Aaron Donovan - Paul Kimo McGregor - Ross Robinson - George Geyer - Pauly Burshteyn - R.L. Thomas - Nadiya Midgely - Nancy Dock - John L. Lewis - Eddie Herold - Marge McLaughlin - And many others People Who've Made It Happen L to R: Dan Kelly, Aaron Donovan, Dave Slater - Project Manager, Dennis Frazier, Pauly Burstyen, (kneeling) NEWS FLASH!! Arrival of "new" old car March 3rd, 2014 Came from PA Traded for older SD Trolley cars Will be numbered 530 Needs only "cosmetics" Should be 'on track' for 2015 centennial! March 3, m114 Antique streetcar to ride again SAH DIEGO — A 68-year-old trolley car simlar to the Idnd used in San Diego in the 1930s and 1940s was delivered Monday to the Metropoitan Transit System. The President's Conference Committee car wilt be refurbished and placed into service on the MTS' Saver Line, which is a downtown loop starting at the 12th & knperlal Transit Station and running to America Plaza, east on C Street to City College before retumirg to 12th & Imperial. Ihe line opened in December 2011 with another old, rebuilt trolley car. 'The addition of another PCC car to our vintage trolley fleet means that MTS can offer more reiable service to passengers who want to experience a piece of San Diego's transportation history first -hard,' said Harry Mathis, chairman of the MTS board of directors. `This PCC car is similar to the ones that provided service in San Diego from 1936 until the last car was retired in 1949," he said. "Riding one is like stepping back kh time." The new trolley car was acquired in a trade with United Transportation Corp./Rail Air Sources, which makes parts for railroad and light rail systems. The company is getting two decommissioned San Diego trolley cars that win be displayed in museums in Suisun City and Rodddll Furnace, Pa. The red San Diego trolley cars that have been in service for many years are being retired and replaced by the sleeker low -floor vehicles. MTS employees will perform the mostly cosmetic work needed on the newly acquired car, Ike body repair and painting. It wil be singer in appearance to the current vintage car. The renovation is being funded by a $50,000 grant from San Diego Gas & Electric When complete near the end of this year, the interior will display SDG&E photos showing the history of eiectridty-powered transportation in the city. SDVT Plans for coming year • Continued operations of car 529 • Restoration to full operation for 'new' car 530 - In time for 2015 Centennial • With 2 ope.rational cars, daily operation of the Silver Line should be possible ITEM # 3 4/1 /14 PRESENTATION OF CERTIFCATE TO AMERICAN DIABETES ASSOCIATION FOR DIABETES ALERT DAY - 2014 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 1, 2014 •TEM TITLE: Interviews and Appointments: Traffic Safety Committee and Planning Commision. (City Clerk) AGENDA ITEM NO. 4 PREPARED BY: Michael R. Della / DEPARTMENT: City Clirk PHONE: 619-336-4226 APPROVED BY: 9/ EXPLANATION: There is one current vacancy on the Traffic Safety Committee and one expiring term on the Planning Commission. One application has been submitted for the Traffic Safety Committee (Victor Barajas). The incumbent Planning Commissioner, Maria De La Paz, has indicated a desire to continue and there are two new applicants (Janice Martinelli and Hanne Lore Inman). All have been interviewed. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance STAFF RECOMMENDATION: Act to fill the vacancy and expired term. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Item # 5 04/01/14 APPROVAL OF THE MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OF DECEMBER 10, 2013 AND REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF JANUARY 21, 2014. (City Clerk) Book 95 / Page 224 12-10-2013 DRAFT DRAFT DRAFT MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CITY COUNCIL POLICY MANUAL WORKSHOP December 10, 2013 41YF5"L 3' The Adjourned Regular Meeting of the City C• f the City of National City was called to order at 6:04 p.m. by Mayor / Cf1'i £"a a Morrison. ROLL CALL Council Members present: Cano, Mor Council Members absent: Natividad. Administrative Officials present: Cissel, Roberts, Silva, Vergara, Willia Rios, Sotelo-Soli !a, De Duong, Pasta, Raulston, PLEDGE OF ALLEGIANCE TR RON MORRISON PUBLIC ORAL C s_ L h , _ ICATIO NON CONSEN COUNCIL POLIC 1. 200 THROL 50i CLUDES A TING POL'(-) R MENDAT'e TIMON N ON: _ Aj AL C THE CI one. on by Rios, seconded by Sotelo-Solis, to insert ION OF THE CITY COUNCIL OF ING THE AMENDED CHAPTERS OUNCIL POLICY MANUAL, WHICH LICIES 201, 203, 205, 301 AND 402, AND 1, AND 503. (City Manager/City Attorney) the Resolution. larva o Chapter 205 specifying that a copy of an IBAR be furnisl each Council Member. Carried by the following vote, to -wit: Ayes: Cano, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: Natividad. Abstaining: None. Motion by Sotelo-Solis, seconded by Rios, to adopt Resolution 2013-189. Carried by the following vote, to -wit: Ayes: Cano, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: Natividad. Abstaining: None. Book 95 / Page 225 12-10-2013 NEW BUSINESS COUNCIL POLICY MANUAL (102-13-1) 2. City Council review and discussion of proposed Policy updates to the City Council Policy Manual - Chapters 600-1000). (City Manager/City Attorney) RECOMMENDATION: Review proposed policy revisions for Chapters 600-1000. After Council review and preli `nary approval, supporting Resolution(s) will be brought forward to C cir at a subsequent Council Meeting for final adoption. TESTIMONY: None. ACTION: Regarding Policy _.R. Emp a e _Employee Relations. Motion by Sotelo-Solis, s d by Rios, 'a have staff bring back revised language for Po _; #601 clarifying t'`F;$ppointment of a representative by the Cit :ouncil is the exceptl rule. Carried by the followin u .ae, o � 'it: Ayes: Rios, Sotelo-S.� Nays: No nt: Nativida None. Regarding Polic Halogenated Chi Cano, vote, to ne. Ab #705: or ded by Rega more in i Regardin eview Pr tion by W'•sed. rather than the , Morrison, bstaining: Products Containing Fully 's): Motion by Rios, s written. Carried by orrison, Rios, Sotelo- ativid: ® ; bstaining: None. allation of Fire Hydrants: Motion by o, to approve Policy #705 as written. vot=U.-wit: Ayes: Cano, Morrison, Rios, ays: 0'�":�� .' -nt: Natividad. Abstaining: None. Po .. #706: t y-et Light Policy: Staff will bring back ation o vote was taken. olicy'`,'7: Alcohol Beverage License Application ss an • Alcohol Conditional Use Permit Standards: s, Seconded by Cano, to approve Policy #707 as rried by the following vote, to -wit: Ayes: Cano, s, Sotelo-Solis. Nays: None. Absent: Natividad. None. Regarding Policy #709: Installation of Dusk -to -Dawn Lights: No action was taken pending further review. There was no vote. Regarding Policy #710: Residential Permit Parking Program: No action was taken. There was no vote. Regarding Policy #711: Requirements for Submittal of Proposals to Qualify Taxicab or Other Par transit Vehicle Permits: No action was taken. There was no vote. Book 95 / Page 226 12-10-2013 NEW BUSINESS COUNCIL POLICY MANUAL (102-13-1) 2. City Council review and discussion of proposed Policy updates to the City Council Policy Manual - Chapters 600-1000). (City Manager/City Attorney) (continued). ACTION: Regarding Policy #901: Management of Real Property (Sale, Lease, Rental, Surplus): Motion •:.' ano, seconded by Rios, to accept Policy #901 as recommence®;- Carried by the following vote, to -wit: Ayes: Cano, Mors' ios, Sotelo-Solis. Nays: None. Absent: Natividad. Abs g: e. Regarding Policy #902: Str ' °ree R al and Replacement: Motion by Rios, secon Cano, to rove the draft as recommended. Carried a following vote;t it: Ayes: Cano, Morrison, Rios, Sotelo- Nays: None. t: Natividad. Abstaining: None. ADJOURNMENT Motion by Sotelo-Solis, seconder •y Regular Meeting of..ftheCity Coun 'and Co Housing Authorit f .it of Natinal a2013 at 6:00 p at the Goncil Cha unanimous vote.`' nthe meeting to the next elopment Commission — eId— eleitesdav, December 17, tv, California. Carried by City Clerk The foregoing mi £`-.,b�'e approved at the Regular Meeting of April 1, 2014. Mayor Book 96 / Page 1 01-21-2014 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY January 21, 2014 The Regular Meeting of the City Council Commission — Housing Authority of the City at 6:07 p.m. by Mayor / Chairman Ron Mo br pn. ROLL CALL Council / Board members present: Can orrison, Natividad,s Sotelo-Solis. Administrative Officials present: Cissel IIa, Deese, Duon anganiello, Parra, Raulston, Roberts, Ro uez, Silva, ev'on, Williams. PLEDGE OF ALLEGIANCE Tit)' AG BY M ;,•R RON MORRISON Community Development City was called to order PUBLIC ORAL COMMUNICATIO Terry Wyatt, a City Council. d herself to the Mayor and Brian I � r, Natio�)� y, e' red invitation to a fund raising event sponsbre by tlhe`Americari Legion tialf of Palmer Way School on January 24te Geoffre • :chrock, Nati al City, gated his belief that Westfield Plaza Bonita Mall should u . round the; utility oles on their property. CITY COUNCIL PRESENTATIONS COUNCIL MEETING PRESENTATIONS 2014 (102-10-9) 1. 2014 Storm Water Calendar Presentation. (Engineering and Public Works) PERSONNEL NEW EMPLOYEE INTRODUCTION PROGRAM (604-2-2) 2. Introducing Edward Prendell, Management Analyst, Finance Department. (Administrative Services) Book 96 / Page 2 01-21-2014 PRESENTATIONS (cont.) PERSONNEL RECOGNITION 1 APPRECIATION ADMIN (604-2-1) 3. Recognition of Anthony J. Gaut for his 30 years of service to the City of National City. (Engineering and Public Works) INTERVIEWS / APPOINTMENTS BOARDS & COMMISSIONS ADMIN (101-1-1) 4. Interviews and Appointments: Library Boy Trustees. (City Clerk) ACTION: Motion by Morrison, s ° d® Sotelo-Solis, to appoint Maria Patrice Amon to the Libra Boar• 2f=:Trustees. Carried by unanimous vote. CONSENT CALENDAR ADOPTION OF CONSENT .0 through 10 (Resolution No (Warrant Registers). Motion by 8, and to approve the remainder vote. APPROVAL 0 5. APPRO MEETING CITY COUP° USING EMBER 3, CTION: CONTRACT( 6. Resolution -1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NA- 1) AL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH URS CORPORATION TO INCREASE THE NOT -TO -EXCEED AMOUNT OF THE AGREEMENT BY $50,000 AND EXTEND THE TERM OF THE AGREEMENT TO JANUARY 9, 2015 FOR ON -CALL GENERAL ENGINEERING SERVICES, CONSTRUCTION INSPECTIONS AND PROJECT MANAGEMENT SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS. (Funded by various CIP projects) (Engineering and Public Works) ACTION: Adopted. See above. LENDAR. o 5 (Minutes), '° hem Nos. 6 -1 throug 14-5), Item Nos. 11 and 12 conded otelo-Solis, to pull Item No, sent Cal dar. Carried by unanimous OF THE ADJOURNED REGULAR ND COMMUNITY DEVELOPMENT TY OF THE CITY OF NATIONAL E REGULAR MEETING OF THE OMM DEVELOPMENT COMMISSION — OF THE CITY OF NATIONAL CITY OF Ierk) ee above. 5 Book 96 / Page 3 01-21-2014 CONSENT CALENDAR (cont.) CONTRACT (C2009-105) 7. Resolution No. 2014-2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE BIDDING PROCESS BASED ON SPECIAL CIRCUMSTANCES, AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH DAY WIRELESS SYSTEMS, IN AN AMOUNT NOT TO EXCEED $55,109, TO ®`VIDE MAINTENANCE, SERVICE AND INSTALLATION Orq HE CITY'S RADIO COMMUNICATIONS EQUIPMENT, MA INFRASTRUCTURE FOR MOBILE AND PORTABLE RADIOS, d a A°jERVICES AND OTHER PROJECTS AS NEEDED FROM L 1, 20"; HROUGH JUNE 30, 2014. (Police) ACTION: Adopted. S CONTRACT (C2014-1) 8. Resolution No. 2014- NATIONAL CITY: 1) A INTO A MEMORANDU DIEGO (SAN DIEGO DEPARTM;,. ' ND THROU REGIO '(' REAL` GRANT ;, �S OF PARTNER . (C. THE CITY ( iNCIL OF IEF OF POLICE TO ENTER TH THE COUNTY OF SAN NT AND PROBATION EMENT AGENCIES SUPPORT OF THE SE P (R3); 2) ACCEPTING FTHE COMMUNITY CORRECTIONS A. NISTERED THROUGH THE SAN IF ''._ DEPARTMENT AND; 3) E®,F A SEAR 2014 APPROPRIATION OF G REVENUE BUDGET TO SUPPORT AL OF PUBLIC SAFETY. (Police) otelo-Solis, seconded by Rios, to adopt the arried unanimous vote. s made to schedule a presentation by the Sheriff's the State Realignment Program. PARKING & TRAFPE ONTROL ADMIN 2014 (801-2-35) 9. Resolution No. 2014-4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF TIME- AND DAY -RESTRICTED "NO PARKING" - STREET SWEEPING" SIGNS ON BOTH SIDES OF E. 26TH STREET BETWEEN "B" AVENUE AND "D" AVENUE, AND ON THE EAST SIDE OF "B" AVENUE NORTH OF E. 26TH STREET TO ENHANCE SCHEDULED PUBLIC WORKS WEEKLY STREET SWEEPING ACCESS AND MAINTENANCE. (TSC 2013-24) (Engineering and Public Works) ACTION: Adopted. See above. $31,539 AN. AND ITS P ACTION esolution CO AR otion s M COU MENT 1,539 ND RESOLUTI (ZING TH EEME EPART EN ESPON Book 96 I Page 4 01-21-2014 CONSENT CALENDAR (cont.) CONTRACT (C2010-16) 10. Resolution No. 2014-5. RESOLUTION OF THE CITY OF NATIONAL CITY APPROVING A REQUEST FOR A COOPERATIVE WORK AGREEMENT (CWA) TO EXTEND THE BUDGET AUTHORITY FOR THE NATIONAL CITY SAFE ROUTES TO SCHOOL ROUNDABOUT PROJECT AT "D" AVENUE AND E. 12TH t EET, STATE PROJECT NO. SR2SL-5066(018), FROM THE JUNE 014 014 EXPIRATION DATE TO JUNE 30, 2015 TO ALLOW FOR ' t�°'� _ RSEMENT OF ELIGIBLE PROJECT EXPENDITURES AND AU sag I :r THE MAYOR TO SIGN THE CWA REQUEST FORM. (Eng:i a ing an. t).lic Works) ACTION: Adopted. See WARRANT REGISTER JULY 2013 — J 2014 (202-1-28) 11. Warrant Register #23 for the pert ®f 11/ >3 through 03/13 in the amount of $1,391,637., : (Finance) ACTION: Ratifi=`''- above. WARRANT REGISTER JULY 20<,„ - 12. Warrant Re•'; e #24 for t`?=y amount o.56. A.:w;< • N: Ra t.: d. See Item. No. 20 was t NE -28) rough 12/10/13 in the 20. "f;, City `ep ational City Three Year Operating Plan for ough i 17; presentation of high level findings from a rvey report; and request for authorization for the fting of a proposed ballot measure to extend the r-approved ten year district sales tax beyond 2016 to public safety services, prevent cuts to police and fire services and ensure adequate funding for parks, libraries and other City services. (Administrative Services) Copy on file in the Office of the City Clerk. RECOMMENDATION: Accept the report and direct staff to develop and draft a proposed ballot measure. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Natividad, to approve moving forward with a ballot measure. Carried by unanimous vote. Fis recen develop City's prey maintain the entation of ears 201 smmunity - t an 9 Book 96 / Page 5 01-21-2014 PUBLIC HEARINGS CONDITIONAL USE PERMITS 2014 (403-29-1) 13. Public Hearing — Conditional Use Permit for alcohol sales at Redbird Market located at 2035 Highland Avenue. (Applicant: Laith Arabo) (Case File 2013-18 CUP) (Planning) RECOMMENDATION: Staff recommended denial of the Conditional Use Permit. TESTIMONY: Augie Bareno, repress support and responded to questio Irene Duryea, National City, spo Mark Arabo, representing t support. Ninus Malaon, National Charles Alexander, Natio Shannon Zamudio, Nationa ACTION: Moti Sotelo-So Public Hearing. r by unani Motion by Sotelo=Aol econded 10:00 a.m. to 10:00imMinday thro 11:00 ®: m. on Saturd+ Carr iav the Na ®, ' :' s, Sote 'Soli x`x.. N :. Abstai one. Mo rby So Solis, s after ;_. ,. ont, and to ap recmm lions e to -wit Nate. A EXPAR' : DIS disclose • a' t the CONDITIO ': ,: SE P 14. Public for a Wire (Applicant: RECOMMEND Commission. TESTIMONY: None. g the applicant ition. holy. Association, spoke in oppositi ity, spoke in oppos spo ip opposition o ded by Rios, :'6 close the s vote. ios, to change hours to be 1a,Fridav and 10:00 a.m. to ing vote, to -wit: Ayes: lrry,. , Morrison. Absent: spoke in spoke in nded by Rios, to have a status report hive findings for approval and approve a mended. Carried by the following yes: C orison, Rios, Sotelo-Solis. Nays: None. stain: None. SURE: All members of the City Council with the applicant. E ITS 2014 (403-29-1) ditional Use Permit and Coastal Development Permit unications Facility located at 1445 Tidelands Avenue. n Wireless) (Case File 2013-24 CUP, CDP) (Planning) TION: Staff concurs with the decision of the Planning ACTION: Motion by Sotelo-Solis, seconded by Cano, to close the Public Hearing. Carried by unanimous vote. Book 96 / Page 6 01-21-2014 PUBLIC HEARINGS (cont.) CONDITIONAL USE PERMITS 2014 (403-29-1) 15. Public Hearing — Conditional Use Permit for a Wireless Communications Facility located at 2575 East 8th Street. (Applicant: Verizon Wireless) (Case File 2013-26 CUP) (Planning) RECOMMENDATION: Staff concurs with the decision of the Planning Commission. TESTIMONY: None. ACTION: Motion by Sotelo-Solis Public Hearing. Carried by una NON CONSENT RESOLUTIONS CONDITIONAL USE PERMITS 2014 16. Resolution No. 2014-6. RESOLU CITY OF NATIONAL c APPRO AND COASTAL D v®.' MENT COMMUNICATIONS AVENUE. (Applicant: Vet (Planning) RECOM T A Reso CO 17$ Resolution" °® ;. 20 tional Cit : • munication Ve Wireless)' �ENDAT IMO REC AC Resol 9-1) LOCA ded by Cano, to close the le. CITY C tieg IL OF THE NDITIONAL ME,, PERMIT MIT FOR A WIRELESS AT 1445 TIDELANDS ile 2013-24 CUP, CDP) ad, seconded by Rios, to adopt the ous vote. �3-2•-1) .i Reso (in of the City Council of the City of prove a Conditional Use Permit for a Wireless cilityted at 2575 East 8th Street. (Applicant: ase Fi e 2013-26 CUP) (Planning) : Adopt the Resolution. one. tion by Rios, seconded by Natividad, to adopt the Carried by unanimous vote. Member Sotelo-Solis left the Council Chamber at 9:41 p.m. during consideration of Item No. 18. 9 Book 96 / Page 7 01-21-2014 NEW BUSINESS POLICE DEPT ADMIN (302-4-1) 18. Continued Item: Response to request by City Council during the December 17, 2013 meeting directing staff to conduct a follow up report regarding existing animal sales practices by National City pet store owners. (Police) RECOMMENDATION: Accept and File. TESTIMONY: Mr. Bob Hicks and M uben Guerra, National City Pet store owners, were available nd to questions. ACTION: Accepted and filed. T vote. EXPARTE DISCLOSURE: ��; �ers Riosbnd Cano disclosed that they met with Mr. Hicks. STREET VACATION ADMIN 2011-20 : 902-26-6) 19. A Request to Initiate a Street bisecting the block between We between Cleveland a Architect.) (Case File RECOMMENDATION: Vacation to vacate the po 18th Streets. TE .: O (• Randa ��rry t kopone sponde A • ®, .. Mott. ".•by Nati reco endati arried ;; • rnso t-'n: cKinley A -30 SC) .. r_ ,•mmend ay tion to vacate a pt` on of alleyway West 18 "> treets, and Applicant: Ra al J. Ehm, ing) Council initiate a Street en West 16th and West ct and Steve Johnson, stion " tc d spoke in favor. d, seconded by Rios, to approve staff e following vote, to -wit: Ayes: Cano, ys: None. Absent: Sotelo-Solis. hit 20. "`= entation of `1 -. City 0 ational City Three Year Operating Plan for Fis ` ears 201 rough 017; presentation of high level findings from a recen ommunity- rvey report; and request for authorization for the develop :: ,fit an. .fting of a proposed ballot measure to extend the City's prey /® er-approved ten year district sales tax beyond 2016 to maintain the N= � public safety services, prevent cuts to police and fire services and ensure adequate funding for parks, libraries and other City services. (Administrative Services) ACTION: Item was taken earlier in the meeting. See above. COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY NO AGENDA ITEMS 0 Book 96 / Page 8 01-21-2014 STAFF REPORTS POLICE DEPT ADMIN (302-4-1) 21. Post New Year's Eve Update. (Police) Police Chief Manuel Rodriguez reported on the Police Department's Anti - shooting efforts on New Year's Eve. 21a. Update by Executive Director Brad Raulsto;y, the SAGE Project with San Diego State University and how it es to the City's Property Management Plan and Way -Finding Pro MAYOR AND CITY COUNCIL CITY COUNCIL ADMIN (102-16-1) TEMPORARY USE PERMITS 2014 (20 30) 22. Use of Kimball Park for April 18th. Anthony's Church. (C it Initiated) ACTION: Staff will m ` v� church re the planned event to deftermi � _, hat, if was no vote. CITY COUNCIL MARTIN LUT 23. Use of provide an CITY COUNC 24. Request trophy/displa by parishio``-:s from Saint entatives to discuss details of ai ;permits are needed. There ENT '4 101-5-1) and South on February 22, 2014 to urce Fair for the citizens of our city. $;c, and the office of Supervisor Cox. Mo 'i ® by Nati ad, seconded by Rios, to approve the nd have,the City be co-sponsor and waive the fee. Carried -wit: Ayes: Cano, Morrison, Natividad, Rios. otelo-Solis. Abstain: None. 2-16-1) Council consideration of the placement of a e in the Martin Luther King, Jr. Community Center public hallway for the display of city and community awards and recognitions. (Council Initiated) ACTION: Staff to come back with info. Vice Mayor Natividad requested that the Mayor provide an update on the Annual Water Conservation Report and that staff provide information on SB 1 and how it might affect the City. 11 Book96/Page9 01-21-2014 MAYOR AND CITY COUNCIL (cont.) Council Member Rios reported that she recently toured the Metropolitan Water District facilities in Southern California and recommended that those who haven't done so take the tour. Member Rios also advised that she was recently appointed by MTS to serve as an alternate to the LOSA ????? Rail Committee. Mayor Morrison suggested everyone who has an :''portunity should take the Colorado River water educational tours and aced that he would be attending the annual San Diego Association of ments (SANDAG) Retreat. CLOSED SESSION REPORT City Attorney Claudia Silva stated there -9,no Closed S s ADJOURNMENT _. Motion by Rios, seconded atividad, Regular Meeting of the City c13 'Land Coms :a' Development Commission — Housing Authority of the City tita alCity t�e<.held Tuesday, February 4, 2014 at 6:00 p.m. at the CounciIham irk ..Nationaity, California. Carried by unanimous vote. The meeting cl d'o''rn the meetin City Clerk the next The forego ri aminutes approved at the Regular Meeting of April 1, 2014. Mayor CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 1, 2014 AGENDA ITEM NO. 6 fEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Memorandum of Understanding between San Diego Association of Governments (SANDAG) and National City regarding construction and maintenance for the portions of Bayshore Bikeway Segments 4 & 5 within National City PREPARED BY: Stephen Manganiello DEPARTMENT: Engineering and Public Works PHONE: 619-336-4382 APPROVED BY: EXPLANATION: As part of implementation of Segments 4 & 5 of the Bayshore Bikeway (see Exhibit E-1), SANDAG requires execution of the attached MOU to identify agency responsibilities. As stated in the MOU, SANDAG will be responsible for acquiring 100% of the funding to environmentally clear, design and construct the project, as well as administering related activities through construction and project close- out. National City will be required to provide on -going maintenance of those portions of Segments 4 and 5 of the Bayshore Bikeway within National City's jurisdictional limits as illustrated in Exhibit E-2. The Cities of San Diego and Chula Vista have previously entered into similar agreements with SANDAG for maintenance of their portions of the Bayshore Bikeway. This MOU is labeled as Exhibit "E," as it will be included as part of a separate agreement between SANDAG and BNSF. National City's responsibilities are limited to the attached MOU. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Resolution 2. MOU w/ Exhibits E-1 through E-4 MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS AND NATIONAL CITY REGARDING CONSTRUCTION AND MAINTENANCE FOR THE PORTIONS OF BAYSHORE BIKEWAY SEGMENTS 4 & 5 WITHIN NATIONAL CITY This Memorandum of Understanding ("MOU") is made and entered into effective as of this 1 day of April , 2014 by and between the San Diego Association of Governments ("SANDAG") and the City of National City, a municipal corporation ("NATIONAL CITY"). RECITALS The following recitals are a substantive part of this Agreement: WHEREAS, the Bayshore Bikeway is a 24-mile bike route that provides transportation and recreational opportunities for pedestrians and bicyclists around San Diego Bay; and WHEREAS, the San Diego Association of Governments (SANDAG) has taken a lead in developing improvements to the Bikeway under the guidance of the Bayshore Bikeway Working Group, which includes elected officials representing the cities of Chula Vista, Coronado, Imperial Beach, National City and San Diego, the County of San Diego, and a member of the San Diego Unified Port District Board of Port Commissioners, and the bicycling community, and WHEREAS, under the guidance of the Bayshore Bikeway Working Group, SANDAG developed and adopted a Bayshore Bikeway Plan in 2006 to determine how to complete the Bayshore Bikeway as a continuous Class 1 bikeway around San Diego Bay in order to encourage bicycling and walking around San Diego Bay as a means of access to the Bay and the employment and recreational opportunities that the Bay provides; and WHEREAS, SANDAG has obtained the environmental clearance, prepared the construction drawings and obtained financing to construct Segments 4 and 5 of the Bayshore Bikeway, which are in the cities of San Diego and NATIONAL CITY, as depicted in Exhibit E- l; and WHEREAS, SANDAG plans to design, advertise and award a construction contract to construct Segments 4 and 5 of the Bayshore Bikeway in coordination with NATIONAL CITY; and WHEREAS, for the purpose of maintenance and operations, the term PROJECT shall refer to those portions of Segments 4 and 5 of the Bayshore Bikeway within NATIONAL CITY as depicted in Exhibit E-2, and as specifically defined by the as -built drawings for said segments of the Bayshore Bikeway within NATIONAL CITY following submittal by the Engineer of Record and acceptance by the City Engineer for the City of National City, excluding the following: 1 C-70229 CA/PM (Rev 09/07) (a) Any and all existing, new, modified and/or relocated equipment and facilities owned by BNSF including, bait not limited to, crossing signal equipment, crossing signal control housing, crossing surfaces from end -of -tie to end -of -tie, conduit, cable, relays and other materials required to preempt the highway traffic control signals with the grade crossing warning devices, and railroad crossing warning devices up to the contact terminals in the interface box; (b) Any and all existing, new, modified and/or relocated utilities, equipment and facilities owned by agencies other than NATIONAL CITY. WHEREAS, NATIONAL CITY agrees to maintain the PROJECT as -built, until such time the PROJECT is modified or reconstructed in a manner that substantially deviates from the as -built drawings; and WHEREAS, it is likely that NATIONAL CITY will utilize the services of contractors, subcontractors, consultants, or other agents (collectively "CONTRACTORS") for maintenance of the PROJECT; and WHEREAS, the parties wish to memorialize their agreement in this MOU to carry out the purposes set forth above. AGREEMENT NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows: SANDAG AGREES: 1. To acquire 100% of the funding to environmentally clear, design and construct, but not be responsible for any required or ongoing maintenance of, Segments 4 and 5 of the Bayshore Bikeway. 2. To environmentally clear, prepare the construction drawings and obtain all of the approvals to construct Segments 4 and 5 of the Bayshore Bikeway. 3. To provide NATIONAL CITY copies of the improvement plans, specifications and railroad crossing agreements for NATIONAL CITY review and approval a minimum of 30 days prior to entering into a contract for construction of Segments 4 and 5 of the Bayshore Bikeway. 4. To advertise, award and oversee a contract for the construction of Segments 4 and 5 of the Bayshore Bikeway. 5. Neither NATIONAL CITY nor any employee or officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by 2 C-70229 CA/PM (Rev 09/07) SANDAG under or in connection with any work, authority or jurisdiction delegated to SANDAG under this MOU. It is understood and agreed that, pursuant to Government Code Section 895.4, SANDAG shall fully defend, indemnify and save harmless NATIONAL CITY, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SANDAG under or in connection with any work, authority or jurisdiction delegated to SANDAG under this MOU. NATIONAL CITY AGREES: 6. To maintain at its expense the PROJECT and appurtenances constructed until such time the PROJECT is modified or reconstructed in a manner that substantially deviates from the as - built drawings. In performing its maintenance obligations, NATIONAL CITY, directly or through its CONTRACTORS, shall notify BNSF Railway Company ("BNSF"), and shall undertake such maintenance, pursuant to the terms defined below: (a) Any future inspection or maintenance, either routine or otherwise, performed by CONTRACTORS on behalf of NATIONAL CITY, shall require the CONTRACTORS to comply with the provisions of the attached Exhibit E-3 and execute the letter agreement attached hereto as Exhibit E-4. (b) Prior to performing any future maintenance with its own personnel, NATIONAL CITY shall: comply with all of BNSF's applicable safety rules and regulations; require any NATIONAL CITY employee performing maintenance or other work within the BNSF right of way to complete the safety training program at the BNSF's Internet Website "contractororientation.com"; notify BNSF when, pursuant to the requirements of Exhibit E-3, a flagger is required to be present; procure, and have approved by BNSF's Risk Management Department, Railroad Protective Liability insurance. (c) Any other terms of this Agreement relevant to ongoing maintenance work. 7. NATIONAL CITY shall require its employees and CONTRACTORS performing maintenance or other work within the BNSF right of way to notify BNSF's Roadmaster at least thirty (30) calendar days prior to requesting a BNSF flagman in accordance with the requirements of Exhibit E-3 attached hereto. Additionally, NATIONAL CITY must require its employees or CONTRACTORS performing maintenance or other work within the BNSF right of way or within 25 feet of the centerline of any BNSF track to notify BNSF's Manager of Public Projects thirty (30) calendar days prior to commencing work. 8. NATIONAL CITY must include the following provisions in any contract with its CONTRACTORS performing maintenance or other work within the BNSF right of way: (a) The CONTRACTOR is placed on notice that fiber optic, communication and other cable lines and systems (collectively, the "Lines") owned by various telecommunications companies may be buried on BNSF's property or right-of- way. The locations of these Lines have been included on the plans based on 3 C-70229 CA/PM (Rev 09/07) information from the telecommunications companies. The CONTRACTOR will be responsible for contacting BNSF and the telecommunications companies and notifying them of any work that may damage these Lines or facilities and/or interfere with their service. The CONTRACTOR must also mark all Lines shown on the plans or marked in the field in order to verify their locations. The CONTRACTOR must also use all reasonable methods when working in the BNSF right-of-way or on BNSF property to determine if any other Lines (fiber optic, cable, communication or otherwise) may exist. (b) Failure to mark or identify these Lines will be sufficient cause for BNSF to stop construction within the BNSF right of way at no cost to any public entity or BNSF until these items are completed. In addition to the liability terms contained elsewhere in this Agreement, the CONTRACTOR hereby indemnifies, defends and holds harmless BNSF for, from and against all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of CONTRACTOR, its subcontractors, agents and/or employees that cause or in any way or degree contribute to (1) any damage to or destruction of any Lines by CONTRACTOR, and/or its subcontractors, agents and/or employees, on BNSF's property or within BNSF's right-of-way, (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on BNSF's property or within BNSF's right-of-way, and/or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of such telecommunication company(ies). THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY, DEATH, CAUSE OF ACTION OR CLAIM WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE WILLFUL MISCONDUCT OR SOLE NEGLIGENCE OF BNSF. (c) 9. NATIONAL CITY shall complete reviews of copies of the improvement plans, specifications and railroad crossing agreements submitted for NATIONAL CITY review for the construction of Segments 4 and 5 of the Bayshore Bikeway within 21 days of receipt. 10. Neither SANDAG nor any officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by NATIONAL CITY under or in connection with any work, authority or jurisdiction delegated to NATIONAL CITY under this MOU. It is understood and agreed that, pursuant to Government Code Section 895.4, NATIONAL CITY shall fully defend, indemnify and save harmless SANDAG, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by NATIONAL CITY under or 4 C-70229 CA/PM (Rev 09/07) in connection with any work, authority or jurisdiction delegated to NATIONAL CITY under this MOU. The Parties Mutually Agree: 1. That all obligations of SANDAG under the terms of this MOU are subject to the appropriation of the required resources by SANDAG and the approval of the SANDAG Board of Directors. 2. Any notice required or permitted under this MOU may be personally served on the other party, by the party giving notice, or may be served by certified mail, return receipt requested, to the following addresses: For SANDAG 401 B Street, Suite 800 San Diego, CA 92101 Attn: Dean Hiatt, Bayshore Bikeway PM For NATIONAL CITY 1243 National City Boulevard National City, CA 91950 Attn: Stephen Manganiello, Director of Public Works/City Engineer 3. That unless it is amended by the parties in writing, this MOU shall remain in force for so long as the PROJECT improvements remain. 4. The indemnification provisions of this MOU shall survive any termination of the MOU. 5. This MOU shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this MOU, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. 6. All terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 7. For purposes of this MOU, the relationship of the parties is that of independent entities and not as agents of each other or as joint venturers or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. 8. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the parties hereto who shall be vested with the authority to effect such amendment, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 9. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights in third parties to this MOU or affect the legal liability of the parties to this MOU to third parties. 5 C-70229 CA/PM (Rev 09/07) 10. This MOU may be executed in any number of identical counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument when each party has signed one such counterpart. IN WITNESS WHEREOF, the Parties hereto have executed this MOU effective on the day and year first above written. SAN DIEGO ASSOCIATION OF CITY OF NATIONAL CITY GOVERNMENTS GARY L. GALLEGOS RON MORRISON Executive Director Mayor APPROVED AS TO FORM: APPROVED AS TO FORM: Office of General Counsel CLAUDIA G. SILVA City Attorney 6 C-70229 CA/PM (Rev 09/07) Legend NAVAL BASE SAN DIEGO i.. CITY LIMITS ---- Mean High Tide Line Navy Right of Way Bike Path Owner City of National City •••0.0.—• City of San Diego Unified Port of San Diego EXHIBIT E-1 6 S' 3 • BAYSHORE BIKEWAY SEGMENTS 4 & 5 VICINITY MAP TYLIN INTERNATIONAL Date: 3/17/2014 EXHIBIT E-2 NAVAL BASE SAN DIEGO Naval Base San Diego cmCity Limits --�- Mean High Tide Line -.~ Navy Right of Way City of National City City of San Diego BAYSHORE BIKEWAY SEGMENTS 4 & 5 NATIONAL CITY JURISDICTION MAP TYLININTERNATIONAL Date: 3/17/2014 EXHIBIT "E-3" CONTRACTOR REQUIREMENTS Bayshore Bikeway Maintenance within BNSF Railway Property crossing Tidelands Avenue at W. 19th Street and W. 8th Street at Harbor Drive in National City, CA 1.01 General • 1.01.01 The Contractor for the City of National City ("City") must cooperate with BNSF RAILWAY COMPANY, hereinafter referred to as "Railway" where work is over or under on or adjacent to Railway property and/or right-of-way, hereafter referred to as "Railway Property", as part of the following project: Bayshore Bikeway Maintenance within BNSF Railway Property crossing Tidelands Avenue at W. 19th Street and W. 8th Street at Harbor Drive in National City, CA. • 1.01.02 The Contractor must execute and deliver to the Railway duplicate copies of the Exhibit E-4 Agreement, in the form attached hereto, obligating the Contractor to provide and maintain in full force and effect the insurance called for under Section 3 of said Exhibit E-4. Questions regarding procurement of the Railroad Protective Liability Insurance should be directed to Rosa Martinez at Marsh, USA, 214-303-8519. • 1.01.03 The Contractor must plan, schedule and conduct all work activities so as not to interfere with the movement of any trains on Railway Property. • 1.01.04 The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause the Contractor's work on Railway's Property to cease if, in the opinion of Railway, Contractor's activities create a hazard to Railway's Property, employees, and/or operations. Railway will have the right to stop construction work on the Project if any of the following events take place: (i) Contractor (or any of its subcontractors) performs the Project work in a manner contrary to the plans and specifications approved by Railway; (ii) Contractor (or any of its subcontractors), in Railway's opinion, prosecutes the Project work in a manner which is hazardous to Railway property, facilities or the safe and expeditious movement of railroad traffic; (iii) the insurance described in the attached Exhibit E-4 is canceled during the course of the Project; or (iv) Contractor fails to pay Railway for the Temporary Construction License or the Easement. The work stoppage will continue until all necessary actions are taken by Contractor or its subcontractor to rectify the situation to the satisfaction of Railway's Division Engineer or until additional insurance has been delivered to and accepted by Railway. In the event of a breach of (i) the Exhibit E-4 Agreement, (ii) the Temporary Construction License, or (iii) the Easement, Railway may immediately terminate the Temporary Construction License or the Easement. Any such work stoppage under this provision will not give rise to any liability on the part of Railway. Railway's right to stop the work is in addition to any other rights Railway may have including, but not limited to, actions or suits for damages or lost profits. In the event that Railway desires to stop construction work on the Project, Railway agrees to immediately notify the following individual in writing: Page 1 of 11 Stephen Manganiello Director of Public Works/City Engineer City of National City Department of Engineering & Public Works 1243 National City Boulevard National City, CA 91950 • 1.01.05 The Contractor is responsible for determining and complying with all Federal, State and Local Governmental laws and regulations, including, but not limited to environmental laws and regulations (including but not limited to the Resource Conservation and Recovery Act, as amended; the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA), and health and safety laws and regulations. The Contractor hereby indemnifies, defends and holds harmless Railway for, from and against all fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Railway which arise out of Contractor's work under the Exhibit E-4 Agreement. • 1.01.06 The Contractor must notify Stephen Manganiello, hereinafter referred to as ("City") and Railway's Manager of Public Projects, telephone number 909-386-4472 at least thirty (30) calendar days before commencing any work on Railway Property. Contractor's notification to Railway must refer to Railway's file BF1000 • 1.01.07 For any bridge demolition and/or falsework above any tracks or any excavations located with any part of the excavations located within, whichever is greater, twenty-five (25) feet of the nearest track or intersecting a slope from the plane of the top of rail on a 2 horizontal to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest track, both measured perpendicular to center line of track, the Contractor must furnish the Railway five sets of working drawings showing details of construction affecting Railway Property and tracks. The working drawing must include the proposed method of installation and removal of falsework, shoring or cribbing, not included in the contract plans and two sets of structural calculations of any falsework, shoring or cribbing. For all excavation and shoring submittal plans, the current "BNSF-UPRR Guidelines for Temporary Shoring" must be used for determining the design loading conditions to be used in shoring design, and all calculations and submittals must be in accordance with the current "BNSF-UPRR Guidelines for Temporary Shoring". All submittal drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. All calculations must take into consideration railway surcharge loading and must be designed to meet American Railway Engineering and Maintenance -of -Way Association (previously known as American Railway Engineering Association) Coopers E-80 live loading standard. All drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. The Contractor must not begin work until notified by the Railway that plans have been approved. The Contractor will be required to use lifting devices such as, cranes and/or winches to place or to remove any falsework over Railway's tracks. In no case will the Contractor be relieved of responsibility for results obtained by the implementation of said approved plans. • 1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with the Contractor such that the work may be handled and performed in an efficient manner. The Contractor will have no claim whatsoever for any type of damages or for extra or additional compensation in the event his work is delayed by the Railway. Page 2 of 11 1.02 Contractor Safety Orientation • 1.02.01 No employee of the Contractor, its subcontractors, agents or invitees may enter Railway Property without first having completed Railway's Engineering Contractor Safety Orientation, found on the web site www.contractororientation.com. The Contractor must ensure that each of its employees, subcontractors, agents or invitees completes Railway's Engineering Contractor Safety Orientation through internet sessions before any work is performed on the Project. Additionally, the Contractor must ensure that each and every one of its employees, subcontractors, agents or invitees possesses a card certifying completion of the Railway Contractor Safety Orientation before entering Railway Property.. The Contractor is responsible for the cost of the Railway Contractor Safety Orientation. The Contractor must renew the Railway Contractor Safety Orientation annually. Further clarification can be found on the web site or from the Railway's Representative. 1.03 Railway Requirements • 1.03.01 The Contractor must take protective measures as are necessary to keep railway facilities, including track ballast, free of sand, debris, and other foreign objects and materials resulting from his operations. Any damage to railway facilities resulting from Contractor's operations will be repaired or replaced by Railway and the cost of such repairs or replacement must be paid for by Contractor. • 1.03.02 The Contractor must notify the Railway's Division Engineer at 909-386-4504 and provide blasting plans to the Railway for review seven (7) calendar days prior to conducting any blasting operations adjacent to or on Railway's Property. • 1.03.03 The Contractor must abide by the following temporary clearances during construction: • 15'-0" Horizontally from centerline of nearest track • 21'-6" Vertically above top of rail • 27'-0" Vertically above top of rail for electric wires carrying less than 750 volts • 28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts • 30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts • 34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts • 1.03.04 Upon completion of construction, the following clearances shall be maintained: • 25' Horizontally from centerline of nearest track • 24.5' Vertically above top of rail • 1.03.05 Any infringement within State statutory clearances due to the Contractor's operations must be submitted to the Railway and to the City and must not be undertaken until approved in writing by the Railway, and until the City has obtained any necessary authorization from the State Regulatory Authority for the infringement. No extra compensation will be allowed in the event the Contractor's work is delayed pending Railway approval, and/or the State Regulatory Authority's approval. Page 3 of 11 • 1.03.06 In the case of impaired vertical clearance above top of rail, Railway will have the option of installing tell -tales or other protective devices Railway deems necessary for protection of Railway operations. The cost of tell -tales or protective devices will be borne by the Contractor. • 1.03.07 The details of construction affecting the Railway's Property and tracks not included in the contract plans must be submitted to the Railway by the Contractor for approval before work is undertaken and this work must not be undertaken until approved by the Railway. • 1.03.08 At other than public road crossings, the Contractor must not move any equipment or materials across Railways tracks until permission has been obtained from the Railway. The Contractor must obtain a "Temporary Construction Crossing Agreement" from the Railway prior to moving his equipment or materials across the Railways tracks. The temporary crossing must be gated and locked at all times when not required for use by the Contractor. The temporary crossing for use of the Contractor will be constructed and, at the completion of the project, removed at the expense of the Contractor. • 1.03.09 Discharge, release or spill on the Railway Property of any hazardous substances, oil, petroleum, constituents, pollutants, contaminants, or any hazardous waste is prohibited and Contractor must immediately notify the Railway's Resource Operations Center at 1(800) 832-5452, of any discharge, release or spills in excess of a reportable quantity. Contractor must not allow Railway Property to become a treatment, storage or transfer facility as those terms are defined in the Resource Conservation and Recovery Act or any state analogue. • 1.03.10 The Contractor upon completion of the work covered by this contract, must promptly remove from the Railway's Property all of Contractor's tools, equipment, implements and other materials, whether brought upon said property by said Contractor or any Subcontractor, employee or agent of Contractor or of any Subcontractor, and must cause Railway's Property to be left in a condition acceptable to the Railway's representative. 1.04 Contractor Roadway Worker on Track Safety Program and Safety Action Plan • 1.04.01 Each Contractor that will perform work within 25 feet of the centerline of a track must develop and implement a Roadway Worker Protection/On Track Safety Program and work with Railway Project Representative to develop an on track safety strategy as described in the guidelines listed in the on track safety portion of the Safety Orientation. This Program must provide Roadway Worker protection/on track training for all employees of the Contractor, its subcontractors, agents or invitees. This training is reinforced at the job site through job safety briefings. Additionally, each Contractor must develop and implement the Safety Action Plan, as provided for on the web site www.contractororientation.com, which will be made available to Railway prior to commencement of any work on Railway Property. During the performance of work, the Contractor must audit its work activities. The Contractor must designate an on -site Project Supervisor who will serve as the contact person for the Railway and who will maintain a copy of the Safety Action Plan, safety audits, and Material Safety Datasheets (MSDS), at the job site. 1.05 Railway Flagger Services: • 1.05.01 The Contractor must give Railway's Roadmaster (telephone 909-386-4061) a minimum of thirty (30) calendar days advance notice when flagging services will be required Page 4 of 11 so that the Roadmaster can make appropriate arrangements (i.e., bulletin the flagger's position). If flagging services are scheduled in advance by the Contractor and it is subsequently determined by the parties hereto that such services are no longer necessary, the Contractor must give the Roadmaster five (5) working days advance notice so that appropriate arrangements can be made to abolish the position pursuant to union requirements. • 1.05.02 Unless determined otherwise by Railway's Project Representative, Railway flagger will be required and furnished when Contractor's work activities are located over, under and/or within twenty-five (25) feet measured horizontally from centerline of the nearest track and when cranes or similar equipment positioned beyond 25-feet from the track centerline could foul the track in the event of tip over or other catastrophic occurrence, but not limited thereto for the following conditions: • 1.05.02a When, upon inspection by Railway's Representative, other conditions warrant. • 1.05.02b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's representative, track or other Railway facilities may be subject to movement or settlement. • 1.05.02c When work in any way interferes with the safe operation of trains at timetable speeds. • 1.05.02d When any hazard is presented to Railway track, communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity. • 1.05.02e Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment which might result in making the track impassable. • 1.05.03 Flagging services will be performed by qualified Railway flaggers. • 1.05.03a Flagging crew generally consists of one employee. However, additional personnel may be required to protect Railway Property and operations, if deemed necessary by the Railways Representative. • 1.05.03b Each time a flagger is called, the minimum period for billing will be the eight (8) hour basic day. • 1.05.03c The cost of flagger services provided by the Railway will be borne by the Contractor. The estimated cost for one (1) flagger is approximately between $800.00- $1,600.00 for an eight (8) hour basic day with time and one-half or double time for overtime, rest days and holidays. The estimated cost for each flagger includes vacation allowance, paid holidays, Railway and unemployment insurance, public liability and property damage insurance, health and welfare benefits, vehicle, transportation, meals, lodging, radio, equipment, supervision and other costs incidental to performing flagging services. Negotiations for Railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase actual or estimated flagging rates. THE FLAGGING RATE IN EFFECT AT THE TIME OF PERFORMANCE BY THE CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE THE ACTUAL Page 5 of 11 COSTS OF FLAGGING PURSUANT TO THIS PARAGRAPH. 1.06 Contractor General Safety Requirements • 1.06.01 Work in the proximity of railway track(s) is potentially hazardous where movement of trains and equipment can occur at any time and in any direction. All work performed by contractors within 25 feet of any track must be in compliance with FRA Roadway Worker Protection Regulations. • 1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing must be conducted with all personnel involved with the task and repeated when the personnel or task changes. If the task is within 25 feet of any track, the job briefing must include the Railway's flagger, as applicable, and include the procedures the Contractor will use to protect its employees, subcontractors, agents or invitees from moving any equipment adjacent to or across any Railway track(s). • 1.06.03 Workers must not work within 25 feet of the centerline of any track without an on track safety strategy approved by the Railway's Project Representative. When authority is provided, every contractor employee must know: (1) who the Railway flagger is, and how to contact the flagger, (2) limits of the authority, (3) the method of communication to stop and resume work, and (4) location of the designated places of safety. Persons or equipment entering flag/work limits that were not previously job briefed, must notify the flagger immediately, and be given a job briefing when working within 25 feet of the center line of track. • 1.06.04 When Contractor employees are required to work on the Railway Property after normal working hours or on weekends, the Railway's representative in charge of the project must be notified. A minimum of two employees must be present at all times. • 1.06.05 Any employees, agents or invitees of Contractor or its subcontractors under suspicion of being under the influence of drugs or alcohol, or in the possession of same, will be removed from the Railway's Property and subsequently released to the custody of a representative of Contractor management. Future access to the Railway's Property by that employee will be denied. • 1.06.06 Any damage to Railway Property, or any hazard noticed on passing trains must be reported immediately to the Railway's representative in charge of the project. Any vehicle or machine which may come in contact with track, signal equipment, or structure (bridge) and could result in a train derailment must be reported immediately to the Railway representative in charge of the project and to the Railway's Resource Operations Center at 1(800) 832-5452. Local emergency numbers are to be obtained from the Railway representative in charge of the project prior to the start of any work and must be posted at the job site. • 1.06.07 For safety reasons, all persons are prohibited from having pocket knives, firearms or other deadly weapons in their possession while working on Railway's Property. • 1.06.08 All personnel protective equipment (PPE) used on Railway Property must meet applicable OSHA and ANSI specifications. Current Railway personnel protective equipment requirements are listed on the web site, www.contractororientation.com, however, a partial list of the requirements include: a) safety glasses with permanently affixed side shields (no Page 6 of 11 yellow lenses); b) hard hats c) safety shoe with: hardened toes, above -the -ankle lace -up and a defined heel; and d) high visibility retro-reflective work wear. The Railway's representative in charge of the project is to be contacted regarding local specifications for meeting requirements relating to hi -visibility work wear. Hearing protection, fall protection, gloves, and respirators must be worn as required by State and Federal regulations. (NOTE — Should there be a discrepancy between the information contained on the web site and the information in this paragraph, the web site will govern.) • 1.06.09 THE CONTRACTOR MUST NOT PILE OR STORE ANY MATERIALS, MACHINERY OR EQUIPMENT CLOSER THAN 25'-0" TO THE CENTER LINE OF THE NEAREST RAILWAY TRACK. MATERIALS, MACHINERY OR EQUIPMENT MUST NOT BE STORED OR LEFT WITHIN 250 FEET OF ANY HIGHWAY/RAIL AT -GRADE CROSSINGS OR TEMPORARY CONSTRUCTION CROSSING, WHERE STORAGE OF THE SAME WILL OBSTRUCT THE VIEW OF A TRAIN APPROACHING THE CROSSING. PRIOR TO BEGINNING WORK, THE CONTRACTOR MUST ESTABLISH A STORAGE AREA WITH CONCURRENCE OF THE RAILWAY'S REPRESENTATIVE. • 1.06.10 Machines or vehicles must not be left unattended with the engine running. Parked machines or equipment must be in gear with brakes set and if equipped with blade, pan or bucket, they must be lowered to the ground. All machinery and equipment left unattended on Railway's Property must be left inoperable and secured against movement. (See internet Engineering Contractor Safety Orientation program for more detailed specifications) • 1.06.11 Workers must not create and leave any conditions at the work site that would interfere with water drainage. Any work performed over water must meet all Federal, State and Local regulations. • 1.06.12 All power line wires must be considered dangerous and of high voltage unless informed to the contrary by proper authority. For all power lines the minimum clearance between the lines and any part of the equipment or load must be; 200 KV or below - 15 feet; 200 to 350 KV - 20 feet; 350 to 500 KV - 25 feet; 500 to 750 KV - 35 feet; and 750 to 1000 KV - 45 feet. If capacity of the line is not known, a minimum clearance of 45 feet must be maintained. A person must be designated to observe clearance of the equipment and give a timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual means. 1.07 Excavation: • 1.07.01 Before excavating, the Contractor must determine whether any underground pipe lines, electric wires, or cables, including fiber optic cable systems are present and located within the Project work area. The Contractor must determine whether excavation on Railway's Property could cause damage to buried cables resulting in delay to Railway traffic and disruption of service to users. Delays and disruptions to service may cause business interruptions involving loss of revenue and profits. Before commencing excavation, the Contractor must contact BNSF's Field Engineering Representative (909-386-4079). All underground and overhead wires will be considered HIGH VOLTAGE and dangerous until verified with the company having ownership of the line. It is the Contractor's responsibility to notify any other companies that have Page 7 of 11 underground utilities in the area and arrange for the location of all underground utilities before excavating. • 1.07.02 The Contractor must cease all work and notify the Railway immediately before continuing excavation in the area if obstructions are encountered which do not appear on drawings. If the obstruction is a utility and the owner of the utility can be identified, then the Contractor must also notify the owner immediately. If there is any doubt about the location of underground cables or lines of any kind, no work must be performed until the exact location has been determined. There will be no exceptions to these instructions. • 1.07.03 All excavations must be conducted in compliance with applicable OSHA regulations and, regardless of depth, must be shored where there is any danger to tracks, structures or personnel. • 1.07.04 Any excavations, holes or trenches on the Railway's Property must be covered, guarded and/or protected when not being worked on. When leaving work site areas at night and over weekends, the areas must be secured and left in a condition that will ensure that Railway employees and other personnel who may be working or passing through the area are protected from all hazards. All excavations must be back filled as soon as possible. 1.08 Hazardous Waste, Substances and Material Reporting: • 1.08.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious material, including but not limited to any non -containerized commodity or material, on or adjacent to Railway's Property, in or near any surface water, swamp, wetlands or waterways, while performing any work under the Exhibit E-4 Agreement, Contractor must immediately: (a) notify the Railway's Resource Operations Center at 1(800) 832-5452, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents and/or third parties: and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release. Page 8 or 11 1.09 Personal Injury Reporting • 1.09.01 The Railway is required to report certain injuries as a part of compliance with Federal Railroad Administration (FRA) reporting requirements. Any personal injury sustained by an employee of the Contractor, subcontractor or Contractor's invitees while on the Railway's Property must be reported immediately (by phone mail if unable to contact in person) to the Railway's representative in charge of the project. The Non -Employee Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at 1(817) 352-7595 and to the Railway's Project Representative no later than the close of shift on the date of the injury. Page 9 of 11 ASP/'I/SF RA/L WA NON -EMPLOYEE PERSONAL INJURY DATA COLLECTION (If injuries are in connection with rail equipment accident/incident, highway rail grade crossing accident or automobile accident, ensure that appropriate information is obtained, forms completed and that data entry personnel are aware that injuries relate to that specific event.) Injured Person Type: Passenger on train (C) Non -employee (N) (i.e, emp of another railroad, or, non -NSF emp involved in vehicle accident, including company vehicles) Contractor/safety sensitive (F) Contractor/non-safety sensitive (G) Volunteer/safety sensitive (H) n Volunteer/other non -safety sensitive (I) Non -trespasser (0) - to include highway users involved in highway rail grade crossing accidents who did not go around or through gates Trespasser (E) - to include highway users involved in highway rail grade crossing accidents who went around or through gates UNon -trespasser (J) - Off Railway Property If train involved, Train ID: Transmit attached information to Accident/Incident Reporting Canter by: Fax 1-817-352-7595 or by Phone I-800-897-6736 or email to: Accident-Reporting.CenterNBNSF.com Officer Providing Information: (Name) (Employee No.) (Phone #) REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMENTS AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 490 Page 10 of 11 NON -EMPLOYEE PERSONAL INJURY DATA COLLECTION INFORMATION REHIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IT IS NOT INTENDED TO PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABIITY I. Accident City/St: 2: Date: Time:: County: 3. Temperature: 4. Weather: (if non BNSF location) Mile Post / line Segment 5. Driver's License No. (and state) or other ID: SSN(required): 6. Name (last, first, mi): 7. Address: City: St: Zip: B Date of Birth: and/or Age: Gender: (If available) Phone Number: Employer: 9. Injury: ID. Body Part: (i.e. laceration, etc.) (Le. Hand, etc.) 11. Description of Accident (To include location, action, result, etc.) 12. Treatment: ❑ First Aid Only ❑ Required Medical Treatment ❑ Other Medical Treatment 13. Dr. Name: Date: 14: Dr. Address: Street: City: St: hip: 15: Hospital Name: i6: Hospital Address: Street: City: St: Zip: 17: Diagnosis: REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPDRTIING REDUIREMENTS AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 490 Page 11 of 11 EXHIBIT "E-4" BNSF CONTRACTOR BNSF RAILWAY COMPANY Attention: Manager Public Projects Agreement Between RAILWAY COMPANY and the FOR BIKEWAY MAINTENANCE Railway File: BF9000 Bayshore Bikeway Maintenance within BNSF Railway Property crossing Tidelands Avenue at W. 19th Street and W. 8th Street at Harbor Drive in National City, CA The undersigned (hereinafter called, the "Contractor"), has entered into a contract (the "Contract") dated , 20 with the CITY of NATIONAL CITY ("CITY") for the performance of certain work in connection with the following project: Bayshore Bikeway Maintenance within BNSF Railway Property crossing Tidelands Avenue at W. 19th Street and W. 8th Street at Harbor Drive in National City, CA. Performance of such work will necessarily require Contractor to enter BNSF RAILWAY COMPANY ("Railway") right of way and property ("Railway Property"). The Contract provides that no work will be commenced within Railway Property until the Contractor employed in connection with said work for CITY (i) executes and delivers to Railway an Agreement in the form hereof, and (ii) provides insurance of the coverage and limits specified in such Agreement and Section 3 herein. If this Agreement is executed by a party who is not the Owner, General Partner, President or Vice President of Contractor, Contractor must furnish evidence to Railway certifying that the signatory is empowered to execute this Agreement on behalf of Contractor. Accordingly, in consideration of Railway granting permission to Contractor to enter upon Railway Property and as an inducement for such entry, Contractor, effective on the date of the Contract, has agreed and does hereby agree with Railway as follows: Section 1. RELEASE OF LIABILITY AND INDEMNITY Contractor hereby waives, releases, indemnifies, defends and holds harmless Railway for all judgments, awards, claims, demands, and expenses (including attorneys' fees), for injury or death to all persons, including Railway's and Contractor's officers and employees, and for loss and damage to property belonging to any person, arising in any manner from Contractor's or any of Contractor's subcontractors' acts or omissions or any work performed on or about Railway's Property. THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF RAILWAY, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT Exhibit E-4 Bayshore Bikeway Page 1 of 8 TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE WILLFUL MISCONDUCT OR SOLE NEGLIGENCE OF RAILWAY. THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE LOCOMOTIVE INSPECTION ACT, WHENEVER SO CLAIMED. Contractor further agrees, at its expense, in the name and on behalf of Railway, that it will adjust and settle all claims made against Railway, and will, at Railway's discretion, appear and defend any suits or actions of law or in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to be liable. Railway will give notice to Contractor, in writing, of the receipt or dependency of such claims and thereupon Contractor must proceed to adjust and handle to a conclusion such claims, and in the event of a suit being brought against Railway, Railway may forward summons and complaint or other process in connection therewith to Contractor, and Contractor, at Railway's discretion, must defend, adjust, or settle such suits and protect, indemnify, and save harmless Railway from and against all damages, judgments, decrees, attorney's fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits. In addition to any other provision of this Agreement, in the event that all or any portion of this Article shall be deemed to be inapplicable for any reason, including without limitation as a result of a decision of an applicable court, legislative enactment or regulatory order, the parties agree that this Article shall be interpreted as requiring Contractor to indemnify Railway to the fullest extent permitted by applicable law. THROUGH THIS AGREEMENT THE PARTIES EXPRESSLY INTEND FOR CONTRACTOR TO INDEMNIFY RAILWAY FOR RAILWAY'S ACTS OF NEGLIGENCE. It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement survive any termination of this Agreement. Section 2. TERM This Agreement is effective from the date of the Contract until (i) the completion of the project set forth herein, and (ii) full and complete payment to Railway of any and all sums or other amounts owing and due hereunder. Section 3. INSURANCE Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $2,000,000 each occurrence and an aggregate limit of at least $6,000,000 but in no event less than the amount otherwise carried by the Contractor. Coverage must be purchased on a post Exhibit E-4 Bayshore Bikeway Page 2 of 8 2004 ISO occurrence form or equivalent and include coverage for, but not limit to the following: • Bodily Injury and Property Damage • Personal Injury and Advertising Injury • Fire legal liability • Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: • The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. • Waver of subrogation in favor of and acceptable to Railway. • Additional insured endorsement in favor of and acceptable to Railway. • Separation of insureds. • The policy shall be primary and non-contributing with respect to any insurance carried by Railway. It is agreed that the workers' compensation and employers' liability related exclusions in the Commercial General Liability insurance policy(s) required herein are intended to apply to employees of the policy holder and shall not apply to Railway employees. No other endorsements limiting coverage as respects obligations under this Agreement may be included on the policy with regard to the work being performed under this agreement. B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: • Bodily injury and property damage • Any and all vehicles owned, used or hired The policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: • Waiver of subrogation in favor of and acceptable to Railway. • Additional insured endorsement in favor of and acceptable to Railway. • Separation of insureds. • The policy shall be primary and non-contributing with respect to any insurance carried by Railway. C. Workers Compensation and Employers Liability insurance including coverage for, but not limited to: Exhibit E-4 Bayshore Bikeway Page 3 of 8 • Contractor's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. if optional under State law, the insurance must cover all employees anyway. • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: • Waiver of subrogation in favor of and acceptable to Railway. D. Railroad Protective Liability insurance naming only the Railway as the Insured with coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. The policy Must be issued on a standard ISO form CG 00 35 12 04 and include the following: • Endorsed to include the Pollution Exclusion Amendment • Endorsed to include the Limited Seepage and Pollution Endorsement. • Endorsed to remove any exclusion for punitive damages. • No other endorsements restricting coverage may be added. • The original policy must be provided to the Railway prior to performing any work or services under this Agreement • Definition of "Physical Damage to Property" shall be endorsed to read: "means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured' care, custody, and control arising out of the acts or omissions of the contractor named on the Declarations. In lieu of providing a Railroad Protective Liability Policy, Licensee may participate (if available) in Railway's Blanket Railroad Protective Liability Insurance Policy. Other Requirements: Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages. Contractor agrees to waive its right of recovery against Railway for all claims and suits against Railway. In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Railway for all claims and suits. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against Railway for loss of its owned or leased property or property under Contractor's care, custody, or control. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. Contractor is not allowed to self -insure without the prior written consent of Railway. If granted by Railway, self -insured retention or other financial responsibility for claims shall be covered directly by Contractor in lieu of insurance. Any and all Railway liabilities that would Exhibit E-4 Bayshore Bikeway Page 4 of 8 otherwise, in accordance with the provisions of this Agreement, be covered by Contractor's insurance will be covered as if Contractor elected not to include a deductible, self -insured retention or other financial responsibility for claims. Prior to commencing the Work, Contractor shall furnish to Railway an acceptable certificate(s) of insurance from an authorized representative evidencing the required coverage(s), endorsements, and amendments. The certificate should be directed to the following addresses: BNSF Railway Company c/o CertFocus P.O. Box 140528 Kansas City, MO 64114 Toll Free: 877-576-2378 Fax number: 817-840-7487 Email: BNSF(@,certfocus.com www.certfocus.com Contractor shall notify Railway in writing at least 30 days prior to any cancellation, non - renewal, substitution, or material alteration. Any insurance policy must be written by a reputable insurance company acceptable to Railway or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provide. if coverage is purchased on a "claims made" basis, Contractor hereby agrees to maintain coverage in force for a minimum of three years after expiration, cancellation or termination of this contract. Annually, Contractor agrees to provide evidence of such coverage as required hereunder. Contractor represents that this Agreement has been thoroughly reviewed by Contractor's insurance agent(s)/broker(s), who have been instructed by Contractor to procure the insurance coverage required by this Agreement. Not more frequently than once every five years, Railway may reasonably modify the required insurance coverage to reflect then -current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by Contractor, Contractor shall require that the subcontractor shall provide and maintain the insurance coverage(s) set forth herein, naming Railway as an additional insured, and shall require that the subcontractor shall release, defend, and indemnify Railway to the same extent and under the same terms and conditions as Contractor is required to release, defend, and indemnify Railway herein. Failure to provide evidence as required by this section shall entitle, but not require, Railway to terminate this Agreement immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Contractor's obligations hereunder. The fact that insurance (including, without limitation, self-insurance) is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor including, Exhibit E-4 Bayshore Bikeway Page 5 of 8 without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railway shall not be limited by the amount of the required insurance coverage. In the event of a claim or lawsuit involving Railway arising out of this agreement, Contractor will make available any required policy covering such claim or lawsuit. These insurance provisions are intended to be a separate and distinct obligation on the part of the Contractor. Therefore, these provisions shall be enforceable and Contractor shall be bound thereby regardless of whether or not indemnity provisions are determined to be enforceable in the jurisdiction in which the work covered hereunder is performed. For purposes of this section, Railway means "Burlington Northern Santa Fe LLC", "BNSF RAILWAY COMPANY" and the subsidiaries, successors, assigns and affiliates of each. Section 4. EXHIBIT "C" CONTRACTOR REQUIREMENTS The Contractor must observe and comply with all provisions, obligations, requirements and limitations contained in the Contract, and the Contractor Requirements set forth on Exhibit "C" attached to the Contract and this Agreement, , including, but not be limited to, payment of all costs incurred for any damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees, representatives, or agents or subcontractors on or about the construction site. Section 5. TRAIN DELAY Contractor is responsible for and hereby indemnifies and holds harmless Railway (including its affiliated railway companies, and its tenants) for, from and against all damages arising from any unscheduled delay to a freight or passenger train which affects Railway's ability to fully utilize its equipment and to meet customer service and contract obligations. Contractor will be billed, as further provided below, for the economic losses arising from loss of use of equipment, contractual loss of incentive pay and bonuses and contractual penalties resulting from train delays, whether caused by Contractor, or subcontractors, or by the Railway performing work under this Agreement. Railway agrees that it will not perform any act to unnecessarily cause train delay. For loss of use of equipment, Contractor will be billed the current freight train hour rate per train as determined from Railway's records. Any disruption to train traffic may cause delays to multiple trains at the same time for the same period. Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other grain, intermodal, coal and freight trains operate under incentive/penalty contracts between Railway and its customer(s). Under these arrangements, if Railway does not meet its contract service commitments, Railway may suffer loss of performance or incentive pay and/or be subject to penalty payments. Contractor is responsible for any train performance and incentive penalties or other contractual economic losses actually incurred by Railway which are attributable to a train delay caused by Contractor or its subcontractors. Exhibit E-4 Bayshore Bikeway Page 6 of 8 The contractual relationship between Railway and its customers is proprietary and confidential. In the event of a train delay covered by this Agreement, Railway will share information relevant to any train delay to the extent consistent with Railway confidentiality obligations. Damages for train delay are currently $382.20 per hour per incident. THE RATE THEN IN EFFECT AT THE TIME OF PERFORMANCE BY THE CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE THE ACTUAL COSTS OF TRAIN DELAY PURSUANT TO THIS AGREEMENT. Contractor and its subcontractors must give Railway's representative (BNSF Project Engineer, 909-386-4079) four (4) weeks advance notice of the times and dates for proposed work windows. Railway and Contractor will establish mutually agreeable work windows for the project. Railway has the right at any time to revise or change the work windows due to train operations or service obligations. Railway will not be responsible for any additional costs or expenses resulting from a change in work windows. Additional costs or expenses resulting from a change in work windows shall be accounted for in Contractor's expenses for the project. Contractor and subcontractors must plan, schedule, coordinate and conduct all Contractor's work so as to not cause any delays to any trains. Exhibit E-4 Bayshore Bikeway Page 7 of 8 Kindly acknowledge receipt of this letter by signing and returning to the Railway two original copies of this letter, which, upon execution by Railway, will constitute an Agreement between us. Contractor BNSF Railway Company By: By: Printed Name: Title: Contact Person: Address: City: State: Zip: Fax: Phone: E-mail: Name: Manager Public Projects Accepted and effective this day of 20 . Exhibit E-4 Bayshore Bikeway Page 8 of 8 RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) AND THE CITY OF NATIONAL CITY REGARDING CONSTRUCTION AND MAINTENANCE FOR THE PORTIONS OF BAYSHORE BIKEWAY SEGMENTS 4 AND 5 WITHIN NATIONAL CITY WHEREAS, the Bayshore Bikeway ("Bikeway") is a 24-mile bike route that provides transportation and recreational opportunities for pedestrians and bicyclists around San Diego Bay; and WHEREAS, the San Diego Association of Governments ("SANDAG") has taken a lead in developing improvements to the Bikeway under the guidance of the Bayshore Bikeway Working Group, which includes elected officials representing the cities of Chula Vista, Coronado, Imperial Beach, National City, and San Diego, the County of San Diego, a member of the San Diego Unified Port District Board of Port Commissioners, and the bicycling community, and WHEREAS, under the guidance of the Bayshore Bikeway Working Group, SANDAG developed and adopted a Bayshore Bikeway Plan in 2006 to determine how to complete the Bayshore Bikeway as a continuous Class 1 bikeway around San Diego Bay in order to encourage bicycling and walking around San Diego Bay as a means of access to the Bay, as well as the employment and recreational opportunities that the Bay provides; and WHEREAS, SANDAG has obtained the environmental clearance, prepared the construction drawings, and obtained financing to construct Segments 4 and 5 of the Bayshore Bikeway (the "Project"), which are in the cities of San Diego and National City; and WHEREAS, SANDAG plans to design, advertise, and award a construction contract to construct Segments 4 and 5 of the Bayshore Bikeway in coordination with National City; and WHEREAS, the parties desire to enter into an Memorandum of Understanding ("MOU") wherein the City of National City agrees to maintain the Project as -built, until such time the Project is modified or reconstructed in a manner that substantially deviates from the as -built drawings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute the Memorandum of Understanding between the City of National City and Sand Diego Association of Governments regarding construction and maintenance for the portions of Bayshore Bikeway Segments 4 and 5 within National City. Said Memorandum of Understanding is on file in the office of the City Clerk. [Signature Page to Follow] Resolution No. 2014 — Page Two PASSED and ADOPTED this 1st day of April, 2014. Ron Morrison, Mayor ATTEST: Mike Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 1, 2014 AGENDA ITEM NO. 7 EM TITLE: Resolution of the City Council of the City of National City authorizing the installation of a Red Flashing Beacon above the Stop Sign located on southbound Stockman Street at Cagle Street to enhance safety. (TSC 2014-04). PREPARED BY: Kenneth Fernandez, P.E. PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT: Engineering and Public Works APPROVED BY: A72 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution authorizing the installation of a red flashing beacon above the stop sign on southbound Stockman Street at Cagle Street to enhance safety. BOARD / COMMISSION RECOMMENDATION: At their meeting on March 12, 2014, the Traffic Safety Committee unanimously approved the staff recommendation to install a red flashing beacon above the stop sign on southbound Stockman Street at Cagle Street to enhance safety. ATTACHMENTS: 1. Explanation 2. Staff Report to the Traffic Safety Committee on March 12, 2014 (TSC 2014-04) 3. Resolution EXPLANATION In 2012, Mrs. Yvonne Harward, resident of 3102 Stockman Street, requested installation of a red flashing beacon above the stop sign located on southbound Stockman Street at Cagle Street to enhance safety. Mrs. Harward had observed vehicles running this stop sign and was concerned about safety. The intersection is stop controlled for all approaches, except northbound. The southbound approach, while stop -controlled, is located on a downhill slope. The City previously installed speed humps north of this intersection. On December 5, 2012, after completing various site evaluations, staff recommended to the Traffic Safety Committee installation of a red flashing beacon above the stop sign located on southbound Stockman Street at Cagle Street to enhance safety (TSC #2012-31). After discussion from Committee members, the Committee voted unanimously to deny the staff recommendation and instead, install an oversized stop sign and a retroreflective sleeve on the stop sign pole for southbound traffic as a more cost effective measure. The Committee also directed staff to continue to monitor for stop sign violations and return to the Committee at a later date to reconsider installing a red flashing beacon if violations continued. Based on observations from Mrs. Harward and data collected on Wednesday, January 15, 2014, by National Data & Surveying Services (NDS), at the request of staff (see attached), stop sign violations are continuing to occur. Approximately 77% of drivers surveyed by NDS failed to come to a complete Stop (74% slowed/rolled through, 3% drove through.) STAFF RECOMMENDATION: Based on direction from the Traffic Safety Committee in December 2012 to continue to monitor conditions, and the results of the stop sign compliance survey conducted in January 2014, staff recommends installation of a red flashing beacon above the stop sign located on southbound Stockman Street at Cagle Street to enhance safety and improve compliance. TRAFFIC SAFETY COMMITTEE RECOMMENDATION At their meeting on March 12, 2014, the Traffic Safety Committee unanimously approved the staff recommendation for installation of a red flashing beacon above the stop sign located on southbound Stockman Street at Cagle Street to enhance safety and improve compliance. If approved by City Council, all work will be performed by City Public Works. 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MARCH 12, 2014 ITEM TITLE: REQUEST FOR INSTALLATION OF A RED FLASHING BEACON ABOVE THE STOP SIGN LOCATED ON SOUTHBOUND STOCKMAN STREET AT CAGLE STREET TO ENHANCE SAFETY (BY Y. HARWARD) PREPARED BY: Stephen Manganiello, City Engineer DISCUSSION: In 2012, Mrs. Yvonne Harward, resident of 3102 Stockman Street, requested installation of a red flashing beacon above the Stop sign located on southbound Stockman Street at Cagle Street to enhance safety. Mrs. Harward had observed vehicles running this Stop sign and was concerned about safety. The intersection is Stop controlled for all approaches, except northbound. The southbound approach, while Stop -controlled, is located on a downhill slope. The City previously installed speed humps north of this intersection. On December 5, 2012, after completing various site evaluations, staff recommended to the Traffic Safety Committee installation of a red flashing beacon above the Stop sign located on southbound Stockman Street at Cagle Street to enhance safety (TSC #2012- 31). After discussion from Committee members, the Committee voted unanimously to deny the staff recommendation and instead, install an oversized Stop sign and a retroreflective sleeve on the Stop sign pole for southbound traffic as a more cost effective measure. The Committee also directed staff to continue to monitor for Stop sign violations and return to the Committee at a later date to reconsider installing a red flashing beacon if violations continued. Based on observations from Mrs. Harward and data collected on Wednesday, January 15, 2014, by National Data & Surveying Services (NDS), at the request of staff (see attached), Stop sign violations are continuing to occur. Approximately 77% of drivers surveyed by NDS failed to come to a complete Stop (74% slowed/rolled through, 3% drove through.) -1- STAFF RECOMMENDATION: Based on direction from the Traffic Safety Committee in December 2012 to continue to monitor conditions, and the results of the Stop sign compliance survey conducted in January 2014, staff recommends installation of a red flashing beacon above the Stop sign located on southbound Stockman Street at Cagle Street to enhance safety and improve compliance. EXHIBITS: 1. Location Map 2. Photos 3. Survey Results 2014-04 -2- Location Map Proposed Red Flashing Beacon above Stop Sign Southbound Stockman St, approaching Cagle St (looking southwest) Example of Red Flashing Beacon above Stop Sign -4- Prepared by National Data & Surveying Services Project 4: 14-4018 City: National Ci 7:00:00 AM 2 b STOP STUDY 10 1 Date: 1/15/2014 Day: Wednesday 13 7:15:00 AM 2 14 2 18 7:30:00 AM 4 10 0 14 7:45:00 AM 5 7 0 12 8:00:00 AM 3 14 0 17 8:15:00 AM 2 10 0 12 8:30:00 AM 3 9 0 12 8:45:00 AM 2 9 0 11 9:00:00 AM 3 6 0 9 9:15:00 AM 1 7 0 8 9:30:00 AM 3 6 0 9 9:45:00 AM 3 4 1 8 10:00:00 AM 2 11 0 13 10:15:00 AM 1 7 0 8 10:30:00 AM 1 3 0 4 10:45:00 AM 1 9 0 10 11:00:00 AM 11:15:00 AM 3 0 13 4 0 1 16 5 11:30:00 AM 2 6 0 8 11:45:00 AM 2 3 1 6 12:00:00 PM 0 9 0 9 12:15:00 PM 1 6 0 7 12:30:00 PM 3 6 0 9 12:45:00 PM 1 3 0 4 1:00:00 PM 0 13 0 13 1:15:00 PM 1 8 0 9 1:30:00 PM 1 5 1 7 1:45:00 PM 5 11 0 16 2:00:00 PM 0 6 1 7 2:15:00 PM 2 8 1 11 2:30:00 PM 1 6 1 8 2:45:00 PM 6 9 1 16 3:00:00 PM 3 10 0 3:15:00 PM 2 7 1 4 13 10 3:30:00 PM 2 12 1 15 3:45:00 PM 6 8 1 15 4:00:00 PM 6 9 0 15 4:15:00 PM 4 11 1 16 4:30:00 PM 3 7 0 10 4:45:00 PM 5 11 0 16 TOTAL 97 327 15 439 22% 74% 3% 100% -5- RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A RED FLASHING BEACON ABOVE THE STOP SIGN LOCATED ON SOUTHBOUND STOCKMAN STREET AT CAGLE STREET TO ENHANCE SAFETY WHEREAS, a resident of 3102 Stockman Avenue requested installation of a red flashing beacon above the stop sign located on southbound Stockman Street at Cagle Street due to vehicles running the stop sign, and to enhance safety; and WHEREAS, on December 5, 2012, after completing various site evaluations, staff recommended to the Traffic Safety Committee that a red flashing beacon above the stop sign located on southbound Stockman Street at Cagle Street be installed to enhance safety; and WHEREAS, the Committee voted unanimously to deny the staff recommendation and instead, recommended the installation of an oversized stop sign and a retro reflective sleeve on the stop sign pole for southbound traffic as a cost effective measure, and directed staff to continue to monitor for stop sign violations and return to the Committee at a later date to reconsider installing a red flashing beacon if violations continued; and WHEREAS, data collected on January 15, 2014, by National Data & Surveying Services (NDS), confirmed that stop sign violations were continuing to occur; and WHEREAS, based on direction from the Traffic Safety Committee and the results of the stop sign compliance survey, staff recommends the installation of a red flashing beacon above the stop sign located on southbound Stockman Street at Cagle Street to enhance safety and improve compliance; and WHEREAS, the Traffic Safety Committee approved staffs recommendation at its March 12, 2014 meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of a red flashing beacon above the stop sign located on southbound Stockman Street at Cagle Street to enhance safety and improve compliance. PASSED and ADOPTED this 1st day of April, 2014. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 1, 2014 AGENDA ITEM NO.8 EM TITLE: Resolution of the City Council of the City of National City authorizing the installation of 3-Minute Passenger Loading for Student Drop-off/Pick-Up on E. 18th Street adjacent to John Otis Elementary School. (TSC 2014-06) 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 authorizing the installation of 3-Minute Passenger Loading for Student Drop-Off/Pick-Up on E. 18th Street adjacent to John Otis Elementary School. BOARD / COMMISSION RECOMMENDATION: At their meeting on March 12, 2014, the Traffic Safety Committee unanimously approved the staff recommendation to install 3-Minute Passenger Loading for Student Drop-Off/Pick-Up on E. 18th Street adjacent to John Otis Elementary School. ATTACHMENTS: 1. Explanation 2. Staff Report to the Traffic Safety Committee on March 12, 2014 (TSC 2014-06) 3. Resolution EXPLANATION Mr. Chris Carson, Assistant Superintendent at the National School District, and Ms. Leticia Hernandez, Principal at John Otis Elementary School, have requested installation of a Passenger Loading Zone on E. 18th Street adjacent to John Otis Elementary School to enhance safety and access for student drop-off/pick-up. Staff met on -site with both Assistant Superintendent Carson and Principal Hernandez on separate occasions to get a better understanding of their request and observe traffic conditions during school peak periods. Currently, there is 80 feet of "unrestricted" parallel parking in front of the school, which only provides parking for approximately four vehicles. Based on the site evaluations there appears to be excessive red curb "No Parking" and yellow curb "Commercial Loading" on either end of the unrestricted curbside parking zone. Most schools in National City have Passenger Loading Zones, which are established to allow parents to drop-off/pick-up children adjacent to the school to enhance safety and access. Passenger Loading Zones can also assist with reducing congestion and minimizing double-parking and parking in red curb zones by increasing parking turnover. STAFF RECOMMENDATION: Staff recommends the following changes to curbside parking on E. 18th Street adjacent to John Otis Elementary School to establish a Passenger Loading Zone for student drop-off/pick-up to enhance safety and access: 1) Convert 85 feet of red curb "No Parking" located approximately 40 feet east of the school crosswalk at "F" Avenue to 3-Minute Passenger Loading (7AM-9AM & 1 PM-4PM, M-F); 2) Convert 80 feet of unrestricted parking located directly east of the existing red curb zone to 3-Minute Passenger Loading (7AM-9AM & 1 PM-4PM, M-F); 3) Convert 40 feet of yellow curb "Commercial Loading" located directly east of the existing unrestricted parking zone to 3-Minute Passenger Loading (7AM-9AM & 1 PM-4PM, M-F). TRAFFIC SAFETY COMMITTEE RECOMMENDATION At their meeting on March 12, 2014, the Traffic Safety Committee unanimously approved the staff recommendations. If approved by City Council, all work will be performed by City Public Works Division staff. 3 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MARCH 12, 2014 ITEM TITLE: REQUEST TO INSTALL 3-MINUTE PASSENGER LOADING FOR STUDENT DROP-OFF/PICK-UP ON E. 18TH STREET ADJACENT TO JOHN OTIS ELEMENTARY SCHOOL (BY C. CARSON AND L. HERNANDEZ) PREPARED BY: Stephen Manganiello, City Engineer DISCUSSION: Mr. Chris Carson, Assistant Superintendent at the National School District, and Ms. Leticia Hernandez, Principal at John Otis Elementary School, have requested installation of a Passenger Loading Zone on E. 18th Street adjacent to John Otis Elementary School to enhance safety and access for student drop-off/pick-up. Staff met on -site with both Assistant Superintendent Carson and Principal Hernandez on separate occasions to get a better understanding of their request and observe traffic conditions during school peak periods. Currently, there is 80 feet of "unrestricted" parallel parking in front of the school, which only provides parking for approximately four vehicles. Based on the site evaluations there appears to be excessive red curb "No Parking" and yellow curb "Commercial Loading" on either end of the unrestricted curbside parking zone. Most schools in National City have Passenger Loading Zones, which are established to allow parents to drop-off/pick-up children adjacent to the school to enhance safety and access. Passenger Loading Zones can also assist with reducing congestion and minimizing double-parking and parking in red curb zones by increasing parking turnover. STAFF RECOMMENDATION: Staff recommends the following changes to curbside parking on E. 18th Street adjacent to John Otis Elementary School to establish a Passenger Loading Zone for student drop- off/pick-up to enhance safety and access: 1) Convert 85 feet of red curb "No Parking" located approximately 40 feet east of the school crosswalk at "F" Avenue to 3-Minute Passenger Loading (7AM-9AM & 1PM-4PM, M-F); 2) Convert 80 feet of unrestricted parking located directly east of the existing red curb zone to 3-Minute Passenger Loading (7AM-9AM & 1 PM-4PM, M-F); -1- 3) Convert 40 feet of yellow curb "Commercial Loading" located directly east of the existing unrestricted parking zone to 3-Minute Passenger Loading (7AM-9AM & 1PM-4PM, M-F). EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 2014-06 -2- Kenneth Fernandez From: Chris Carson <Chris.Carson@national.k12.ca.us> Sent: Thursday, February 20, 2014 4:35 PM To: Stephen Manganiello Cc: Bob Harris; Chris Oram; L Hernandez; Chris Oram Subject: SPAM:John Otis Elementary School - 621 E. 18th Street Thank you for time during our meeting this morning to discuss John Otis parking issues. Per our conversation, the National School District is formally requesting the following: 1. Remove the Red curb on the west side of the campus, leaving only the western most 40 feet in red, 2. Place signage in front of the school to state the following: • Passenger Loading Zone, 3 Minute Paring Only, Between 7AM to 9AM, 1PM to 4PM, Mon thru Fri • This is consistent with the signage in front of Central Elementary School 3. Leave the eastern 30 feet of yellow commerical loading/unloading, and convert the western 40 feet of this zone to passenger loading (from number 2 above). Please let me know if you are able to get this on your next Safety Committee agenda (March 12 at 2:OOPM), and NSD will come to present if necessary. Thank you for your assistance. Chris 1 -3- National City Middle School Convert 85' Red Curb "No Parking" to 3-Minute Passenger Loading (7AM-9AM & 1 PM-4PM, M-F) 40' Red Curb "No Parking" to remain Location Map John Otis Elementary School Convert 80' unrestricted parking to 3-Minute Passenger Loading (7AM-9AM & 1 PM-4PM, M-F) Convert 40' Yellow Curb "Commercial Loading" to 3- Minute Passenger Loading (TAM-9AM & 1 PM-4PM, M-F) 170' Red Curb "No Parking" to remain 30' Yellow Curb "Commercial Loading" to remain Arco Gas Station E. 18th Street adjacent to John Otis Elementary School (looking northwest) E. 18th Street adjacent to John Otis Elementary School (looking northeast) -5- RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF 3-MINUTE PASSENGER LOADING ZONES FOR STUDENT DROP-OFF/PICK-UP ON EAST 18TH STREET, ADJACENT TO JOHN OTIS ELEMENTARY SCHOOL WHEREAS, the Assistant Superintendent of the National School District, and the Principal at John Otis Elementary School, requested installation of a Passenger Loading Zone on East 18th Street, adjacent to John Otis Elementary School, to enhance safety and improve access for student drop-off and pick-up; and WHEREAS, after a site evaluation, staff recommends the following changes to curbside parking on East 18th Street, adjacent to John Otis Elementary School, to establish a Passenger Loading Zone: 1. Convert 85 feet of red curb "No Parking" located approximately 40 feet east of the school crosswalk at "F" Avenue to 3-minute Passenger Loading from 7:00 a.m. to 9:00 a.m. and 1:00 p.m. to 4:00 p.m., Monday through Friday; 2. Convert 80 feet of unrestricted parking located directly east of the existing red curb zone to 3-minute Passenger Loading from 7:00 a.m. to 9:00 a.m. and 1:00 p.m. to 4:00 p.m., Monday through Friday; 3. Convert 40 feet of yellow curb "Commercial Loading" located directly east of the existing unrestricted parking zone to 3-minute Passenger Loading from 7:00 a.m. to 9:00 a.m. and 1:00 p.m. to 4:00 p.m., Monday through Friday; and WHEREAS, at its meeting on March 12, 2014, the Traffic Safety Committee approved staffs recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the above -referenced changes to curbside parking to establish 3-minute Passenger Loading zones from 7:00 a.m. to 9:00 a.m. and 1:00 p.m. to 4:00 p.m., Monday through Friday, on East 18th Street, adjacent to John Otis Elementary School. PASSED and ADOPTED this 1st day of April, 2014. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 1, 2014 AGENDA ITEM NO. 9 TEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute the Third Amendment to the Lease Agreement American Digital Outdoor, LP PREPARED BY: Claudia G. Silva PHONE: Ext. 4222 EXPLANATION: DEPARTMENT: APPROVED BY• rney The City and American Digital Outdoor, LP ("AO"), entered into a Lease Agreement o ' Aril 3, 2012 ("the Lease"), for the lease of a vacant parcel of land identified as assessor's parcel num.er 562 220 41 00, located between the 30th Street cul-de-sac and Interstate 5. The Lease sets forth terms and conditions whereby AO will install, operate, and maintain a single -faced digital billboard. The parties entered into an Amendment to the Lease in June 2012, to extend the time to obtain Caltrans and City permits. The parties entered into a Second Amendment to the Lease Agreement, dated October 30, 2012, to allow for a north facing digital display to be built as part of the originally contemplated structure which would provide opportunities for a more visible gateway and greater revenue generation. The Amendment also contained a re -opener regarding the appropriate amount of base monthly rent, as the current rent contemplated a single -faced message center. AO now seeks to re -open the appropriate amount of the base rent and amend the Lease and Second Amendment to modify Section 3 and Schedule 1 to include a base monthly rent for the north facing ligital display and clarify the additional Business Revenue Share is 33% of Annual Net Revenue less Lhe Base Monthly Rent paid for that year. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: Finance APPROVED: MIS STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Proposed Third Amendment to the Lease Agreement THIRD AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND AMERICAN DIGITAL OUTDOOR, L.P. This THIRD AMENDMENT to the Lease Agreement is entered into this 15t day of April 2014, by and between the City of National City, a municipal corporation ("CITY"), and American Digital Outdoor, L.P. ("AO"). RECITALS A. The CITY and AO entered into a Lease Agreement on April 3, 2012 ("the Lease"), for the lease of a vacant parcel of land identified as assessor's parcel number 562 220 41 00, located between the 30th Street cul-de-sac and Interstate 5. B. The Lease sets forth terms and conditions whereby AO will install, operate, and maintain a single -faced digital billboard. C. The parties entered into an Amendment to the Lease in June 2012, to extend the time to obtain Caltrans and City permits. D. The parties entered into a Second Amendment to the Lease Agreement, dated October 30, 2012, to allow for a north facing digital display to be built as part of the originally contemplated structure which would provide opportunities for a more visible gateway and greater revenue generation. E. The Second Amendment contained a re -opener regarding the appropriate amount of base monthly rent, as the current rent contemplated a single -faced message center. F. AO now seeks to re -open the appropriate amount of the base rent and amend the Lease and Second Amendment to modify the Section 3 and Schedule 1 to include a base monthly rent for the north facing digital display and clarify the additional Business Revenue Share is 33% of Annual Net Revenue less the Base Monthly Rent paid for that year. NOW, THEREFORE, the parties hereto agree to amend the Lease and Second Amendment, as follows: 1. Section 3(a)(2) of the Lease: The references to Monthly Rent in Section 3(a)(2) shall be replaced with Percentage Rent. Percentage Rent shall have the meaning set forth in Schedule 1, as stated in this Third Amendment. 2. Section 3(b) of the Lease is restated in the entirety to read: Business Revenue Share. In addition to the Monthly Rent payment, AOA shall pay a business revenue share. AOA shall make this payment on the last day of the thirteenth month following the Initial Term, on an annual basis in arrears. The business revenue share shall be calculated as set forth in Schedule 1, and shall be the greater of (i) one-third (1/3) of the Annual Net Revenue less the Annual Rent or (ii) the Annual Rent. By way of example, if July 1, 2012 is the commencement of the Initial Term, then the business revenue share would be payable on July 31, 2013 and would cover the time period of July 1, 2012 through June 30, 2013. 3. Schedule 1 of the Lease is amended by replacing the section entitled "AOA shall pay Business Revenue Sharing (as referenced in Section 3), in addition to Monthly Rent, as follows ... 3 = BRS" with the following: AOA shall pay Business Revenue Sharing (as referenced in Section 3), in addition to Monthly Rent, as follows: AOA shall pay thirty-three percent (33%) of the Annual Net Revenue for both the North and South Faces, as applicable (the "Percentage Rent") less the total Annual Rent paid under this Lease for that year. Should the Annual Rent exceed the Percentage Rent for that year, no further amounts shall be due City for that year, nor shall there be any carry-over credit for future Percentage Rent. As an example, if the Annual Net Revenue for a given year is $1,000,000, then AOA shall pay Business Revenue Sharing to City as follows: $333,000 as Percentage Rent (33% of the Annual Net Revenue) less the credited amount of $141,996 as the Annual Rent already paid to the City for that same year, for a total Business Revenue Share of $191,004. As another example, if the Annual Net Revenue for a given year is $250,000, then AOA shall pay Business Revenue Sharing to City as follows: $82,500 as Percentage Rent less the Annual Rent credit of $102,000 (already paid), for a total Business Revenue Sharing of $0 because the Annual Rent exceeds the Percentage Rent. The Percentage Rent shall be calculated on an annual basis in arrears. 4. Section 6 of the Second Amendment is amended to read as follows: In addition to the Monthly Rent of $8,500 AOA pays for the existing south face per Schedule 1 of the Lease, AOA shall pay a Base Rent for the North Face in the amount of $3,333 per month. The Monthly Rent for both faces shall be $11,833. The Base Rent for the North Face shall commence on the first day of the first month after the North Face Message Display is able to accept commercial . advertising, but shall be no later than August 1, 2014. 5. Schedule 1 of the Lease is amended by replacing the section entitled "AOA shall pay Monthly Rent ... in advance, as set forth in Section 3" with the following: AOA shall pay Monthly Rent as follows: a. South Facing Digital Display: Base Rent for the south facing digital display is $8,500 per month. Annual Rent for this face shall be $102,000 (one -hundred two -thousand dollars) per year. The first 60 months shall be paid in advance, as set forth in Section 3. Third Amendment to Agreement (2014) b. North Facing Digital Display: Base Rent for the north facing digital display is $3,333 per month. Annual Rent for this face 2 City of National City and American Digital Outdoor, LP shall be $39,996 (thirty-nine thousand nine hundred ninety-six dollars) per year. c. Total Monthly Rent: The Monthly Rent for the north and south facing digital displays shall total $11,833 (eleven -thousand eight hundred thirty-three dollars) per month. d. Total Annual Rent: Commencing June 1, 2014, the total annual rent for both the north and south facing digital displays shall total $141,996 (one -hundred forty-one thousand nine - hundred ninety-six dollars) per year. 6. Upon approval of this Third Amendment, AOA shall pay the City the first five years (60 months) of the Base Rent for the North Face in the amount of $200,000 (two -hundred thousand dollars). 7. Each and every term of the Lease, Amendment, and Second Amendment shall remain in full force and effect, except for the amendments contained herein. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first above written above. CITY OF NATIONAL CITY AMERICAN DIGITAL OUTDOOR, L.P. By: By: Ron Morrison, Mayor Tom LeClair, Managing Partner APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Third Amendment 3 City of National City and to Agreement (2014) American Digital Outdoor, LP RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE THIRD AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND AMERICAN DIGITAL OUTDOOR, LP WHEREAS, the City and American Digital Outdoor, LP ("AO") entered into a Lease Agreement on April 3, 2012 ("the Lease"), for the lease of a vacant parcel of land identified as assessor's parcel number 562 220 41 00, located between the 30th Street cul-de- sac and Interstate 5; and WHEREAS, the Lease sets forth terms and conditions whereby AO will install, operate, and maintain a single -faced digital billboard; and WHEREAS, the parties entered into an Amendment to the Lease in June 2012, to extend the time to obtain Caltrans and City permits; and WHEREAS, the parties entered into a Second Amendment to the Lease Agreement, dated October 30, 2012, to allow for a north facing digital display to be built as part of the originally contemplated structure which would provide opportunities for a more visible gateway and greater revenue generation; and WHEREAS, the Second Amendment contained a re -opener regarding the appropriate amount of base monthly rent, as the current rent contemplated a single -faced message center; and WHEREAS, AO now seeks to re -open the appropriate amount of the base rent and amend the Lease and Second Amendment to modify Section 3 and Schedule 1 to include a base monthly rent for the north facing digital display, and to clarify the additional Business Revenue Share is 33% of Annual Net Revenue, less the Base Monthly Rent paid for that year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute the Third Amendment to the Lease Agreement between the City of National City and American Digital Outdoor, LLP, to amend the Lease and Second Amendment to modify Section 3 and Schedule 1 to include a base monthly rent for the north facing digital display, and to clarify the additional Business Revenue Share is 33% of Annual Net Revenue, less the Base Monthly Rent paid for that year. Said Third Amendment to the Lease Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of April, 2014. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 1, 2014 AGENDA ITEM NO.10 ITEM TITLE: Temporary Use Permit — American Cancer Society's "Relay for Life of National City" at Kimball Park from August 16, 2014 starting at 9 a.m. and concludes August 17, 2014 at 9 a.m. This is a City co- sponsored event pursuant to City Council Policy #804. PREPARED BY: Vianey Rivera DEPARTMENT: Nhoed Services Division PHONE: 619-336-4364 APPROVED BY: EXPLANATION: This is a request from the American Cancer Society to conduct the National City Relay for Life event at Kimball Park from August 16 thru 17, 2014. This event is a 24-hour walking relay that starts at 9 a.m. on August 16th and concludes at 9 a.m. on August 17th. This relay will raise money for the fight against cancer. During the event there will be food, entertainment, including 15 bands, and educational activities. The event organizers will also provide professional security, rented lighting, first aid, and portable toilets for the event.This event is eligible for the maximum fee waiver of $1,000 per day, pursuant to City Council Policy No. 804. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS The City has incurred $237.00 for processing the TUP through various City departments, plus $655.06 for Public Works, and $600.00 for Fire permits. Total fees are $1,492.06 ($1,000 city sponsorship not included)', TNVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with a waiver of fees totaling $1,000. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: American Cancer Society EVENT: Relay For Life of National City DATE OF EVENT: August 16-17, 2014 TIME OF EVENT: 9 a.m. Saturday to 9 a.m. Sunday APPROVALS: RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] NEIGHBORHOOD SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: RISK MANAGER Applicant to provide insurance certificate and specific endorsement naming the City of National City as an additional named insured. We should then be ok to proceed. FIRE (619) 336-4550 Fees will be required for after hour inspection, tents and canopies ($600.00). Please contact the National City Fire Department for payment of fees. Provide (CLEAR) site map of site area. 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 the camp 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. Extinguisher to be mounted in a visible location between 3'/z to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall riot 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 8) Additional fire extinguisher shall be placed around the circumference of the track and bowl area so as to provide fire protection for" Luminary Bags". Fire extinguisher to be mounted in a visible location between 3'/2 to 5' from the floor to the top of the extinguisher. Extinguisher shall be labeled "Fire Extinguisher" 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 "Light Towers" 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 square 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 Marsha! 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 Approval contingent upon final field inspection and compliance with all applicable codes and ordinances Fire Department Fees can only be waived by City Council Approval contingent upon final field inspection and compliance with all applicable codes and ordinances POLICE Will request for extra patrol and reserves if available. PUBLIC WORKS Street Division: No involvement. Facilities Division: • Electrician, 15 hrs OT @ $33.32/hr, for a total of $499.80 • Custodians have no involvement in this event. Parks Division: • Two hours at $46.58 per hour overtime rate ($93.16) for one staff to inspect after event and fill out Storm Water Compliance Inspection for Special Event Report and littler clean up. • Two hours at regular pay of $31.05 per hour ($62.10) for set up of park safety area. • Event organizers to clean up litter during event DEVELOPMENT SERVICES BULDING: No comments ENGINEERING: No comments. PLANNING: Lights and light towers to be directed away from residential areas and Paradise Creek FINANCE American Cancer Society needs to update their Business License. COMMUNITY SERVICES No involvement. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. 3 Type of Event: Public Concert Fair Parade _ Demonstration Motion Picture _ Grand Opening Event Title: Re /-r/ 5r 14. 0( Event Location: J(Initall Festival Community vent Circus Block Party Other Event Date(s): From 8/ /4 to SP 7//e/ Actual Event Hours: Total Anticipated Attendance: Setup/assembly/construction Date: /pm to 0 F/S- /pm ( )� Participants Start time: 6 (3U --0--/ Spectators) Please describe the scope of your setup/assembly work (specific details): f}CS ti 4 1761tArVee to/ /t chalk out eampS/ 'S par66 fs SP/ u o G o7' eveti-i- Dismantle Date: 617 Completion Time: : od a pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. t10 o$u�PS Sponsoring Organization: / '/r7(21n r(tr'c'er LJ Chief Officer of Organizationi (Name) David Vehi z2.' Applicant (Name): -��?Z . C/MK%o/l�� Address: AM'0° aP/ A 4000, 5,n,C.-✓a /d8 Daytime Phone: 01 (f4' d(g/ Evening Phone: ( ) Fax: 0 253 '03 I g E-Mail: l?? 1Ct1'%%F+. t7)%allP l,1Ct r r'1 Contact Person "on site" day of the cventille e Cellular: 857C ' g' Oaf 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? 'YES NO Are admission, entry, vendor or participant fees required? YES _ NO If YES, please explai the urpoqse and,provide amounts 1 co pr'1cIpv7T rji.5it i 1 77 #'f0, — $ 76/ 66U Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 7, 6.00 Estimated Expenses for this event. $ G3 000 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. >� 2 /xur efwy1 fo 7ftrldrzri'S� r I%P ' y) Can rer .'e /, f' $t vr)q' P'� rims Such as reseal and adh ?o , f t 77 ,sn ear'Lj de/eel-16n and ertfren. Alm fa verve ` _ 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 XNO Does the event involve the sale or use of alcoholic beverages? - YES)( NO Will items or services be sold at the event? If yes, please describe: YES )(NO _ YES)( NO /YES _ 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 !ravel, and provide a written narrative to explain your route. Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. Does the event inv lye the use of tents or canopies? If YES: Number of I zok-2, 0 tent/canopies Sizes / /OK /U , a /0x 20 : , NOTE: A �% separate Fire Department permit is required for tents or canopies. (goA, �O _ YES!` NO Will the event involve the use of the City or your stage or PA system? SPECIFY: In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If yqu intend to cook food in thejevent area please specify the method: GAS X_ELECTRIC K CHARCOAL OTHER (Specify): n Portable and/or Permanent Toilet Facilities Number of portable toilets: �f(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 # and Chairs # Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: 02 rr J Trash containers with lids: tL/77/7 1 / Describe your plan for clean-up and removal of waste and garbage during and after the event: Frdcb 15 QhevPnt r? 4r, V - e/5 k / c I W5 - i? '5j /'YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: � Number of Bands: Type of Music: Vat1-e X YES _ NO Will sound amplification be used? If YES, please indicate: Start time: S 3O am/pm Finish Time : oii am/pm YES _ NO Will soundchecks be conducted prior to the event? If YES, please indicate: Start time: ?:30 am/pm Finish Time f/ ; 30 am/pm Please describe the sound equipment that will be used for our event: var/0 15' inlerzarien ' briuc 7t mit5icie2/75 YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES _NO Any signs, banners, decorations, special lighting? If YES, please describe: /11-1f rawer, banners 1 anq �J larnina/7Ga txz55 Revised 02/29/12 3- Please describe your procedures for both Crowd Control and Internal Security: YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES,YEiplease list: Security Organization: £ ' 7Ze p plc) '/ i6' - z7� Security Organization Address:p77D ` 6cm' nO de/ go ` -) #Z6/ cD Security Director (Name): /14/. L� lAji .45 6)1 Phone: ,19 5 7(/ • xYES 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: pv'k" lryhfin9 r ied / / 4Tivets Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. cud / on 5rfe teyoriid // ?J2 Please describe your Accessibility Plan for access at your event by individuals with disabilities: lark / 5 f>- Jf.1 ernpl lall-� Please provide a detailed description of your PARKING plan: fdt /O/ Y 1P-e- L fzerbi7 Please describe your plan for DISABLED PARKING: �-� park MO 3113 i Please describe yo r plena.) no all residents, businesses and churches impacted by the event:Ma/ / /7047hr pr7Or 7o c /'rq- NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. a 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 nCL') Cczic.er C/( c . Person in Charge of Activity � %D a//4 - 2 Address 2695-5CaAWI)06/'/4/. #/DQ, a2i-? 4/616 f 7.Og Telephone( ) 1647' fig/ Date(s) of Use 3/9s' 077/Y 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. "T. S7INNLrLik, Director of Operations 1/29/14 Signatike of Applicant Official Tltle Date For Office Use Only Certificate of Insurance Approved Date CORi 1 139199 CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER' THIS 1/29/204 CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TI-IS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENT 4TIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the poiicy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate ho der in lieu of such endorsement(s). PRODUCER Commercial Units — (404) 923-3700 Wells Fargo Insurance Services USA, Inc. 3475 Piedmont Road NE, Suite 800 Atlanta, GA 303115-2886 INSURED American Cancer Society, Inc. 250 Williams Street Atlanta, GA 303C 3 COVERAGES CERTIFICATE NUMBER: 7225015 INDICATED. NOTWITHSTANDING BELOW HAVE BEEN ISSUED MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POANY LICIES DESCRIBED EDO HEREIN IS CUMENT TPTO ALLO THE TERMS, EXCLUSIONS A VD CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 6R CONTACT Alexander Mortimer NAME: DATE (MINDD/YYYY) PHONE 404-923-3732 IA/C No Bdl: I IAA Na 877-362-9069 ADORE -MAIL alexander.mortimer@wellsfargo.com lawellsfargo.com INSURER(S) AFFORDING COVERAGE INSURER A : Federal Insurance Company INSURER a : Pacific Indemnity Company INSURER C INSURER D INSURER E NAIC a 20281 20346 INSURER F : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BREVISION NUMBER See below STANDING ANY REQUIREMENT, TERM OR CONDITION OF TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD CERTIFICATE IN LTR A A X TY 'E OF INSURANCE ADOL NSD COMMERI:U,L GENERAL DABILRY JCLAII AS -MADE L OCCUR GEN'L AGGREC ATE LIMIT APPLIES PER; X POLICY C ] PRO- JECT LOC OTHER: AUTOMOBILE LIABILITY x x ANY AUTC ALL OWNE D AUTOS HIRED AU OS UMBRELL I LIAB EXCESS L. AB B X SCHEDULED AUTOS NON -OWNED AUTOS SUER -WVD POLICY NUMBER 35943463 73563471 73563476-Puerto Rico 73563477-Hawaii EFF IMMILDY DT) 9/1/2013 09/01/2013 POLICY EXP (MM)DD/YYYY) 9/1/2014 09/01/2014 LIMITS EACH OCCURRENCE DAMAGE'I U RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL F. ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) OCCUR CLAIMS -MADE JRETENT ON $ WORKERS COM 'ENSATION AND EMPLOYES 5' LIABILITY ANY PROPRIETC R/PARTNERJEXECUTIVE OFFICERd.IEMBLR EXCLUDED? (Mandatory In N 1) If yes. describe w,der DESCRIPTION C F OPERATIONS below DED YIN N NIA 71741355 09/01/2013 EACH OCCURRENCE AGGREGATE $ 1000,000 $ 300,000 $ 2.500 $ 1,000,000 $ 25,000,000 $ 2.000,000 $ 1,000,000 $ $ $ 09/01/2014 X I STATUTE 1 l OTH- EE.L. EACH ACCIDENT 1,000,000 E.L DISEASE- EA EMPLOYEE EL. DISEASE - POLICY Limn $ 1,000,000 1,000.000 DESCRIPTION OF OPE RATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached N mo a space is requl eel) Re: Relay For Life on August 15 - 17, 2014 at Kimba I Park, 1249 D Avenue, National City, CA 91950. City of National City and its officials, employees, agents and volunteers are included as an additional insured in accordance with the terms and conditions of the general IiaDility policy. CERTIFICATE FOLDER City of National City Attn: Vinay Rolm 1243 National City Blvd. National City, C 1 91950 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE R 9( L ACORD 25 (201 1/01) The ACORD name and logo are registered marks of ACORD ©1988-2014 ACORD CORPORATION. All rights reserved. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 1, 2014 AGENDA ITEM NO.4l EM TITLE: 'Warrant Register #35 for the period of 2/19/14 through 2/25/14 in the amount of $1,773,848.11. (Finance) PREPARED BY: K. Apalategui PHONE: 1619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 2/19/14 through 2/25/14. In accordance with Finance Department $50,000.00. Vendor Check EC Construction 311167 Pal General Engineering 311208 Paradise Creek 311209 Public Emp Ret System 311216 Ramona Paving 311217 )G&E 311224 i itech Software System 311237 DEPARTMENT: Finan policy, below is an explanation of all warrants above Amount 340,372.87 387,117.40 61,179.16 302,261.10 168,189.42 57,932.24 118,650.83 Explanation Aquatic Center Project Community Corridor Professional Svcs / WI-TOD Period 2/04/14 — 2/17/14 8th Street Safety Enhancements Facilities Gas & Electric Software Maint 4/1/14 — 3/31/15 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $1,773,848.11. APPROVED: `VIA Finance APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,773,848.11. BOARD / COMMISSION RECOMMENDATION: N/A� ATTACHMENTS: arrant Register #35 PAYEE POWER PLUS SW EETWATER AUTHORITY 3M COMPANY ACE UNIFORMS & ACCESSORIES INC AIRGAS WEST ALIGNMENT EXPRESS ALL FRESH PRODUCTS AMEDEE, W AT&T MCI AT&T MOBILITY AUTO BEAUTY PRODUCTS BARAWED, C BAVENCOFF JR, D BOOT WORLD BUREAU VERITAS N AMERICA INC CALIFORNIA ASSOCIATION OF CODE CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY Co"ION SOLUTIONS AMERICA INC. IN SOLUTIONS AMERICA INC. CHRISTENSEN & SPATH LLP CITY OF SAN DIEGO COOPERS PLUMBING & HEATING COSCO FIRE PROTECTION INC COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COX COMMUNICATIONS D MAX ENGINEERING INC DANIELS TIRE SERVICE DAY WIRELESS SYSTEMS DAY WIRELESS SYSTEMS (20) DELTA DENTAL INSURANCE CO DIVISION OF THE STATE D-MAX ENGINEERING DREW FORD HYUNDAI DURON, C EC CONSTRUCTORS, INC. FAST SIGNS FERGUSON ENTERPRISES INC FLEET SERVICES INC GALLS INC GARCIA, B GEOSYNTEC CONSULTANTS INC r r)YEAR TIRE & RUBBER COMPANY ICUS INC SYSTEMS INC HAPPY SOFTWARE INC HAPPY SOFTWARE INC HARRIS & ASSOCIATES INC HARRIS & ASSOCIATES INC HUNTER'S NURSERY INC WARRANT REGISTER # 35 2/25/2014 DESCRIPTION EQUIPMENT RENTAL / S A WATER UTILITIES / S A SAFETY GLASES / PW BLACK RESPONSE JACKET MOP 45714 MATERIALS & SUPPLIES LABOR, REPLACE UPPER & LOWER JOINT / PW FOOD / NUTRITION CENTER REIMBURSEMENT -SHELTER OPERATIONS ATT PHONE SERVICE - 12/13/13 - 1/12/14 ATT WIRELESS SERVICE - 11/6/13 - 12/5/13 RED POLISH SOAP/CHAMOIS SUBSISTENCE: BACKGROUND INVESTIGATORS SUBSISTENCE: BACKGROUND INVESTIGATORS MOP 64096 WEARING APPAREL CHK NO 311130 311131 311132 311133 311134 311135 311136 311137 311138 311139 311140 311141 311142 311143 PEDESTRIAN CROSSING ENHANCEMENT PROJECT 311144 MEMBERSHIP - SARMIENTO MOP 45754 R&M BUILDINGS MOP 45698 ELECTRICAL MATERIAL USER CONSOLE INTERFACE / PW SALES TAX REGISTRATION: 2014 CONFERENCE LEGAL SVCS RADIO HEADSET REPAIR / FIRE PLUMBING SERVICES, REPAIRS FIRE SPRINLER, FLAPPER VALUE REPAIR SHARE OF PC REVENUE - JAN 2014 RCS SYSTEM MAINT ! JAN 2014 COX COMMUNICATIONS DATA FY14 DEPOSIT #90007 SONIC PROJECT 700-12 ULTRA YRDMST W/TUBE 12 DR TECH SERVICE RADIO MAINTENANCE SERVICE / PD COBRA DENTAL INS - JAN 2014 DISABILITY ACCESS & ED FUND STORM WATER SERVICES MOP 49078 AUTO PARTS REIMBURSEMENT: LICENSE RENEWAL AQUATIC CENTER PRINTED VINYL HXW / PW MOP 45723 R&M BUILDINGS MOP 67804 AUTO PARTS SABRE RED CROSSFIRE STREAM / FIRE ED REIMBURSEMENT LEGAL SVC - EDUCATION VILLAGE MOP 72654 TIRES GRANICUS WEBCASTING FOR FY14 GTC SYSTEMS NETWORK SUPPORT SOFTWARE, SUPPORT SERVICES SOFTWARE, SUPPORT SVCS 311145 311146 311147 311148 311149 311150 311151 311152 311153 311154 311155 311156 311157 311158 311159 311160 311161 311162 311163 311164 311165 311166 311167 311168 311169 311170 311171 311172 311173 311174 311175 311176 311177 311178 PROFESSIONAL SERVICES, 8TH ST. SMART GROWTI 311179 DEPOSIT#1810 ALPHA PROJECT 311180 MOP 45719 HORTICULTURAL ITEMS 311181 1/3 DATE AMOUNT 2/25/14 195.00 2/25/14 43.72 2/25/14 113.40 2/25/14 336.77 2/25/14 306.17 2/25/14 8,738.66 2/25/14 641.31 2/25/14 70.05 2/25/14 7,787.07 2/25/14 4,422.00 2/25/14 388.80 2/25/14 640.00 2/25/14 640.00 2/25/14 87.47 2/25/14 690.00 2/25/14 75.00 2/25/14 141.71 2/25/14 2,313.49 2/25/14 3,227.00 2/25/14 172.98 2/25/14 250.00 2/25/14 7,149.00 2/25/14 348.58 2/25/14 85.00 2/25/14 7,352.28 2/25/14 14,264.50 2/25/14 7,526.00 2/25/14 3,133.82 2/25/14 1,270.00 2/25/14 2,067.45 2/25/14 102.26 2/25/14 320.39 2/25/14 71.03 2/25/14 934.62 2/25/14 34,399.65 2/25/14 745.72 2/25/14 17.00 2/25/14 340,372.87 2/25/14 65.40 2/25/14 290.90 2/25/14 190.81 2/25/14 502.50 2/25/14 140.00 2/25/14 936.73 2/25/14 1,926.51 2/25/14 1,477.35 2/25/14 6,337.50 2/25/14 9,736.40 2/25/14 2,434.10 2/25/14 10,037.39 2/25/14 680.00 2/25/14 86.99 PAYEE HYDRO SCAPE PRODUCTS INC JERAULD'S AUTOMOTIVE INC JERAULDS CAR CARE CENTER JJJ ENTERPRISES KAISER FOUNDATION HEALTH PLANS KIMLEY HORN AND ASSOC INC KNOX ATTORNEY SERVICE INC KONICA MINOLTA L N CURTIS & SONS LABACO, L LASER SAVER INC LOPEZ, T MAINTEX INC MASON'S SAW & MAYER REPROGRAPHICS MILLER, V MTS NAPA AUTO PARTS NATIONAL CITY CAR WASH NATIONAL CITY TROPHY NORTHROP GRUMMAN CORPORATION ONE SOURCE DISTRIBUTORS ORIENTAL TRADING CO INC PACIFIC AUTO REPAIR PACIFIC TELEMANAGEMENT SERVICE PAL GENERAL ENGINEERING INC PARADISE CREEK PARKHOUSE TIRE PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD PROGRESSIVE SOLUTIONS INC PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RAMONA PAVING AND RBF CONSULTING RESTORATION MGMT COMPANY RIVERSIDE COUNTY SHERIFF DEPT SAINZ, L SAN DIEGO PET & LAB SUPPLY SAV-MART PHARMACEUTICALS SDG&E SMART & FINAL SOUTHERN CALIFORNIA SOIL & STAPLES ADVANTAGE STARTECH COMPUTERS SUPERIOR READY MIX SWEETWATER AUTHORITY SYSCO SAN DIEGO INC TARGETSOLUTIONS THE SOCO GROUP, INC. THOMSON WEST 2/3 WARRANT REGISTER # 35 2/25/2014 DESCRIPTION CHK NO DATE AMOUNT MOP 45720 PIPE VALVES, FITTINGS 311182 2/25/14 1,490.46 PRESSURE HOSE 6W1Z 3A719 B / PW 311183 2/25/14 514.68 ENGINE OIL 10W30 311184 2/25/14 2,264.20 SECURITY/FIRE ALARM 311185 2/25/14 3,850.00 RETIREES INS - COBRA - JAN 2014 311186 2/25/14 919.72 HIGHLAND AVENUE RFA 311187 2/25/14 11,953.81 SERVICE OF OPPOSITION TO MOTION 311188 2/25/14 212.50 COPIER LEASE / 1/1/14 - 1/31/14 311189 2/25/14 217.89 WILDLAND FIRE HOSE CLAMP / FIRE 311190 2/25/14 1,009.72 REFUND - BUSINESS LICENSE 311191 2/25/14 100.00 MOP 45725 TONERS - FIRE 311192 2/25/14 752.32 TRANSLATION SERVICES FOR FY 2014 311193 2/25/14 140.00 RAGS 4 CORNER TURKISH TOWELS 311195 2/25/14 530.85 MOP 45729 SMALL TOOLS 311196 2/25/14 307.51 AQUATIC CENTER BOND PRINTING 311197 2/25/14 237.01 LITIGATION MATTER 311198 2/25/14 57.93 MTS FLAGGER SERVICES FOR GRAFFITI 311199 2/25/14 67.94 MOP 45735 AUTO PARTS 311200 2/25/14 36.53 MOP 72454 R&M AUTO EQUIPMENT 311201 2/25/14 495.00 MOP 66556 R&M BUILDING 311202 2/25/14 51 RMS SOFTWARE - 12/2/13 - 12/1/14 311203 2/25/14 46,31: MOP 67256 ELECTRICAL MATERIAL 311204 2/25/14 6''.1u VALENTINES CRAFT SUPPLIES / CSD 311205 2/25/14 101.25 SMOG CERTIFICATION & REPAIRS 311206 2/25/14 1,337.58 PACIFIC TELEMANAGEMENT PAYPHONE 311207 2/25/14 228.00 COMMUNITY CORRIDOR 311208 2/25/14 387,117.40 PROFESSIONAL SERVICES 311209 2/25/14 61,179.16 LT265/70R18 E MIC LTX AT2 TIRES 311210 2/25/14 233.91 R&M CITY VEHICLES 311211 2/25/14 2,667.16 MOP 67839 AUTO PARTS 311212 2/25/14 769.60 MOP 45707 MISC SUPPLIES - NSD 311213 2/25/14 37.57 BLUE BUSINESS LICENSE FORMS / FIN 311214 2/25/14 606.90 MOP 45742 LAUNDRY SERVICE 311215 2/25/14 535.85 SERVICE PERIOD 02/04/14 - 02/17/14 311216 2/25/14 302,261.10 8TH STREET SAFETY ENHANCEMENTS PROJECT 311217 2/25/14 168,189.42 8TH ST. SAFETY ENHANCEMENTS 311218 2/25/14 1,713.98 WATER DAMAGE RESTORATION 311219 2/25/14 9,441.01 TUITION: BACKGROUND INVESTIGATOR 311220 2/25/14 402.00 REIMBURSEMENT: INSTALLATION LUNCHEON 311221 2/25/14 25.00 MOP 45753 K9 FOOD - PD 311222 2/25/14 201.30 MID63. MIDAZOLAM 10MG/SML / FIRE 311223 2/25/14 12.89 STREET GAS & ELECTRIC 311224 2/25/14 57,932.24 MOP 45756 MISC SUPPLIES - FIRE 311225 2/25/14 74.77 SOIL TESTING 311226 2/25/14 13,027.75 MOP 45704 OFFICE SUPPLIES - PD 311227 2/25/14 1,453.76 MOP 61744 MISC SUPPLIES - MIS 311228 2/25/14 80 COLDMIX 311229 2/25/14 2,49 FACILITIES WATER 311230 2/25/14 12,936.63 FOOD / NUTRITION CENTER 311231 2/25/14 2,555.87 PREMIER MEMBERSHIP RENEWAL / FIRE 311232 2/25/14 3,635.00 (4) 5 GALLON CONTAINERS 311233 2/25/14 284.69 ON LINE LEGAL RESEARCH FY14 311234 2/25/14 837.87 PAYEE TRAINING AND CONSULTING TEAM TRAINING AND CONSULTING TEAM TRITECH SOFTWARE SYSTEMS TURF MAKER TYLER TECHNOLOGIES INC UNDERGROUND SERVICE ALERT UNION TRIBUNE PUB CO VALLEY INDUSTRIAL SPECIALTIES VERIZON WIRELESS VISION SERVICE PLAN (CA) WAXIE SANITARY SUPPLY WESTAIR GASES & EQUIPMENT INC WILLY'S ELECTRONIC SUPPLY WARRANT REGISTER # 35 2/25/2014 DESCRIPTION SUBSISTENCE: CANINE LIABILITY 360 REGISTRATION: CANINE LIABILITY 360 SOFTWARE MAINT - 4/1/14 - 3/31/15 EZ REACHER PRO 32" / PW EDEN LICENSING SUPPORT RENEWAL UNDERGROUND SERVICE ALERT CHARGES PUBLIC NOTICING / PLANNING COMMISSION MOP 46453 PLUMBING MATERIAL. VERIZON CELL - 12/22/13 - 1/21/14 VISION SVC PLAN - CA FEB 2014 JANITORIAL SUPPLIES HAZMATP ICK MOP 45763 MISC SUPPLIES - MIS GRAND TOTAL 3/3 CHK NO DATE AMOUNT 311235 2/25/14 256.00 311236 2/25/14 175.00 311237 2/25/14 118,650.83 311238 2/25/14 206.66 311239 2/25/14 49,521.23 311240 2/25/14 399.00 311241 2/25/14 576.80 311242 2/25/14 1,133.87 311243 2/25/14 8,498.98 311244 2/25/14 194.76 311245 2/25/14 2,729.01 311246 2/25/14 37.86 311247 2/25/14 492.41 A/P Total 1,773,848.11 $_1 773.848.11 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 1, 2014 AGENDA ITEM NO.1� EM TITLE: Warrant Register #36 for the period of 2/26/14 through 3/04/14 in the amount of $1,971,333.32. (Finance) PREPARED BY: K. Apalategui PHONE: 019-336-4331 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 2/26/14 through 3/04/14. DEPARTMENT: Final') APPROVED BY:<'J' In accordance with Finance Department policy, below is an explanation of all warrants above $50,000.00. Vendor Check Amount Explanation Health Net Inc 311307 55,301.34 Insurance R1192A — March 2014 Kaiser Foundation 311314 171,920.98 Insurance Active — March 2014 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $1,971,333.32. 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 $1,971,333.32. BOARD / COMMISSION RECOMMENDATION: IN/A1 ATTACHMENTS: arrant Register #36 PAYEE SDG&E ACE UNIFORMS & ACCESSORIES INC ACEDO, I AFLAC ALDEMCO ALL FRESH PRODUCTS ALL THE KINGS FLAGS ALLEN, R AMEDEE, W AMERICAN BACKFLOW SPECIALTIES ANDERSON, E BALLARDO, D BEARD, P BECK, L BISHOP, R BLACKIE'S TROPHIES AND AWARDS BOEGLER, C BOYD, P ;APF :ALIFORNIA ASSOCIATION OF L:ALIFORNIA COMMERCIAL SECURITY CALIFORNIA LAW ENFORCEMENT CARTEGRAPH SYSTEMS, INC. CEB CHRISTENSEN & SPATH LLP CHRISTENSEN & SPATH LLP CITY OF NATIONAL CITY CONDON, D COOPERS PLUMBING & HEATING CORPUZ, T CPOA DANESHFAR,Z DELTA DENTAL INSURANCE CO DESROCHERS, P DETECTIVE TRAINING FUND DETECTIVE TRAINING FUND DI CERCHIO, A DIZINNO, T DREDGE, J EISER III, G EQUIFAX INFORMATION SVCS FABINSKI, D FAST SIGNS =IRE ETC =OLSOM LAKE FORD GARCIA, B GELSKEY, K GEORGE'S LAWN EQUIPMENT CO GEOSYNTEC CONSULTANTS INC GIBBS JR, R WARRANT REGISTER #36 3/4/2014 DESCRIPTION GAS AND ELECTRIC UTILITIES / S A NAVY BLUE FULL CUT PANTS / FIRE RETIREE HEALTH BENEFITS - MAR 2014 AFLAC ACCT BDM36 - MARCH 2014 FOOD / NUTRITION FOOD / NUTRITION CENTER FLAGS, ACCESSORIES, POLES RETIREE HEALTH BENEFITS - MAR 2014 REIMB - TRAVEL EXPENSE BACKFLOWS, GAUGES, PARTS CHK NO 311248 311249 311250 311251 311252 311253 311254 311255 311256 311257 RETIREE HEALTH BENEFITS - MAR 2014 311258 SUBSISTENCE: ICI DETECTIVE SYMPOSIUM 311259 RETIREE HEALTH BENEFITS - MAR 2014 311260 RETIREE HEALTH BENEFITS - MAR 2014 311261 RETIREE HEALTH BENEFITS - MAR 2014 MOP 67727 METAL NAME TAGS - PD RETIREE HEALTH BENEFITS - MAR 2014 RETIREE HEALTH BENEFITS - MAR 2014 FIRE LTD - MARCH 2014 MEMBERSHIP FOR P SOSA MOP 45754 R&M BUILDINGS PD LTD - MARCH 2014 CDP IMPLEMENTATION SERVICES TORT DAMAGES LEGAL SERVICES LEGAL SVCS PETTY CASH REPLENISHMENT - JAN 2014 RETIREE HEALTH BENEFITS - MAR 2014 PLUMBING SERVICES, REPAIRS RETIREE HEALTH BENEFITS - MAR 2014 TUITION: OFFICER INVOLVED SHOOTINGS RETIREE HEALTH BENEFITS - MAR 2014 PMI DENTAL INS - MARCH 2014 RETIREE HEALTH BENEFITS - MAR 2014 TUITION: ICI DETECTIVE SYMPOSIUM TUITION: ICI DETECTIVE SYMPOSIUM RETIREE HEALTH BENEFITS - MAR 2014 REIMB - 5 THUMB DRIVES RETIREE HEALTH BENEFITS - MAR 2014 RETIREE HEALTH BENEFITS - MAR 2014 EQUIFAX SVC / SEC 8 RETIREE HEALTH BENEFITS - MAR 2014 VINYL BLACK ON YELLOW TEXT #22406 C-TRD-5451A122 CAIRNS 880 SHORT PAID INVOICE ED REIMBURSEMENT RETIREE HEALTH BENEFITS - MAR 2014 STAR EDGER/COVER CYLINDER LEGAL SVCS - ED VILLAGE RETIREE HEALTH BENEFITS - MAR 2014 311262 311263 311264 311265 311266 311267 311268 311269 311270 311271 311272 311273 311274 311275 311276 311277 311278 311279 311280 311281 311282 311283 311284 311285 311286 311287 311288 311289 311290 311291 311292 311293 311294 311295 311296 311297 DATE 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 1/3 AMOUNT 261.62 1,035.21 160.00 335.46 3,550.37 727:47 1,029.07 125.00 15.26 787.69 110.00 624.00 70.00 140.00 110.00 25.92 260.00 145.00 624.00 75.00 156.74 1,984.40 7,300.00 146.11 2,460.19 1,330.00 102.05 280.00 1,115.82 140.00 226.00 250.00 2,899.38 110.00 25.00 25.00 70.00 54.45 250.00 250.00 51.40 220.00 111.83 3,423.69 500.00 109.00 115.00 266.47 4,454.70 120.00 PAYEE GRAINGER GRANT MANAGEMENT USA GUNDERT, M HANSON, E HARD COPY HAUG, S HEALTH NET HEALTH NET HEALTH NET HEALTH NET INC HODGES,B HONDO, E HONEYWELL INTERNATIONAL INC INT'L HISPANIC NETWORK BUS JAMES, R JUNIEL, R KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KIMBLE, R KNOX ATTORNEY SERVICE INC KNOX ATTORNEY SERVICE INC KONICA MINOLTA LADCO LANDA, A LEAGUE OF CALIFORNIA CITIES LEAGUE OF CALIFORNIA CITIES LIMFUECO, M LORMAN EDUCATION SERVICES MALDONADO, J MATIENZO, M MC CABE, T MEDINA, R METRO AUTO PARTS DISTRIBUTOR MUNICIPAL CODE CORPORATION MURRAY, J MYERS, B NAGLE, D NAPA AUTO PARTS NATIONAL CREDIT REPORTING NOSAL, W NOTEWARE, D OCHOA, I PAUU JR, P PEASE JR, D PERRY FORD PETERS, S POST, R POTTER POWERSTRIDE BATTERY CO INC WARRANT REGISTER #36 3/4/2014 DESCRIPTION MOP 65179 SMARTTOOL - FIRE TUITION: GRANT WORKSHOP RETIREE HEALTH BENEFITS - MAR 2014 RETIREE HEALTH BENEFITS - MAR 2014 LIABILITY CLAIM COSTS RETIREE HEALTH BENEFITS - MAR 2014 FULL NETWORK 57135A - MAR 2014 INS FOR MARCH 2014 HEALTHNET INS N5992A - MAR 2014 INS R1192A - MARCH 2014 RETIREE HEALTH BENEFITS - MAR 2014 RETIREE HEALTH BENEFITS - MAR 2014 ESPC M&V SERVICES CHK NO 311298 311299 311300 311301 311302 311303 311304 311305 311306 311307 311308 311309 311310 MEMBERSHIP - 2014 LOCAL GOVERNMENT 311311 RETIREE HEALTH BENEFITS - MAR 2014 RETIREE HEALTH BENEFITS - MAR 2014 INS ACTIVE - MARCH 2014 INS ACTIVE - MARCH 2014 GROUP #104220-0005 INS - MAR 2014 RETIREE HEALTH BENEFITS - MAR 2014 ATTORNEY SERVICES SACRAMENTO COURT FILING COPIER EQUIPMENT LEASE LIABILITY CLAIM COSTS RETIREE HEALTH BENEFITS - MAR 2014 LCC - CITY ATTNY SPRING CONFERENCE VIOLENCE IN WORKPLACE WEBINAR RETIREE HEALTH BENEFITS - MAR 2014 CELL TOWERS WEBINAR RETIREE HEALTH BENEFITS - MAR 2014 RETIREE HEALTH BENEFITS - MAR 2014 RETIREE HEALTH BENEFITS - MAR 2014 RETIREE HEALTH BENEFITS - MAR 2014 MOP 75943 AUTO PARTS CODE SUPPLEMENT #40 RETIREE HEALTH BENEFITS - MAR 2014 RETIREE HEALTH BENEFITS - MAR 2014 311312 311313 311314 311315 311316 311317 311318 311319 311320 311321 311322 311323 311324 311325 311326 311327 311328 311329 311330 311331 311332 311333 311334 SUBSISTENCE - ICI DETECTIVE SYMPOSIUM 311335 MOP 45735 AUTO PARTS 311336 CREDIT REPORTING / S8 311337 RETIREMENT SETTLEMENT - MAR 2014 311338 RETIREE HEALTH BENEFITS - MAR 2014 311339 RETIREE HEALTH BENEFITS - MAR 2014 311340 RETIREE HEALTH BENEFITS - MAR 2014 311341 RETIREE HEALTH BENEFITS - MAR 2014 311342 MOP 45703 R&M AUTO EQUIPMENT 311343 RETIREE HEALTH BENEFITS - MAR 2014 311344 RETIREE HEALTH BENEFITS - MAR 2014 311345 RETIREE HEALTH BENEFITS - MAR 2014 311346 MOP 67839 AUTO PARTS 311347 DATE 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 3/4/14 AMOUNT 238.44 595.00 350.00 135.00 109.58 120.00 5,153.90 1,528.85 525.07 55, 301.34 200.00 110.00 5,510.40 1,500.00 140.00 50.00 171,920.98 2,681.00 1,828.53 300.00 161.25 94.75 8,655.66 150.00 155.00 595.00 50.00 160.00 219.00 130.00 100.00 280.00 105.00 2,254.92 151.69 150.00 140.00 624.00 295.83 99.00 1,176.44 120.00 125.00 340.00 140.00 823.85 290.00 280.00 150.00 690.36 PAYEE PRENDELL, E PRENDELL, E PRO BUILD PRO -EDGE KNIFE PRUDENTIAL OVERALL SUPPLY RAY, S REEDER, M RELIANCE STANDARD ROARK, L ROE, V RON BAKER CHEVROLET RPM WELDING INC RUIZ, J SAV-MART PHARMACEUTICALS SERVATIUS, J SHORT, S SMART & FINAL SMITH, J SOUTH BAY FENCE INC. SOUTHERN CALIF TRUCK STOP STACK TRAFFIC CONSULTING INC STAPLES ADVANTAGE STARTECH COMPUTERS STRASEN, W SWEETWATER AUTHORITY THE LIGHTHOUSE INC THE LINCOLN NATIONAL LIFE INS THE LINCOLN NATIONAL LIFE INS TIPTON, B T-MAN TRAFFIC SUPPLY TOPECO PRODUCTS TRIVIZ, R U S HEALTHWORKS UNITED RENTALS UNITED ROTARY BRUSH URIAS, N WHITE, J ZIETLOW, D WIRED PAYMENTS TRISTAR RISK MANAGEMENT SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 5 2/4/2014 WARRANT REGISTER #36 3/4/2014 DESCRIPTION GFOA BUDGET ACADEMY REIMB -TRAVEL, PUBLIC RET SEMINAR MOP 45707 MISC SUPPLIES - NSD KNIFE SHARPENING SVCS / NUTRITION MOP 45742 LAUNDRY SERVICES RETIREE HEALTH BENEFITS - MAR 2014 TRAVEL & SUBSISTENCE VOLUNTARY LIFE INS - MAR 2014 RETIREE HEALTH BENEFITS - MAR 2014 RETIREE HEALTH BENEFITS - MAR 2014 MOP 45751 R&M AUTO EQUIPMENT MOP 45749 R&M BUILDINGS RETIREE HEALTH BENEFITS - MAR 2014 MORPINE 10MG 1 ML X10 CARPS RETIREE HEALTH BENEFITS - MAR 2014 RETIREE HEALTH BENEFITS - MAR 2014 MOP 45756 MISC SUPPLIES - PD RETIREE HEALTH BENEFITS - MAR 2014 FENCE INSTALLATION & REPAIRS MOP 45758 R&M FIRE EQUIPMENT DEPOSIT #1691 - TROLLEY STATIONS MOP 45704 OFFICE SUPPLIES - PD MOP 61744 DIAGNOSTIC SVC - MIS RETIREE HEALTH BENEFITS - MAR 2014 DEPOSIT - 1726 WILSON, 2101 HOOVER MOP 45726 AUTO PARTS LIFE & AD&D, STD, LTD INS - FEB 2014 LIFE & AD&D, STD, LTD INS - MAR 2014 RETIREE HEALTH BENEFITS - MAR 2014 MOP 76666 TRAFFIC CONTROL SUPPLY MOP 63849 AUTO PARTS RETIREE HEALTH BENEFITS - MAR 2014 MEDICAL SERVICES SCISSOR LIFT 19' ELECTRIC STREET SWEEPER REPAIRS RETIREE HEALTH BENEFITS - MAR 2014 RETIREE HEALTH BENEFITS - MAR 2014 RETIREE HEALTH BENEFITS - MAR 2014 JAN 2014 WC REPLENISHMENT Start Date End Date 2/26/2014 3/4/2014 End Date Check Date 2/17/2014 2/26/2014 3/3 CHK NO DATE AMOUNT 311348 3/4114 846.24 311349 3/4/14 139.50 311350 3/4/14 166.63 311351 3/4/14 46.00 311352 3/4/14 252.31 311353 3/4/14 190.00 311354 3/4/14 638.28 311355 3/4/14 2,864.79 311356 3/4/14 135.00 311357 3/4/14 120.00 311358 3/4/14 471.17 311359 3/4/14 988.00 311360 3/4/14 310.00 311361 3/4/14 40.50 311362 3/4/14 340.00 311363 3/4/14 300.00 311364 3/4/14 85.59 311365 3/4/14 320.00 311366 3/4/14 3,765.00 311367 3/4/14 10.00 311368 3/4/14 500.00 311369 3/4/14 342.99 311370 3/4/14 75.00 311371 3/4/14 135.00 311372 3/4/14 18,284.00 311373 3/4/14 631.07 311374 3/4/14 8,631.21 311375 3/4/14 8,621.71 311376 3/4/14 250.00 311377 3/4/14 71.29 311378 3/4/14 188.60 311379 3/4/14 135.00 311380 3/4/14 338.00 311381 3/4/14 366.44 311382 3/4/14 923.16 311383 3/4/14 125.00 311384 3/4/14 230.00 311385 3/4/14 150.00 A/P Total 357,790.62 308594 3/4/14 40,188.12 712,103.11 861,251.47 GRAND TOTAL $ 1,971,333.32 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 ROBER S�NCC 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 1" OF APRIL, 2014. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 1, 2014 AGENDA ITEM NO. 13 ITEM TITLE: 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. (Applicant: Peter Crivello) (Case File 2013-29 CUP) 1VY^ PREPARED BY: Martin Reeder, AICP PHONE: 336-4313 EXPLANATION: DEPARTMENT: Plann APPROVED BY: 7- The project location is Napoleone's Pizza House, a restaurant located at 619 National City Blvd. in Development Zone 3 (DZ-3) of the Downtown Specific Plan. The applicant is requesting to sell beer and wine for on -site consumption between the hours of 11:00 a.m. and 2:00 a.m. seven days a week. Council reviewed the Notice of Decision of the Planning Commission's approval at their meeting of March 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: Not 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: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, Bush, Flores, Pruitt Abstain: 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. 3-2014 7. PD and IPS comments 8. Reduced Plans BACKGROUND REPORT 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. 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. 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. The proposal is consistent with the City's General Plan, since Policy LU-5.5 provides for the support for redevelopment and revitalization of downtown. Formalizing the expansion of the restaurant will add to its viability and thus contribute to the character of downtown National City. 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. 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. i 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. 7tn 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 AU 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 of an 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. 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. The Risk Assessment report received from the Police Department scored the business with 10 points, which indicates that the business is considered low risk (12 points or less). The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, 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. 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 food, hours of operation, RBSS training, etc.). Police, Fire and Building Department comments have also been included as conditions. The proposed project has been reviewed in compliance with the California Environmental Quality Act. Staff has determined that the proposed use is categorically 2 exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. This determination is based on the fact that the project will result in no changes to the physical environment, since the proposal is located completely within the existing restaurant building. 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. Planning Commission conducted a public hearing on February 10, 2014. Commissioners asked questions regarding hours of operation, sales practices, and conditions of approval. As mentioned above, the applicant requested approval to sell beer and wine from 11 a.m. to 2 a.m. daily. Although the Planning Commission discussed the additional hours requested, they ultimately voted to approve the Conditional Use Permit based on required findings and subject to Conditions of Approval, which restricted the hours between 11 a.m. to 10 p.m. The Notice of Decision of the Planning Commission approval was reviewed by City Council at the March 4, 2014 Council meeting, at which time the item was set for hearing at the request of the applicant. Council reviewed the Notice of Decision of the Planning Commission's approval at their meeting of March 4, 2014 and set the item for hearing in order to discuss the item. The attached background report describes the proposal in detail. 3 RECOMMENDED FINDINGS FOR APPROVAL 1 That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, since the retail sale of alcoholic beverages is a conditionally -permitted use in Development Zone 3 (DZ-3) of the Downtown Specific Plan. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, since Policy LU-5.5 provides for the support for redevelopment and revitalization of downtown, which expanding the viability of the restaurant will encourage. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, 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. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, 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. 5. That granting of the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, 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. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, since staff has already determined that the proposed use is categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. 7. That public convenience and necessity will be served by the proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED FINDING FOR DENIAL 1. That public convenience and necessity will not be served by the proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 4 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. 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. RECOMMENDED CONDITIONS OF APPROVAL 2013-29 CUP, 619 National City Boulevard. 5 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 load 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. 6 any lieAeSO0:1 521 526 540 607 616 624 640 1B 700 1 1 1 1 1 1 1 1 1 1 1 2 0 0) c) 0o 1 1 1 1 1 1 1. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 515 517 515 543 G1 E 6th St 607 615 623 639 V 607 614 620 628 w m GJ W O G) RS-2 3 cD E-7th'St-----� 1 1 1 1 1 1 1 r- 1 1 1 1 1 1 701 704 706 724 4 609 613 617 629 637 645 705 711 1 8 . 7 — — — Zone Boundary Project Location 1 1 1 0 75 150 I Feet 300 APN: 556-331-04 Planning Commission Location Map 2013-29 CUP 1.29.14 7 CAl.IFOR11 A -H N Ty airy owerso CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel No.: Staff report by: Applicant: Property owner: Combined General Plan/ Zoning designation: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 3 February 10, 2014 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. 2013-29 CUP Near the southeast corner of National City Blvd. and E. 6th Street 556-331-04 Michael Fellows Peter Crivello Crivello Family Trust 08-08-74 Downtown Specific Plan Development Zone 3 (DZ-3) Commercial / DZ-3 Residential / DZ-3 Commercial / DZ-3 Commercial across National City Blvd. / DZ-1 B Categorically Exempt pursuant to Class 1, Section 15301 (Existing Facilities) 8 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. 9 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.8th 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 10 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 owneFs and occupants) 7. Notice of Exemption 8. Applicant's Plans (Exhibit A, case file no. 2013-29 CUP, dated 11/4/2013) (4. 74,4,4 MICHAEL FELLOWS BRAD RAULSTON Planning Technician Executive Director 11 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. 12 RECOMMENDED CONDITIONS OF APPROVAL 2013-29 CUP, 619 National City Boulevard. 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. 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. 13 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 load 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.AI1 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. 14 ,, , ,,,,,,‘,•ol,,, ..: i ves, -,,, -..... . \ 4.•.- ' : se,, z 11"'' ' • s. •,•, ,, - • • '‘. * • i ,47+v-• • - .( , ,,,,...,,K,..- , ,,,,...,. • • . - 0 st •• , • ,:',,,,,,,A, ,',-*,V.'-',.;-, ' ' -13 , ., . .,.. OonrInghtriC4nd (P)*01:18,-.290Vros oft Coicitoration andfor Ittiugpllers; tr. ihts reterve;ri Portions Cr 1904005 IhitallShield SdllraarP ColgOration. All rights rrtgNeO, • ,le t,.' Certain plopping and;d1 reclff dt Cr 2005 NAVTEG All rights resented:AA • 'and wtvrto ON BOARlitaretrO5ekhOrks kit50 62005 Triie Atlas North:Arne/Oa, Inc Ail rightsos5tkeil.iliele as.andvie Atlas eh Amene ortrielernarko•ri 1 - Atiaknt .. 1 Source: Microsoft Mappoint NCPD CAU, 4/18/07 City of National City Beat 20 k 15 1 3 Beet 33.03 31 n 2 .b krna �.f z Macis cri z-) Cir��� C �J er o.) 2' ,u :141,z.,G.t., /LAM &LID t. ti Napoleone Pizza House, Inc We, will be holding a romntu ni , meeting regulations, for Proposal our to Extend the area approved to sell beer and winewithin the restaurant. be .There will .no physical expansion to the area. We have been selling beer and wine. at this location for 55 . years and the proposal is to be able to continue to do so. You are invited to comment on this proposal on: January 28 2014 at 5:30pm 619 National. City Blvd, National City, CA 91950 17 Sian o2 eJ .2®/V VD au C4I jjJ/9A 4 LCe Y AAA., /07-u.v 4 d/ i�► (,rQ, o r V Q/fl7..ap't Cl x2QJYx> .44ef cJL4 va.4,°6: Aguniar / a fvgi r - ad ,,ai<.. - lla- m 1.6 /11- s ue 64 AV z _ _61 sue, fI7r7 -ea/ o 7rri 9 % a_, r - 4__ 6) ctpa-eleA P 0 3 ,e0t4E:yaD „kJ/fp 1-0-1 i0a4I ts„4, v(pc-L. f 0 6--f C! ._.,),,,,,it,, ,f t> )10 i d CJY - 1 11 c, v. & ,,, , /7 / P ( vy1 M o n s r't 1 Q / ZID- / 3 t ) 14 TNSifilikiC6- . 2) _1/4:)4S CX:i I II-D ..._e .D S) (a) ' 6) /6) 1,O 12) 14} NapoiennePia House Inc nc We will be holding a community, regulations, for our Proposal to Extd thergea approved to sell beer and wine within the restaurant. There will be no physical expansion to the area. We have been selling beer and wine at this location for 55 years and the proposal is to be able to continue to do You are invited so. to comment on this proposal on: November 26, 2013 at 5:30pm 619 National City Blvd, National City, CA 91950 19 I cVie-r� � � - 21, 3 c . Are_ 1 o v c ; cc,AlLf co,- r;..-.7tiovs' to1q rvr, c- ? 9 4i0 n a = mac, tbe.- rto e z1 Ot,= IS ¢X- 5avn 1-v ba c 1i ve ehlrX' 4r movi- ? .nr C\= tVo _ 'e" LfU p,Gbbtnin5 kV 5e[1 nriC a3c.,e..3,-- 4 WIrne7 �= WO "ad we.z.o r Ze Ae eff1 j .f fie-✓ .. yrzidr n v : Ch.irc,p u c ujo q--1tc c u Chi 0 ( cc l oui0 f.A.fw ,vi c %> CA.) a. no- o AL> Cu/° 20 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(c�nationalcitvca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. PLANNING DEPARTMENT BRAD RAULSTON Executive Director 21 GALdFORRIA 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: Peter Crivello 619 National City Boulevard National City, CA 91950 Exempt Status: Telephone Number: (619) 947-6742 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 22 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. 23 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. 24 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 load 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. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. 25 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 26 NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DA i'h: 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. Type of Business 0 Restaurant (1 pt) ❑ Market (2 pts) ❑ Bar/Night Club (3 pts) II. Hours of Operation ❑ Daytime hours (1 pt) 0 Close by l Opm (2 pts) 0 Close after l Opm (3 pts) III. Entertainment 0 Music (1 pt) ❑ Live Music (2 pts) ❑ Dancing/Live Music (3 pts) IV. Crime Rate fd Low (1 pt) ❑ Medium (2 pts) 0 High (3 pts) V. Alcohol Businesses per Census Tract 1 Below (1 pt) 0 Average (2 pts) 0 Above (3 pts) 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 Revised: 11/11 1 of 2 27 National City Police Department ABC Risk Assessment VI. Calls for Service at Location (for previous 6 months) 0 Below (1 pt) ❑ Average (2 pts) ❑ Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) 0 Mostly commercial businesses (1 pt) Some businesses, some residential (2 pts) Fl Mostly residential (3 pts) VIII. Owner(s) records check it No criminal incidents (0 pts) ❑ Minor criminal incidents (2 pts) 0 Multiple/Major criminal incidents (3 pts) Low Risk ( 12pts or less) Medium Risk (13— 18pts) High Risk (19 — 24pts) Total Points 10 pts OWNER NAME: Salvatore Crivello DOB: 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 - Furnish alcohol to under 21 years of age. Completed by: Graham Young, Lt. 2 of 2 Badge ID: 365 28 South Bay community change project 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, Califomia, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org 29 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 clean 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 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 2 of 6 Mailing Address: 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publiostrategies.org • 30 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. f t t t schools near 619 National City Blvd, National City, CA SDCOE-South County Regional Education Center - 800 National City Blvd. National City CA 0 1 mi S (619)470-5200 sdcae net Integrity Charter School • 701 National City Blvd_ National City. CA 233 ft S (619) 336-0808 integfitycharlerschool net Southwestern Community College 880 National City Blvd. National City. CA 0 2 mi S (619)216-6665 sexed edu South Region Community School - 800 National City Blvd. National City, CA 0 1 mi S (619) 470-5211 Revert a F+i°Llam - kites Lew - Mel; Geo& Maps -4201 t Gaggle - Temu of Use - Fnvaq Rodeway km , Nation& Chy Jack In the Box 11 AMPM Chase ATM * gihSt St 4 CSida'b Barn AWo tenon 1200 0 Diocoan1 itoaing2U El Camino National Chy snipped Workers Union rz-LOANS & PAYDAY • ADVANCES Dish Network Dehesa Auto Sales A Dr Yee Parts 8 �. Accebsories Integrity Chatter School Clarion Hotel South Bay SOCOE-South lela Canty Regional I._j Education Center S,nall Business and to emotional-r Trade Cen City ighei Education Center Nieder kw Cr. Union Bank National City Chamber -Con 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 3 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 31 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. (.look l0) ,..onec 1 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 Institute for Public 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. pubticstrategies. org 32 Census Tracts Off -Sale On -Sale Census Tract 0118.01 Establishment is within this tract Allowed: 2 Actual: 2 Number Above/Below Allowable: - Allowed: 4 Actual: 4 Above/Below: - Neighboring Census Tracts Tract 118.02 Allowed: 4 Actual: 5 Number Above/Below Allowable: +1 Allowed: 7 Actual: 2 Above/Below: -5 Tract 117 Allowed: 4 Actual: 9 Number Above/Below Allowable: +5 Allowed: 7 Actual: 13 Above/Below: +6 Crime Rate 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 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 5 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 33 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 34 i ftlei-i zr- -, tilcierS7%...**V-6 (AYOUN. • 2,`3 NTSR101-t `F/AL`. Roo wt AP t•• 1 IO 11/21 x io' MEv t i voo'R 0904 12A55-114gli ..L ill ..a 20' 3" WALL 7 • 74 (.1EY4 WALL ADO ITICOA N A►POL.e„®N f' oeo eo CHANGES 3 7 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 1, 2014 AGENDA ITEM NO. 14 TEM TITLE: Notice of Decision — Planning Commission denial of a Conditional Use Permit for a Wireless Communications Facility at 3820 Cagle Street. (Applicant: Plancom, Inc. for Verizon Wireless.) (Case File 2014-01 CUP) VIC PREPARED BY: MartinfReeder, AICP PHONE: 336-4313 EXPLANATION: DEPARTMENT: P APPROVED BY: The project site is Sweetwater Heights Park, which is located on the south side of Cagle Street, near its terminus at Plaza Bonita Center Way, in the Open Space zone. There are three existing wireless facilities located on two artificial trees at the park — a palm and a pine. The applicant proposes to install 45-foot tall artificial pine tree and a 408 square -foot, partially underground equipment shelter. The tree would be located near to the artificial palm, with the equipment shelter tucked into the east corner of the park. Planning Commission conducted a public hearing on March 3, 2014. Commissioners expressed concerns regarding the footprint of the facility, the already existing cell towers, and the use of public park space for private use. The Planning Commission voted to deny the Conditional Use Permit based on findings contained in the attached Resolution, which was adopted on March 17, 2014. The attached Planning Commission staff report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: 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 denied the Conditional Use Permit. Ayes: Alvarado, Baca, Flores, Garcia, Pruitt Noes: Bush, DeLaPaz ATTACHMENTS: I. Location Map ?. Planning Commission Staff Report 3 Resolution No. 8-2014 4. Public correspondence from 3/3/14 PC meeting 5. Reduced Plans 6. Site photos, photo simulations, and coverage maps RS-2 Cagle St 3707 3711 3715 MI NS MN 3746 City Boundary Zone Boundary Project Location APN; 564-290-06 .... COUNTY OF SAN DIEGO CITY OF NATIONAL CITY RS-2 c) N. M 3604-3814 RS-2 10. GP-PZ (RS-2) RS 1 l__ 1 I Feet 0 75 150 300 Planning Commission Location Map 2014-01 CUP 2.5.14 1 Item no. 5 March 3, 2014 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 Title: Case File No.: Location: APN: Staff report by: Applicant: Property Owner: Parcel size: Plans prepared by: Zoning Designation: PLANNING COMMISSION STAFF REPORT PUBLIC HEARING — CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT 3820 CAGLE STREET. 2014-01 CUP Sweetwater Heights Park — 3800 Block of Cagle Street 564-290-06 Martin Reeder, AICP — Principal Planner Plancom, Inc. for Verizon Wireless City of National City 102,366 square feet (2.35 acres) Booth & Suarez Architects Open Space (OS) Adjacent Land Use / Zoning: North: East: South: West: Environmental review: Residential / RS-1 (Large Lot Residential) Residential / RS-2 (Small Lot Residential) Vacant and Residential / GP-PZ (RS-2) Residential across Cagle Street / RS-2 Categorically Exempt pursuant to Class 3 Section 15303 (New Construction or Conversion of small structures) 2 BACKGROUND Site characteristics The project site is Sweetwater Heights Park, which is located on the south side of Cagle Street, near its terminus at Plaza Bonita Center Way, in the Open Space zone. The park contains playground equipment and a sand area near the southwest corner, and a basketball court on the east end of the park. There are two existing wireless facilities located at the same site; an artificial palm tree approved in 2002 and an artificial pine tree, which was approved in 2004. The palm tree is 40 feet tall and is operated by Sprint. The pine tree is 55 feet tall and has two carriers upon it — AT&T and T-Mobile. The Sprint facility is located along the north property line and has an above -ground equipment shelter. The AT&T/T-Mobile facility has underground equipment shelters (two vaults) and is located just south of the Sprint facility. Project proposal The applicant proposes to install a 45-foot tall artificial pine tree and a 408 square -foot equipment shelter. Tree -mounted equipment includes twelve 6-foot tall panel antennas and a 4-foot diameter microwave dish. The new facility is proposed directly east of the existing facilities. The tree would be located near to the artificial palm, with the equipment shelter tucked into the east corner of the park. The shelter would be partially underground with approximately seven feet remaining above ground. Landscaping is proposed along the west elevation to screen the shelter from Cagle Street. The facility also proposes to have an emergency generator in case of power failure. The generator would be within the equipment shelter. Analysis The proposal is a good example of a stealth facility, consistent with City policy. The antennas are proposed to project approximately three feet from the tree trunk but will be obscured by the fronds. Wiring between the tree and shelter would be placed underground. The two existing facilities have underground shelters, which limits the exposure of equipment. The applicant considered a vault, but ultimately opted for the partially underground shelter citing costs and waterproofing issues. Although it may be more consistent to also underground the shelter, there is already one facility with an above -ground shelter (Sprint). Given that the facility is tucked into the far corner of the park, there is less issue with regard to loss of park space. The proposed shelter structure is larger than the existing above ground shelter on -site. The proposed shelter is 34 feet by 12 feet in size (408 square feet). The existing Sprint shelter is around 300 square feet, although it is higher (10-12 feet high). To enhance the site, the applicant is proposing landscaping (palms) to screen the shelter from Cagle 3 Street. A condition of approval (No. 20) has been included to require that landscaping be tall enough to screen the shelter from Cagle Street (greater than 7 feet). The facility is also consistent with City policy related to co -location with existing facilities. There are three other facilities in the area. The existing trees are not large enough to accommodate another carrier's antennas without making the trees significantly taller. However, by locating adjacent to existing facilities, there is greater opportunity to camouflage the artificial tree with existing trees, live and artificial alike. The facility is proposed to improve service south of State Route 54. Based on the attached Coverage Map, the area currently has limited or weak service. The facility is expected to generate only one to two vehicle trips per month for maintenance staff and is unlikely to have any impacts on local traffic patterns. Comments were received from the Building and Fire Departments and require compliance with current and new 2014 codes. Standard Conditions of Approval for wireless facilities are also included, requiring compliance with local, state, and federal codes, and that any external equipment is painted to match the surface on which it is mounted. The Public Works/Parks Department had no comments related to the project. Public Comment One letter was received in response to the public notice from a nearby residential property owner on Cagle Street across from the park. Concerns noted in the letter were mostly related to potential hazards from radio frequency and chemicals, noting the warning labels on existing facilities. All facilities have a label warning of chemicals in backup batteries contained within equipment shelters. These batteries are enclosed and out of reach of all but maintenance staff. With regard to radio frequency issues, it should be noted that, per the 1996 Telecommunications Act, "no State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions." The letter also relays safety and security concerns related to graffiti, people hiding or involved in illegal activity in and around existing facilities. This could be addressed through additional conditions (e.g., requiring additional lighting) at the discretion of the Commission, although there is a standard condition related to graffiti (No. 19). An additional concern was related to potential decreases in property values related to proliferation of wireless facilities. Staff is unaware of any correlation between such facilities and nearby property values. If approved by a local jurisdiction, all wireless communications facilities must obtain all required state and federal permits in order to operate. A Condition of Approval (No. 17) is included requiring these permits. The facility is expected to generate only one to two vehicle trips per month for maintenance staff and is unlikely to have any impacts on local traffic patterns. 4 Summary The proposed project is consistent with the Land Use Code in that it meets all applicable design requirements for wireless communication facilities. The project is considered 'stealth' and blends in with existing facilities. However, there is concern form nearby residents related to facility operation, security, and loss of park space. The new facility will help to provide coverage in an area with limited service and provide additional reception for Verizon Wireless customers. RECOMMENDATION 1. Approve 2014-01 CUP based on attached findings; or 2. Deny 2014-01 CUP based on findings to be determined by the Planning Commission; or 3. Continue the item to a specific date. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions of Approval 3. Location Map 4. Existing Wireless Facilities Map 5. Site Photos and Photo Simulations 6. Coverage Maps 7. Notice of Exemption 8. Public Hearing Notice (Sent to 124 property owners) 9. Public correspondence 10. Applicant's Plans (Exhibits A dated 1/7/2014 Case File No. 2014-01 CUP) MARTIN REEDER, AICP Principal Planner BRAD RAULSTON Executive Director 5 RECOMMENDED FINDINGS FOR APPROVAL 2014-01 CUP — 3820 Cagle Street 1. That the site for the proposed use is adequate in size and shape, since the facility, including the artificial pine tree and shelter (408 square feet), can easily be accommodated on the 2.35-acre site, and will not affect surrounding existing uses. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the unmanned wireless communications facility requires only one to two visits each month for routine maintenance, which will have a negligible effect on the adjacent developed streets. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the 45-foot artificial pine tree will adequately screen the twelve panel antennas, and since the partially underground nature and landscaping on - site will provide adequate screening of the equipment shelter from adjacent properties. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Verizon Wireless communications network, resulting in enhanced service for its customers. 6 RECOMMENDED CONDITIONS OF APPROVAL 2014-01 CUP — 3820 Cagle Street General 1. This Conditional Use Permit authorizes a wireless communications facility at 3820 Cagle Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A, Case File No. 2014- 01 CUP, dated 1/7/2014. Any additional antennas or facilities must be in substantial conformance with the design for installation shown on these plans. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.12.040 of the Municipal Code. Building 5. Plans submitted for improvements in 2013 must comply with the 2010 edition of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. If submitted in 2014, plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. Fire 6. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). 7. Emergency Shutdown procedures shall be posted in conspicuous area of emergency generator "EMERGENCY POWER". All Emergency Power signs shall be of .080 gauge aluminum. All signs shall be 10 inches wide and 12 inches long. All signs shall have Type IV high intensity prismatic sheeting (H.I.P.), reflective in nature. Protective overlay film shall be required on sign (P.O.F.). Color of sign shall 7 be white background with black letters. Sign shall describe all additional power shutdowns in clear map form. Map shall describe present position ("You Are Here"). • White background with black letters. • Signage letter height — "Emergency Power" — shall be two inches tall. • Sign shall be clearly visible from the street. If the power source is inside of the building and cannot be seen from the street, a sign shall be placed in a position that can be easily seen by emergency personnel on foot. • Please contact the National City Fire Department for requirements. A detailed plan shall be submitted to the Fire Marshal for approval and final field placement. 8. A 704 diamond shall be placed in conspicuous area to identify fuel and battery hazards. 9. Fire department access roads shall meet the requirements of the California Fire Code (current edition) Chapter 5 and Appendix D and 503.1.1 Access Roads. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to Fire Department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of a fire apparatus weighing at least 75, 0000 pounds. Fire Department access roads shall have an unobstructed width of not less than 20 feet for emergency vehicle travel. Where required by the fire code official, approved signs or other approved notices or markings that include the words NO PARKING - FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. 10. Roads or alleys 20 to 26 feet in wide shall be posted on both sides as fire lanes. 11. The National City Fire Department shall be involved with all fire inspections for this site. Rough inspections of all phases of work are required. Engineering 12.The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. e 13. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 14.A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. Utilities 15. Prior to any construction or grading activities, the applicant shall coordinate with all utilities and City Departments with infrastructure in the area to ensure protection of any existing utility services. 16. Call 800-227-2600 (Underground Service Alert) for mark out prior to any digging activities. Planning 17. All appropriate and required local, state and/or federal permits must be obtained prior to operation of the wireless communications facility. 18.AII exterior equipment (e.g., RRU units, GPS antennas, microwave dish antenna, panel antennas) shall be painted to match the surface on which it is mounted. 19. Exterior walls of buildings/poles to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building Official. Graffiti shall be removed within 24 hours of its observance. 20.A landscaping and underground irrigation plan shall be submitted at Building Permit showing planting that screens the entire exposed height of the equipment shelter as visible from Cagle Street. 21. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant and the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 22. The applicant or operator shall be responsible for the removal and disposal of any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete within six (6) months of discontinuance. 9 1,375 2,750 Feet 5,500 o Wireless facilities in National City /\ Wireless facilities in unincorporated area Wireless Communication Facilities National City Planning Department 2012 FACILITY APN LOCATION PROVIDER FILE NO 1 562-340-44 2434 Southport Urban Comm Rad CUP-1992-11 Radio communication facility (microwave transmitter)- 80-foot tall tower and 8-foot in diameter dish antenna 2 562 340 26 300 W 28th AirTouch CDC Reso 94-28 75-foot monopole with three sector antennas and 450-sa foot eauipment buildina. 562-340-26 300 W 28th Nextel CUP-2003-30 12 antennae on existing communications tower and a 270 square foot equipment enclosure adiacent to existing equipment 4 559-032-02 1215 Wilson Pac Bell CUP-1995-11 Located on roof of existina building. PCS facility- six roof -mounted antennas and two ground -mounted equipment boxes. 5 557-410-03 1645 E Plaza Pac Bell CUP--1995-13 Located on roof of Quality Inn. PCSfacility- six panel antennas and equipment cabinet. 6 555-086-11 910 Hoover AirTouch CUP-1995-18 Located on existing building. Cellular facility- three support structures with five panel antennas each, two dish antennas and equipment cabinet 7 556-471-24 801 National City Blvd AT&T CUP-1996-2 Located on roof of Red Lion Hotel. Paging facility- four whip antennas, one global positioning satellite antenna and equipment cabinet. 556-471-24 801 National City Blvd Nextel CUP-1994-8 Located on roof of Red Lion Hotel. ESMR facility- three whip antennas and eauipment cabinet. 556-471-24 801 National City Blvd Pagenet CUP-1996-12 Located on roof of hotel. Paging facility- four antennas and eauipment cabinet one floor down from roof. 556-471-24 801 National City Blvd AT&T CUP-1999-5 Located atop Red Lion Hotel. Wireless communication facility- four antennas and radio base system. 8 554-120-30 2400 E 4th AT&T CUP-1996-4 Located on roof of Paradise Valley Hospital. Paaina facility- four whip antennas, one alobal POsitioninasatellite antenna and equipment cabinet. 9 559-160-13 1022 W Bay Marin GTE CUP-1996-5 Located on a 360-sa foot building. Cellular facility- 60-foot monopole with twelve panel antennas. 10 563-370-36 3007 Highland Pac Bell CUP-1996-6 Located on existing Super Saver buildina. PCSfacility- six panel antennas and two equipment cabinets. 12 554-050-12 303 Palm AirTouch CUP-1996-8 60-foot hiah monopole with six whip antennas, thirty directional cellular antennas, and three dishes with an eauiDmentcabinet at base. 554-050-12 303 Palm Sprint PCS CUP-2001-10 Located on National Guard Armory property. PCSfacility six antennas in three 40-foot flag poles, one GPS antenna and a new equipment building. 14 564-471-01 3030 Plaza Bonita Rd Nextel CUP-1997-8 Located atop Plaza Bonita sign. ESMRfacilitv- nine antennas and equipment cabinet. 564-471-01 3030 Plaza Bonita Rd Pac Bell CUP-1996-7 16 557-420-36 1840 E 12th Nextel CUP-1999-4 60-foot monopalm on vacant commercial lot. 20 555-082-11 111 W 9th Sprint CUP-2000-9 Located atop 2-story Sid's Camet Barn warehouse. Wireless communication facility- twelve wireless panel antennas and 4-inch GPS antenna. 21 555-030-21 330 National City Blvd GTE CUP-2000-11 22 564-250-50 2435 Sweetwater Sprint CUP-2000-14 30 557-420-36 1905 E Plaza Sprint PCS CUP-2001-3 32 556-473-18 242 E 8th AT&T CUP-2001-6 34 563-370-35 3007 Highland Nextel CUP-2001-12 36 563-231-38 1914 Sweetwater Cingular CUP-2002-3 37 564-310-37 3737 Sweetwater Cingular CUP-2002-4 72 foot tall monopine with standard equipment enclosure 39 556-101-15 241 National City Blvd Cingular CUP-2002-6 12 panel antennas behind four new partial parapet walls atop an existina fumiture store; four equipment cabinets outside 40 558-200-24 2415 E 18th Cingular CUP-2002-13 41 556-354-13 716 Highland AT&T CUP-2002-14 Six facade mounted panel antennas with equipment on roof of PacBell switching station. Equipment screened to match 44 556-590-61 1019 Highland Sprint PCS CUP-2002-24 6 panel antennas in a new monument sign in the South Bay Plaza shopping center 556-590-61 1019 Highland Cingular CUP-2002-2 51 552-283-11 2323 E Division Sprint CUP-2004-6 3 panelantennasina 9x10x16 roof-mountedcupola 52 560-191-30 1701 D Ave Nextel CUP-2004-12 12 panel antennas on a 57' faux broadleaf tree with 230 square foot equipment enclosure 53 551-570-20 51 N Highland Sprint CUP-2004-15 2 panel antennas in a 45' flagpole with 4 wall -mounted equipment cabinets 55 563-231-39 1914 Sweetwater Nextel PC Reso 20-2002 2 panel antennas in a 45' flagpole with 4 wall -mounted equipment cabinets 57 554-120-24 2701 E 8th Cingular PC Reso 02-2001 Co-locationin churchspire-3 antennas within existing architectural feature 554-120-24 2701 E 8th T-Mobile CUP-2000-19 Located at existing church. Antennas located in a GO-footmonument. 554-120-24 2701 E 8th Sprint CUP-2000-27 12 panel antennas mounted on exterior of self -storage building and painted to match; all equipment located inside of the buildings 554-120-24 2701 E 8th AT&T CUP-2000-19 58 558-030-30 1035 Harbison Nextel CUP-2005-3 60 556-510-12 914E 8th Cingular CUP-2005-10 61 559-040-53 1439 Tidelands Cingular CUP-2005-9 12 panel antennas on monopaim with associated equipment shelter 559-040-53 1445 Tidelands Nextel CUP-2000-31 40-footmonopalmwith three sectors of four antennas each and equipment shelter 63 562-200-02 2900 Highland Cingular CUP-2005-12 64 563-010-47 2605 Highland Cricket CUP-2006-11 3 antennas in new architectural feature of church with associated equipment 563-010-47 2605 Highland Sprint CUP-2002-18 65 557-420-31 1900 E Plaza Cricket CUP-2006-6 3 antennas on new faux palm tree with associated equipment 557-420-31 1900 E Plaza Cingular CUP-2004-4 67 561-222-23 1526-40 E 18th T-Mobile CUP-2006-10 68 564-471-07 3030 Plaza Bonita Rd Cingular CUP-2005-24 12 antennas facade mounted to new rooftop enclosure that will house equipment 68 564-471-07 3030 Plaza Bonita Rd Verizon CUP-2003-13 69 559-106-17 525 W 20th Cricket CUP-2005-25 3 antennas on existing self storage building painted to match with associated equipment 559-106-17 525 W 20th Sprint CUP-2001-4 Located on existina storaae building. Wireless communication facility- 9 antennas and equipment building. 70 554-050-15 2005 E 4th Cricket PC Reso 09-2003 3 antennas on existing Tight standard with associated equipment shelter 554-050-15 2005 E 4th Cingular CUP-2003-5 12 panel antennas on a replacement 100 foot light standard in ElTovon park and a 160 square foot equipment enclosure. 554-050-15 2005 E 4th GTE CUP-1998-4 Located in ElTovon Park. Cellular facility- 97'8" monopole with twelve panel antennas, three omni antennas, and 192-sqfoot equipment building. 554-050-15 2005 E 4th Nextel CUP-2005-15 12 panel antennas on a 47-foot tall faux -broadleaf awith 230 sq. ft.equipment shelter 71 564-290-06 3820 Cagle St Cricket PC RESO 10-2004 3 antennas on existing faux pine tree with vaulted equipment shelter 564-290-06 3820 Cagle St Sprint CUP-2001-2 Located at Sweetwater Heights Centennial Park. Wireless communication facility- 35-foot pole with six antennas, equipment building and adiacent liahting for the park. 564-290-06 3820 Cagle St T-Mobile CUP-2004-3 Located at Sweetwater Heights Centennial Park. Wireless communication facility- 55-foot monopine with twelve panel antennas and equipment building 564-290-06 3820 Cagle St Cingular PC Reso 11-2002 Co -location on 55-foot monopine - additional 12 panel antennas and new 275 SQ.ft. equipment vault 72 669-060-26 5800 Boxer Rd Cricket PC RESO 32-2003 3 antennas on existing water tower with associated equipment shelter 669-060-26 5800 Boxer Rd T-Mobile CUP-2003-16 12 panel antennas on the outside of the OM. Arnold water tank and a 150 square foot equipment enclosure adiacent to the tank 669-060-26 5800 Boxer Rd Sprint PC Reso 32-2003 6 panel antennas on the outside of the 0.0. Arnold water tank and a 360 square foot equipment enclosure adjacent 669-060-26 5800 Boxer Rd Cingular CUP-2005-21 73 562-330-43 152 W 33rd Cricket PC Reso 21-2002 3 antennas on existing self storage within matching architectural projection with associated equipment 562-330-43 152 W 33rd Sprint CUP-2002-8 12 panel antenas mounted on exterior of self -storage building and painted to match; all equipment located inside of the 74 555-053-17 700 NCB Cricket PC Reso 05-2000 3 antennas facade mounted to existina hotel with associated equipmen 555-053-17 700 NCB Metricom CUP-2000-4 Located atop Holiday Inn. Wireless communication facility with equipment cabinet. 555-053-17 700 NCB Skytel CUP-2000-30 Located atop Holiday Inn Hotel. - 8-foot whip antenna, two 4x2-foot panel antennas, and one GPS antenna with two indoor equipment cabinets. 75 560-203-03 1800 National City Blvd Nextel CUP-2006-15 15 panel antennas behindscreen wall atop existing car dealership with associated equipment 76 561-360-35 1810 E 22nd Cricket 2007-14 CUP 3 antennas on recration building at Las Palmas Park 561-360-35 1820 E 22nd Sprint-Nextel CUP-2000-8 Located in Las Palmas Park. Monopalm and eauipment along with live palms. 78 560-143-36 1703 Hoover Cleawire 2009-22 CUP 9 antennas located on 3 different locations on industrial/ warehouse building. Each location will have 2 panne) antennas. Associated equiptment will be located in building 79 559-160-33 700 Bay Marina Dr Cleawire 2009-23 CUP 9 antennas on tower of Marina Gateway Plaza commercial building hidden behind parapet wall. 6-foot tall equiptmant cabinent on roof below tower will be mostly covered 80 560-151-20 142E 16th AT&T 2010-11 CUP 6 panel antennas and RF transparent cupola atop National City Ministry Church, as well as a 330 sq ft equipment/storage/trash enclosure on the ground. The 8-foot tall Cupola will have a cross afixed to it in order to appea 81 561-271-01 2005 Highland Ave Plancom 2010-31 CUP 12 antenas on a 43-foot mono -palm on eastern property line 561-271-01 2005 Highland T-Mobile CUP-2003-4 12 antennas on the roof of a Highland Avenue office building 561-271-01 2005 Highland Cingular CUP-2006-2 82 563-184-47 2909 Shelby Dr P95-025 75-foot monopole and equipment building. 83 563-062-17 2524 Prospect St AT&T ZAP99-028 35-foot monopalm with three sector directional antenna system and equipment cabinets. 85 564-310-32 3312 Bonita Heights Lane AT&T ZAP00-133 86 563-063-29 2563 Grove St AT&T MUP91-026W2 86 563-063-29 2563 Grove St P91-026W Monopole located aside live palm trees. CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT 3820 CAGLE STREET. CASE FILE NO.: 2014-01 CUP APN: 564-290-06 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, March 3, 2014, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Plancom Inc. for Verizon Wireless) The project site is located in the southeast corner of Sweetwater Heights Park. The applicant is proposing to install 12 panel antennas and a 4-foot diameter microwave dish on a new 45-foot tall faux pine tree and construct a partially underground 416 square -foot equipment shelter. 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., March 3, 2014, who can be contacted at 619-336-4310 or planninq(a nationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. AL CITY PLANNING DEPARTMENT BRAD RAULSTON Executive Director 17 RECEFVED 1 2api February 24, 2014 Jesus Garcia 3743 Cagle Street National City, CA 91950 City of National City —Planning Department 1243 National City Blvd National City, CA 91950 Dear Executive Director Brad Raulston, I am writing to inform you of the situation concerning the conditional use permit for a wireless communications facility at 3820 Cagle street case file no.:2014-01 CUP APN: 564-290-06. I have resided in the same home across the street from Sweetwater Heights Park for over twenty years, and I have already seen two antennas go up, we do not want another. Those two strikes have been too easily allowed and we will not allow a third, for the sake of our children and the residents who visit the park. As you might imagine, we are deeply concerned and fear the health hazards not only because of the proposed 45' faux pine, but for the two which remain exposing visitors in the park and residents with radio frequency energy. A park should be a place to enjoy, a place where children are safe, we shouldn't have to be cautioned by multiple signs stating to stay back because Radio - frequency energy may exceed exposure limit. Also, that we are possibly being exposed to chemicals known to the state of California to cause cancer. This faux tree antenna and the partially underground 416 square ft. "equipment shelter" are not only hazardous to health, but also cause for an unpleasant view. I am also concerned as a homeowner, not only because of health hazards, but because value of houses in the area have a potential to decrease in value. After all, who would want to move into a house which has several visibly fake trees with antennas across the street from them? I am sure other homeowners in the area would agree. The park is small enough already, and this new project would further limit the space for children to play. Additionally, the existing above ground equipment shelter has been used by vandals as their hiding spot, where they use illicit drugs and graffiti the area. Furthermore, I insist that you take this letter with all seriousness and importance. I do plan on contacting residents in the area, the city mayor, local news and even taking higher measures if we (residents/city) cannot meet to accordance on the issue. JESUS GARCIA 18 19 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: 2014-01 CUP Project Location: 3820 Cagle Street Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for a wireless communications facility in an existing park. The project will increase signal strength and service area for Cingular Wireless customers. Applicant: Plancom, Inc. for Verizon Wireless 302 State Place Escondido, CA 92029 Exempt Status: Telephone Number: (760) 587-3003 ® Categorically Exempt pursuant to Class 3 Section 15303 (New Construction or Conversion of small structures) Reasons why project is exempt: There is no possibility that the proposed use will have a significant impact on the environment since the facility will occupy only a small portion of the 2.35 acre park, be effectively screened, and will not affect use of the park facilities. Date: MARTIN REEDER, AICP Principal Planner 20 RESOLUTION NO. 8-2014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY LOCATED AT 3820 CAGLE STREET. APPLICANT: VERIZON WIRELESS CASE FILE NO. 2014-01 CUP WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a wireless communications facility located at 382 Cagle Street, at a duly advertised public hearing held on March 3, 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. 2014-01 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 March 3, 2014, support the following findings: 1. That the proposed use is not consistent with the General Plan, since Policy OS- 5.2 strives to meet and maintain a park to population ratio of 4.75 acres per 1,000 residents — a ratio which is currently less than 3 acres per 1,000 residents — and since there are multiple General Plan policies that discourage loss of open space, which would result from an additional wireless facility in the park. 2. That the site for the proposed use is not adequate in size and shape, since the combined footprint of the three existing facilities (approximately 1,157 square feet) and the proposed 408 square -foot facility would reduce space within the 2.35-acre public park by almost two percent. 3. That the proposed use will have an adverse effect upon adjacent or abutting properties, since the new facility would exacerbate existing safety and security issues related to graffiti, loitering, and drug usage in the corner of the park where the project is proposed. 4. That the proposed use is not deemed essential and desirable to the public convenience and welfare, since it will increase the private use of a public park to 21 the exclusion of the public and decrease useable park area for the enjoyment of the general public. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is denied. 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 March 17, 2014, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: p°%,- CHAIRPERSON 22 PAUL W. LEGLER THOMAS M. TOMLINSON LEGLER & TOMLINSON ATTORNEYS AT LAW 231 FOURTH AVENUE CHULA VISTA, CA 91910 email: leglertomlinson(a�cox.net February 21, 2014 Brad Raulston Executive Director City of National City - Planning Department 1243 National City Blvd. National City, CA 91950 Re: Conditional Use Permit for a Wireless Communication Facility at 3820 Cagle Street Case File Number: 2014-01 CUP APN: 564-290-06 Hearing Date: March 3, 2014 My Clients: Pasquale, Santo, and Gaspare Oliveri Dear Mr. Raulston: (619) 426-9070 FAX (619) 426-6666 My clients, who own parcels 564-310-39, 40, and 41, will attend the March 3, 2014, public hearing regarding the conditional use permit. However, I write to you at this time so that some attention might be given to my clients' objections prior to the hearing. Two of my clients reside on the property which is adjacent to the Sweetwater Heights Park. The third client has a pacemaker. He left because of concerns from the transmissions. His doctor advised him that he should not live there, so he was required to move, because the park already has two transmitting antennas. My clients have already experienced problems because of the transmissions of those antennas. When they try to use their phones while standing on their own property, their phones will intermittently cease operating because of the emissions from the existing antennas. As my clients have succinctly put it, the park was dedicated for recreation, not for radiation. TMT/mrd Sincerely yours . Tomlinson RECEIVED FEB 2 4 NA 23 .Piel-Mv'4Lt OC,' I f�'J - •. s 4 �f as , `� _610,4,- 5-1-1/8-4 39 4 f .1'y or y 7`oa+t. e:1 ,.Jvi' /c J(154-4rite. 1243 ),4 CA:(y dta N 91tit l, C .9- - 119 .fo .)EiV 11,44-y 4! 4- /vd ecri" e 9 ,/ ti7t/6 .19-ji70 0:47E--9 1/i/e- ikE-rE-A4- -ro 100- - r 4--me,e/c 4'Ervi.wd ' 1,1 Jf e" Egliir iv f}DDr ,0 n y v i f-t' 7" 44"►� ro 0- ',/ 2 'it- 7- tiA-A s aD N#ivr j R 0 1, ; i o ,a✓ IA/ ; LG 1� �' PGz" e'fA77" F7v/,,9, 1A/E- "W" C'N O ' ( To-r/3411,15 'are L( viAt5%vl7"- a gar ©� ,�c,,47-i` of 11/Ot-� RE is co kW; WO Wi s A/ 5 �ci 6'f% ep R �°.o- ,DMA �` �J To A T-`'/i 11)e"Xpkess epvc izA/ o f 1 ' tT6'2115 �✓rcol aoie tv)i ecr, eo-c4 d AA‘i LA/R ultok „doe _r_20 it 0 G:T s N 'o if/Ic 07' 4 f44 4/07' . M ALSO '?/4n/FC 4 q 56-er.Z 19,,,v8-��` s�c1 ry4 po Eo'f!gA, Rn6;,yji'o.r/� r- - e. ,@�h®%92 ,�cc �/� 9 F rt h-rit4:-rc fii a a v N� E `,awe �, �r� v p . 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UM 107 SAD CUD., CA I]n1 (MM 1M-Axx3 PERMITS REQUIRED •CaMMOMM. DSC P.D. SCALE TAIL MAW. SCA.v mow M nos so STIR ce COMM ST. M. M. TMLA O..A M'rTO. m4Ar.• INS aAMNC SET M NOT f!• le, TNK AFT R NW To SCAT. MT mAWMa .T 3.NATIC m NOT 010 .1 OF ANT mL WALL 11.00 OS 10 SCALDo ANT rvrn nxnielw MO DIM ODOM MIMICS. PROJECT SUMMARY APPLICANT, VTR. MTT110 155014 SAW CANTON AHNUL M MO Menge 4a0 pap MK-3333 OWNER, MT n 11.101.3 C. NAMM. an. MNe T.. Ca. u MOM CAMOS AaIARE mDM: (III) 310-4391 PROJECT DESCRIPTION: • MA.. Or MDvN WnM1m TEIEWMMao.Inxr IAMIENi NAM IN3IX A PROPO. li•<' A 34'-or CONC. KOCL LIMLOScm rem DO.. /AD. • INSTALL.. or TIMED (3) MLLRM WLDtli AMMO. nii MT�mNA r1ADD(I)no r4 rtZr`.44PI`.::a D"`PML • 1O11 4. 1 a.104 Or row jii)LMI� moezA Mw v-r Na MaNn0I M INeroTo li A o i5 -0 NIMI MP ONROTO. AM (0 MOW oCEMMR IIbRC110N UNIR MWNRD Mgla Mn D'FW11ML MISTY DfC1 NA.. UNTO • VE IL Mt MEl) MOO MUM A-.3133 KM) NOUN. ON A MT -D MWN No.N1D • •MAWTm1 of (3) moo* WINO. 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RU1mm Ll Mr ] IM Sm11 APR a MY RMMY .LNME Tr PRY O M MDYN T OREM ne fakerP.O. ma M 9T MIMEO 11MO.01. o- T FARIRM ISI N. MMA] Map aEC.an OMMDOMR. manta u0.YESE MF70 A"1„a[MMP711-9.N.n IOO RTId IkAM o- m02up131 FOR MEMO AM F@@ AM RMRM NORM, RELamID Wm al.R AS FEF MD. M_CFEYw MRO7.RMIFIF. MI PM APR. ME 9RFOr moron- W R PLO. tF,D RM. o- Mm AA 4s; m9 AS slap[ aarum4-.�aOKRMA IIFCOROS aozaoto Mr Cm XO! AP. 1M MIME PR.. MO M Mr ROFIR IMWM Ma fa fun MIRM AM Salt AS R®AMS OM ORME RNMNCO WO. moo. e A7Y Y9 ,2 FORA: Mall Raman, a mMM OF JRN CIVIL ENGINEERS II PARKSIDE PARK 126 J Imam iaam ma, • • • V1�wireless PHOTO STUDY & KEY MAP PROPOSAL TO ESTABLISH AND OPERATE A NEW DIGITAL PCS COMMUNICATIONS FACILITY Verizon Wireless "Parkside Park" 3820 Cagle Street National City, CA 91950 Prepared for: City of National City 1243 National City Boulevard National City, CA 91950 Prepared by: PlanCom, Inc. Contractor Representatives for Verizon Wireless 302 State Place Escondido, CA 92029 Contact: Kerrigan Diehl, Planning Consultant (760) 587-3003 December 18, 2013 Photo Study (Parkside Park) Page 1 12/18/2013 33 wireless South Elevation West Elevation Photo Study (Parkside Park) 12/18/2013 34 Page 2 ilefflwireless East View South View Photo Study (Parkside Park) 12/18/2013 35 Page 3 vuiriwiredess West View Aerial View Photo Study (Parkside Park) 12/18/2013 36 Page 4 These simulations are Intended for graphkal purposes only end not Intended to be part of or to replace the Information provided on the construction drawings 12/18/2013 uaeon Parkside Park 3820 Cagle St. National City, CA 91950 mmun = s s Existing coverage Coverage Levels: IExcellent Good/Variable r Poor Parkside Park 3820 Cagle St. National City, CA 91950 VAwireless • 1n 7/zU14 38 Proposed coverage CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 1, 2014 AGENDA ITEM NO.15 ITEM TITLE: Addendum to Westside Specific Plan Environmental Impact Report (State Clearing House Number 2008071092) pursuant to California Code of Regulations Section 15164. (Case File 2007-34 GPA, ZC, SPA, EIR). PREPARED BY: Raymond Pe DEPARTMENT: Pi g Division PHONE: 336-4421 APPROVED BY; EXPLANATION: On March 16, 2010, the City Council approved the Westside Specific Plan (WSP) and certified the Environmental Impact Report (EIR). The EIR addresses the potential environmental impacts of the Westside Specific Plan and the Westside Infill Transit -Oriented Development (WITOD) project. A Property Mitigation Plan (PMP) was prepared for the remediation of hazardous materials on the WITOD project site and was conditionally approved by the California Department of Toxic Substances Control (DTSC), a Responsible Agency pursuant to CEQA. Subsequently, the DTSC requested that the City prepare an Addendum to the EIR to address the technical details that have been identified through the preparation of the PMP and the PMP Addendum. The City's consultant has prepared the Addendum to the EIR. Pursuant to California Code of Regulations Section 15164, the Addendum to the EIR will be considered with the previously certified EIR by DTSC prior to taking final action to approve the PMP and the PMP Addendum. FINANCIAL STATEMENT: ACCOUNT NO. Not Applicable!. ENVIRONMENTAL REVIEW: Addendum to Environmental Impact Report. ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Receive and file the Addendum to Environmental Impact Report (State Clearing House Number 2008071092) with Case File 2007-34 GPA, ZC, SPA, EIR. BOARD 1 COMMISSION RECOMMENDATION: Not Applicable. ATTACHMENTS: Addendum to Environmental Impact Report. P1 ADDENDUM TO WESTSIDE SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT A. Introduction On August 3, 2010, the City Council of National City adopted the Westside Specific Plan and certified the environmental impact report (EIR). The EIR addresses the potential environmental impacts and provides a mitigation, monitoring and reporting program for the Westside Specific Plan and a project specific transit oriented development (TOD). The Westside Specific Plan is a detailed plan for a 100-acre neighborhood located within the incorporated limits of National City; bounded by West Plaza Boulevard to the north, Interstate 5 to the west, West 24ih Street/Mile of Cars Way to the south, and Roosevelt Avenue to the east (Figure 1). The purpose of the Westside Specific Plan is to reestablish the area as a "safe, healthy, and vibrant neighborhood where people engage in community life." The plan provides for retention and expansion of residential uses and amortizing industrial uses that are determined to be polluting and hazardous to the health and well being of local residents. The EIR addresses the potential environmental effects of plan implementation. Additionally, the EIR (State Clearinghouse No. 2008071092) addresses a project specificl4-acre infill transit -oriented affordable housing project (Figure 2) (referred to as TOD project) and analyzes potential impacts associated with the development. The TOD project is located in the southern portion of the 100-acre Westside neighborhood; bounded by West 19th Street to the north, Hoover Avenue to the east, West 22nd Street to the south, and Wilson Avenue to the west (Figure 1). The 14-acre site is segmented by Paradise Creek, undeveloped and parks west of the creek and the City's public works yard and related Addendum 1 February. 2014 Westside Specific Plan EIR P2 buildings and a prior storage bus yard (referred to as the Ille site) to the east of the creek. The Westside Specific Plan EIR (WSPEIR) acknowledged that the TOD project site contained hazardous materials. The TOD project site is considered a "brownfield" for environmental purposes (EIR pp4-25). Impact discussion included recognizing that the site contains contaminated soils and hazardous materials and would require removal and transportation of these materials off -site to an appropriate location. The potential exposure to workers, residents, or the environment was considered a significant hazard, yet impacts would be less than significant with the mitigation measures incorporated in the Westside Specific Plan EIR. Since the certification of the EIR, steps have been conducted to remove hazardous materials on the TOD site in order to develop the site for multi -family residential uses as planned. A work program was prepared for the TOD site consistent with the project described in the EIR and with mitigation efforts contained in the EIR. At the time the EIR was prepared the proposed remediation actions were described in general terms and these remediation steps have not changed. However, there are technical details that have been identified through the preparation of a Property Mitigation Plan (PMP) prepared for the site that are discussed in this Addendum. The purpose of this Addendum is to ensure that the remedial actions of the work program contained in the PMP are consistent with the EIR and additional environmental review would not reveal any additional impacts or mitigation measures. CEQA Guidelines: Section 15164 of the CEQA Guidelines provides the authority for preparing an Addendum to a certified EIR or adopted Negative Declaration. Specifically, Section 15164 states the following: Addendum 2 February. 2014 Westside Specific Plan EIR P3 "(a) The lead agency or responsible agency shall prepare an addendum to a certified EIR if some changes or additions are necessary but none described in Section 15162 calling for preparation of a subsequent EIR. (b) An addendum to an adopted negative declaration may be prepared if one or more changes or additions are necessary or none of the conditions described in section 15162 calling for the preparation of a subsequent EIR or negative declaration. (c) An addendum need not be circulated for public review but can be included in the Final EIR or adopted negative declaration. (d) The decision -making body shall consider the addendum with the final EIR or negative declaration prior to making a decision on the project. (e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. According to Section 15162, once the EIR has been certified, a lead agency need not prepare a subsequent EIR unless "on the basis of substantial evident in light of the whole record one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effect. (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous Addendum 3 February. 2014 Westside Specific Plan EIR P4 (3) EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: A) The project will have one or more significant effects not discussed in the EIR or negative declaration B) Significant effects previously examined will be substantially more severe than shown in the previous EIR. C) Mitigation measures or alternatives previously found not be feasible would be feasible, and would substantially reduce one or more significant effects of the project proponents decline to adopt the mitigation measure or alternative; or D) Mitigation measures or alternatives which are considerable different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. CEQA Guidelines §15162 The PMP provides a more comprehensive work program than the work program identified in the EIR. The details of the work program are the subject of this addendum, which will be reviewed and approved by the Department of Toxic Substance Control (DTSC) and the San Diego County Department of Environmental Health (DEH). The removal of hazardous materials was anticipated in the EIR and already discussed in concept. The PMP details are not "new information of substantial importance" that would result in new or greater Addendum 4 February. 2014 Westside Specific Plan EIR P5 impacts not discussed in the EIR, but rather technical details requiring explanation and confirmation as explained in this Addendum. Property Mitigation Plan (PMP) The Mitigation, Monitoring, and Reporting Program of the EIR specify that a work plan for any remediation of the removal of hazardous materials be prepared. On March 23, 2102, a Property Mitigation Plan (PMP) for the Transit Oriented Development Area was prepared by E2ManageTech for the City of National City. The PMP describes the TOD site and the community outreach conducted during the preparation and adoption of the TOD plan within the Westside Specific Plan and EIR. The PMP provides a detailed description of the level of effort conducted to identify, monitor, dispose, remove, and remediate the hazardous materials. Phase I and Phase II assessments were completed on both the 4.5 acre public works yard, 2100 Hoover Avenue, 1.25 Illes site, 2020 Hoover Avenue, and Phase I for parcels on the west side of the creek, referred to as the Park Side Area (Figure 3). The PMP provides a Work Plan for additional remediation as necessary for the Illes site and Park Side Area. The Work Plan is consistent with the Work Plan identified in the EIR, MM HAZ-2. The purpose of this PMP is to provide summary -level background information regarding historic land -use activities within the Project Area, summarize ESA/investigation studies that have been completed, identify and describe the COC-impacted areas, and provide a Conceptual Site Model to present a roadmap for remediation the COC impacted areas within the Project Area. The objectives of the PMP are to: • Present and evaluate existing conditions at previously identified Areas of Concern (ADCs) within the Project Area. • Establish appropriate removal action objectives for protection of human health and the environment. Addendum 5 February. 2014 Westside Specific Plan EIR P6 • Present cleanup approaches for AOCs that warrant removal actions. The PMP is consistent with the anticipated plan analyzed in the EIR. In describing the remedial action to be performed on the TOD site, the EIR states: "The TOD project would require earthwork on soils east and west of Paradise Creek that have been identified as brownfield sites. The redevelopment of existing contaminated sites would create a significant hazard to the public or environment through the reasonable foreseeable upset and accident conditions involving the release of hazardous materials in the environment. Therefore, earthwork activities could potentially release hazardous materials in to the surrounding environment. Impact would be significant. Mitigation measures are proposed as part of the Westside Specific Plan. Program EIR, as describe in Section 3.9 "Hazards and Hazardous materials (MM HAZ-1, MM HAZ-2, and MM HAZ-3) that would reduce this impact. Moreover, additional mitigation measures may be identified once project specific details are finalized. These statements demonstrate that the work plan detailed in the PMP was fully contemplated in the EIR and thoroughly analyzed below. As required by CEQA subsection (e) substantial evidence supporting the lead agency's decision not to prepare a subsequent EIR pursuant to Section 15162 as a result of the details identified in the PMP is provided in Section C, Environmental Impact Analysis. The environmental analysis presented in Section C evaluates the potential impacts of the changes specifically in light of the environmental findings in the previously certified EIR. This evaluation demonstrates that technical information contained in the PMP would not create new or greater environmental impacts than those identified in the previous EIR, and as such, a subsequent EIR to address this new information is not required. B. Environmental Site Assessments (PMP Summary) As discussed in the PMP, Two Phase I Environmental Site Assessments were completed for the subject areas included in the WI-TOD development area. Addendum Westside Specific Plan EIR February. 2014 P7 Specifically, a Phase I ESA was completed for the parcels that comprise 2100 Hoover Avenue and 2020 Hoover Avenue in February 2009 and January 2010, respectively. In 2013, two additional Phase I ESAs were completed for the same properties; however, the project areas for these most recent Phase I ESAs were defined by development phases (i.e., Parcel 1 and Parcel 2) for the WI-TOD project area. Subsequent to completing the 2010 Phase I ESAs for both properties (i.e., 2100 and 2020 Hoover Avenue) a Property Mitigation Plan (PMP) was prepared and submitted to the Department of Toxic Substances Control (DTSC) and the County of San Diego Department of Environmental Health (DEH) for review and approval. The PMP was prepared in compliance with the Environmental Oversight Agreement Number 11-T1032 between the DTSC and the City of National City. The PMP was also prepared in compliance with the California Health and Safety Code Sections 25323.1 and 25356.1 as well as the California Environmental Protection Agency (Cal -EPA) DTSC guidance memorandum titled Removal Action Work Plans — Senate Bill 1706 dated September 23, 1998. The PMP was partially approved by the DTSC and DEH in May 2012 and July 2012, respectively. The partial approval allowed the City to proceed with site assessment/investigation related activities described in the PMP. Full approval will allow for the City to proceed with removal actions after appropriate California Environmental Quality Act (CEQA) actions have been completed with respect to the clean-up actions described in the PMP. The PMP describes the existing environmental contamination associated with eight (8) Areas of Concern (ADCs) (Figure 3), establishes removal action objectives for protection of human health and the environment, and presents cleanup approaches for AOCs that warrant removal actions at the proposed Transit Oriented Development (TOD). The AOCs consist of eight separate locations where further investigation and/or mitigation will be required during the Addendum 1 February. 2014 Westside Specific Plan EIR P8 construction phase of the proposed affordable housing redevelopment project. The chemicals of concern include the following: petroleum hydrocarbons from former leaking underground vehicle lifts; petroleum hydrocarbons and volatile organic compounds (VOCs) from former leaking underground storage tanks (USTs); diesel fuel and VOCs from UST and oil/water separator (OWS) features; VOCs, polychlorinated biphenyls (PCBs), organ chlorine pesticides (OCPs), lead, and semi -volatile organic compounds (SVOCs); lead, antimony, arsenic, Aroclor 1254, Aroclor 1260, and chlordane in surficial soil; and, VOCs in soil gas. Supplemental investigations are recommended for AOCs for which the extent of contamination is not adequately defined by prior environmental site investigations. As such, the objective of the recommended supplemental investigation actions is to augment data that were collected in prior investigations and delineate the horizontal and vertical extent of contamination. Recommended actions resulting from the supplemental investigations will be based on anticipated land -use within the TOD project area and the potential for future residents or occupants to be exposed to chemicals of potential concern. The overall goal of the removal actions recommended for each AOC is to manage or eliminate the potential for future residents, construction workers, site visitors, and/or biological receptors to be exposed to COCs above acceptable thresholds. Thus, the primary goal is to close the AOCs located on the east side (ADCs -01, -02, -03, -04, and -08) of Paradise Creek based on unrestricted land use thresholds. However, if it is more economical to close an AOC using a remediation alternative that would result in a deed restriction, these alternate remediation alternatives will be considered. Because the City intends to renovate the property located on the west side of Paradise Creek for active and passive park purposes and does not plan on building residential homes in this area, the City plans on closing these AOCs (ADCs -05, -06, and -07) based on the intended land use. Addendum 8 February. 2014 Westside Specific Plan EIR P9 During the proposed site investigation and cleanup activities, decisions for additional investigation and/or cleanup activities will be based on a comparison of the analytical data with published health screening goals including but not limited to California Human Health Screening Levels (CHHSLs) and Environmental Protection Agency (EPA) Region 9 Regional Screening Levels. Soil analytical data will be compared with residential land -use screening levels associated with the above referenced health risk standards. Potential risks to human health associated with soil, soil gas, and groundwater samples collected from the eastern half of the TOD Project Area will be evaluated in accordance with the DTSC's Guidance for the Evaluation and Mitigation of Subsurface Vapor Intrusion to Indoor Air (October, 2011). As such, a human health risk assessment will be completed using site -specific data and parameters. Immediately upon receiving the analytical data associated with the supplemental site investigation activities for each of the AOCs, a site -specific health risk assessment will be completed in consideration of the proposed functional use activity. The results of the risk assessment will be presented in a brief Supplemental Site Investigation Memorandum (SSIM) with recommendations for further characterization, delineation, removal action, and/or closure. Removal action implementation includes actions at AOCs-01, 05 and 08. At AOC-01 elevated concentrations of TPH were detected in soil samples collected in the vicinity of the former hydraulic lifts. It is estimated that approximately 200 cubic yards (cy) of TPH-impacted soil would be transported offsite for disposal at this location. At AOC-05, stockpiled soil is reported to consist of historically disposed street sweeping waste. It is estimated that approximately 3,300 cy (approximately 4,600 tons) of stockpiled soil exists. Based on the calculated volume of stockpiled soil, it is estimated that approximately 230 truckloads would be required to haul the stockpiled soil. The results of characterization of the soil stockpiles will indicate whether the stockpiled soils will be disposed of as non- hazardous, California non-RCRA hazardous, or RCRA hazardous. The Addendum 9 February. 2014 Westside Specific Plan EIR P10 excavated soil will be transported via roll -off bin hauling trucks, end -dump or bottom -dump trucks. At AOC-04, soil that was determined to contain VOCs above the cleanup goals will be removed and transported off site for disposal at an appropriate facility. It is estimated that less than 10 cy of impacted soil will be removed. It is planned that the minor excavation at AOC-08 will be conducted concurrent with the excavation conducted with AOC-01. After all of the impacted soils have been removed from the AOCs described above, a representative number of confirmation soil samples will be collected from the bottom and sidewalls of the excavation. Each of the confirmation soil samples will be analyzed for chemicals of concern to confirm that a sufficient volume of impacted soil has been removed and that chemicals of concern do not exist at concentrations above the cleanup goals. In consideration of the redevelopment schedule, it is anticipated if additional removal actions that may be warranted for AOC-02, 03, 06, and 07 may include soil excavation of installation of a vapor barrier. The decision for the appropriate removal action will be described in a Technical Memorandum that will be prepared after each of these AOCs is further investigated. The Technical Memorandum will be submitted to the DTSC for its review and approval. Upon completion of all field activities described in the PMP, all the data and Technical Memoranda prepared will be organized into a PMP Completion Report that will be submitted to DTSC for its review and approval that all the work has been completed to its satisfaction. Addendum 10 February. 2014 Westside Specific Plan EIR P11 C. Environmental Analysis The information below addresses each of the environmental issues previously analyzed within the Westside Specific Plan/TOD EIR: Traffic, Circulation, and Parking, Air Quality, Noise, Cultural Resources, Biological Resources, Community Character and Aesthetics, Land Use, Population and Housing, Hazards and Hazardous Materials, and Utilities and Public Services. All of the prior mitigation measures included in the certified EIR would continue to apply to the removal of hazardous materials. The conclusions described below are provided as a reference for each environmental issue area identified in the EIR for the purpose of describing how the proposed changes (refer to Section B TOD Environmental Site Assessments would not effect the conclusion of the EIR. Aesthetics There are no scenic vistas located on the project site or in the immediate vicinity. Although the TOD project entails redeveloping a 14-ace site with a transit oriented infill affordable housing development, it would be consistent with the uses surrounding the site. The TOD project would not adversely affect a scenic vista and would ultimately improve the scenic quality and visual resources available within the project area. Because the proposed removal of hazardous materials was discussed in the EIR and no changes to the project are proposed, there would be no impacts. Air Quality The EIR concluded that the demolition, excavation and grading, and hauling of debris would create emissions of dusts, fumes, equipment exhaust, and other air contaminants. Mitigation measures were described in Section 3.2 Air Quality (MM AQ-1a) that would reduce impacts. MM AQ-1 a Hauling — Cover all haul trucks hauling dirt, sand, soil or other loose materials or maintain a two foot freeboard. (Air Quality pp ES-9). Addendum 11 February. 2014 Westside Specific Plan EIR P12 The additional measures are identified in the PMP as follows: Air Monitoring: Fugitive dust control measures will be implemented at each excavation area to mitigate dust migration outside the work area (exclusion zone) and offsite so that there is limited potential for exposure to residents in the neighborhood. To mitigate dust migration outside the exclusion zone, light spraying of the active excavation areas with potable water will be conducted throughout the removal action activities. Dust mitigation will be conducted such that fugitive dust cannot be visually observed downwind of the excavation or stockpile area. If dust is observed, the quantity and/or frequency of misting will be increased until fugitive dust cannot be visually observed downwind of the work area. A Miniram dust monitor or equivalent instrument will be utilized whenever visible dust levels are generated or at least every 2 hours to confirm that total dust levels are at or below the action level of 0.25 milligrams per cubic meter (mg/m3). The action level is one-half of the permissible exposure limit (PEL) for chlordane as published by the Occupational Safety and Health Administration (OSHA). All measurements will be documented in the field logbook. Dust Control Plan: Dust suppression will be accomplished by lightly spraying or misting the work areas with water. Water mist may also be used on the soil stockpile, in the transport trucks, and on the onsite truck routes. The volume of water added to suppress dust will not exceed the moisture -holding capacity of the soil. In addition, after the soil is loaded into the transport trucks, the soil will be covered with tarps that are adequately secured to ensure that soil cannot spill out of the truck during transport to the disposal facility. The soil stockpile location will be situated in an area shielded from the prevailing wind, where practical, and covered with plastic. For dust -control purposes, efforts will be made to minimize the soil drop height from excavator's bucket onto the soil pile and/or into the transport trucks. If adequate room is available, the excavator will be positioned to load or stockpile soil from the upwind side. If Addendum 12 February. 2014 Westside Specific Plan EIR P13 sustained wind speeds exceed 15 miles per hour (mph) for a period of 15 minutes, excavation activities will cease until the wind speed is below 15 mph. Biological Resources The TOD project is bisected by Paradise Creek, a tributary to San Diego Bay runs diagonally through the project area. A wetland delineation of Paradise Creek was conducted during the preparation of the EIR. Narrow banks of coastal salt marsh habitat occur on either side of the open creek water. The area west of Paradise Creek is proposed for a park, just south of the existing Paradise Creek Educational Park. The Westside Specific Plan and EIR requires that all development be set back from the creek to ensure that impacts to the creek and the associated riparian habitat would not occur. The project proposed to restore and enhance areas within and adjacent to Paradise Creek. Implementation of the TOD project, including the removal of hazardous materials would be subject to all existing laws, policies, and ordinances related to water quality, including complying with construction and permanent BMPs, NPDES, and stormwater requirements. Impacts on Paradise Creek would be regulated by the US Army Corps of Engineers, California Department of Fish and Game, and the Regional Water Quality Control Board. In the undeveloped areas of the TOD project area, mitigation measures include conducting focused studies prior to issuance of any grading, building, or other construction permit. Because no additional development would occur on site due to proposed technical changes as compared what was previously analyzed in the EIR, these impacts would not change and have been adequately addressed in the EIR. Cultural Resources The previous EIR concluded that project impacts to historic, architectural resources and human remains could have the potential to cause substantial through grading activities of the TOD project. Pre -historic archaeological resources and paleontological resources could be damaged or destroyed, and project impacts to archaeological and paleontological resources could be Addendum 13 February. 2014 Westside Specific Plan EIR P14 potentially significant. The EIR included mitigation measures to reduce these impacts to a less -than -significant level. Since the mitigation measure described below would apply to any grading activities, the proposed changes would have no affect on such resources, and the previously identified impact would remain the same. Impact CUL-2 The Presence of Paradise Creek would have been attractive to prehistoric populations, and temporary campsites and/or resource extraction sites would be expected near this wafer course and generally within the plan area. (Cultural Resources ES-18) MM CUL-2 Archaeological Letter Report. Prior to future project approvals and the issuance of nay construction permits including but not limited to a grading permit, future construction shall obtain a qualified archaeologist to conduct a pedestrian survey and records search to determine potential for the plan area containing significant archaeological resources. (Cultural Resources ES-18) Impact CUL-3 Specific projects that would excavate more than 10 feet deep or disturb more than 1,000 cubic yards of matrix would be considered to have a potentially significant adverse impact of paleontogical resources. (Cultural Resources pp ES-19) MM CUL-3 Paleontological Letter Report. Prior to future project approvals and the issuance of any construction permits including but not limited to a grading permit, future construction projects within the Westside Specific plan proposing a cut depth greater than 10 feet and 1,000 cubic yards shall obtain a qualified paleontologist to review the propose construction and grading information to determine the project would have a moderate to high potential of encountering paleontological resources. (Cultural Resources pp ES-19) Addendum 14 February. 2014 Westside Specific Plan EIR P15 Geology and Soils Lands east and west side of Paradise Creek, namely the City's Public Works Yard and an outdoor storage area, are known to contain hazardous materials and have both been identified as brownfields. A substantial amount of polluted runoff could impact the stormwater drainage system should stormwater flow through the site during development activities. However, the project would be required to implement or comply with each of the following: BMPs addressed in a SWMP; WDRs including an erosion control plan and a SWPPP; and the NPDES General Permit enforced through local regulations from the City. Compliance with these discharge and permit requirements would ensure that the TOD project would not create or contribute runoff water that would exceed the capacity of stormwater drainage systems or create additional sources of polluted runoff. Because no additional development would occur on site due to proposed changes as compared what was previously analyzed in the EIR, these impacts would not change and have been adequately addressed in the EIR. Hazards & Hazardous Materials The previous EIR concluded that the TOD project site includes two parcels of disturbed land that have had to address hazardous environmental issues. These two sites are discussed above in Section B TOD Environmental Site Assessments. The TOD project would require earthwork on soils east and west of Paradise reek that have been identified as brownfield sites. The redevelopment of existing contaminated sites could create a significant hazard to the public or environment through the reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment. Therefore, eaerthwork activities could potentially release hazardous materials into the surrounding environment. Impact would be significant. Mitigation measures included in the EIR are listed below that would reduce this impact. Addendum 15 February. 2014 Westside Specific Plan EIR P16 Threshold HAZ-1 Businesses or properties which use, transport, store, and dispose of hazardous materials exist within the plan area. However, existing laws and regulations enforced by federal, state, and local agencies ensure such businesses and properties abide by all safety laws. Because compliance with these laws and regulations is mandatory, impact associated with the transport use or disposal of hazardous materials would be less than significant. (Hazards and Hazardous Materials pp ES-29) Impact HAZ-1: Future redevelopment within the project area permitted by the proposed project on adjacent to or nearby property with known or suspected contaminated soils, soil gas, and/or groundwater would result l a significant impact on workers and nearby receptors (e.g. residents and employees of other businesses) during construction activities. Impacts related to Threshold HAZ-2 would be significant. (Hazards and Hazardous Materials pp ES-31) MM HAZ-1: Phase I Environmental Site Assessment. Prior to future project approvals, a Phase I Environmental Site Assessment IESA) shall be completed for the project site proposed for redevelopment if the site has historically used or stored hazardous materials or if the site is within 1,000 feet of a site that has historically used or stored hazardous materials. (See specific MM, pp ES-30) MM HAZ-2: Phase II Environmental Site Assessment. If mitigation measure MM HAZ-1 requires a Phase 11 ESA, the Phase 1l ESA shall include, but not be limited o the following: A work plan that includes the number and locations of proposed soil/monitoring wells, sampling intervals, drilling and sampling methods, analytical methods, sampling rationale, site geohydrology, field screening methods, quality control/quality assurance, and reporting methods. Where appropriate the work plan is approved by a regulatory agency such as the DTSC, RWQCB, or County HMD. Addendum 16 February. 2014 Westside Specific Plan EIR P17 A site -specific health and safety plan signed by a certified Industrial Hygienist. Necessary permits for encroachment, boring completion, and well installation. Sampling program (fieldwork) in accordance with the work plan and health and safety plan. Fieldwork is completed under the supervision of State of California registered geologist. Hazardous materials testing through a state -certified laboratory. Documentation including a description of filed procedures, boring logs/well construction diagrams, tabulations of analytical results, cross -sections, an evaluation of the levels and extent of contaminants found, and conclusions and recommendations regarding the environmental conditions of the site and the need for further assessment. A remedial action plan will be developed as determined necessary by the Principal Investigator. Contaminated groundwater will generally be handled through the NPDES/dewatering process. Disposal process including transport by a state -certified hazardous material hauler to a state -certified disposal or recycling facility licensed to accept and treat the identified type of waste. (Hazard and Hazardous Materials pp ES- 31) MM HAZ-3: Compliant with Local, State, and Federal Laws and Regulations (Phase Ill). In the event hazardous materials are determined to be present, the property owner, developer, or responsible party shall be required to contact the local CUPA or applicable regulatory agency to oversee the remediation of the property in compliance with all applicable local, county, state, and federal laws. The property owner, developer, or responsible party shall be responsible for funding or securing funding for the site remediation and shall provide proof to the City that the site contaminants have been properly removed in compliance with all applicable laws and regulations prior to project development. (Hazard and Hazardous Materials pp ES-31). Addendum Westside Specific Plan EIR 17 February. 2014 P18 In addition, the PMP Addendum indicates that a vapor barrier and Land Use Covenant may also be considered as an additional mitigation measure based on results of confirmation sampling. If a vapor barrier is implemented, it will be developed in accordance with a detailed Operations and Maintenance (O&M) Plan. To ensure long term effectiveness, an O&M Agreement will be set up between DTSC and the City of National City. A Land Use Covenant limiting portions of the WI-TOD for open space use, to specific design elements, or to ensure the effectiveness of a vapor barrier may also be implemented as mitigation measure. The PMP provides for specific transportation plan for offsite disposal described below: It is anticipated that approximately 55 transport truckloads for AOC-01 and 255 truckloads will be needed to haul the impacted soil to an offsite disposal facility. The estimate is based on an average soil weight of 1.4 tons per cy and each truckload transporting approximately 18 cy. If necessary, the CDC will obtain an EPA ID number for the site or its designee will sign all manifests and/or bills of lading. A brief discussion of the transportation plan to be implemented during remediation activities is provided below. Soil Loading: Waste soil will be loaded onto transport trailers using a loader or backhoe. During the loading activities, a water mist will be used to suppress dust. A designated, full-time flag person will direct truck traffic during entry and exit at the site. Entry and exit points will be delineated to warn pedestrians of the truck traffic. Proposed entry and exit points are shown on Figure 8-3 of the PMP. A truck log will be maintained and will include the trailer number and company affiliation, the date and time that the truck leaves the site, the approximate volume of each load, and the hazardous or non -hazardous waste manifest number. In addition, materials will leave the site with the Addendum 18 February. 2014 Westside Specific Plan EIR P19 appropriate paperwork (e.g., Bill of Lading or Uniform Hazardous Waste Manifest). Heavy equipment operation will be restricted to the hours of 7:00 a.m. to 5:00 p.m. on weekdays and 8:00 a.m. to 5:00 p.m. on weekends. To the extent possible, truck traffic will be timed to avoid rush hour, with trucks scheduled to leave the site between the hours of 8:00 a.m. and 3:00 p.m. Destination of Soil: The results of characterization of the soil stockpiles will indicate whether the stockpiled soils will be disposed of as non -hazardous, California non-RCRA hazardous, or RCRA hazardous. If the soil is categorized as non -hazardous waste, it will be disposed of at the following location: Otay Landfill 1700 Maxwell Drive Chula Vista, California Soil samples analyses may indicate that the soil is California non-RCRA hazardous. This type of waste is characterized by a total concentrations that is greater than or equal to its Total Threshold Limit Concentration (TTLC) or soluble concentrations (when extracted by the Waste Extraction Test) that is greater than or equal to its STLC. California non-RCRA hazardous soil will disposed of at the following location: Copper Mountain Landfill 34854 East County 12th Street Wellton, Arizona 85356 If analyses indicate that soil is RCRA hazardous (soluble constituent result is greater than its TCLP concentration), excavated soils will be disposed of at the following location: U.S. Ecology Landfill U.S. Highway 95 Beatty, Nevada Addendum 19 February. 2014 Westside Specific Plan EIR P20 Soil Transportation Mode: The excavated soil will be transported via roll - off bin hauling trucks, end -dump or bottom -dump trucks. It is estimated that each truck will have a capacity to haul between 10 and 20 tons of material. While the soil is being loaded into the trucks, dust suppression will be performed by lightly spraying or misting the work areas with water. Water mist may also be used on soil placed in the transport trucks. After the soil is loaded into the transport trucks, the soil will be covered with a tarp to ensure that no soil spills from the trucks during transport to the disposal facility. if the soil is being transported as non-RCRA or RCRA hazardous waste, the transport company will be required to provide proof of valid certification to transport hazardous soil/materials prior to transporting the soil. Before leaving the site, each truck driver will be instructed to notify the Removal Action Contractor's Site Manager. Each truck driver will be provided with the cellular phone number for the RA contractor's Site Manager. It will be the responsibility of the RA contractor's Site Manager to notify DTSC of any unforeseen incidents. In addition, there are call boxes located along the freeways that will be traveled to reach the disposal facilities. These call boxes are situated at roadside locations along the truck route to be used to report roadside incidents. Each truck driver will be instructed to report any roadside emergency using the call box system or cellular phone. In the event of an accidental release, the Highway Patrol and local emergency response personnel will be contacted. Once at the disposal facilities, each truck will be weighed before offloading its payload. Copies of waste manifests will be provided to the RA contractor after all the impacted soil has been shipped from the Site and delivered to the appropriate disposal facility. Truck Transportation Routes: The anticipated travel time to disposal facilities are: Otay Landfill is approximately 20 minutes (one-way). Addendum 20 February. 2014 Westside Specific Plan EIR P21 Copper Mountain Landfill is approximately 3 hours (one-way). U.S. Ecology facility is approximately 7 to 8 hours (one-way). Given the network of freeways within the San Diego area, there are alternate routes that could be taken to the disposal facilities, if traffic conditions warrant. In addition, given the characteristics of the soil being transported, there are no apparent restrictions that would preclude the trucks from following these routes to the disposal facilities. The route from the TOD project to the freeway is outlined in the PMP Addendum. Hydrology and Water Quality Lands east and west side of Paradise Creek, namely the City's Public Works Yard and an outdoor storage area, are known to contain hazardous materials and have both been identified as brownfields. A substantial amount of polluted runoff could impact the stormwater drainage system should stormwater flow through the site during development activities. However, the project would be required to implement or comply with each of the following: BMPs addressed in a SWMP; WDRs including an erosion control plan and a SWPPP; and the NPDES General Permit enforced through local regulations from the City. Compliance with these discharge and permit requirements would ensure that the TOD project would not create or contribute runoff water that would exceed the capacity of stormwater drainage systems or create additional sources of polluted runoff. Because no additional development would occur on site due to proposed changes as compared what was previously analyzed in the EIR, these impacts would not change and have been adequately addressed in the EIR. Land Use and Planning The previous EIR addressed changes in land use including the TOD development. The TOD project would be designed to conform to the goals, objectives and policies of the Westside Specific Plan and the City's General Plan, Land Use Code and Redevelopment Plan. The removal of hazardous materials Addendum Westside Specific Plan EIR 21 February. 2014 P22 was assumed, as part of the project and specific details of the removal would not affect the proposed land uses, the impacts would remain unchanged. Mineral Resources There are no records of previous mining of mineral resources occurring at the project site. The construction and operation of the TOD project are not likely to result in the Toss of valuable aggregate mineral resources. The removal of hazardous materials was assumed as part of the project, and since there are no identified mineral resources on site, there are no impacts. Noise The previous EIR concluded that construction noise levels could exceed noise thresholds from the closest sensitive receptor. The City's noise ordinance exempts construction activities from the noise standards during the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday, but limits construction noise levels to no more than 75 dBA at type 1 residential properties and 85 dBA at type 2 residential/commercial properties. The noise impacts would be temporary in nature and would cease once the construction was completed. Mitigation measures contained in the EIR include the following: MM NO1.5 Hours of Construction. Construction operations shall not occur between 700 p.m. and 7:00 a.m. Monday though Friday, or at any time on weekends or holidays. The hours of construction, including noise maintenance activities and all spoils and material transport, shall be restricted to the periods and days permitted by the local noise and other applicable ordinance. Noise - producing construction activity shall comply with, or in special circumstances obtain exemptions from, local noise control regulations affecting construction activity. (Noise pp ES-15) Addendum 22 February. 2014 Westside Specific Plan EIR P23 Population and Housing The EIR concluded that the TOD project would induce substantial growth yet the project population growth and housing stock needs was identified in the City's General Plan. The removal of hazardous material on the project site would have no affect on the number of units developed at the site or the number of people generated by the project, and it would further the goals of the City, the impacts would remain unchanged. Public Services The previous EIR concluded that with payment of required developer fees the proposed project's impacts on public services, police, fire, school, and parks and recreational services, would be less than significant. Because the proposed changes would have no affect on the number of units developed at the TOD project site or the number of people generated by the project, these impacts related to public services remain unchanged. Transportation/Traffic The previous EIR did not address construction traffic impacts because construction traffic is temporary in nature and does not substantially affect the level of service of the roadway system. Although the proposed changes provide more details regarding the remediation of the TOD site, the changes do not affect construction related traffic associated with the project and construction related traffic remains temporary in nature and would not substantially affect the level of service of the roadway system. Since the proposed changes would not affect the design of the project, the number of units that would be constructed at the project site, or the amount of traffic generated by the project, these impacts related to transportation/traffic would remain unchanged. Utilities and Service Systems Utilities to the project area, natural gas, electricity, sewer, water, and solid waste disposal, are supplied by different agencies. The previous EIR concluded the Addendum 23 February. 2014 Westside Specific Plan EIR P24 project's demand for water and sewer (provided by Sweetwater Authority and the City's public works department), electric and gas (supplied by SDG&E), and solid waste (provided by EDCO) could be accommodated to the project site. The proposed changes to the removal of the hazardous materials on site would not affect the number of units constructed on site or the demand for utilities and service systems. Therefore, the impacts would remain unchanged. Addendum 24 February. 2014 Westside Specific Plan EIR Westside Neighborhood San lliego Bar E2 ManageTech Property Mitigation Plan Addendum WI-TOD Project Area National City, California 91950 Project Number: 11-052-001 Date: May 2011 WI-TOD Project Area Project Location Map Figure 1 P26 0 E2 ManageTech Property Mitigation Plan Addendum WI-TOD Project Area National City, California 91950 Conceptual Redevelopment Plan — Second Level Project Number: 13-052-001 Date: February 2014 Figure 2 FIGURE 3 AREA OF CONCERN LOCATION MAP PROPERTY MITIGATION PLAN ADDENDUM WI-TOD PROJECT AREA NATIONAL CITY, CA Legend TOD Project Area iii 0 AOC Boundary 0 E2 ManageTech CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT iIEETING DATE: April 1, 2014 AGENDA ITEM NO. 16 ITEM TITLE: Continued discussion of a proposed City Council Retreat PREPARED BY: Stacey Stevenson DEPARTMENT: Administrative Services PHONE: 336-4308 APPROVED BY: EXPLANATION: Following City Council direction given on December 3, 2013 staff brought forward recommendations for a City Council retreat for Council consideration. In a January 30, 2014 agendized item, staff brought forward facilitators and a recommendation that the facilitator work with the City Council in establishing an agenda for the retreat. The City Council selected a facilitator from the list provided and directed staff to return with recommended dates with consideration given to other community events. During a discussion of summer dates at the City Council meeting of February 19, 2014 direction was given to look at Fall dates. During the City Council meeting of March 18, 2014 under Council comment, staff was asked to return with an agenda item revisiting the desire of the City Council to hold the proposed retreat. With that, staff seeks direction from the City Council to either move forward in setting a date and working with the selected facilitator on the structure the retreat; or to suspend this matter indefinitely. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: The estimated cost of this is engagement is $6,800. Funds are available 001-409-000-213 ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Provide direction to staff BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: December 3, 2013 A200 — Discussion of potential City Council Retreat February 4, 2014 A200 and staff report — Proposed City Council Retreat format and facilitators March 4, 2014 A200 and calendar — Proposed City Council Retreat dates CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: AGENDA ITEM NO. ITEM TITLE: Discussion of potential City Council Retreat, including possible dates and topics PREPARED BY: Leslie Deese, City Manager DEPARTMENT: City Manager PHONE: 619-336-4240 APPROVED BYt EXPLANATION: At the November 19, 2013 City Council meeting, Councilmember Rios asked staff for an update on scheduling a city council retreat. While the subject of scheduling a retreat has come up on different occasions, council has not provided direction to staff. The purpose of this item is to provide council with an opportunity to discuss whether to hold a retreat, and if so, the timing, as well as potential topics and objectives. Should the City Council give direction to plan a retreat, staff will bring back information on available options and formats, facilitators, costs and other necessary next steps. A retreat would be held in compliance with the Brown Act: an agenda would be timely posted, matters of discussion and/or action would be on the agenda, the meeting would be held open to the public, and all materials provided to council for the retreat would be available to the public. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Provide direction to Staff BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: None CITY OF NATIONAL CITY, CALIFORNIA COUNCIL. AGENDA STATEMENT MEETING DATE: February 4, 2014 AGENDA ITEM NO. ITEM TITLE: 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. PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: See attached staff report DEPARTMENT: Administrative Services APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: The estimated cost of this is engagement is $6,800. Funds are available 001-409-000-213 ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Provide direction to Staff BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Staff report City Council Staff Report February 4, 2014 ITEM Staff Report: 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. BACKGROUND On December 3, 2013, during a regularly scheduled meeting, following discussion of a properly agendized item, the City Council of the City of National City directed staff to bring forward recommendations related to the facilitation of a City Council retreat. The purpose of this report is to provide a proposed outline for the development of the retreat, to provide a recommendation for a facilitator, and to discuss scheduling options. DISCUSSION Developing the Retreat Given the information provided by the City Council to date, as a starting point possible agenda topics include: a. Communication among Council members — how to effectively share and receive information to get to a more tangible outcome b. Goal setting to address key, resolvable issues In conferring with subject matter experts in working with boards, commissions and City Councils, it is common practice to engage said body in the development of the agenda through a facilitated process. This can be accomplished through one on one interviews with each member. The purpose of the interview is to: a. establish rapport between the consultant and the session attendees; b. gather data about "current reality" and the "desired state", c. enable the consultant to design a session that meets the attendees' needs. 3 Page 2 Staff Report — 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. February 4, 2014 Once the interviews are complete, a draft workshop design can be created by the consultant, with the design vetted in advance of the retreat. Facilitators As discussed at the meeting of December 3, 2013, there is an interest in conducting the proposed retreat in Spring, 2014. Given the timetable, the type of body (City Council), and the general topics provided by the City Council, a list of three facilitators skilled in this area are provided to you for consideration. Biographies are provided as an attachment. Scheduling The nature of the retreat lends itself best to an environment that is casual, allowing for dialogue and discussion: a session outside of a normal business meeting, in a more relaxed environment. Based on the pre -work to be done, such a retreat could be conducted in mid -March to late March or the month of May, based on your preference. If the direction is to move forward, staff can work with the facilitator and the Council on the actual scheduling. RECOMMENDATION Staff recommends the following: 1. Select a facilitator from the list provided 2. Direct staff to work with the selected facilitator in developing designing the retreat based on the process outlined above FISCAL IMPACT Based on the above, the cost is estimated to be $6,800 Attachments: Facilitator Biographies a. Frank Benest b. Ed Everett c. Gary Winters CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 4, 2014 AGENDA ITEM NO. ITEM TITLE: Scheduling of City Council retreat PREPARED BY: Stacey Stevenson DEPARTMENT: Administrative Services PHONE: 336-4308 APPROVED BY: EXPLANATION: At the regular business meeting of February 4, 2014, the City Council of the City of National City 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: Tuesdays: June 10 and 24 Fridays: June 6, 13, 20 and 27 Saturdays: 7, 21 and 28 FINANCIAL STATEMENT: APPROVED: Finance 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: 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 +- CAUII ORNIA ff. NATI IVQARYUSATED ) 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 Horne 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 RIDAY Grandfondo San Diego Bicycle 3 4 5 Race* 6 7 8 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 la Event* 18 Hunt* 19 Easter 2.0 21 22 23 24 25 26 27 Budget 28 Workshop 29 30 APRIL 3 2 1 2 3 3 4 5 6 7 8 9 5 6 7 8 9 10 11 10 111 12 13 1415 1G 111.3 14 15 36 37 1S 17 I8 19 2021 .23 10 n 21 22 7.3 24 25 MARCH MAY NOTES: *Pending City Council Approval Cinco de City Council Mayo 5 Meeting WEDNESDAY Joint City Council/ National School District 13 meeting 8 2 3 9 10 Granger Jr. High Culture 14 15 Fair* 16 Community Concert 19 20 Band 21 Memorial Day Budget observed 26 Workshop 27 MAY 1 2 3 /1 7 8 9 1(111.1213 1', 1 G 1 7 8 1 9 20 21 2.2. 23 2A 25 2.6 ? APRIL 28 1 2 3 Li5 e:2 9 1013 121?14 37 28 1'1:10 21 27 JUNE 22 23 29 30 NOTES: 4 11 17 18 24 25 31 *Pending City Council Approval RIDAY City Council 2 Meeting 3 4 5 6 7 8 9 Mabuhay 2 0 11 12 13 Festival 14 15 City Council meeting/ Budget Tiny Tot 16 Hearing 17 Graduation 18 19 26 21 22 23 24 2.5 26 27 28 29 30 JUNE 1 2 3 4 r.; 6 7 8 9 10 11 1? 1314 15 3.617 18 0 21 22 23 2 4 L, MAY 3 4 5 e, 7 8 9 10 11 12, la 14 15 16 17 28 19 20 21 222.3 24 2.5 2 ri JULY NOTES: Independence Day Carnival* 7 City Council Meeting 1 Independence Independence Day and Independence Independence 2 Day Carnival* 3 Carnival 4 Day Carnival* 5 Day Carnival* 6 8 9 10 11 1213 City Council 14 Meeting 15 16 17 18 19 20 Summer Reading Program 2.2 23 Party 24 28 29 30 31 JULY 1J 2 3 2 3 4 5 '5 1/ S 4. 5 '5 l? 9 10 9 .10 .13. 12,13 14113 1.112. 1314 6 17 18. "9 23 21 22_ 15 19 2.0 2 JUNE AUGUST 25 26 27 NOTES: *Pending City Council Approval CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 1, 2014 AGENDA ITEM NO. 17 ITEM TITLE: City of National City's Single Audit Report on Federal Awards for the Fiscal Year Ended June 30, 2013. PREPARED BY: Javier Carcamo, Accounting Manager PHONE: (619) 336-4331 DEPARTMENT: Finan i APPROVED BY: t �tr EXPLANATION: Transmitted herewith is the City of National City's Single Audit Report on Federal Awards for the fiscal year ended June 30, 2013 prepared by our external auditors, Pun & McGeady, LLP The report includes all agencies under the control of the City Council. The auditors have conducted their examination of the financial statements in accordance with generally accepted auditing standards and expressed an unmodified ("clean") opinion of those statements. The Single Audit Report has been posted on the City's website. Copies may also be viewed in the City Clerk's Office or the National City Public Library. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and file the City of National City's Single Audit Report on Federal Awards for the Fiscal Year ended June 30, 2013. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: The Single Audit Report on Federal Awards for the Fiscal Year Ended June 30, 2013 is available on the City's website. Hard copies are available in the City Clerk's Office and the City Library. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 1, 2014 AGENDA ITEM NO.18 ITEM TITLE: Investment Report for the quarter ended December 31, 2013. PREPARED BY: Ronald Gutlay PHONE: 619-336-4346 EXPLANATION: See attached staff report. DEPARTMENT: Fi an ti APPROVED BY: '?' 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: Accept and File the Investment Report for the Quarter ended December 31, 2013. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Staff Report ?. Investment Listings City Council Staff Report April 1, 2014 ITEM Staff Report: Investment Report for the quarter ended December 31, 2013. BACKGROUND The California Government Code (§ 53646(b)) requires that, when the treasurer or the chief fiscal officer of a local agency renders to the legislative body of the agency a quarterly report on the agency's investment portfolio, such report shall include the following information regarding all securities, investments, and moneys held by the local agency: l> type of investment; ➢ issuer (bank or institution); ➢ date of maturity; fr dollar amount invested; and fr current market valuation as of the date of the report. In addition, the Government Code (§ 53646(b)(2)) requires that the report state the City's compliance with its investment policy and include a statement regarding the ability of the local agency to meet its pool's ability to meet its expenditure requirements Code (§ 53646(b)(3)). OVERVIEW OF CITY INVESTMENTS The City's pooled investment portfolio balance as of December 31, 2013 is summarized below and compared to the balance as of December 31, 2012. 12/31/2013 12/31/2012 Book Value 1 $ 53,827,452 $ 50,092,887 Market Value 2 $ 53,632,781 $ 49,944,406 (1) actual cost of investments (2) amount at which the investments could be sold The California Treasurer's Local Agency Investment Fund ("LA1F") and The County of San Diego Pooled Money Fund comprise 57.72% of the City of National City's total investment portfolio (48.37% and 9.35 %, respectively). These are liquid investment pools that allow participants to earn market rate returns, while retaining access to funds within 24 to 48 hours of a withdrawal request with no penalty. The remainder of the City's portfolio is composed of investments that may be liquidated at any time. However, these investments likely do not provide Page 2 Staff Report: Investment Report for the quarter ended December 31, 2013. April 1, 2014 the short liquidity (i.e., quick access to funds) of the pooled money funds, and liquidation/withdrawal of these investments is at the risk of loss and/or penalty to the City. Summaries of the City's investment portfolio are illustrated below. INVESTMENT PORTFOLIO SUMMARY BY ISSUER/MANAGER As of December 31, 2013 Issuer/Manager Total Market %of Book Value Market Value YTM Portfolio Local Agency Investment Fund Chandler Asset Management County of San Diego Neighborhood National Bank First Tennessee National Bank 25,934,249 20,393,203 5,000,000 2,000,000 500,000 25,941,708 20.160,453 5,014,000 2,000,000 516,620 0.26% 0.50% 0.42% 0.65% 2.00% 48.37% 37.59% 9.35% 3.73% 0.96% Totals for December 2013 1 includes accrued interest 2 calculated on 30/360 basis Chandler Asset Management $20,160,453 53,827,452 53, 632,781 0.00 100.00% Local Agency _Investment Fund $25,941,708 Page 3 Staff Report: Investment Report for the quarter ended December 31, 2013. April 1, 2014 INVESTMENT PERFORMANCE BY ISSUER/MANAGER For the Quarter Ended December 31, 2013 Total Market Value' Issuer/Manager Local Agency Investment Fund Chandler Asset Management County of San Diego Neighborhood National Bank (CDARS CD) First Tennessee National Bank Totals for September 2013 9/30/13 12/31/13 $ 29,331,049 $ 25,941,708 20,140,172 20,160,453 4,998,000 5,014,000 2,000,000 2,000,000 515,984 516,620 Change $ (3,389,341) 2 20,281 16,000 636 Yield (Net) 3 0.29% 0.40% 1.28% 0.65% 0.49% $ 56,985,205 $ 53,632,781 $ (3,352,424) includes accrued interest withdrew $2,400,000 on 10/31/2013 and $1,000,000 on 12/2/2013 Annualized Interest earned paid & transferred into City's account at the close of the quarter COMPLIANCE STATEMENT All of the City's investments are in compliance with the City's investment policy (City Council Policy No. 203) and the California Government Code (§ 53601 et seq). FINANCIAL STATEMENT Realized and unrealized gains/(losses), reflected below, for the period were $57,852. These changes include changes in security market values, gain/(loss) from the sale of assets, accrued interest, and reinvested interest/earnings. Issuer/Manager Gain/(Loss) Chandler Asset Management County of San Diego First Tennessee Bank 1 LAIF Neighborhood National Bank 1 Multi Bank Securities Neighborhood National Bank 20,281 16,000 636 17,655 3,279 Totals for December 2013 $ 57,852 ' interest paid to the City is not reinvested Staff certifies that there are sufficient funds to meet the pool's expenditure requirements. RECOMMENDATIONS Accept and file the Investment Report for the quarter ended December 31, 2013. amity of National City Account #10162 Portfolio Summary As of 12/31/2013 PORTFOLIO CHARACTERISTICS Average Duration Average Coupon Average Purchase YTM Average Market YTM Average S&P/Moody Rating Average Final Maturity Average Life 1.88 1.68 % 0.59 % 0.50 % AA+/Aaa 1.93 yrs 1.87 yrs SECTOR ALLOCATION Agency (77.4 %) ACCOUNT SUMMARY Market Value Accrued interest Total Market Value Income Earned ContlWD Par Book Value Cost Value Beg. Values as of 11/30/13 20,104,389 94,994 20,199,383 30,346 19,728,370 20,399,437 20,399,437 End Values as of 12/31/13 20,080,524 79,929 20,160,453 28,412 -1,009 19,781,079 20,393,203 20,393,203 MATURITY DISTRIBUTION 50% 40,% 30% 20% t o% 41.2 % TOP ISSUERS Issuer % Portfolio Federal National Mortgage Assoc 24.8 % Govemment of United States 22.4 % Federal Home Loan Mortgage Corp 20.4 % Federal Home Loan Bank 19.2 Federal Farm Credit Bank 13.1 % Federated Govt Obligation Money 0.2 % 100.0 % CREDIT QUALITY (S&P) AA (99.8 %) AAA (0.2 %) PERFORMANCE REVIEW Total Rate of Return As of 12/31/2013 City of National City Current Latest Year Month 3 Months To Date -0.19 % 0.12 % 0.25 % Annualized 3 Yrs 0.25% N/A 1 Yr Since 5 Yrs 10 Yrs 2/29/2012 2129/2012 N/A N/A 0.48 % 0.89 % 1-3 Yr TreasuryAgency -0.13 % 0.07 % 0.37 % 0.37 % N/A N/A N/A 0.46 % 0.85 % Chandler Asset n._.,agement - CONFIDENTIAL Pa,e 1 Execution Time: 1/3/201 2:32:56 PM City of National City December 31, 2013 COMPLIANCE WITH INVESTMENT POLICY Assets managed by Chandler Asset Management are in full compliance with State law and with the City's investment policy. Category Standard Comment Local Agency Bonds No Limitation; BBB rated equivalent by a NRSRO Complies Treasury Issues No Limitation Complies Agency Issues No Limitation Complies Banker's Acceptances 40% maximum; <180 days maturity; A-1 rated equivalent by at least two NRSROs Complies Commercial Paper 25% maximum; <270 days maturity; A-1 rated equivalent by at least two NRSROs Complies Negotiable Certificates of Deposit 30% maximum; A rated equivalent by at least two NRSROs Complies Medium Term Notes 30% maximum; A rated equivalent by at least two NRSROs 1 Complies Money Market Mutual Funds 20% maximum; rated AAA equivalent by at least two NRSROs Complies Mortgage Pass-throughs, CMOs and Asset Backed Securities 20% maximum; AA -rated issue; A -rated issuer Complies Local Agency Investment Fund - L.A.I.F. Currently not used by investment adviser Complies Prohibited Securities Inverse floaters; Ranges notes, Interest- only strips from mortgaged backed securities; Zero interest accrual securities Complies Issuer Maximum 5°/0 per issuer for all non -government issuers Complies Maximum maturity 5 years Complies Akik City of National City Accccount#10162 Reconciliation Summary As of 12/31/2013 SOOK VALUE RECONCILIATION Beginning Book Value $20 399,436 65 Acquisition + Security Purchases $579,757.60 + Money Market Fund Purchases $590,254.63 + Money Market Contributions $0.00 + Security Contributions $0.00 + Security Transfers $0.00 Total Acquisitions $1,170,012.23 Dispositions - Security Sales $0.00 - Money Market Fund Sales $581,535.79 - MMF Withdrawals $1,009.00 - Security Withdrawals $0.00 - Security Transfers $0.00 - Other Dispositions $0.00 - Maturites $545,000.00 - Calls $0.00 - Principal Paydowns $0.00 Total Dispositions $1,127,544.79 Amortization/Accretion +/- Net Accretion $0.00 $0.00 Gain!Loss on Dispositions +/- Realized Gain/Loss ($48,701.20) ($48,701.2q Ending Book Value $20,393,202.89 CASH TRANSACTION SUMMARY BEGINNING BALANCE $28,369.62 Acquisition Contributions $0.00 Security Sale Proceeds $0.00 Accrued Interest Received $0.00 Interest Received $45,254.38 Dividend Received $0.25 Principal on Maturities $545,000.00 Interest on Maturities $0.00 Calls/Redemption (Principal) $0.00 Interest from Calls/Redemption $0.00 Principal Paydown $0.00 Total Acquisitions $590,254.63 Disposition Withdrawals $1,009.00 Security Purchase $579,757.60 Accrued Interest Paid $1,778.19 Total Dispositions $582,544.79 Ending Book Value $36,079.46 Chandler Asset ,. .agement - CONFIDENTIAL 3 Execution Time: 1/3/20 .32:56 PM ..ity of National City Account#10162 Holoi.tgs Report As of 12/31/13 CUSIP Security Description Purchase Date Par VaIue7Units Book Yield Cost Value Book Value Mkt Price Mkt YTM Market Value "4, of Port. Moody Maturity Accrued Int Gai&Loss S&P Duration AGENCY 31398AVZ2 FNMA Note 2.75% Due 3/13/2014 470,000.00 02/24/2012 0.38 % 492,683.61 100.52 492,683.61 0.17 % 472,427.08 3,877.50 Aaa (20,256.53) AA+ 2.36 % 0.20 0.20 3137EACB3 FHLMC Note 2.5% Due 4/23/2014 475,000.00 02/21/2012 496,260.53 100.74 478,513.10 2.38 % Aaa 0.42 % 496,260.53 0.12 % 2,243.06 (17,747.43) AA+ 0.31 0.31 3133X7FK5 FHLB Note 5.25% Due 6/18/2014 530,000.00 02/21/2012 589,291.10 102.35 542,476.73 2.70 % Aaa 0.46 0.40 % 589,291.10 0.17 % 1,004.79 (46,814.37) AA+ 0.46 3137EACD9 FHLMC Note 3% Due 7/28/2014 470,000.00 02/24/2012 498,859.88 101.60 477,521.88 2.40 % Aaa 0.57 0.45 % 498,859.88 0.21 % 5,992.50 (21,338.00) AA+ 0.57 31398AZV7 FNMA Note 2.625% Due 11 /20/2014 470,000.00 02/21/2012 496,614.22 102.19 480,279.37 0.54 % 496,614.22 0.15 % 1.405.10 2.39 % Aaa (16,334.85) AA+ 0.89 0.88 313381H24 FHLB Note 0.25% Due 1 /16/2015 625,000.00 06/21/2013 624,343.75 0.32 % 624,343.75 100.08 625,500.00 3.11 % Aaa 0.17 % 716.15 1,156.25 AA+ 1.04 1.04 3137EACH0 FHLMC Note 2.875% Due 2/9/2015 560,000.00 02/24/2012 598,380.16 102.92 576,377.20 0.53 % 598,380.16 0.22 % 6,350.56 2.89 % Aaa (22,002.96) AA+ 1.11 1.08 31331KLE8 FFCB Note 540,000.00 05/16/2013 554,277.60 101.77 1.6% Due 5/18/2015 549,563.94 2.73 % Aaa 1.38 0.28 % 554,277.60 0.31 % 1,032.00 (4,713.66) AA+ 1.37 3133XWNB1 FHLB Note 2.875% Due 6/12/2015 525,000.00 10/15/2013 547,081.50 103.67 544,286.40 0.32 % 547,081.50 0.33 % 796.61 2.70 % Aaa 1.45 (2,795.10) AA+ 1.42 31398AU34 FNMA Note 2.375% Due 7/28/2015 470,000.00 02/24/2012 497,406.17 0.65 % 497,406.17 103.16 484,854.82 2.43 % Aaa 1.57 0.36 % 4,744.06 (12,551.35) AA+ 1.54 3133EADW5 FFCB Note 0.55% Due 8/17/2015 425,000.00 04/19/2012 424,260.50 100.12 425,514.25 0.60 % 424,260.50 0.48 % 870.07 2.11 % Aaa 1.63 1,253.75 AA+ 1.62 3137EACM9 FHLMC Note 1.75% Due 9/10/2015 535,000.00 02/24/2012 555,169.50 0.67 % 555,169.50 102.33 547,474.60 0,37 % 2,886.77 2.73 % Aaa 1.69 (7,694.90) AA+ 1.66 313370JB5 FHLB Note 1.75% Due 9/11/2015 565,000.00 01/11/2013 585,407.80 102.30 577,974.10 2.88 % Aaa 1.70 0.38 % 585,407.80 0.39 °% 3,021.18 (7,433.70) AA+ 1.67 31398A4M1 FNMA Note 1.625%, Due 10/26/2015 525,000.00 05/06/2013 541,779.00 102.19 0.32 % 541,779.00 0.42 % 536,471.78 1,540.36 2.67 %. Aaa (5,307.22) AA+ 1.82 1.79 31331J2S1 FFCB Note 375,000.00 02/27/2012 386,490.75 102.13 383,004.38 1.90 % Aaa 1.88 1.5% Due 11/16/2015 0.66 % 386,490.75 0.36 % 703.13 (3,486.37) AA+ 1.85 313371NW2 FHLB Note 600,000.00 11/16/2012 617,928.00 101.85 611,109.00 1.375% Due 12/11/2015 0.39 % 617,928.00 0.42 % 458.33 3.03 % Aaa 1.95 (6,819.00) AA+ 1.92 3135G0SB0 FNMA Note 490,000.00 11/26/2012 488,858.30 99.85 489,250.30 2.43 % Aaa 1.97 0.375% Due 12/21 /2015 0.45 % 488,858.30 0.45 % 51.04 392.00 AA+ 1.96 3133ECFV1 FFCB Note 515,000.00 02/25/2013 514,902.15 99.98 514,897.51 0.43% Due 1/29/2016 0.44 % 514,902.15 0.44 % 935.01 2.56 % Aaa 2.08 (4.64) AA+ 2.06 3133EAJU3 FFCB Note 340,000.00 03/11/2013 346,079.20 101.31 344,454.68 1.71 % Aaa 2.24 1.05% Due 3/28/2016 0.46 % 346,079.20 0.46 % 922.25 (1,624.52) AA+ 2.21 3135G0BA0 FNMA Note 2.375% Due 4/11/2016 375,000.00 02/24/2012 397,993.13 104.17 390,623.25 1.95 % Aaa 2.28 0.86 % 397,993.13 0.53 % 1,979.17 (7,369.88) AA+ 2.22 Chandler Asset Management - CONFIDENTIAL Page 4 Execution Time: 1/3/2014 12:32:56 PM City of National City I Account #10162 Holdings Report As of 12/31/13 Purchase Date Cost Value Mkt Price Market Value % of Port. Moody Maturity CUSIP Security Description Par Vatue/Units Book Yield Book Value Mkt YTM Accrued Int. Gain/Loss S&P Duration AGENCY 3137EACT4 FHLMC Note 2.5% Due 5/27/2016 375,000.00 03/20/2012 1.14 % 395,804.63 104.66 395,804.63 0.55 % 392,472.38 3137EACW7 FHLMC Note 2% Due 8/25/2016 31331V3Z7 FFCB Note 5.2% Due 9/15/2016 1.95 % Aaa 2.41 885.42 (3,332.25) AA+ 2.34 575,000.00 01/09/2013 604,762.00 103.41 594,614.40 2.97 % Aaa 2.65 0.56 % 604,762.00 0.70 % 4,025.00 (10,147.60) AA+ 2.57 3137EADS5 FHLMC Note 0.875% Due 10/14/2016 313371PV2 FHLB Note 1.625% Due 12/9/2016 365,000.00 06/22/2012 430,134.25 111.72 407,775.81 2.05 % Aaa 2.71 0.88 % 430,134.25 0.81 % 5,588.56 (22,358.44) AA+ 2.52 480,000.00 11/14/2013 483,316.80 100.35 481,660.32 2.39 % Aaa 2.79 0.64 % 483,316.80 0.75 % 875.00 (1,656.48) AA+ 2.75 480,000.00 02/29/2012 494,668.80 102.51 492,069.60 2.44 ein Aaa 2.94 476.67 (2,599.20) AA+ 2.87 3135GOGY3 FNMA Note 400,000.00 09/17/2012 409,328.00 101.20 404,813.20 2.02 % Aaa 3.08 1.25% Due 1/30/2017 0.71 % 409,328.00 0.85 % 2,097.22 (4,514.80) AA+ 3.01 3135GOUY7 FNMA Callable Note 1X 2/27/15 1% Due 2/27/2017 0.97 % 494,668.80 0.76 % 600,000.00 04/26/2013 605,766.00 100.13 600,780.00 2.99 % Aaa 3.16 0.74 % 605,766.00 0.89 % 2,066.67 (4,986.00) AA+ 2.86 3137EADCO FHLMC Note 535,000.00 08/20/2012 538,386.55 100.16 535,871.52 2.67 % Aaa 3.19 1% Due 3/8/2017 0.86 % 538,386.55 0.95 % 1,679.31 (2,515.03) AA+ 3.12 3135G0MZ3 FNMA Note 545,000.00 08/15/2013 535,429.80 98.73 538,091.58 2.68 % Aaa 3.66 0.875% Due 8/28/2017 1.32 % 535,429.80 1.23 % 1,629.32 2,661.78 AA+ 3.58 3135G0TG8 FNMA Note 590,000.00 12/11/2013 579,757.60 97.48 575,120.20 2.86 % Aaa 4.11 0.875% Due 2/8/2018 1.31 % 579,757.60 1.51 % 2,050.66 (4,637.40) AA+ 3,99 313378A43 FHLB Note 470,000.00 09/17/2013 464,472.80 99.14 465,967.40 2.32 % Aaa 4.19 1.375% Due 3/9/2018 1.65 % 464,472.80 1.59 % 2,010.56 1,494.60 AA+ 4.04 15,795,894.08 15,541,810.78 77.41 %, Aaa 2.03 Total Agency 15,295,000.00 0.64 % 15,795,894.08 0.55 % 64,914.03 (254,083.30) AA+ 1.98 MONEY MARKET FUND FI 60934N807 Federated Govt Oblig Fund Inst. 36,079.46 Various 36,079.46 1.00 36,079.46 0.18 % Aaa 0.01 % 36,079.46 0.01 % 0.00 0.00 AAA 0.00 0.00 Total Money Market Fund FI 36,079.46 36,079.46 0.18 % Aaa 36,079.46 0.01 % 36,079.46 0.01 % 0.00 0.00 AAA 0.00 0.00 US TREASURY 912828PZ7 US Treasury Note 500,000.00 02/21/2012 509,493.86 100.23 501,172.00 2.50 % Aaa 0.20 1.25% Due 3/15/2014 0.32 % 509,493.86 0.10 % 1,864.64 (8,321.86) AA+ 0.20 912828LK4 US Treasury Note 470,000.00 02/24/2012 493,244.54 101.47 476,921.69 2.38 % Aaa 0.67 2.375% Due 8/31/2014 0.39 % 493,244.54 0.15 % 3,792.78 (16,322.85) AA+ 0.66 912828MZ0 US Treasury Note 420,000.00 02/24/2012 446,612.34 103.02 432,681.90 2.16 % Aaa 1.33 2.5% Due 4/30/2015 0.49 % 446,612.34 0.23 % 1,798.34 (13,930.44) AA+ 1.31 912828T02 US Treasury Note 535,000.00 10115/2013 534,416.64 100.00 535,020.87 2.66 % Aaa 1.54 0.25% Due 7/15/2015 0.31 % 534,416.64 0.25 % 617.87 604.23 AA+ 1.54 Chandler Asset . .agement - CONFIDENTIAL 6 Execution Time: 1/3/20 .:32:56 PM ...ty of National City I Account #10162 Hota1.1gs Report As of 12/31/13 CUSIP Security Description Purchase Date Par Value/Units Book Yield Cost Value Mkt Price Market Value of Port. Moody Maturity Book Value Mkt YTM Accrued Int. Gain/Loss S&P Duration US TREASURY 912828TK6 US Treasury Note 0.25% Due 8/15/2015 520,000.00 04/29/2013 0.25 % 520,022.05 99.96 520,022.05 0,27 % 519,796.68 2.58 % Aaa 1.62 491.03 (225.37) AA+ 1.62 912828PE4 US Treasury Note 1.25% Due 10/31/2015 435,000.00 02/24/2012 445,434.66 101.66 442,204.47 2.20 % Aaa 1.83 0.59 % 445,434.66 0.34 % 931.28 (3,230.19) AA+ 1.81 912828UM0 US Treasury Note 0.375% Due 2/15/2016 500,000.00 11/1412013 500,216.52 99.91 499,531.00 2.48 % Aaa 2.13 0.36 % 500,216.52 0,42 % 708.22 (685.52) AA+ 2.11 9128280A1 US Treasury Note 2.25% Due 3/31/2016 500,000.00 12/14/2012 530,431.36 103.99 519,961.00 2.59 % Aaa 2.25 0.38 % 530,431.36 0.46 % 2,874.31 (10,470.36) AA+ 2.19 91282BRF9 US Treasury Note 570,000.00 10/12/2012 581,357.38 100.94 575,343.75 2.86 % Aaa 2.67 0.48 % 581,357.38 0.64 % 1,936.74 1% Due 8/31 /2016 (6,013.63) AA+ 2.62 4,561,229.35 Total US Treasury 4.450,000.00 0.39 % 4,561,229.35 0.33 °/. 4,502,633.36 22.41 % Aaa 1.61 15,015.21 (58,595.99) AA+ 1.59 20,393,202.89 TOTAL PORTFOLIO 19,781,079.46 0.59 % 20,393,202.89 20,080,523.60 100.00 % Aaa 0.50 % 79,929,24 (312,679.29) AA+ 1.93 1.88 TOTAL MARKET VALUE PLUS ACCRUED 20,160,452.84 Chandler Asset Management - CONFIDENTIAL Page 6 Execution Time: 1/3/2014 12:32:56 PM County of San Diego Treasurer Investment Report MONTH ENDING December 31, 2013 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR Participant Cash Balances PARTICIPANT San Diego Pooled Money Fund as of December 31, 2013 ($000) FMV FMV FMV % of 10/31/13 11/30/13 12/31/13 Total COUNTY COUNTY - SPECIAL TRUST FUNDS NON -COUNTY INVESTMENT FUNDS SCHOOLS - (K THRU 12) COMMUNITY COLLEGES San Diego Grossmont Mira Costa Palomar Southwestem $ 943,457 $1,602,889 1,165, 247 1,113, 853 271,073 267,501 2,766,794 2,615,055 $1,739,724 1,592,590 271,020 3,182,347 20.97% 19.19% 3.27% 38.36% 484,309 465,816 498,798 6.01% 114,442 1 10, 624 112,405 1.35% 9,214 6,605 26,887 0.32% 124,031 113,704 129,806 1.56% 162,882 159,543 147,275 1.78% Total Community Colleges SDCERA SANCAL MTDB SANDAG CITIES Chula Vista Del Mar Encinitas National City INDEPENDENT AGENCIES Alpine FPD Bonita Sunnyside FPD Borrego Springs FPD Deer Springs FPD Fallbrook Public Utl Public Agency Self Insurance System Julian-Cuyamaca FPD Lake Cuyamaca Rec & Park Lakeside Fire Leucadia Water District Lower Sweetwater FPD 894,877 856,291 915,171 11.02% 8,125 61,902 703 106,420 39,140 3,019 2 5,009 4,249 56,511 708 107,611 39,431 3,042 2 5,047 4,109 48,282 703 106,913 39,175 3,022 2 5,014 564 523 1,219 3,945 3,751 4,531 1,054 972 1,243 6,727 6,847 7,478 14 14 14 447 450 447 214 42 153 290 276 219 6,632 5,816 7,432 11,320 11,404 11,330 345 340 423 PARTICIPANT FMV FMV FMV %of 10/31/13 11/30/13 12/31/13 Total Metropolitan Transit System Majestic Pines CSD Mission Resource Conservation District North County Cemetery District North County Cemetry Perpetual North County Cemetery North County Dispatch North County Fire Otay Water District Investment Palomar Resource Conservation District Pine Valley FPD Pomerado Cem Perpetual Pomerado Cemetery District Ramona Cemetery District Ramona Cemetery Perpetual Rancho Santa Fe FPD San Diego Housing Commission San Diego Rural Fire San Dieguito River San Marcos FPD San Miguel FPD San Ysidro Sanitation Santa Fe Irrigation District SDC Regional Airport Authority So County OPS Center Spring Valley/Casa de Oro Upper San Luis Rey Reservoir Vallecitos Water District Valley Center FPD Valley Cntr Cemetery Valley Ctr Cem Perpetual Valley Ctr Water District Vista FPD 3,997 0 402 1,048 1,192 1,491 2,719 2,055 16,160 0 365 11 1,460 562 347 9,177 2 12 34 1 3,519 13 4,903 256,888 0 0 13 5,062 3,604 50 226 14,314 2,109 6,408 0 406 1,061 1,210 1,422 2,922 2,174 21,299 0 374 0 1,441 540 349 8,717 2 50 -77 1 3,172 13 4,939 258,793 0 0 14 5,100 3,678 47 229 14,885 2,125 6,240 0 411 1,054 1,215 1,519 2,732 2,953 21,161 0 435 0 1,486 577 347 11,306 9,975 352 -162 1 6,453 13 4,907 253,126 0 0 16 5,066 4,069 51 229 15,946 2,958 Total Independent Agencies 587,607 588,329 596,146 7.19% Pooled Money Fund Total $6,629,055 $7,043,918 58,296,998 100.00% COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR 18 Investments City of National City Portfolio Management Portfolio Summary December 31, 2013 City of National City Par Market Book % of Days to YTM/C VTM/C Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. LAIF 25,934,248.95 25,941,708.16 Federal Agency Securities 500,000.00 512,870,00 CDARS 2,000,000.00 2,000,000.00 Investments 26,434,248.95 28,454,578.16 25,934,248.95 91.21 1 1 0.241 0,244 500, 000.00 1.76 1,826 594 1,973 2.000 2,000,000.00 7.03 364 65 0.641 0.650 28,434,248.95 100.00% 59 16 0.299 0.303 Total Earnings December 31 Month Ending Current Year Average Daily Balance Effective Rate of Retum Reporting period 12101/2013-12/31/2013 Run Date: 03/04/2014 - 09.33 7,582.61 28,498,765.08 0.31% No fiscal year history available Portfolio CNC CC PM (PRF_PM1) SymRept 6.41.202b Report Ver. 5.00 CUSIP LAIF 98-37-576 City of National City Portfolio Management Portfolio Details - Investments December 31, 2013 Page 2 Average Purchase Stated YTMIC Days to Maturity Investment it Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date 11058 Local Agency Investment Fund 25,934,248.95 25,941,708.16 25,934,248.95 0.244 0.244 1 Subtotal and Average 25,998,765.08 25,934,248.95 25,941,708.16 25,934,248.95 0.244 1 Federal Agency Securities 3136FPAB3 11362 Federal Nall. Mortgage Assoc. 08/18/2010 500,000.00 512,870.00 500,000.00 2.000 AAA 2.000 594 08/18/2015 Subtotal and Average 500,000.00 500,000.00 512,870.00 500,000.00 2.000 594 CDARS SYS11387 11387 Neighborhood National Bank 03/08/2013 2,000,000.00 2,000,000.00 2,000,000.00 0.650 0.650 65 03/07/2014 Subtotal and Average 2,000,000.00 2,000,000.00 2,000,000.00 2,000,000.00 0.650 65 Total and Average 28,498,765.08 Run Date'. 03/04/2014 - 0933 28,434,248.95 28,454,578.16 28,434,248.95 0.303 16 Portfolio CNC CC PM (PRF_PM2) SymRept 5.41.202b CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 1, 2014 AGENDA ITEM NO.19 ITEM TITLE: National City War Memorial — Request for City Council Discussion and Direction PREPARED BY: Leslie Deese, City Manager DEPARTMENT: City gar PHONE: 619-336-4240 APPROVED EXPLANATION: See attached Staff Report FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Request Council Direction BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Staff Report Staff Report: National City War Memorial — Request for City Council Discussion and Direction Issue: Over the course of two evenings, March 17 and 18, 2014, three bronze plaques were stolen from the National City War Memorial at Kimball Park. The plaques, on display at the park for over 60 years, were dedicated to National City servicemen who died serving our country during World War II, Korean, and Vietnam wars (Attachment I). The NCPD issued a media advisory alerting recyclers and metal scrap businesses to the theft. Crime Stoppers also issued a media advisory and offered up to a $1,000 reward. There was an immediate outpouring of concern and support, both locally and regionally. Intense media coverage, both on air and in print, brought the community together. Local veteran groups, elected officials, businesses, and the community at large rallied to raise money to replace the stolen plaques. On the evening of March 22, 2014, the National City Police Department received a telephone call from a resident of the apartment complex located at 245 Willow Road in San Ysidro stating that he had found the three stolen War Memorial plaques. The plaques were located leaning up against a fence in the apartment complex parking lot. The citizen researched the plaques on the internet and determined that they were stolen. NCPD officers responded and recovered the plaques. Two of the plaques appear to be undamaged but needs repainting, while the third has some damage to one of the corners (Attachment 2). While no suspect(s) have yet been identified or arrested in this case, the investigation is ongoing. We believe that the thief(s) discarded the plaques due to the media's intense coverage of the issue and outrage by the community. It should also be noted that the theft of bronze, copper, and brass sadly reflects a nationwide problem and certainly not one that is limited to National City. Given the plaques safe return, the issue of how best to safeguard and protect them should now be discussed. Discussion: National City's War Memorial ensures our fallen heroes will forever be remembered not only for their service to our County, but for their roles in families and their community. For generations to come, visitors to the Memorial will be inspired, as we are, by the heroism and devotion to duty, and will be filled with a sense of pride in their community. Recent events, however reiterate the need to safeguard and protect the plaques from future damage or theft. It also provides an opportunity to redesign the Memorial to include enhanced security, lighting, etc. to tie into the $1.5 million "D" Avenue 1 Community Corridor Project, which includes a pentagon dedicated to the five armed branches of the military (Army, Navy, Air Force, Marines, and Coast Guard). To aid in the discussion of potential next steps, staff offers the following ideas for Council's consideration: • Establish an ad -hoc advisory committee comprised of representatives from the veteran community, public art committee, parks & recreation advisory board, and city staff to develop recommendations for council's consideration on protecting the plaques with enhanced security and lighting, including recommendations such as: o Repair and restore existing plaques — The existing plaques are over 60 years old, and were last professionally cleaned and repainted in calendar year 2000. Although considered priceless in terms of sentimental value, replacement of the plaques is valued at approximately $17,000. Fortunately, while two of the plaques were not damaged during the theft; one was. The damage to the largest plaque includes bowing and a bent corner, as shown in the attached photo. The estimator believes he may be able to repair the plaque. Missing also is the original mounting hardware with flourishes, which will need to be replicated and replaced. At the time of this writing, we have not received the estimates for the work described. o Dedicate a new plaque in honor of the National City service men and women who have perished in recent wars and military operations, such as Iraq and Afghanistan. o Rededicate the War Memorial in conjunction with the completion of the "D" Avenue Community Corridor Project (estimated to begin in May and finish by October, 2014). o Identify potential funding source(s) and/or fundraising opportunities to assist in the cost to refurbish or redesign the War Memorial. Provided for informational purposes only is a historical timeline on the War Memorial that was reconstructed from records obtained from the City Clerk's Office. • September 5, 1944 — A representative of the War Memorial Committee requested the City designate a site in Kimball Park. The City Engineer was instructed to draw plans for an amphitheater or bowl to be constructed. • November 28, 1944 — A fundraising memorial drive was initiated and a War Memorial Fund was established. • August 26, 1946 — War Memorial Committee directed to submit plans to the city council in order to get cost of the project. • May 27, 1947 — City accepted the bid of H.H. Johnson for $29,777 to construct the War Memorial Bowl. • Year of 1948 — Dedication of War Memorial some time during the year. 2 • June 21, 1948 — Resident requested the names of the individuals who gave their lives in the war be added to the plaque. • August 16, 1949 — Request by the Veterans of Foreign Wars that two Memorial Plaques be cast and placed in the Memorial Bowl, one dedicated to those who gave their lives for their country, and the other for those who served. • June 11, 1996 — Request by resident to rededicate the War Memorial Bowl and place a sign above the arch and a plaque with the names of National City residents who gave their lives for our freedom, new flag poles, and an eternal flame. • Summer, 2000 — Construction on War Memorial renovation was completed (CIP Project) 3 Attachment 1- BEFORE THEFT Attachment 1- BEFORE THEFT Attachment 1 - BEFORE THEFT IN HONOR AND MEMORY OF THE CITIZENS OF NATIONAL CITY WHO GAVE THEIR LIVES IN THE SERVICE OF THEIR COUNTRY DURING THE KOREAN WAR AND THE 'VIETNAM CONFLICT KOREAN WAR 1411-9911 Ati.t EXP.... PFC. fil,...265 NED 111,1.01%. GNI. MAim1 VTEThiMpl OCIPMUCT 1064-1413 IIIIILLEAVIlt, ARIAS M. PlEt. ARMY MCC W. CC....qt. -As. ARMY oec4,,r,e D NOLAN.. t. PS. KART . Mt.. HENRY C.A1b0...1.1-. !NENt 4waw.vY, SMCC. ARMY I AMt3..3.7P- lsst,i VAVT. blAfloctS 1.1.7P-EA1.I 11.11„ MqAOStZ KALI'S in.., ON. I AMES V k .TSAIL. SP.. C. A t ti..kitis, flI. WRNS. so% %%WI 1 TON Ns, ,11 w 1.4 Attachment 2 - AFTER THEFT Attachment 2 - AFTER THEFT Attachment 2 - AFTER THEFT (Bent Corner) CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY COUNCIL AGENDA STATEMENT :ETING DATE: April 1, 2014 AGENDA ITEM NO.20 ITEM TITLE: PUBLIC HEARING: Community Development Commission - Housing Authority of the City of National City, Section 8 Rental Assistance Program, Public Housing Agency Annual Plan (PHA), Annual Plan for Fiscal Year 2014, and the Section 8 Plan for Fiscal Year 2014; and authorizing the submittal of the PHA Plan and Administrative Plan to the U.S. Department of Housing and Urban Development. PREPARED BY: 'Hermi Oliveria PHONE: Housing Programs Manager (619) 336-4259 EXPLANATION: See attached report Housing, Grants & Asset DEPARTMENT: Management APPROVED FINANCIAL STATEMENT: ACCOUNT No. There will be no fiscal impact as a result of this action. ENVIRONMENTAL REVIEW: Not applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Conduct the Public Hearing; and Public Notification: A Public Hearing Notice was Published in the San Diego Union Tribune as legally required.' BOARD / COMMISSION RECOMMENDATION: Not applicable ATTACHMENTS: 1. Notice of Public Hearing 2. Proof of Publication NOTICE OF PUBLIC HEARING Community Development Commission, Housing Authority of the City of National City Section 8 Rental Assistance Program Public Housing Agency Plan Annual Plan for Fiscal Year 2014 Section 8 Administrative Plan NOTICE IS HEREBY GIVEN that the Board of Commissioners of the CDC, Housing Authority of the City of National City, Section 8 Rental Assistance Program will hold a public hearing on April 1, 2014, at 6:00 p.m., in the National City Council Chambers located at 1243 National City Boulevard, National City, California. Public testimony can be heard on the proposed Public Housing Agency Annual Plan for Fiscal Year 2014, and Section 8 Administrative Plan. On or about February 16, 2014, the referenced plans and policies will be released for a 45-day public review and comment period. The Public Housing Agency (PHA) Plan is a comprehensive guide to a public housing agency's policies, programs, operations, and strategies for meeting local housing needs and goals. There are two parts to the PHA Plan; the Five -Year Plan, which each PHA submits to the U.S. Department of Housing and Urban Development (HUD) once every fifth PHA fiscal year; and, the Annual Plan which is submitted to HUD every year. The Section 8 Administrative Plan is the governing document for the Housing Authority's administration of its Section 8 program. The referenced documents and supporting documents will be available for public review after February 16, 2014 at the following locations: Housing Authority of the City Of National City Section 8 Rental Assistance Program 140 E. 12th Street, Suite B National City CA 91950 City of National City — City Hall City Clerk 1243 National City Blvd National City CA 91950 City of National City Main Library 1401 National City Blvd National City CA 91950 Written comments may be submitted prior to the public hearing and during the 45-day comment period ending on or about April 1, 2014, to: CDC, Housing Authority of the City of National City Section 8 Rental Assistance Program Attn: Hermi Oliveria 140 E. 12`h Street, Suite B National City CA 91950-3312 Phone: (619) 336-4254 Fax: (619) 477-3747 DATED: February 10, 2014 Leslie Deese Executive Director Date of Publication: February 16, 2014 UT San Diego P.O. Box 120191, San Diego, CA 92112-0191 AFFIDAVIT OF PUBLICATION CITY OF NATIONAL CITY COMM.DEV.COMM,SECO-8RENT ASST 140 E 12TH STREET #B ATTN: SONIA CARABANTES NATIONAL CITY, CA 91950 STATE OF CALIFORNIA} ss. County of San Diego} The Undersigned, declares under penalty of perjury under the laws of the State of California: That he is a resident of the County of San Diego. That he is and at all times herein mentioned was a citizen of the United States, over the age of twenty-one years, and that he is not a party to, nor interested in the above entitled matter; that he is Chief Clerk for the publisher of The San Diego Union -Tribune a newspaper of general circulation , printed and published daily in the City of San Diego, County of San Diego, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all the times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of San Diego, County of San Diego, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to, and which newspaper is not devoted to nor published for the interests, entertainment or instruction of a particular class, profession, trade, calling, race, or denomination, or any number of same; that the notice of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any supplement thereof on the following dates, to wit: Feb 16,2014 Chief Clerk for the Publisher z/c2// Date Affidavit of Publication of Legal Advertisement Ad # 0010816570# ORDERED BY: SONIA CARAVANTES NOM OF PUBLIC IgARING Community Development Commission! Housing Authority of the City of National City Section 8 Rental Assistance Program Public Housing Agency Plan Annual Plan far Fiscal Year 2014 Section 8 Administrative Plan NOTICE IS HEREBY GIVEN that the Board of Commissioners of the CDC, Housing Authority of the City of National City, Section 8 Rental As- sistance Program will hold a public hearing on April 1, 2014, at 6:00 pin., in the National City Council Chambers located at 1243 Na- tional City Boule- vard, National City, California. Public testimony can be heard on the pro- posed Public Hous- ing Agency Annual Plan for Fiscal Year 2014, and Section 6 Administrative Plan. On or about February 16, 2014, Me referenced pions and policies will be released for a 45-clay public review and comment period, The Public Hous- ing Agency (PHA) Plan is aCtlnpre- hensive guide to a public housing oaen- cys policies, pro- grams, operations< and strategies for meeting local hous- ing needs and goals. There are two parts to the PHA Plan; the Five -Year Pion, which each PHA submits to the U.S. Department of Hous- ing and Urban De. velopment (HUD) once every fifth PHA fiscal year; and, the Annual Plan which is submitted to HUD every year. The Section 8 Adnninis- trative Plan is the governing document for the Housing Au- ttority'S administra- tion of its Section 8 pragi Lim. The referenced documents and Sup- porting documents will be available for public review after February 16, 2014 at the following locu- tions Housing Authority of the City Of Notional City Section 8 Rental Assistance Program 140 E.12th Street, Suite B National City, CA 91950 City of National City -City Hall City Clerk 1243 National City Blvd Notional City, CA 91950 City of National City Main Library 1401 National City Blvd National City, CA 91950 Written comments may be submitted prior to the public hearing and during the 45-day comment period ending on or about April 1, 2014, to: CDC, Housing Authority of the City of National City Section 8 Rental Assistance Program Attn: Hermi Oliveria 140 E. 12th Street, Suite B National City, CA 91950-3312 Phone: (619) 336-4254 Fax: (619) 477-3747 DATED: February 12.2014 Leslie Deese-. Executive Director Date of Publication: February 16, 2014 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY COUNCIL AGENDA STATEMENT FETING DATE: April 1, 2014 AGENDA ITEM NO. 21 ITEM TITLE: Resolution of the Community Development Commission - Housing Authority of the City of National City approving the Public Housing Agency Annual Plan (PHA) for Fiscal Year 2014, and authorizing the submittal of the Plan to the U.S. Department of Housing and Urban Development. PREPARED BY: Hermi Oliveria \,(11 PHONE: Housing Programs Manager (619) 336-4259 EXPLANATION: See attached report Housing, Grants & Asset DEPARTMENT: Ma ; gement APPROVED BIY: _ FINANCIAL STATEMENT: ACCOUNT No. There will be no fiscal impact as a result of this action. ENVIRONMENTAL REVIEW: Not applicable, ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: Finance APPROVED: MIS STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: HCDC Committee reviewed on March 17, 2014 and made no recommendations. ATTACHMENTS: 1. Background Report 2. Resolution 3. PHA Annual Plan for Fiscal Year 2014 was distributed via email in pdf format to Council on February 17, 2014; is available on the website and at: City Clerk's Office, National City Library and the Section 8 Rental Assistance Division office. Housing Authority Of The City Of National City Section 8 Rental Assistance Program Agenda Statement Addendum April 1, 2014 Background: The U.S. Department of Housing and Urban Development (HUD), in response to the Quality Housing and Work Responsibility Act of 1998 (QHWRA), requires housing authorities to prepare a Section 8 Public Housing Agency (PHA) Plan. The PHA Plan concept is based on the consolidated planning process used for HUD's community and development programs. Like the Consolidated Plan that is required by HUD for jurisdictions using federal funds for housing and community development, the attached plan provides a planning mechanism by which the Housing Authority of the City of National City Section 8 Rental Assistance Program (HACNC) can examine its long- range needs and short term needs. Specifically, the Plan identifies the needs of the families that it serves and develops both Tong -term strategies (i.e. Five -Year Plan) and short-term strategies (i.e. Annual Plan) for addressing the needs. The Annual Plan provides details about the HACNC's immediate operations, program participants, programs and services. This Plan also identifies the HACNC's strategy for handling operation concerns, resident's concerns and needs, programs and services. The community and the Housing and Community Development Commission (HCDC) committee, acting as the Resident Advisory Board, were given an opportunity to review and comment on the proposed plan. No recommendation and comment were received regarding the proposed plan. RESOLUTION NO. 2014 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY APPROVING THE PUBLIC HOUSING AGENCY ANNUAL PLAN FOR FISCAL YEAR 2014, AND AUTHORIZING THE SUBMITTAL OF THE PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, on October 21, 1998, the United States Congress enacted Public Law 105-276, known as the Quality Housing and Work Responsibility Act ("QHWRA") requiring housing authorities to prepare and submit a Public Housing Agency Annual Plan; and WHEREAS, the PHA for Fiscal Year 2014 provides details regarding the CDC - Housing Authority of the City of National City's (HACNC's) strategy for immediate operations, program participants, programs, and services; and WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires a Public Hearing to be held in order to receive public input; and WHEREAS, on April 1, 2014, a Public Hearing was held for review and recommendation by the public of the proposed Public Housing Agency Annual Plan for Fiscal Year 2014; and WHEREAS, the Housing and Community Development Committee ("HCDC") has reviewed the PHA for Fiscal Year 2014 for any significant amendments or modifications. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission - Housing Authority of the City of National City hereby approves the Public Housing Agency Annual Plan for Fiscal Year 2014. BE IT FURTHER RESOLVED that the Community Development Commission - Housing Authority of the City of National City hereby approves the submittal of the PHA for Fiscal Year 2014 by the Executive Director to the U.S. Department of Housing and Urban Development (HUD). A copy of said PHA Plan is attached hereto. PASSED and ADOPTED this 1st day of April, 2014. ATTEST: Leslie Deese, Secretary APPROVED AS TO FORM: Claudia G. Silva General Counsel Ron Morrison, Chairman CDC - Housing Authority of the City of National City Section 8 Rental Assistance Program PUBLIC HOUSING AGENCY PLAN ANNUAL PLAN FOR FISCAL YEAR 2014 This item will be heard during the City Agenda meeting on April 1, 2014, and is now open for public review (Feb. 16, 2014 to April 1, 2014). 140 E. 12th Street, Suite B National City CA 91950-3312 (619) 336-4254— Telephone (619) 477-3747— Facsimile www.nationalcityca.gov PHA 5-Year and Annual Plan U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB No. 2577-0226 Expires 4/30/2011 1.0 PHA Information PHA Name: Housing Authority of the City or National City PHA Code: PHA Type: 0 Small r❑ High Performing D Standard PHA Fiscal Year Beginning: (MM/YYYY): 07/2014 ❑ HCV (Section 8) 2.0 Inventory (based on ACC units at time of FY Number of PH units: beginning in 1.0 above) Number of HCV units: 1123 3.0 4.0 Submission Type ❑ 5-Year and Annual Plan Only ❑ 5-Year Plan Only ri Annual Plan PHA Consortia ■ PHA Consortia' (Check box if submitting a joint Plan and complete table below,) Participating PHAs PHA Code Program(s)Included in the Consortia Pro grams Not in the Consortia No. of Units in Each Program HCV PHA I: PHA 2: P PHA 3: 5.0 5-Year Plan. Complete items 5.1 and 5.2 on y at 5-Year P an update. 5.1 Mission. State the PHA's Mission for serving the needs of low-income, very low-income, and extremely low income families in the PHA's jurisdiction for the next five years: SEE ATTACHMENT 5.2 Goals and Objectives. Identify the PHA's quantifiable goals and objectives that will enable the PHA to serve the needs of low-income and very low-income, and extremely low-income families for the next five years. Include a report on the progress the PHA has made in meeting the goals and objectives described in the previous 5-Year Plan. SEEN ATTACHMENT 6.0 PHA Plan Update (a) Identify all PHA Plan elements that have been revised by the PHA since its Iasi Annual Plan submission: SEE ATTACHMENT (b) Identify the specific location(s) where the public may obtain copies of the 5-Year and Annual PHA Plan. For a complete list of PHA Plan elements, see Section 6.0 of the instructions. SEE ATTACHMENT 7.0 Hope VI, Mixed Finance Modernisation or Development, Demolition and/or Disposition, Conversion of Public Housing, Homeownership Programs, and Project -based Vouchers Include statements related to these programs as applicable. 8.0 Capital Improvements. Please complete Parts 8.1 through 8.3, as applicable. 81 Capital Fund Program Annual Statement/Performance and Evaluation Report. As part of the PHA 5-Year and Annual Plan, annually complete and submit the Capital Fund Program Annual Statement/Performance and Evaluation Report, form HUD•50075.1, for each current and open CFP grant and CFFP financing. 8.2 Capital Fund Program Five -Year Action Plan. As part of the submission of the Annual Plan, PHAs must complete and submit the Capital Fund Program Five -Year Action Plan, form HUD-50075.2, and subsequent annual updates (on a rolling basis, e.g., drop current year, and add latest year for a five year period). Large capital items must be included in the Five -Year Action Plan. 8.3 Capital Fund Financing Program (CFFP). ❑ Check if the PHA proposes to use any portion of its Capital Fund Program (CFP)/Replacement Housing Factor (RHF) to repay debt incurred to finance capital improvements. Page I of 2 form HUD-50075 (4/2008) 9.0 9.1 10.0 Housing Needs. Based on information provided by the applicable Consolidated Plan, information provided by HUD, and other generally available data, make a reasonable effort to identify the housing needs of the low-income, very low-income, and extremely low-income families who reside in the jurisdiction served by the PHA, including elderly families, families with disabilities, and households of various races and ethnic groups, and other families who are on the public housing and Section 8 tenant -based assistance waiting lists. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. SEE ATTACHMENT Strategy for Addressing Housing Needs. Provide a brief description of the PHA's strategy for addressing the housing needs of families in the jurisdiction and on the waiting list in the upcoming year. Note: Small, Section 8 only, and High Performing PHAs complete only for Annual Plan submission with the 5-Year Plan. N/A Additional Information. Describe the following, as well as any additional information HUD has requested. (a) Progress in Meeting Mission and Goals. Provide a brief statement of the PHA's progress in meeting the mission and goals described in the 5- Year Plan. SEE ATTACHMENT (b) Significant Amendment and Substantial Deviation/Modification. Provide the PHA's definition of "significant amendment" and "substantial deviation/modification" - SEE ATTACHMENT 11.0 Required Submission for HUD Field Office Review. In addition to the PHA Plan template (HUD-50075), PHAs must submit the following documents. Items (a) through (g) may be submitted -with signature by mail or electronically with scanned signatures, but electronic submission is encouraged. Items (h) through (i) must be attached electronically with the PHA Plan. Note: Faxed copies of these documents will not be accepted by the Field ice. (a) Form HUD-50077, PHA Certifications of Compliance with the PHA Plans and Related Regulations (which includes all certifications relating to Civil Rights) (b) Fonn HUD-50070, Certification for a Drug -Free Workplace (PHAs receiving CFP grants only) (c) Form HUD-50071, Certification of Payments to Influence Federal Transactions (PHAs receiving CFP grants only) (d) Form SF-LLL, Disclosure of Lobbying Activities (PHAs receiving CFP grants only) (e) Form SF-LLL-A, Disclosure of Lobbying Activities Continuation Sheet (PHAs receiving CFP grants only) (f) Resident Advisory Board (RAB) comments. Comments received from the RAB must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the recommendations and the decisions made on these recommendations. (g) Challenged Elements (h) Form HUD-50075.1, Capital Fund Program Annual Statement/Performance and Evaluation Report (PHAs receiving CFP grants only) (i) Form HUD-50075.2, Capital Fund Program Five -Year Action Plan (PHAs receiving CFP grants only) Page 2 of 2 form HUD-50075 (4/2008) 5.1 Mission To promote adequate and affordable housing, economic opportunity and suitable living environment free from discrimination to the low income households in the City of National City. 5.2 Goals and Objectives PHA Goal: Expand the supply of assisted housing. Objective: Increase housing choices for families and individuals. > Progress: Unable to meet this goal due to the U.S. government's sequestration which resulted in reduced funding. The U.S. Department of Housing and Urban Development (HUD) is encouraging every PHA's to reduce expenses by reducing its program size. PHA Goal: Improve the quality of assisted housing Objective: Maintain safe, decent, sanitary units and improve quality of life for residents living in assisted units. ➢ Progress: Maintained its high performer SEMAP score. PHA Goal: Increase assisted housing choices Objective: Balance service delivery in all housing market areas. > Progress: Maintained communications with apartment associations in order to recruit new participating owners; continue to actively explore opportunities for housing conversion of affordable housing units within its jurisdiction. PHA Goal: Provide an improved living environment Objective: Maintain safe, decent, sanitary units and improve quality of life for residents living in assisted units. Progress: Maintained assistance to senior residents at Kimball Tower as well as Inter City Manor. PHA Goal: Promote self-sufficiency and asset development of families and individuals Objective: Create additional economic independence opportunities for families and individuals. > Progress: Continued referrals to the National City Collaborative for supportive services to increase independence. PHA Goal: Ensure equal opportunity and affirmatively further fair housing Objective: Promote equal housing opportunities. > Progress: Fair housing programs and resources are included in all issuance briefings. Communication was maintained with the San Diego Fair Housing Council, ensuring proper referrals for anyone alleging discrimination, whether an HCV participant or member of the public. The HACNC periodically meets with community property owners and management agents to provide them with information and encourage their participation in the Section 8 program. Tenants and landlords are educated regarding their responsibilities for compliance with affirmative fair housing policies. Other PHA Goals and Objectives: Violence Against Women Act (VAWA) Prohibits the eviction of victims of domestic violence, dating violence, sexual assault, or stalking • The HACNC supports the goals of the VAWA Amendments and will comply with its requirements and will continue to administer its housing programs in ways that support and protect participants and applicants who maybe victims of domestic violence, dating violence, sexual assault or stalking. • The HACNC will not take any adverse action against a participant or applicant solely on the basis of her or his being a victim of such criminal activity, including threats of such activity. "Adverse action" in this context includes denial or termination of housing assistance. • The HACNC will not subject a victim of domestic violence, dating violence, sexual assault or stalking to a more demanding standard for lease compliance than other participants. • The HACNC has developed policies and procedures to implement the requirements of VAWA. The victim or threatened victim of an incident or incidents of actual or threatened domestic violence, dating violence, or stalking will not be construed as a serious or repeated violation of the lease, and shall not be good cause for terminating the assistance, tenancy, or occupancy rights of the victim of such violence. The HACNC . may terminate the assistance/tenancy to remove a lawful occupant or tenant who engages in criminal acts or threatened acts of violence or stalking to family members or others without terminating the assistance or evicting victimized lawful occupants. The HACNC may honor court orders regarding the rights of access or control of the property and orders issued to protect the victim and to address the distribution or possession of property among household members where the family "breaks up". There is no limitation on the ability of the HACNC to terminate assistance for other good cause unrelated to the incident or incidents of domestic violence, dating violence, or stalking, other than the victim may not be subject to a "more demanding standard" than non -victims. There is no prohibition on the HACNC terminating assistance if it "can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the property if that tenant's (victim's) assistance is not terminated". Any protection provided by the law which give greater protection to the victim are not superseded by these provisions. The HACNC may require certification by the victim of victim status on such forms as the HACNC and/or HUD shall prescribe or approve. D Progress: Coordinated with the Police Department and the Department of Health and Human Services to identify and appropriately refer child or adult victim of domestic violence, dating violence, sexual assault, or stalking and place victims into existing community programs. Continued to review cases of possible domestic violence to ensure that applicants and participants are not denied housing assistance based on incidents in which they are victims of domestic violence, dating violence, sexual assault, or stalking. The HACNC constantly updates its Section 8 Family and Landlord Handbooks and Administrative Plan with information on the Violence Against Women Act (VAWA) and the Enterprise Income Verification (EIV) System, as well as program policies, procedures, and regulations. The Family Handbooks are issued to new program participants at briefing and the Landlord Handbooks are provided to landlords at outreach events. Other PHA Goals and Objectives: Deter and eliminate program fraud D Progress: Remains committed to assuring that the proper level of benefits are received by all participating families, and that housing resources reach only income -eligible families so that program integrity can be maintained. Takes all steps necessary to prevent fraud, waste and mismanagement so program resources are utilized judiciously. Continued tenant counseling and providing detailed understanding of the program at issuance briefing and at every annual recertification and moves; utilized resources to prevent fraud such as EIV, credit reports, post office address verification, dependent children's school verification, and DMV checks. 6.0 PHA Plan Update (a) Identify all PHA Plan elements that have been revised by the PHA since its last Annual Plan submission: 2. Financial Resources: Statement of Financial Resources: Planned Sources and Uses Financial Resources Planned Sources and Uses Sources Planned $ Planned Uses 1. Federal Grants (FY 2013 grants) a) Public Housing Operating Fund b) Public Housing Capital Fund c) HOPE VI Revitalization d) HOPE VI Demolition e) Annual Contribution to HCV $8,971,042 Section 8 Rental Assistance f) Resident Opportunity and Self - Sufficiency Grants g) Community Development Block Grant $808,047 Provides affordable housing, revitalized neighborhoods, and creates employment opportunities h) HOME $269,428 First time homebuyers assistance, single family rehabilitation, and multifamily acquisition/rehabilitation Other Federal Grants (list below) 2. Prior Year Federal Grants (unobligated funds only) (list below) 3. Public Housing Dwelling Rental Income 4. Other Income (list below) 5. Non-federal Sources (list below) Redevelopment Housing Set -Aside Funds (estimated) Low Mod income Housing Asset Fund $178,940 L & M housing and admin Total Resources $10,227,457 3. Financial Resources Rent Determination Payment Standards What is the PHA's payment standard? At or above 90% of FMR 11. Fiscal Year Audit: Year ended June 30, 2013 — The audit disclosed no instances of noncompliance or other matters that are required by auditors to be reported under OMB Circular A-133. (b) Identify the specific location(s) where the public may obtain copies of the Annual Plan: The PHA Plan is available on our website at www.nationalcitvca.gov and at the below listed offices: Main administrative office of the PHA: Housing Authority of the City of National City Section 8 Rental Assistance Division 140 E 12th Street, Suite B National City, CA 91950 Main administrative office of local, county or State government: City of National City — City Hall City Clerk 1243 National City Boulevard National City, CA 91950 Public library City of National City Main Library 1401 National City Boulevard National City, CA 91950 9.0 Housing Needs The City of National City is a desirable location and is a draw for a diversity of people. The cost of living and rental costs are high. As a result, the need for affordable housing in the HACNC's jurisdiction is reflected by the number of applicants on the waiting list for the Section 8 Housing Voucher program. As of December 2013, the combined number of applicants seeking affordable housing assistance from the HACNC totaled 4,242 (refer to the Housing Needs Table, below). The HACNC waiting list data also confirms the need to assist a variety of households with differing demographics, including those with special needs (i.e., disabled, physically handicapped), as well as low income seniors on fixed incomes. The HACNC's jurisdiction encompasses one Consolidated Plan jurisdiction. Housing Needs of Families on the PHA's Section Tenant -Based Assistance Waiting List # of Families % of Total Families Annual Turnover Waiting list total 4242 20 Extremely low income (<=30% AMI) 3571 84.18% Very low income (>30% but <=50% AMI) 663 15.63% Low income (50% but <=80% AMI) 8 0.19% Families with children 2451 57.78% Elderly families 1092 25.74% Families with disabilities 699 16.48% Hispanic 2865 67.54% Non -Hispanic 1377 32.46% American Indian/Alaska Native 24 0.57% Asian 625 14.73% Native Hawaiian/Pacific Islander 90 2.12% Black/African American 392 9.24% White 3111 73.34% 10.0 Additional Information (a) Progress in Meeting Mission and Goals. See 5.2 above (b) Significant Amendment and Substantial Deviation/Modification Substantial Deviation from the 5-year Plan: A change that will substantially negatively impact a majority of Section 8 participants or waiting list applicants considered a substantial deviation from the 5-Year except when the change is determined to be necessary in order to comply with regulatory requirements, respond to funding constraints, or respond to a federally, state, or locally ordered emergency. Significant Amendment or Modification to the Annual Plan: A change that will substantially negatively impact a majority of Section 8 participants or waiting list applicants is considered a significant amendment or modification to the Annual Plan except when the change is determined to be necessary in order to comply with regulatory requirement, respond to funding constraints, or respond to a federally, state, or locally ordered emergency. CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY COUNCIL AGENDA STATEMENT FETING DATE: April 1, 2014 AGENDA ITEM NO, 22 ITEM TITLE: Resolution of the Community Development Commission - Housing Authority of the City of National City approving the revisions to the Section 8 Administrative Plan, and authorizing submittal of the Plan to the U.S. Department of Housing and Urban Development PREPARED BY: Hermi Oliveria Housing Programs Manager PHONE: (619) 336-4259 EXPLANATION: See attached report Housing, Grants & DEPARTMENT: set Management APPROVED FINANCIAL STATEMENT: APPROVED. Finance ACCOUNT NO. There will be no fiscal impact as a result APPROVED: MIS of this action. ENVIRONMENTAL REVIEW: Not applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution BOARD 1 COMMISSION RECOMMENDATION: Not applicable ATTACHMENTS: 1. Background report 2. Resolution 3. Section 8 Administrative Plan was distributed via e-mail in pdf format to Council on February 17, 2014, and is available on www.nationalcityca.gov and at: City Clerk's Office, National City Library and the Section 8 Rental Assistance Division office. Community Development Commission Housing Authority Of The City of National City Agenda Statement Addendum April 1, 2014 Background: The Section 8 Rental Assistance Program was enacted as part of the Housing and Community Development Act of 1974, which re -codified the U.S. Housing Act of 1937. The Act has been amended from time to time, most recently on October 21, 1998, with the passage of the Quality Housing and Work Responsibility Act (QHWRA.) The requirements of the Housing Act(s), as they apply to the Section 8 Tenant -Based Assistance Program and the Housing Choice Voucher Program, are described in and implemented through the Administrative Plan. Administration of the Section 8 Program and the functions and responsibilities of the Housing Department staff shall be in compliance with the Housing Department's Personnel Policy and the U.S. Department of Housing and Urban Development's (HUD) Section 8 Regulations as well as all Federal, State and local Fair Housing laws and regulations. The Housing Department will comply with any and all subsequent regulatory and statutory program changes. The Administrative Plan is set forth to define the Housing Department's local policies for operation of the housing programs in the context of Federal laws and regulations. All issues related to Section 8 not addressed in this document are governed by such Federal regulations, HUD memos, notices and guidelines or other applicable law. The revisions to the current Administrative Plan will update the policies in accordance with the most recent published QHWRA requirements. CHAPTER3 PAGE 3 - 10 CHAPTER 4 PAGES 4-26& 4-27 ADD LANGUAGE In addition to expanding the applicability of VAWA protections to many HUD programs besides the Section 8 and public housing programs, VAWA 2013 makes a number of other changes that will affect the VAWA regulations adopted by HUD in October 2010. (Please read Chapter 13 page 13-8 to 13-10) ADD LANGUAGE TEMPORARY PROVISIONS: Allow option to use participants' actual past income in verifying income. Projecting expected income and obtaining the additional documentation necessary to project income places an unnecessary burden on PHA staff time and resources when compared to the 1 Community Development Commission Housing Authority Of The City of National City Agenda Statement Addendum April 1, 2014 PAGES 4-26& 4-27 minimal annual change in tenant incomes. Further, projecting income can lead to PHA staff errors that result in improper rent determinations. This provision is intended to simplify the requirements associated with determining a participant's annual income (24 CFR 5.609(a)(2)). In determining annual income, PHAs may choose to use either actual past income or projected future income. Currently, annual income includes income that is anticipated to be received from a source outside the family during the 12-month period following the effective date of admission or annual reexamination. The PHAs have the option of determining annual income based on past actual income received or earned within the last 12 months. If a PHA operates both PH and HCV programs, this option is available for both of their programs. For the purpose of verifying income reported in HUD's Enterprise Income Verification (EIV) system, PHAs that choose to use actual past income must use the most recent 12 months of income information available in EIV. Because this EIV report will give actual earnings data verified by a third party, the program participant is no longer required to provide third party documentation (e.g., paystubs, payroll summary report, unemployment monetary benefit notice). If there has been a change in circumstances for a tenant, or a tenant disputes the EIV- reported income information and is unable to provide acceptable documentation to resolve the dispute, the PHA must request written third -party verification. For example, if a program participant lost his/her job, changed jobs, or reduced their hours in the months subsequent to the time period covered in EIV, the PHA must use, at the participant's request, the more recent income information verified by participant provided third -party documentation (e.g., paystubs, payroll summary report, unemployment monetary benefit notice) or through written third - party verification, which reflects the new or current work circumstance. PHAs must continue to verify income from sources not available in EIV. However, PHAs must use the same time period for both wage and non -wage income. For example, if a PHA uses EIV information from July 2011 to June 2012 for the purpose of verifying income from wages, the PHA must use the same time period for any non- 2 Community Development Commission Housing Authority Of The City of National City Agenda Statement Addendum April 1, 2014 wage income. CHAPTER 4 PAGE 4-36 ADD LANGUAGE ALLOW HOUSEHOLDS TO SELF -CERTIFY AS TO HAVING ASSETS OF LESS THAN $5,000. (24 CFR 5.609(b)(3), 982.516(a)(2)(ii), 960.259(c)) Tenants with assets below $5,000 typically generate minimal income from these assets which results in small changes to tenant rental payments. However, PHAs spend significant time verifying such assets which strains PHA budgets, and leads to increased staff errors. This provision is intended to simplify the requirements associated with determining a participant's annual income. Families with assets are required to report all assets annually. The amount of interest earned on those assets is included as income used to calculate the tenant's rent obligation. Currently, where the family has net family assets in excess of $5,000, annual income includes the greater of the actual income derived from all net family assets or a percentage of the value of such assets based on the current passbook savings rate. This allows a PHA to accept a family's declaration of the amount of assets of less than $5,000, and the amount of income expected to be received from those assets. The PHA's application and reexamination documentation, which is signed by all adult family members, can serve as the declaration. Where the family has net family assets equal to or less than $5,000, the PHAs does not need to request supporting documentation (e.g. bank statements) from the family to confirm the assets or the amount of income expected to be received from those assets. Where the family has net family assets in excess of $5,000, the PHA must obtain supporting documentation (e.g. bank statements) from the family to confirm the assets. Any assets will continue to be reported on HUD Form 50058. 3 Community Development Commission Housing Authority Of The City of National City Agenda Statement Addendum April 1, 2014 CHAPTER4 PAGE 4 - 41 ADD LANGUAGE ALLOW OPTIONAL STREAMLINED ANNUAL REEXAMINATIONS FOR ELDERLY FAMILIES AND DISABLED FAMILIES ON FIXED INCOMES. (24 CFR 982.516, 960.257) PHAs are statutorily required to verify income and calculate rent annually, including for elderly and disabled families on fixed incomes. The requirement to undertake the complete process for income verification and rent determination for families on fixed incomes is not necessary given the infrequency of changes to their incomes. Further, this requirement requires considerable staff time and PHA resources. This provision is intended to simplify the requirements associated with determining the annual income of participants on fixed incomes. PHAs may opt to conduct a streamlined reexamination of income for elderly families and disabled families when 100 percent of the family's income consists of fixed income. In a streamlined reexamination, PHAs will recalculate family incomes by applying any published cost of living adjustments to the previously verified income amount. For purposes of this notice, the term `fixed income' includes income from: 1. Social Security payments to include Supplemental Security Income (SSI) and Supplemental Security Disability Insurance (SSDI); 2. Federal, State, local, and private pension plans; and 3. Other periodic payments received from annuities, insurance policies, retirement funds, disability or death benefits, and other similar types of periodic receipts that are of substantially the same amounts from year to year. CHAPTER 5 ADD LANGUAGE Family members who do not get the voucher may reapply for the program, but they may only get a voucher by being selected off the waiting list (see 24 CFR 982.202, 982.203 and especially 982.204(a)). PAGE 5 - 3 4 Community Development Commission Housing Authority Of The City of National City Agenda Statement Addendum April 1, 2014 CHAPTER 8 PAGE 8 -14 ADD/REMOVE LANGUAGE: GUIDELINES ON NEW TENANT PROTECTIONS Foreclosure. In the case of any foreclosure, the immediate successor in interest in the property pursuant to the foreclosure shall assume such interest subject to the lease between the prior owner and the tenant and to the HAP contract between prior owner and the PHA for the occupied unit. This provision does not affect any State or Local law that provides longer time periods or other additional protections for tenants. The Act was originally set to expire on December 31, 2012, but the Dodd -Frank Wall Street Reform and Consumer Protection Act extended the expiration date to December 31, 2014 aw. Under the legislation, the immediate successor of interest (generally the purchaser) of a foreclosed property must provide all tenants with at least 90 days notice, prior to eviction because of foreclosure. Additionally, tenants must be permitted to stay in residence until the end of the lease, with two exceptions: 1. The property is sold after foreclosure to a purchaser who will occupy the property as a primary residence, or 2. There is no lease or the lease is terminable at will under state law. However, even if these exceptions apply, the tenant must be given at least 90 days notice prior to eviction. The rights of Section 8 tenants are also protected under the Act. CHAPTER 12 PAGE 12-3 ADD/REMOVE/REVISE LANGUAGE TO: The HACNC may, ' deny permission to move if the PHA does not have sufficient funding for continued assistance. The PHA must provide written notification to the local HUD offices upon determining it is necessary to deny moves to facai =s-portability-te a 5 Community Development Commission Housing Authority Of The City of National City Agenda Statement Addendum April 1, 2014 higher cost area. CHAPTER 13 ADD/REMOVE LANGUAGE TO: DOCUMENT OF DOMESTIC VIOLENCE, VIOLENCE, DATING, SEXUAL ASSAULT, OR STALKING, AND CONFIDENTIALITY PROCEDURES FOR DOCUMENTED VIOLATIONS PAGE 13 — 8 TO 13 - 10 13925). In addition to expanding the applicability of VAWA protections to many HUD programs besides the section 8 and public housing programs, VAWA 2013 makes a number of other changes that will affect the VAWA regulations adopted by HUD in October 2010, briefly: • It extends VAWA protections to victims of sexual assault as well as to victims of domestic violence, dating violence, and stalking, with sexual assault defined as "any nonconsensual sexual act proscribed by Federal, Tribal, or State law, including when the victim Tacks capacity to consent." • It replaces the term "immediate family member" with the term affiliated individual and defines the latter term to mean, "with respect to an individual — (A) a spouse, parent, brother, sister, or child of that individual, or an individual to whom that individual stands in loco parentis; or (B) any individual, tenant, or lawful occupant living in the household of that individual." (For the definition of immediate family member in the current HUD regulations, see 24 CFR 5.2003. For the context in which the term is used (see 24 CFR 5.2005 (c)(2).) • While it continues to provide the option of lease bifurcation 6 Community Development Commission Housing Authority Of The City of National City Agenda Statement Addendum April 1, 2014 as a tool for removing a perpetrator of violence, VAWA 2013 changes the description of the violence from "Criminal Acts of physical violence against family members or other" to "Criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking against an affiliated individual or other individual." Further, it requires that the tenant remaining after the bifurcation be given, if necessary, an opportunity to establish program eligibility and, if that fails, a reasonable time to find new housing or establish eligibility in another program. • VAWA 2013 slightly expands the list of acceptable forms of documentation of abuse to include a document signed by a mental health professional or the record of an administrative agency. • VAWA 2013 requires HUD, rather than a PHA or other housing provider, to develop a notice in multiple languages informing applicants and tenants of their rights under VAWA. It also specifies that the notice be provided upon denial or admission and with any notification of eviction or termination of assistance. • VAWA 2013 requires HUD to develop a model emergency transfer plan for use by PHAs and other housing providers. Further, it requires HUD to "establish policies and procedures under which victims of abuse requesting an emergency transfer may receive, subject to the availability of tenant protection vouchers, assistance through the tenant -based section 8 program." • Acceptable forms of documentation include the following (the regulatory citation in parentheses that follows each form of documentation, as applies to HUD's Public Housing and Section 8 programs, providers where this documentation is currently codified in HUD regulations.): • A certification form approved by HUD that states that an applicant or tenant is a victim of domestic violence, dating violence, or stalking, the incident of domestic violence. The incident of domestic violence, dating violence, sexual assault, or stalking that requires protection, and the name of the perpetrator (addressed 7 Community Development Commission Housing Authority Of The City of National City Agenda Statement Addendum April 1, 2014 in 24 CFR 5.2007 (B) (1) and the HUD approved forms are HUD-540066 and HUD-91066 8); • A document that is signed by the applicant or tenant and an employee, agent, or volunteer of a victim service provider, an attorney, or a medical professional, from whom the applicant or tenant has sought assistance relating to domestic violence, dating violence, or stalking, or the effects of abuse, in which the professional states, under penalty of perjury, that he or she believes that the abuse meets the requirements found in VAWA (addressed in 24 CFR 5.2007 (B)(3)); • VAWA did not require a PHA, owner, or manager of assisted housing to request this information (addressed in 24 CFR 5.2007(D)). In VAWA 2013, if a tenant or applicant does not provide this documentation after it is requested by the PHA, owner, or manager, then the PHA, owner, or manager may evict or terminate assistance of the tenant or a family member, for violations of the lease or family obligations that otherwise would constitute good cause to evict or grounds for termination (addressed in 24 CFR 5.2007(c). CHAPTER 14 PAGE 14 — 09 ADD LANGUAGE TO: DOCUMENT OF DOMESTIC VIOLENCE, VIOLENCE, DATING, SEXUAL ASSAULT, OR STALKING, AND CONFIDENTIALITY 24 CFR 5.2007(a)(c)(d)(e) Pre-VAWA 2013 requirements allowed a PHA, owner, or manager of assisted housing to request documentation that an applicant or tenant is a victim of domestic violence, dating violence, or stalking if the applicant or tenant seeks and requests the protections of VAWA. However, VAWA did not require a PHA, owner, or manager of assisted housing to request this information (addressed in 24 CFR 5.2007(d)). If a tenant or applicant does not provide this documentation after it is requested by the PHA, owner, or manager, then the PHA, owner, or manager may evict or terminate 8 Community Development Commission Housing Authority Of The City of National City Agenda Statement Addendum April 1, 2014 assistance of the tenant or a family member, for violations of the lease or family obligations that otherwise would constitute good cause to evict or grounds for termination (addressed in 24 CFR 5.2007(c)). Acceptable forms of documentation include the following (the regulatory citation in parentheses that follows each form of documentation, as applies to HUD's public housing and section 8 programs, provides where this documentation is currently codified in HUD regulations): • A certification form approved by HUD that states that an applicant or tenant is a victim of domestic violence, dating violence, or stalking, the incident of domestic violence, dating violence, sexual assault, or stalking that requires protection, and the name of the perpetrator (addressed in 24 CFR 5.2007(b)(1) and the HUD -approved forms are HUD-50066 and HUD-91066 8); • A document that is signed by the applicant or tenant and an employee, agent, or volunteer of a victim service provider, an attorney, or a medical professional, from whom the applicant or tenant has sought assistance relating to domestic violence, dating violence, or stalking, or the effects of abuse, in which the professional states, under penalty of perjury, that he or she believes that the abuse meets the requirements found in VAWA (addressed in 24 CFR .2007(b)(3)); « A Federal, State, tribal, territorial, or local police report or court record (addressed in 24 CFR 5.2007(b)(2)); or « A statement or other evidence provided by an applicant or tenant, at the discretion of the PHA, owner, or manager (addressed in 24 CFR 5.2007(d)). The applicant or tenant must provide the documentation within 14 business days after the date that the applicant or tenant receives a request in writing for such documentation, though the PHA, owner, or manager of assisted housing may extend the 14-day deadline at his or her discretion (addressed in 24 CFR 5.2007(a)). Confidentiality requirements. Pre-VAWA 2013 requirements mandated that any information submitted to a PHA, owner, or manager regarding domestic violence, dating violence, or stalking, including the fact that the individual is a victim of such abuse, be 9 Community Development Commission Housing Authority Of The City of National City Agenda Statement Addendum April 1, 2014 kept confidential and may not be entered into any shared database or disclosed to any other entity or individual, except to the extent that the disclosure is requested or consented to by the individual in writing, required for use in an eviction proceeding, or otherwise required by applicable law (addressed in 24 CFR 5.2007(b)(4)). If a PHA, manager, or owner receives documentation that contains conflicting information, the PHA, owner, or manager may require an applicant or tenant to submit third -party documentation (addressed in 24 CFR 5.2007(e)). GLOSSARY ADD/REMOVE LANGUAGE PAGE G-28 ADD LANGUAGE VAWA 2013 (Violence Against Women Reauthorization Act of 2013): The 2013 law expands the number of HUD programs subject to the statute's protections beyond HUD's public housing and section 8 tenant -based and project -based programs. This notice highlights the key changes made by this statute, lists the HUD programs now covered by this statute, provides an overview of key provisions applicable to HUD programs, and advises of HUD's plans to issue rules or guidance on this new law. This notice is not program guidance for any individual HUD program covered by the new law. HUD will issue guidance and/or rules, as may be applicable, for covered programs at a later date. This notice is issued to provide an overview of the Violence Against Women Reauthorization Act of 2013, and alert HUD's program participants to the provisions applicable to HUD programs. Staff recommends that the CDC, Housing Authority of the City of National City Section 8 Rental Assistance Program Board consider the adoption of the attached Resolution approving the revisions to the Section 8 Administrative Plan; and authorizing the submittal of the plan to the U.S. Department of Housing and Urban Development. 10 RESOLUTION NO. 2014 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY SECTION 8 RENTAL ASSISTANCE DIVISION APPROVING THE REVISIONS TO THE SECTION 8 ADMINISTRATIVE PLAN, AND AUTHORIZING SUBMITTAL OF THE PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, on October 21, 1998, the U.S. Congress enacted Public Law 105- 276, known as the Quality Housing and Work Responsibility Act (QHWRA) notifying housing authorities to adopt and amend an Administrative Plan, including local policies for admissions and continued participation in accordance with the new HUD requirements; and WHEREAS, the Community Development Commission -Housing Authority of the City of National City Section 8 Rental Assistance Division's Section 8 staff has developed, revised, and reviewed said Administrative Plan for any significant amendments or modifications, and posted the Administrative Plan with the changes on the National City's website, and made available at the City Clerk's Office, National City Public Library, and Section 8 Office. NOW THEREFORE BE IT RESOLVED that the Community Development Commission -Housing Authority of the City of National City hereby approves the revision of the Section 8 Administrative Plan, as set forth in that document dated April 1, 2014, and authorizes the submittal of said Plan to the U.S. Department of Housing and Urban Development. Said Plan is on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of April, 2014. Ron Morrison, Chairman ATTEST: Leslie Deese, Secretary APPROVED AS TO FORM: Claudia G. Silva General Counsel