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Agenda Packet Document 122 (4)
AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY CALIFORNIA NATIONAL CITY VRINCORPORATED RON MORRISON Mayor ALBERT MENDIVIL Vice Mayor JERRY CANO Council»iember MONA RIOS Councilniember ALEJANDRA SOTELO-SOLIS Councilnaeniber 1243 National City Blvd. National City 619-336-4240 Meeting agendas and minutes available on web WWW.NATIONALCITYCA. GOV COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, JANUARY 16, 2018 - 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. CONSENT CALENDAR: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of 1 of 233 CC/CDC-HA Agenda 1/16/2018 — Page 2 the agenda and separately considered upon request of a Councilmember, a staff member, or a member of the public. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during 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. Spanish to English interpretation services are available to members of the public who wish to speak to the City Council during the meeting. "Request to Speak" forms requesting interpretation must be filed within the first two hours of the meeting. Espanol a los servicios de interpretacion Ingles de audio esta disponibles para los miembros del publico que desean hablar con el Ayuntamiento durante del Consejo Municipal. "Solicitud para hablar de" formas solicitud de interpretacion deben ser presentadas dentro de las dos primeras horas del Consejo Municipal. COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY COUNCIL MEETINGS. 2 of 233 CC/CDC-HA Agenda 1/16/2018 — Page 3 OPEN TO THE PUBLIC A. CITY COUNCIL CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS AWARDS AND RECOGNITIONS PRESENTATIONS INTERVIEWS / APPOINTMENTS 1. Interviews and Appointments: Various (City Clerk) CONSENT CALENDAR 2. Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances considered at this meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 3. Approval of the Minutes of the Regular Meetings of the City Council and Community Development Commission - Housing Authority of the City of National City of August 15, 2017, September 5, 2017, and September 19, 2017 and Special Meeting of the City Council of the City of National City of September 19, 2017. (City Clerk) 4. Resolution of the City Council of the City of National City accepting and authorizing the Mayor to sign an Encroachment Permit Agreement with KD 31 ST, LLC, to construct five bio-filtration planters within public right-of- way for the future Mariners Landing Apartment Building located on East 31st Street (APN 562-252-09 thru 562-252-12). (Engineering/Public Works) 5. Warrant Register #21 for the period of 11/15/17 through 11/21/17 in the amount of $1,895,364.90. (Finance) 3 of 233 CC/CDC-HA Agenda 1/16/2018 — Page 4 6. Warrant Register #22 for the period of 11/22/17 through 11/28/17 in the amount of $317,125.23. (Finance) 7. Warrant Register #23 for the period of 11/29/17 through 12/05/17 in the amount of $4,226,710.79. (Finance) 8. Temporary Use Permit Circus Vargas event sponsored by Circus Vargas from February 8, 2018 to February 19, 2018 at the Westfield Plaza Bonita Mall with no waiver of fees. (Neighborhood Services) PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS NON CONSENT RESOLUTIONS 9. Resolution of the City Council of the City of National City authorizing the City Manager to execute a real property Purchase and Sale Agreement and Joint Escrow Instructions for the sale of property located at 130 East 8th Street in National City to Protea National City, LLC. (Housing & Economic Development) 10. Resolution of the City Council of the City of National City approving and authorizing the issuance of a written report pertaining to a moratorium ordinance prohibiting the issuance of massage technician permits or licenses for a period of 10 months and 15 days, and prohibiting new massage establishments from locating within National City for a period of 10 months and 15 days. (City Attorney) 11. Resolution of the City Council of the City of National City amending City Council Policy # 802, "City Support for Special Events, Activities, Programs and Services," 1) adding the requirement that documentation be provided for allowable incurred expenses related to a special event, program, service, or activity receiving funding support from the City; 2) adding clarifying language regarding deposits remitted in relation to special events of a commercial nature; 3) adding three organizations to National City Co -Sponsored Events; 4) removing National City Public Safety Fair from Sponsored Events; and 5) correcting typographical errors. (Finance) NEW BUSINESS 12. Scheduling of City Council workshops related to the discussion and preparation of the City of National City's annual budget for Fiscal Year 2019. (Finance) B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY CONSENT RESOLUTIONS - HOUSING AUTHORITY 4 of 233 CC/CDC-HA Agenda 1/16/2018 — Page 5 PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY NON CONSENT RESOLUTIONS - HOUSING AUTHORITY NEW BUSINESS - HOUSING AUTHORITY C. REPORTS STAFF REPORTS MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - February 6, 2018 - 6:00 p.m. - Council Chambers - National City, California. 5 of 233 CC/CDC-HA Agenda 1/16/2018 — Page 6 The following page(s) contain the backup material for Agenda Item: Interviews and Appointments: Various (City Clerk) 6 of 233 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 16, 2018 AGENDA ITEM NO. ITEM TITLE: Interviews and Appointments: Various (City Clerk) PREPARED BY: Michael R. Dalla PHONE: 619-336-4226' EXPLANATION: See attached DEPARTMENT: City Clerk APPROVED BY: A FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Interview and appoint as desired. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Explanation Applications / OT Zdd BOARDS & COMMISSIONS — CURRENT VACANCIES AND EXPIRED TERMS January 16, 2018 COMMUNITY AND POLICE RELATIONS COMMISSION - CPRC (Appointing Authority: Mayor subject to confirmation by City Council) There is one unexpired term on the CPRC. There are two (2) new applicants (Rogelio Espinoza and Zachary Francisco Gomez). Name Interviewed Rogelio Espinoza No Zachary Francisco Gomez No PARKS, RECREATION & SENIOR CITIZENS ADVISORY BOARD (PRSCAB) (Appointing Authority: Mayor subject to confirmation by City Council) There is one (1) vacancy (Grier) and one expired term (Rodriguez) expired on the PRSCAB. Jose Rodriguez has expressed a desire to not be re -appointed. There are two (2) new applicants (Espinoza and Gomez). Name Interviewed Rogelio Espinoza No Zachary Francisco Gomez No PUBLIC ART COMMITTEE (Appointing Authority: Mayor subject to confirmation by City Council) There is one expired term (Claudia Torres) on the Public Art Committee. There are no new applicants. TRAFFIC SAFETY COMMITTEE (Appointing Authority: Mayor subject to confirmation by City Council) There is one (1) vacancy (Barajas) on the Traffic Safety Committee and one (1) new applicant (Zachary Francisco Gomez). Name Interviewed Zachary Francisco Gomez No VETERANS AND MILITARY FAMILIES ADVISORY COMMITTEE (Appointing Authority: Mayor subject to confirmation by City Council) There are four (4) unfilled positions on the Veterans and Military Families Advisory Committee. There are six (6) applicants. Name Interviewed Jesse Miguel Aguilar -Perez No Bert Andrade Yes Harold Aranda Yes Victor Barajas Yes Mike Judd Yes Vilavanh Sanginthirath Yes 8 of 233 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES X Community & Police Relations Commission* (CPRC) Library Board of Trustees X Parks, Recreation & Senior Citizens Advisory Board Veterans & Military Families Advisory Committee* X Civil Service Committee Planning Commission Public Art Committee* Traffic Safety Committee Applicants must be residents of the City of National City except for those marked by an * and all applicants must be U.S. Citizens. Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: Rogelio Espinoza E-Mail: Rogelio.Espinozajr@gmail.com Home Address: 1005 Paradise Drive National City, CA 91950 Tel. No.: (619) 788 - 7899 Business Affiliation: Business Address: Title: Tel. No.: Length of Residence in National City: 4 Years San Diego County: 27 Years California: 27 Years Educational Background: B.A International Security & Conflict Resolution - San Diego State University Occupational Experience: 4+ years in social services and nonprofit programs Professional or Technical Organization Memberships: Civic or Community Experience, Membership, or Previous Public Service Appointments: Board Member - Wesley Student House Resident National President - Nu Alpha Kappa Fraternity, inc. Experience or Special Knowledge Pertaining to Area of Interest: I have experience in collaborating and working with various organizations and non profits to provide services to county residents. In addition, my experience as an executive board member and leadership positions have provide me the experience in dealing and finding solutions to complex issues that affect members of the community _ Have you ever been convicted of a felony crime? No: X Yes: misdemeanor crime? No: X Yes:_ If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: t0 J 2 2I 1 4 Signature: Please feel free to provide additional information or lett s endorsement. Return completed form to: Office of the City Clerk, 1243 National City Blvd., National City, CA 91950 Thank you for your interest in serving the City of National City. 1 This documents is filed as a public document Revised: March 2017 9 of 233 Supplemental Application: National City Community and Police Relations Commission The National City Community and Police Relations Commission serves as an independent, unbiased and impartial office that is readily available to the public. It is an organization for the improvement of police and community relations and the facilitation of disputes whenever possible. It provides a forum for citizens to voice their concerns, comment about police conduct, practices and policies and improves communication between citizens and the National City Police Department The National City Community and Police Relations Commission is empowered to receive and review complaints regarding National City Police Department Personnel for alleged misconduct, and to recommend appropriate changes of Police Department policies and procedures toward thegoals of safeguarding the rights of persons and promoting higher standards of competency, efficiency and justice in the provision of community policing services. Applicants must be completely forthright and truthful during the application process. Applicants may be disqualified in the background process as a result of dishonesty and/or purposely omitting information regarding one's criminal history. Given the complexity of this Commission and its duties, it is necessary to pass a criminal background check prior to appointment by City Council and/or swearing in as Commissioner. The Human Resources department will contact you to schedule the criminal background process when, and if appropriate. It is important to note that you fill out this application completely and honestly to the best of your abilities. Failure to disclose your criminal history may result in disqualification. If a conviction has been expunged disclosure is not required. Have you ever been convicted of a felony crime: No: X Yes: — Have you been convicted of a misdemeanor: No: X Yes: — If any convictions were expunged disclosure is not required. Please feel free to provide an explanation or information regarding yes answers to the above two questions. There may be circumstances that could disqualify an applicant from the background process beyond the listed crimes below. Each incident is evaluated in terms of the circumstances and facts surrounding its occurrence and its degree of relevance to the position. Disqualifying criteria for Community and Police Relations Commissioner: ** See attached table 2 10 of 233 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES JC Community & Police Relations Commission* (CPRC) Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board Veterans & Military Families Advisory Committee* )! Civil Service Committee )( Planning Commission _ Public Art Committee* X( Traffic Safety Committee ➢ Applicants must be residents of the City of National City except for those marked by an * and all applicants must be U.S. Citizens. ➢ Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: 7atl t` frv1fiS(,O� - E-Mail:yrr �� tt_�� L jS /� rr�� [� ,J Home Address: " 2- G ,&vft ) C�)lA -t[cl5o Tel. No.: 41q)ctai-95(2 Business Affiliation: CIC}Ve 10+-64 ($OtL(')L3)] Title: -Pre -oir o4 V61191 - (-,aVPCc Business Address: (00015 "1 5A44P '91Z401 IA-5. Tel. No.: (6(9) 21S`43'2. Length of Residence in National City: g V A}rS, San Diego County: 3 California: 2.3 y, Educational Background: 11* S d V6)0MA.. Glkyredt furruia{ in r KSi✓1 / 5 rig Al e V Ail f I" Occupational Experience: KFC (ft %i) tri.nz,240-11.4 ll� sec, dips mad,,VIj,(2Qj('.2013�, ,_4a friAs ii, ply 0al3ZD1 ,for q Iz �:r.,/ Pr��b ?b -' ),, (1en y r%� (M�fllfi1 '..—, Iy7d1�!��sr Professional or Technical Organization Membership . ,r,��dgi..,.,,,-:'�:,.._�_,, f, ,+- — `��t►' ��' eat-lje ,��'d -eloteZ TA Zpol rAi--) '� Civic or Community Experience, Membership, or Previous Public Service Appointments: 1);, or ac'O►clrekG A f,r; � f Ioti (,14 G ( * Art &44h1.691trhtCC. �� ectex1 Experience or Special Knowledge Pertaining to Area of Interest: f}f01 in (lf►/Ci 1 /Yicet�iac�S• I2 NY� l/�ii •� I :r �J Si 9, i�i /c. -T,.i Xdrnizr Aluini. a /aa ,��t� ��!.� �r Anni ta'T Have you ever been convicted of a felony crime? No:._ Yes:misdemeanor crime? Nop( Yes:_ If any convictions were expunged disclosure is not required. Convictions are not necessarily Evto+ disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. f3A it Potptieni 'iMP Date %x C3,2 '7 Signature: Please feel free to provide additional inforn tion'or letters of endorsement. Return completed form to: Office of the City Clerk, 1243 National City Blvd., National City, CA 91950 Thank you for your interest in serving the City of National City. This documents is filed as a public document Revised: March 2017 3 11 of 233 Supplemental Application: National City Community and Police Relations Commission The National City Community and Police Relations Commission serves as an independent, unbiased and impartial office that is readily available to the public. It is an organization for the improvement of police and community relations and the facilitation of disputes whenever possible. It provides a forum for citizens to voice their concerns, comment about police conduct, practices and policies and improves communication between citizens and the National City Police Department The National City Community and Police Relations Commission is empowered to receive and review complaints regarding National City Police Department Personnel for alleged misconduct, and to recommend appropriate changes of Police Department policies and procedures toward the goals of safeguarding the rights of persons and promoting higher standards of competency, efficiency and justice in the provision of community policing services. Applicants must be completely forthright and truthful during the application process. Applicants may be disqualified in the background process as a result of dishonesty and/or purposely omitting information regarding one's criminal history. Given the complexity of this Commission and its duties, it is necessary to pass a criminal background check prior to appointment by City Council and/or swearing in as Commissioner. The Human Resources department will contact you to schedule the criminal background process when, and if appropriate. It is important to note that you fill out this application completely and honestly to the best of your abilities. Failure to disclose your criminal history may result in disqualification. If a conviction has been expunged disclosure is not required. Have you ever been convicted of a felony crime: No: ? Yes: Have you been convicted of a misdemeanor: No: lC _ Yes: If any convictions were expunged disclosure is not required. Please feel free to provide an explanation or information regarding yes answers to the above two questions. There may be circumstances that could disqualify an applicant from the background process beyond the listed crimes below. Each incident is evaluated in terms of the circumstances and facts surrounding its occurrence and its degree of relevance to the position. Disqualifying criteria for Community and Police Relations Commissioner: ** See attached table rn --� = n rn w -ern ern C7 tit c-� W 4 12 of 233 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Community & Police Relations Commission* (CPRC) — Civil Service Committee Library Board of Trustees — Planning Commission _ Parks, Recreation & Senior Citizens Advisory Board ^ Public Art Committee* X Veterans & Military Families Advisory Committee* _ Traffic Safety Committee Note: Applicants must be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: Se-5S 1e3 ye 1 u,1ar-�.efe E-Mail: J 3 v rt/c1 Yre-✓� Z.Home Address: 122 y Farle D��`✓eaPuilor/, C� 4/?sarel. No.: 6//)21/5--7-737 Business Affiliation: Title: Business Address: Tel. No.: Length of Residence in National City: 'L i3y,S San Diego County: 30yrs California: 3 °yrs r �+ /j Educational Background: /�S � 06,01 �eS �` � S�ctr� I ..?G i'C vtL � � v'�c�-,'o v7 SD'tY � , Avi`o►1t'L.5 Occupational Experience: t 1 e C-1-1' c"I v_pwwm 4 I2e A,`✓cyd, o f ii !�4rcv1 EIGCTY,G4v►; ,4-v ov►:C.S Professionalf1or Technical Organization Memberships: Av+aL✓�y Ci c5 'O v, Pas+ 0 2 �� fcd ov At A/eye `CZYS (Jv i'o✓i Civic or Community Experience, Membership, or Previous Public Service Appointments: Experience or Special Knowledge Pertaining to Area of Interest: f pS (5,Have you ever been convicted of a felony crime? No:( Yes:_ misdemeanocrime? No:Yes: If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions, A Date: II / -b) 1 `I 1� 8Uat ' l!.r,! ._`ai i I:n Please feel free to provElt 41ditnOl jtti ' n etters of endorsement. Please return completed form to: Office of! 3jt g4qk 1243 NattnALIg a3lvd., National City, CA 91950 Thank you for your interest in serving the City of National City. 5This documents is filed as a public document 13 of 233 Revised: February 2017 BOARDS, COMMISSIONS & COMMITTEES Meeting Times and Locations CIVIL SERVICE COMMISSION Second Thursday of every other month 5:30 p.m. — City Hall Large Conference Room COMMUNITY AND POLICE RELATIONS COMMISSION Third Thursday of February, May, August & November 6:00 p.m. — City Council Chambers LIBRARY BOARD OF TRUSTEES Second Wednesday of every month 4:30 p.m. — National City Public Library PARKS, RECREATION & SENIOR CITIZENS ADVISORY BOARD Third Thursday of every month 4:00 p.m — City Hall Large Conference Room PLANNING COMMISSION First and Third Monday of every month 6:00 p.m. — City Council Chambers PUBLIC ART COMMITTEE Fourth Tuesday of January, April, July, October 3:00 p.m. — City Hall Large Conference Room TRAFFIC SAFETY COMMITTEE Second Wednesday of every month 2:00 p.m. — City Hall Large Conference Room VETERANS & MILITARY FAMILIES ADVISORY COMMITTEE Quarterly Dates, time and location to be determined -4 c 6 14 of 233 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMM 1TTEES Community & Police Relations Commission* (CPRC) Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board . Veterans & Military Families Advisory Committee* Civil Service Committee _ Planning Commission Public Art Committee* Traffic Safety Committee Applicants must be residents of the City of National City except for those marked by an * and all applicants must be U.S. Citizens. ➢ Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: Rob/K IL d%2 A ds Home Address: , f c (.I' ') rL 1 A 1v v pc.oap- Business Affiliation: ; ; � � k rz r <: a r� C �r _* / <7 Title: / .•L. /_- E-Mail: Tel. No.:6/ - 7Z3 2517 Business Address: Tel. No.: Length of Residence in National City: V(' y,t) San Diego County: ' ,.,, r, Educational Background: /7 to . i3,j Sir,,,ss /1-K: iv../ California: t. (/ Occupational Experience: / �� 5. /` Z 6 yis .. -' : 5' D. S c 4C0 �' ',( S:4r/- 5 Yi25 Professional or Technical Organization Memberships: Civic or Community Experience, Membership, or Previous Public Service Appointments: Experience or Special Knowledge Pertaining to Area of Interest: iv a%'. 1 C.k�jf,1• i([ --' I :2sa �.c,. 5S'J Have you ever been convicted of a felony crime? No:.L, Yes:_ misdemeanor crime? No:A Yes:_ If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: - ? Signature: Please feel free to provide additional information or letters of endorsement. Return completed form to: Office of the City Clerk, 1243 National City Blvd., National City, CA 91950 Thank you for your interest in serving the City of National City. 7 This documents is filed as a public document 15 of 233 Revised: March 2017 BOARDS, COMMISSIONS & COMMITTEES Meeting Times and Locations CIVIL SERVICE COMMISSION Second Thursday of every other month 5:30 p.m. — City Hall Large Conference Room COMMUNITY AND POLICE RELATIONS COMMISSION Third Thursday of February, May, August & November 6:00 p.m. — City Council Chambers LIBRARY BOARD OF TRUSTEES Second Wednesday of every month 4:30 p.m. — National City Public Library PARKS, RECREATION & SENIOR CITIZENS ADVISORY BOARD Third Thursday of every month 4:00 p.m — City Hall Large Conference Room PLANNING COMMISSION First and Third Monday of every month 6:00 p.m. — City Council Chambers PUBLIC ART COMMITTEE Fourth Tuesday of January, April, July, October 3:00 p.m. — City Hall Large Conference Room TRAFFIC SAFETY COMMITTEE Second Wednesday of every month 2:00 p.m. — City Hall Large Conference Room VETERANS & MILITARY FAMILIES ADVISORY COMMITTEE Quarterly Dates, time and location to be determined 8 16 of 233 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Community & Police Relations Commission* (CPRC) Library Board of Trustees _ Parks, Recreation & Senior Citizens Advisory Board ,X Veterans & Military Families Advisory Committee* Civil Service Committee Planning Commission Public Art Committee* Traffic Safety Committee ➢ Applicants must be residents of the City of National City except for those marked by an * and all applicants must be U.S. Citizens. ➢ Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: Aia,th Arp,c)f4_ E-Mail: 7c70l•- -?/4y-pse Home Address: / 3 5 /. P�/� el 71-ell l) Tel. No.:Zr/f y r%`2 Business Affiliation: ✓uv N6;1-- Title: Business Address: sU 7kQ Tel. No.: Length of Residence in National City: 25 yr: San Diego County: 7Ls —1s California: 7S Educational Background: /kJX S i -r -L 6',Ctri i 3z rf° es D Aye Occupational Experience: go/it b er k2 CJ J U (rJ 5› r ,2CV✓t 14n 15 : ni ; l.1 n c 4.- Professional or Technical Organization Memberships: �v c'T /� Aar'a c y) . `� 5v r Civic or Community Experience, Membership, or Previous Public Service Appointments: (Ian for% -c r/7 -1`� -; t 4Ne) ` Sec —Try Experience or Special Knowledge Pertaining to Area of Interest: Have you ever been convicted of a felony crime? o Yes:misdemeanor crime? No:_ Yes:_ If any convictions were expunged disclosure not required. Convictions are not necessarily disqualifying. Please fee! free to provide an explanation or information regarding yes answers to the above two questions. Date://7 /7 /r I Signature: a i W ( ��i�C�'�- Please feel free to provide additional information or letters of endorsement. Return completed form to: Office of the City Clerk, 1243 National City Blvd., National City, CA 91950 Thank you for your interest in serving the City of National City. 9 This documents is filed as a public document 17 of 233 Revised: March 2017 BOARDS, COMMISSIONS & COMMITTEES Meeting Times and Locations CIVIL SERVICE COMMISSION Second Thursday of every other month 5:30 p.m. — City Hall Large Conference Room COMMUNITY AND POLICE RELATIONS COMMISSION Third Thursday of February, May, August & November 6:00 p.m. — City Council Chambers LIBRARY BOARD OF TRUSTEES Second Wednesday of every month 4:30 p.m. — National City Public Library PARKS, RECREATION & SENIOR CITIZENS ADVISORY BOARD Third Thursday of every month 4:00 p.m — City Hall Large Conference Room Cr a 0 co ti PLANNING COMMISSION First and Third Monday of every month 6:00 p.m. — City Council Chambers PUBLIC ART COMMITTEE Fourth Tuesday of January, April, July, October 3:00 p.m. — City Hall Large Conference Room TRAFFIC SAFETY COMMITTEE >- Second Wednesday of every month 2:00 p.m. — City Hall Large Conference Room C.7 _.] rti 1( TERANS & MILITARY FAMILIES ADVISORY COMMITTEE Quarterly Dates, time and location to be determined LL CD F-- U 10 18 of 233 CITY OF NATIONAL + IT\' APPLICATION FORAPPOINTNIENT TO CITY BOARDS., COMMISSIONS, AND COMMITTEES ,�. Community &Police RelationsCommission* (CPlkC Civii1 Service Comrnii ee Library. Beard of Trustees Planning Commission Parks, Recreation & Senior Citizens Advisory Board Public Art Committee* ,• Veterans .. Military Families Advisory Committee* Traffic Safety Committee Note: Applicants must be residents of the City of National City except for those marked by an * Applicants for the -Community and .Police Relations Commission must pass a criminal jbackground check priorto appointment. Name: �1 Occ �` • r�. 5 E-Mail: V�c v�-�' - . s �+ 1„ � �t Home Address: 61'4b\.', . 1£.- Tel Iris.; 614•- 73C�- Business Affiliation': Title: Business • Address: — Tel. No.: Length of Residence in National City: IC> y(( • San Diego County: _? California: /4 )tY5 . Educational Background: `':c W,r- c .i x _. vn Ws e k ,,..A_ �cN i�t`a S�r�cc,� Lin. �a oati+. Ca, rr e (SN12-� Occupational Experience: t'3\Q.okoNt* , CrBr-\ • fluke,,,-, Professional or Technical Organization Memberships: 5 • ' J>>Qgc u ,r '$we. �c e� � ► e v4.9tew' 5.� c ._ Cacxy, ! r ve. (eSe Civic or Community Experience, Membership, or Previous Public Service Appointments:. [At\kU!� \tom �e;1cl, ac*c�a�.vnidcti ;� s �‘1'E P,C. . Experience or Special Knowledge Pertaining to Area of Interest: Have you ever been convicted of a felony crime? No:K, Yes: misdemeanor crime? No:,Yes:,, If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feet free to provide an explanation or information regarding yes answers to the above two questions. Date; S(i ) li Signature: /z"..ipti Please feel free to provide additional information or letters of endors: ent P Please return completed form to: Office of the City Clerk 6 1243 National City Blvd., National City, CA • $Q Thank you for your interest in serving the City of National Cite 11• This documents is flied as a public document 19 of 233 Revised: February 2b17 BOARDS, COMMISSIONS & COMMITTEES Meeting Times and Locations Ctt CC 14.4,1 E CIVIL SERVICE COMMISSION Second Thursday of every other month 5:30 p.m. - City Hall Large Conference Rbom COMMUNITY AND POLICE RELAtIOMS COMMISSION Third Thursday of February, May, August & November 6:00 p.m. - City Council Chambers LIBRARY BOARD OF TRUSTEES Second Wednesday of every month 4:30 p.m. - National City Public Library PARKS, RECREATION & SENIOR CITIZENS ADVISORY BOARD Third Thursday of every month 4:00 p.m - City Hall Large Conference Room Nil NOV -9 p L: 29 PLANNING COMMISSION First and Third Monday of every month 6:00 p.m. - City Council Chambers PUBLIC ART COMMITTEE Fourth Tuesday of January, April, July, October 3:D0 p.m. - City Hall Large Conference Room TRAFFIC SAFETY COMMITTEE Second Wednesday of every month 2:00 p.m. - City Hall Large Conference Room TERMS & MILITARY FAMILIES ADVISORY COi►liMITTEE Quarterly Dates, time and location to be determined 4- 12 20 of 233 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Community & Police Relations Commission* (CPRC) CM Service Committee Library Board of Trustees Planning Commission Parks, Recreation & Senior Citizens Advisory Board Public Art Committee* X Veterans & Military Families Advisory Committee* ,Traffic Safety Committee Note: Applicants must be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: Mike Judd E-Mail: Mike.Juddp,vvsd.net Home Address: 625 N. Cuyamaca. St, l;l Cajon, CA 92020 Tel. No,: 6195699971 Business Affiliation: Veterans Village of San Diego Title: SSVF Program Supervisor Business Address: 4141 Pacific Highway, San Diego, CA 92110 Tel. No.: 6199612165, ext. 4697 Length of Residence in National City: 0 San Diego County: 29 Years California: 29 years Educational Background: BS in Psychology Mending) Occupational Experience: US Army: 5 years, California National Guard: 4.5 Years, Veterans Village of San Diego: 8.5 years Professional or Technical Organization Memberships: Veterans and Family Forum (Current) Civic or Community Experience, Membership, or Previous Public Service Appointments: Chair of Veteran Transition Workgroup for San Diego Veterans Coalition (2010) Experience or Special Knowledge Pertaining to Area of Interest: Last $.5s years with VVSD working with the VA, DOD Police Departments, Community Partners, and San Diego Mayor's office as well as Reps from Duncan Hunter and Scott Petters office —All for Veteran or Military issues Have you ever been convicted of a Felony crime? No Misdemeanor crime? No If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: n Diftii Signature: Please feel free to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk 13 �� 21 of 233 City Blvd., National City, CA 91950 Mike ©alla From: Sent To: Subject: Attachments: Esther Clemente Thursday, April 20, 2017 11:51 AM Mike Della FW: Veterans and Military Families Advisory Committee Application VMFAC Application - MJudd.pdf From: Mike Judd [mailto:mike,judd@vvsd.net3 Sent: Thursday, April 20, 201711.08 AM To: Clerk <Cierk@natlonalcityca.gov> Subject: Veterans and Military Families Advisory Committee Application Good Morning, Mr. Dallas My name is Mike Judd and I've been a San Diego County Resident for the majority of my life. 1 caught wind of the City Manager's suggestion to begin an advisory committee for the City Council of National City that would discuss and handle Veteran and Military issues. I'm interested in taking part in this advisory committee as not only a combat veteran myself, but also as a provider of Veteran services in San Diego County. I've spent the last 8.5 years working at Veterans Village of San Diego with veterans of all eras by providing peer support, resources and referrals, and am now a Program Supervisor for a multimillion dollar grant that provides financial assistance to homeless veterans. As you are probably aware, Veterans Village of San Diego has been around for over 30 years and while it still maintains a heavy focus on in -patient treatment for substance abuse and mental health, it also maintains three rapid rehousing grant's providing almost $1.5 million annually in temporary financial assistance to homeless veterans.l began my work at VVSD and spent 4 years doing so, working solely with Iraq and Afghanistan veterans who were having trouble returning to civilian life after their time at war. 1 took part in the creation and growth of the very first veteran specific helpline, Courage to Call, which is now run by 2-1-1. 1've worked with and have been a part of the San Diego Veterans Coalition and sit on the advisory board for Veterans and Family Forum (VetFam) and would love to provide my knowledge and experience to the National City attempt at tackling Veteran and Military issues. Thank you for your consideration. If you have any questions, comments, or concerns, can be reach at the contact information below, Mike Judd Program Supervisor Supportive Services for Veteran Families (SSVF) — Priority 1 Veterans Village onan Diego Cellphone: 619.5 69.9971 Office: 619.961.2165 Ext: 4697 Fax; 619.961,2167 www.vvsd.net 14 22 of 233 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES _ Community & Police Relations Commission* (CPRC) Library Board of Trustees arks, Recreation & Senior Citizens Advisory Board Veterans & Military Families Advisory Committee* Civil Service Committee Planning Commission Public Art Committee* Traffic Safety Committee ➢ Applicants must be residents of the City of National City except for those marked by an * and all applicants must be U.S. Citizens. Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. 15 Name: VILAVANH SANGINTHIRATH E-Mail: VILAVANHLIVE.COM Home Address: 1013 E 18TH STREET NATIONAL CITY, CA 91950 Tel. No.: (8581 568-2326 Business Affiliation: SAN DIEGO INNOVATIONS & POWERHOUSE BUSINESS SOUTIONS Title: FOUNDER & CEO Business Address: 9285 DOWDY DR. SUITE 205. SAN DIEGO, CA 92131 Tel. No.: (619) 434-2860 Length of Residence in National City: 32 YEARS San Diego County: 32 YEARS California: 32 YEARS Educational Background. SAN DIEGO STATE UNIVERSITY, BUSINESS MANAGEMENT WITH AN EMPHASISS IN MARKETING. SAN DIEGO MESA COLLEGE, ASSOCIATES IN BUSINESS ADMINISTRATEION. SAN DIEGO STATE UNIVERSITY, CERTIFICATE OF MANAGEMENT & LEADERSHIP Occupational Experience: PLEASE SEE ATTACHMENT FOR OVERVIEW OF PROFESSIONAL EXPERIENCE Professional or Technical Organization Memberships: MEMBER OF ASIAN BUSINESS ASSOCIATION. MEMBER OF CALIFORNIA DIVERSITY COUNCIL. MEMBER OF SAN DIEGO NON-PROFIT ASSOCIATION. SPEAKER AT MANY HIGH PROFILED CONFERENCES,_ EVENTS, AND YOUTH EMPOWERMENT OPPORTUNITITES. Civic or Community Experience, Membership, or Previous Public Service Appointments: BOARD OF DIRECTOR, GIRLS IN TECH SAN DIEGO. BOARD OF DIRECTORS BREAK THE SILIENCE AGAINST DOMESTIC VOILENCE. BOARD ADVISOR, GERSON 1NSTUTUTE. EXECUTIVE TEAM MEMBER, MAINSTREET ALLIANCE SAN DIEGO. Experience or Special Knowledge Pertaining to Area of Interest: I HAVE MANY FAMILY MEMBERS AND CLOSE FRIENDS IN THE MILITARY, 1 UNDERSTAND THE COMPLEXITIES AND STRUGGLES OF LIVING THE MILITARY LIFESTYLE THAN MOST CIVILIANS. THE GREATEST PART IS THROUGH MY PROFESSIONAL BACKGROUND AND EXPERIENCES OF BEING AN ENTREPRENEUR AND WORKING W' " ". BUSINESSES, I'VE BEEN FORTUNATE 23 of 233 - ENOUGH TO HELPED OVER 5 MILITARY INDIVIDUALS TRANSITIONING OUT OF THE FORCE TO START THEIR BUSINESS AND BUILD A GREAT FUTURE FOR THEIR FAMILIES. I'M CURRENTLY WORKING ON MY NEWEST INNITIATIVE CALLED SAN DIEGO INNOVATIONS, AND ONE OF THE FOCUS IS WORKING WITH THE WORKFORCE PARTNERSHIP TO PROVIDE A PIPELINE FOR MILITARY PERSONNELS THROUGHOUT SAN DIEGO. I'M IN DISCUSSIONS WITH COUNTY OF SUPERIOR COURT AND SECOND CHANCE TO PROVIDING A PROGRAM FOR MILITARY VETERANS TO GETTING THE MENTAL HEALTH, AND TRAINING NEEDED TO GET BACK ON THEIR FEET. FROM A PERSONAL STANDPOINT, I CAN SYMPATHIZE WITH THE STRUGGLES AND HEARTBREAK THAT COME WITH LOSING A LOVED SOLIDER AT WAR WITH THE LOSS OF MY COUSIN AND A COUPLE CLOSE FRIENDS, I'M A SINGLE MOTHER AND I'VE ALSO HELPED OVER 20 MILITARY PARENTS (SINGLE OR NOT) BY PROVIDING THEM RESOURCES AND OUTLETS THROUGH MY BLOG MEET UP GROUPS, AND NETWORK OPPORTUNITITES TO GET THE SUPPORT NEEDED. I STARTED A SOCIAL GROUP CALLED MEMOIRS OF SINGLE PARENTS IN 2013, OVER 100 PARENTS IN THE GROUP ARE MILITARY MEMBERS AND HAVE REACHED OUT TO ME FROM ALL AREAS IN THE NATION TO THANK ME FOR MY SUPPORT AND AN AREA TO LET OUT THE PAIN AND STRUGGLES AS A PARENT. IN 2005, I MOVED TO GERMANY FOR ONE YEAR TO BE A COUNSELOR FOR MILITARY CHILDREN WHERE I STAYED ON THE ARMY BASE AND HELPED•KIDS FROM AGES 6 MONTHS TO 17 YEARS OF AGE. I COACHED AND TAUGHT BASKETBALL, CONDUCTED EDUCATIONAL ACTIVITIES,_BECAME AN OUTLET FOR CONSULTATION SO THE KIDS CAN RELATE AND HELP GUIDE THEM THROUGH DIFFICULT CHANGES. I BECAME GREAT FRIENDS WITH MANY OF THE PARENTS COUNSELORS AND TECHERS TO THIS DAY. Have you ever been convicted of a felony crime? No: -Yes: misdemeanor crime? No:4es:_ If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: t ti tiek n Please feel free to provide additional informatio . Signature: ,% /� � . � ` ��r ers of endorsement. Return completed form to: Office of the City Clerk, 1243 National City Blvd., National City, CA 91950 Thank you for your interest in serving the City of National City. This documents is filed as a public document Revised: March 2017 16 24 of 233 Vilavenit Signginthlr.th innovative semtegleslt and forward thinking team leader with* proven troms record for identifying opportunities, present +s bold vision, and building successful teams frani the ground wp Corporate j Nonprofit 1 Small Rushes Board Member Community Lesde (858) 568-2326 vilavanh#ltve.cofn San Duo, CA ENT PROFESSIONAL EXPERIENCE April 2027 - Pril*nR Chief Executive Officer Powerhouse Rosiness Solutions Achievements Developed and launched overall rtr#tegy, financial piens, pricing structure, laegel contracts tad business :plea build partnerships with local businesses, chambers, end community to drive economic growth end impact lsnsiriy 2017 - $vr►c 2017 Co -Managing Director Director of Marketing Girls in Tech, San Diego iktitievemoots built infrastructure of orgienitstion including programs, marketing plans, sttsetegic partnerships,, ex cutive loam Advocated end spoke during events, midis appearances Launched with over SSQ registrants, a End & 70% attrition lung. 2itit - May 207 Director of Marketing Gerson Institute Atchierulrntt Developed new infracttucture, workflow bawd processes for all departments: marketing, sales, production Launched Berson Cookbook generating over $200x conducted systems & process, seeing over f50 iievcn►bcr 201.4 . Met 2417-fa Marketing Manager j Canada HD Supply, Inc, itchleotoicotg Generated over $SMM and contributed ,161E in co. oleo exceeded forecast and hit a record SSOMM in revenue Lead new market strategy & websita, drove 16% growth t.prii 2#lt . Uovornbcs 1114 CRM Marketing Campaign Manager Pete* Aniline,Supplies, Inc, Achielheincrttr Managed F&F Cxmprign, generate SS.aMM in 2 days support campaigns far loyalty, ecommerce, merchandise Sc.n Diego, CA, 17 SAW * V4 , a;A. 25 of 233 AREAS OF EXPERT SE Team of l,yx.tierlcc Leadership Stfetegit PI4nning budgeting Finance Market expansion Cheap Management Teurn building systems Integration Strategic Partners E•Comamerce Mgrat. operation workflow Data Analysis Community Curator INVOLVEMENT T & ACHIEVEMENTS FE so magazine - Women of the Yee; 2017 *omit 51intern - Counciimember A. Sotelo-Solis gE Board of Director - Break the Silence Against Boierd Advisor - Gerson institute ig Advocate - Veterans & Military Fancily Meet Li' NE Speaker - U.S, New STEM! Solutions Confsrenc Iff Executive Team . Women of Main Street Alfieri EL Member - Asian Business Association gE Member - Amerlcen Marketing Association • Member - Celifornie Diversity Council • Member - Son Diego Non -Profit Association • Speaker - Break the Silence Cornmw►ity Outres EDUCATION San Diego Stine University Business Mantrg*ment - emphasis in Marketini San Diego State University Certificate in MM onegement & leadership CC/CDC-HA Agenda 1/16/2018 — Page 26 The following page(s) contain the backup material for Agenda Item: Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances considered at this meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 26 of 233 Item # 01/16/18 MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) 27 of 233 CC/CDC-HA Agenda 1/16/2018 — Page 28 The following page(s) contain the backup material for Agenda Item: Approval of the Minutes of the Regular Meetings of the City Council and Community Development Commission - Housing Authority of the City of National City of August 15, 2017, September 5, 2017, and September 19, 2017 and Special Meeting of the City Council 28 of 233 Item # 01/16/18 APPROVAL OF THE MINUTES OF THE REGULAR MEETINGS OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF AUGUST 15, 2017, SEPTEMBER 5, 2017, AND SEPTEMBER 19, 2017, AND SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OF SEPTEMBER 19, 2017. (City Clerk) 29 of 233 Book 99 / Page 140 08-15-2017 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY August 15, 2017 The Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 6:09 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Duong, Eiser, Muthusamy, Parra, Raulston, Roberts, Rodriguez, Stevenson, Vergara, Williams. Others present: Student Council Representative Jose Estrada. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC COMMENTS Jacqueline Reynoso, National City Chamber of Commerce President and CEO, appeared on behalf of the Chamber Board of Directors to recommend that the City appoint a sub -committee to provide direction on the RFP process for the Kimball — Morgan Tower Rehabilitation Project. Ted Godshalk, National City, cautioned adults to inform children how to properly observe the upcoming solar eclipse. He also expressed thanks to Vice Mayor Mendivil and Mayor Morrison for meeting with the public on some important pending issues. Sunshine Horton, El Cajon, offered words of encouragement and inspiration to all. Sharon Arvizu, National City, requested assistance to deal with the continuing rent increases that she, and others are experiencing in National City. Eddie Perez, San Diego, said rent increases are becoming a critical issue that the city should look into and related the positive experience of a friend who was very impressed with the sense of community in National City. Irvin Martinez, a member of Alliance of Californians for Community Environment (ACCE) spoke about the problem of increasing rents and the growing lack of affordable housing. 30 of 233 1 Book 99 / Page 141 08-15-2017 PROCLAMATIONS — None. AWARDS AND RECOGNITIONS COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2017 (102-10-11) 1. Introduction of New Employee - Pamela Sosa, Parking Regulations Officer. (Neighborhood Services) 2. Recognizing Police Corporal Steve Villariasa for his 20 years of service with the City of National City. (Police) 3. Recognizing Parks Equipment Operator Juan Piche for his 20 years of service with the City of National City. (Engineering/Public Works) 4. Farewell to 2016-2017 Miss National City Court and Introduction of 2017- 2018 Miss National City Court. (Community Services) 5. Recognition of Outgoing Student Council Representative, Jose Estrada and Introduction of Incoming Student Council Representative, Erika Gastelum. (City Clerk) 6. Receipt of the Certificate of Achievement for Excellence in Financial Reporting for the City of National City's Comprehensive Annual Financial Report (CAFER) and the Award for Outstanding Achievement in Popular Annual Financial Reporting for the City of National City's Popular Annual Financial Report from the Government Finance Officers Association for the fiscal year ended June 30, 2016. (Finance) 7. Presentation of the San Diego Housing Federation's Ruby Award for Paradise Creek Apartments as the 2017 New Construction Project of the Year. (Mary Jane Jagodzinski, Community Housing Works) PRESENTATIONS COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2017 (102-10-11) 8. "Elevate My Business" Economic Development Program Hosted by the National City Chamber of Commerce and Lift Development. (Kim Folsom, Serial Entrepreneur and Adjunct Professor National University, Founder, LIFT Development Enterprises, Inc., Co -Founder Founders First Capital Partners, LLC) 31 of 233 2 Book 99 / Page 142 08-15-2017 INTERVIEWS / APPOINTMENTS BOARDS & COMMISSIONS ADMIN (101-1-1) 9. Interviews and Appointments: Veterans and Military Families Advisory Committee. (City Clerk) INTERVIEWS: The following individuals appeared for interview: Victor Barajas, Darnisha Hunter, Mike Judd, Mona Minton, Stepheni Norton, Luz Ramirez, Shirley Ferrill, Vilavanh Sanginthirath. CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 10 (NCMC), Item Nos. 11 through 20 (Resolution No. 2017-152 through 2017-164), Item Nos. 21 and 22 (Temporary Use Permit 203-1-33), Item Nos. 23 and 24 (Warrant Registers). Motion by Sotelo-Solis, seconded by Cano, to approve the Consent Calendar except #13. Carried by unanimous vote. MUNICIPAL CODE 2017 (506-2-32) 10. MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) ACTION: Approved. See above. CONTRACT (C2017-44) 11. Resolution 2017-152. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AUTHORIZING THE ACCEPTANCE OF THE SAN DIEGO UNIFIED PORT DISTRICT'S TIDELANDS ACTIVATION GRANT FUNDS OF $10,000 AND $2,460 IN SERVICES PROVIDED BY THE SAN DIEGO UNIFIED PORT DISTRICT FOR SPECIAL EVENTS AT THE NATIONAL CITY AQUATIC CENTER AND PEPPER PARK, WITH NO MATCHING FUNDS REQUIRED; 2) AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE SAN DIEGO UNIFIED PORT DISTRICT TO RECEIVE FY18 TIDELANDS ACTIVATION GRANT FUNDS; 3) AND AUTHORIZING THE ESTABLISHMENT OF A REIMBURSABLE GRANTS CITYWIDE FUND APPROPRIATION OF $10,000 AND CORRESPONDING REVENUE BUDGET. (Community Services) ACTION: Adopted. See above. 32 of 233 3 Book 99 / Page 143 08-15-2017 CONSENT CALENDAR (cont.) CONTRACT (C2017-25) 12. Resolution 2017-153. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RESCINDING RESOLUTION NUMBER 2017- 68 APPROVED BY CITY COUNCIL ON MAY 2, 2017 FOR THE KABOOM! GRANT. (Community Services) ACTION: Adopted. See above. CONTRACT (C2017-25) 13. Resolution 2017-154. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING 1) THE ACCEPTANCE OF THE KABOOM! GRANT TO BUILD A NEW PLAYGROUND AT LAS PALMAS PARK; 2) USE OF THE GENERAL FUND LAS PALMAS PARK IMPROVEMENTS BALANCE TO PROVIDE MATCHING FUNDS OF $8,500 AS REQUIRED BY KABOOM!; 3) USE OF THE GENERAL FUND MATERIALS AND SUPPLIES BALANCE TO PROVIDE FUNDS OF $3,500 FOR FOOD, WATER, MUSIC, AND TOOLS; 4) THE CITY MANAGER TO EXECUTE THE KABOOM! COMMUNITY PARTNER PLAYGROUND AGREEMENT; 5) THE CITY MANAGER TO EXECUTE NECESSARY ADDENDUMS TO THE COMMUNITY PARTNER PLAYGROUND AGREEMENT. (Community Services) ACTION: Motion by Rios, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. CONTRACT (C2017-45) 14. Resolution 2017-155. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN AN ENCROACHMENT PERMIT AND AGREEMENT WITH DAJANI HOSPITALITY, FOR THE INSTALLATION OF AN AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANT PEDESTRIAN ACCESS RAMP IN THE PUBLIC RIGHT-OF-WAY ON CIVIC CENTER DRIVE FOR ENTRY INTO THE COMMERCIAL BUILDING LOCATED AT 1302 NATIONAL CITY BLVD. (Engineering/Public Works) ACTION: Adopted. See above. EQUIPMENT / VEHICLE PURCHASE ADMIN (209-1-1) 15. Resolution 2017-156. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, WAIVING THE FORMAL BID PROCESS CONSISTENT WITH NATIONAL CITY MUNICIPAL CODE SECTION 2.60.260 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING THE CITY (BUYER) TO PIGGYBACK THE NATIONAL JOINT POWERS ASSOCIATION (NJPA) CONTRACT #032515-CNH TO AWARD THE PURCHASE OF ONE (1) CASE BACKHOE TO SONSRAY MACHINERY, AN AUTHORIZED CASE DEALER, IN AN AMOUNT NOT TO EXCEED $128,991.57. (Engineering/Public Works) ACTION: Adopted. See above. 33 of 233 4 Book 99 / Page 144 08-15-2017 CONSENT CALENDAR (cont.) EQUIPMENT / VEHICLE PURCHASE ADMIN (209-1-1) 16. Resolution 2017-157. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, WAIVING THE FORMAL BID PROCESS CONSISTENT WITH NATIONAL CITY MUNICIPAL CODE SECTION 2.60.260 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING THE CITY (BUYER) TO PIGGYBACK THE NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE (NIPA) CONTRACT #120535 TO AWARD THE PURCHASE OF ONE (1) TORO GROUNDMASTER 4000-D MOWER TO TURF STAR, AN AUTHORIZED TORO DEALER, IN AN AMOUNT NOT TO EXCEED $68,728.17. (Engineering/Public Works) ACTION: Adopted. See above. EQUIPMENT / VEHICLE PURCHASE ADMIN (209-1-1) 17. Resolution 2017-158. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, WAIVING THE FORMAL BID PROCESS CONSISTENT WITH NATIONAL CITY MUNICIPAL CODE SECTION 2.60.260 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING THE CITY (BUYER) TO PIGGYBACK THE NATIONAL JOINT POWERS ASSOCIATION (NJPA) CONTRACT #022014-SCA TO AWARD THE PURCHASE OF ONE (1) 866 RODDER SERIES II TO PLUMBERS DEPOT, INC., AN AUTHORIZED DISTRIBUTOR FOR SEWER EQUIPMENT CO. OF AMERICA, IN AN AMOUNT NOT TO EXCEED $73,530.12. (Engineering/Public Works) ACTION: Adopted. See above. CONTRACT (C2017-53) ENGINEERING / PUBLIC WORKS DEPT - GRANTS / REPORTS ADMIN (1104-1-1) 18. Resolution 2017-159. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT NO. F013 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE CITYWIDE MIDBLOCK PEDESTRIAN CROSSING ENHANCEMENTS PROJECT TO ALLOW FOR REIMBURSEMENT OF UP TO $625,230 IN ELIGIBLE PROJECT EXPENDITURES THROUGH THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP); AND 2) AUTHORIZING THE ESTABLISHMENT OF AN ENGINEERING GRANTS FUND APPROPRIATION OF $625,230 AND CORRESPONDING REVENUE BUDGET. (Engineering/Public Works) ACTION: Adopted. See above. 34 of 233 5 Book 99 / Page 145 08-15-2017 CONSENT CALENDAR (cont.) CONTRACT (2017-50) 19. Resolution 2017-160. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.220, SUBSECTION (B), SOLE SOURCE PROCUREMENT AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH TI TRAINING CORP., FOR THE NOT TO EXCEED AMOUNT OF $53,851.00 FOR THE POLICE DEPARTMENT'S PURCHASE OF A USE OF FORCE TRAINING SIMULATOR SYSTEM, THAT INCLUDES ADVISING ON THE INSTALLATION OF A VIDEO PROJECTOR AND SPEAKERS AT THE POLICE DEPARTMENT, AND ONSITE TRAINING FOR SIX POLICE DEPARTMENT EMPLOYEES IN THE OPERATION OF THE SYSTEM. (Police) ACTION: Adopted. See above. POLICY MANUAL ADMIN (110-1-1) 20. Resolution 2017-161. Resolution OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING CITY COUNCIL POLICY # 206, "DEBT MANAGEMENT." (Finance) ACTION: Adopted. See above. TEMPORARY USE PERMITS 2017 (203-1-33) 21. Temporary Use Permit — Pumpkin Station hosted by Pinery Christmas Trees, Inc. at Westfield Plaza Bonita Mall from September 29, 2017 thru October 31, 2017 with no waiver of fees. (Neighborhood Services) ACTION: Approved. See above. TEMPORARY USE PERMITS 2017 (203-1-33) 22. Temporary Use Permit — Padres Pedal the Cause Bicycle Ride sponsored by Padres Pedal the Cause on November 11, 2017 from 9:45 a.m. to 3:00 p.m. with no waiver of fees. (Neighborhood Services) ACTION: Approved. See above. WARRANT REGISTER JULY 2017 — JUNE 2018 (202-1-32) 23. Warrant Register #1 for the period of 06/28/17 through 07/04/17 in the amount of $3,006,289.71. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2017 — JUNE 2018 (202-1-32) 24. Warrant Register #2 for the period of 07/05/17 through 07/11/17 in the amount of $1,358,983.47. (Finance) ACTION: Approved. See above. 35 of 233 6 Book 99 / Page 146 08-15-2017 NON CONSENT RESOLUTIONS CONDITIONAL USE PERMITS 2017 (403-32-1) 25. Resolution 2017-162. ALTERNATIVE RESOLUTIONS OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPROVE OR DENY A CONDITIONAL USE PERMIT FOR WHOLESALE AUTO SALES WITH ACCESSORY NEW CAR PREPARATION, OUTDOOR VEHICLE STORAGE, ELECTRICAL AND TRIM INSTALLATION, AND EMPLOYEE PARKING AT 2000 ROOSEVELT AVENUE; CITY COUNCIL MAY APPROVE EITHER OF THE ATTACHED RESOLUTIONS BASED ON CONTAINED FINDINGS FOR DENIAL OR APPROVAL. (APPLICANT: DEBORAH FALK) (CASE FILE NO.: 2016-10 CUP) (Planning) RECOMMENDATION: Adopt the Resolution approving the Conditional Use Permit. TESTIMONY: Johnathan Michaels and Perry Falk, appeared on behalf of the applicant, made a presentation and responded to questions. Sandy Naranjo, National City, representing the Environmental Health Coalition (EHC), spoke in opposition to the Conditional Use Permit (CUP). Alicia Sanchez, National City, spoke in opposition. Margarita Moreno, National City, spoke in opposition. Andrew McKercher, National City, representing IBEW 569, spoke in opposition. Sylvia Calzada, National City, spoke in opposition. Joy Williams, National City, representing EHC, spoke in opposition. Irvin Martinez, National City, representing Alliance of Californians for Community Environment (ACCE), spoke in opposition. Eddie Perez, San Diego, spoke in opposition. Margarita Godshalk, National City, spoke in opposition. Ted Godshalk, National City, spoke in opposition. Mat Kostrinsly, San Diego, spoke in opposition. Roberto Garcia, National City, spoke in opposition. Michelle Krug, San Diego, spoke in opposition. Jose Ramirez, National City, spoke in opposition. ACTION: Motion by Sotelo-Solis, seconded by Rios, to continue this item in order to have a list of the things that shall not be included, that it shall not have a car wash, that is shall not have storage of any hazardous material, that there will be no mechanical work excluding detail and, if there are any chemicals being used that there be a list of what those chemicals are and spot inspections. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Rios, Sotelo-Solis. Nays: Morrison. Abstain: None. Absent: None. RECESS A recess was called at 10:23 p.m. The meeting reconvened at 10:31 p.m. All members were present. 36 of 233 7 Book 99 / Page 147 08-15-2017 NON CONSENT RESOLUTIONS (cont.) CONTRACT (C2017-61) 26. Resolution 2017-163. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A ONE-YEAR SERVICE AGREEMENT WITH COUNTYWIDE MECHANICAL SYSTEMS, INC., FOR A NOT -TO -EXCEED AMOUNT OF $170,412 TO PROVIDE HEATING, VENTILATING AND AIR CONDITIONING (HVAC) MAINTENANCE AND REPAIR SERVICES FOR CITY FACILITIES. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Rios, seconded by Sotelo-Solis, to adopt the Resolution. Carried by unanimous vote. PROPERTY TAX RATE BONDED INDEBTEDNESS ADMIN (205-02-02) 27. Resolution 2017-164. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REDUCING THE PROPERTY TAX RATE FOR THE LIBRARY GENERAL OBLIGATION BONDS FOR FISCAL YEAR 2018 FROM 0.88 CENT PER $100 OF ASSESSED VALUATION TO 0.79 CENT. (Finance) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Cano, seconded by Rios, to adopt the Resolution. Carried by unanimous vote. NEW BUSINESS CITY MANAGER REPORTS / ADMIN (1104-01-12) 28. Report to City Council on services, tools, and strategies available to local government to expand existing outreach programs, and enhance or develop strategies for building and maintaining positive relationships in support of immigrants. (City Manager) RECOMMENDATION: Council Direction Requested. TESTIMONY: Andrew Mckercher, National City, representing IBEW 569, spoke in support of a having a commission. Wendy Tovar, National City, spoke in support of community resources. Mark Lane, National City, spoke in support of a commission. Mat Kostrinsky, San Diego, spoke in support of having a commission. Hami Mohebi, Executive Director of Council on Islamic Relations, San Diego, spoke in support of having a commission. Pastor Wayne Riggs, spoke in support of a Human Relations Commission. Luis Gomez spoke in support of a Human Relations Commission. 37 of 233 8 Book 99 / Page 148 08-15-2017 NEW BUSINESS (cont.) CITY MANAGER REPORTS / ADMIN (1104-01-12) 28. (continued) Michelle Krug, San Diego, spoke in support of a Human Relations Commission. James Elia, representing the Minority Humanitarian Foundation, spoke in support of a Human Relations Commission. Benjamin Prado, American Friends Service Committee, spoke in support of a Human Relations Commission. Elizabeth Lopez, Southern California Immigration Project, spoke in support of a Human Relations Commission. Christian Ramirez, Alliance San Diego, spoke in support a Human Relations Commission. Jose Rodrigues, National City, spoke in support of haring a full-time person to take care of residents. Tania Marquez, San Diego Organizing Project, spoke in support of having a safety net for immigrant. ACTION: Consensus was for staff to report back on September 19, 2017 on different types of committees with the potential for appointment that same night. There was no vote. B. COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY HOUSING AUTHORITY 2017 (404-01-06) 29. Resolution 2017-57. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY DESIGNATING THE OFFICIALS AUTHORIZED TO ORDER THE DEPOSIT AND WITHDRAWAL OF MONIES WITH FINANCIAL INSTITUTIONS ON BEHALF OF THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY. (Housing & Economic Development) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Rios, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. C. REPORTS STAFF REPORTS — None. MAYOR AND CITY COUNCIL Student Council Representative Jose Estrada expressed appreciation and gratitude to the many people who have supported and guided him during his tenure with the Council and said how much he values the opportunity and experience. 38 of 233 9 Book 99 / Page 148a 08-15-2017 MAYOR AND CITY COUNCIL (cont.) Vice Mayor Mendivil complimented the good job by staff for our National Night Out event; expressed concern about rent increases and interest in what can be done and praised the upcoming Festival of Life coming to Kimball Park on October 1st through the 6111. Member Sotelo-Solis also praised National Night Out event and Sweetwater High School's Open House. Member Rios complimented and thanked Student Council Representative Jose Estrada for the excellent job he did the past year and reminded everyone about Auto Heritage Days. Mayor Morrison highlighted all of the many activities that have or will be taking place in the City and said he thinks he failed to properly acknowledge the job of the outgoing Miss National City and her Court for the job they did. CLOSED SESSION REPORT City Attorney Angil Morris -Jones reported that the City Council, acting in Closed Session gave Authority and Direction in two matters (Real Property Transaction and Pending Litigation- Reimer v. National City) by unanimous vote, and gave Authority and Direction in one matter (Potential Litigation) by a vote of 4 to 1 with Mayor Morrison voting "No". (See attached Exhibit `L') ADJOURNMENT Motion by Sotelo-Solis, seconded by Rios, to adjourn the meeting to the next Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City — to be held Tuesday, September 5, 2017 at 6:00 p.m. at the Council Chambers, National City, California. Carried by unanimous vote. Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City to be held Tuesday, September 5, 2017 at 6:00 p.m. at the Council Chambers, National City, California. The meeting closed at 12:13 a.m. City Clerk The foregoing minutes were approved at the Regular Meeting of January 16, 2018. Mayor 39 of 233 10 EXHIBIT `L' CALIFORNIA N TION L Cflry `!JJ`J • INCORp ORATES. AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NATIONAL CITY Main Conference Room Civic Center 1243 National City Boulevard National City, California Special Meeting - Tuesday, August 15, 2017 — 5:00 p.m. ROLL CALL PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT) CLOSED SESSION 1. Real Property Transaction — Government Code Section 54956.8 Property Description: Lot 19- 22 of Block 109 of the City of National City commonly known as 302 West 19th Street. Total property size is 11,772 sq.ft. or 0.27 acres. Assessor Parcel Nos: 559-104-05-00; 559-104-11-00; 559-104-14-00; 559-104-15- 00 Agency Negotiator: Brad Raulston and Gregory Rose Negotiating Parties: Frank C. Safley Jr. & Deborah Safley Under Negotiation: Price and terms of payment 2. Conference with Legal Counsel — Pendinq Litigation Existing Litigation under Paragraph (1) of Subdivision (d) of Government Code Section 54956.9 Chris Reimer v. City of National City, et al. San Diego Superior Court Case No. 37-2015-000-38580 3. Conference with Legal Counsel — Pendinq Litigation Existing Litigation under Paragraph (1) of Subdivision (d) of Government Code Section 54956.9 City of Chula Vista v. Sandoval, et al. Sacramento Superior Court Case No. 37-2015-000-38580 4. Conference with Legal Counsel — Potential Litigation Significant Exposure to Litigation under Government Code Section 54956.9(d)(4) One Potential Case ADJOURNMENT Next Regular City Council Meeting: Tuesday, August 15, 2017, 6:00 p.m., City Council Chambers, Civic Center — National City, California. 40 of 233 11 Book 99 / Page 151 09-05-2017 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY September 5, 2017 The Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 6:11 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Amedee, Dalla, Deese, Denham, Duong, Manganiello, Morris -Jones, Raulston, Roberts, Rodriguez, Stevenson, Vergara, Williams, Ybarra. Others present: City Treasurer Mitch Beauchamp and Student Council Representative Erika Gastelum. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON Mayor Morrison stated that the meeting would be adjourned in honor of Mr. Al Beauchamp, Coco Naranjo, Nana, and Jordan Fortes. PUBLIC COMMENTS Gabriela Torres, representing the Surf rider Foundation, requested National City support Imperial Beach in their legal action against the International Boundary and Water Commission. Larry Emerson, National City, announced the various opportunities for people to test drive electric vehicles. Josie Flores -Clark, Executive Assistant to the Mayor, expressed appreciation and best wishes to Monserrate Casanova for her dedication and hard work the past year as an intern in the Mayor's Office. Monserrate Casanova said that interning in the Mayor's Office for the past year has been a very interesting and rewarding experience and thanked Mayor Morrison and Josie Flores -Clark for their confidence and support. Coyote Moon, National City, requested a Resolution from the City Council supporting the retention of the Deferred Action for Childhood Arrivals (DACA) program. Jose Estrada, National City, urged the City Council to take a stand and oppose ending the DACA program. 41 of 233 12 Book 99 / Page 152 09-05-2017 PROCLAMATIONS PROCLAMATION ADMIN (102-2-1) 1. Proclaiming the month of September 2017 as: "National Preparedness Month". AWARDS AND RECOGNITIONS - None. PRESENTATIONS COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2017 (102-10-12) 2. Update on Port Projects and Activities in National City. (Port Chairman Robert "Dukie" Valderrama) 3. Stakeholder Briefing - San Ysidro Land Port of Entry Renovation and Expansion Roadway Impacts. (Anthony Kleppe, U.S. General Services Administration (GSA)) 4. National City Safe Routes to School Program & Neighborhood Walk Audits. (Circulate San Diego & Rady Children's Hospital San Diego) (Engineering/Public Works) INTERVIEWS / APPOINTMENTS BOARDS & COMMISSIONS ADMIN (101-1-1) 5. Interviews and Appointments - Veterans and Military Families Advisory Committee. (City Clerk) INTERVIEWS: Bert Andrade appeared for interview. CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 6 (NCMC), Item No. 7 (Minutes), Item Nos. 8 through 20 (Resolution Nos. 2017-165 through 2017-177), Item Nos. 21 through 23 (Report), Item Nos. 24 and 25 (Warrant Registers). Motion by Sotelo-Solis, seconded by Cano, to approve the Consent Calendar. Carried by unanimous vote. MUNICIPAL CODE 2017 (506-2-32) 6. MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) ACTION: Approved. See above, 42 of 233 13 Book 99 / Page 153 09-05-2017 CONSENT CALENDAR (cont.) APPROVAL OF MINUTES (103-2-1) 7. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF MAY 16, 2017. (City Clerk) ACTION: Approved. See above. GRANT / LIBRARY (206-04-10) 8. Resolution No. 2017-165. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY: 1) RATIFYING THE ACCEPTANCE OF THE CALIFORNIA LIBRARY LITERACY SERVICES (CLLS) GRANT OF $18,000 TO FUND THE NATIONAL CITY LIBRARY'S LITERACY SERVICES PROGRAM FOR FY2017-18; AND 2) AUTHORIZING THE ESTABLISHMENT OF A LITERACY SERVICES GRANT FUND APPROPRIATION OF $18,000 AND CORRESPONDING REVENUE BUDGET. (Library) ACTION: Approved. See above. CONTRACT (C2005-65) GRANT / PUBLIC SAFETY (206-4-27) 9. Resolution No. 2017-166. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A GRANT SUBAWARD AMENDMENT FOR ADDITIONAL GRANT FUNDS IN THE AMOUNT OF $27,689 FROM THE FY16 URBAN AREA SECURITY INITIATIVE (UASI) GRANT FUNDS, FOR A TOTAL GRANT AMOUNT OF $246,699, FOR THE REIMBURSABLE GRANT PURCHASE OF EQUIPMENT, PLANNING, AND TRAINING FOR THE POLICE AND FIRE DEPARTMENTS; AND AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION IN THE AMOUNT OF $27,689 AND A CORRESPONDING REVENUE BUDGET. (Fire) ACTION: Approved. See above. CONTRACT (C2008-53) 10. Resolution No. 2017-167. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN APPROPRIATION INCREASE AND CORRESPONDING REVENUE BUDGET INCREASE IN THE AMOUNT OF $163,000 FOR THE ESGIL CORPORATION (SAFEBUILT) FOR BUILDING PLAN CHECK SERVICES FOR FY-2017. (Building/Fire) ACTION: Approved. See above. 43 of 233 14 Book 99 / Page 154 09-05-2017 CONSENT CALENDAR (cont.) GRANT / PUBLIC SAFETY (206-04-27) 11. Resolution No. 2017-168. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF A $5,000 CHECK FROM JESUS THE GREAT I AM CHURCH INC. ON BEHALF OF THE NATIONAL CITY FIRE DEPARTMENT FOR THE PURCHASE OF THREE AUTOMATIC EXTERNAL DEFIBRILLATORS (AEDS), AND AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION AND CORRESPONDING REVENUE BUDGET. (Fire) ACTION: Approved. See above. CONTRACT (C2017-59) 12. Resolution No. 2017-169. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AWARDING A CONTRACT TO DICK MILLER, INC. IN THE NOT -TO -EXCEED AMOUNT OF $939,939.93 FOR THE CITYWIDE ALLEY IMPROVEMENTS PROJECT, CIP NO. 16-11; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $140,990.99 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT. (Engineering/Public Works) ACTION: Approved. See above. CONTRACT (C2017-54) 13. Resolution No. 2017-170. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AWARDING A CONTRACT TO EAGLE PAVING COMPANY, INC. IN THE NOT -TO -EXCEED AMOUNT OF $1,158,297.70 FOR THE CITYWIDE PEDESTRIAN MIDBLOCK CROSSING ENHANCEMENTS PROJECT, CIP NO. 17-05; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $173,744.66 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT. (Engineering/Public Works) ACTION: Approved. See above. CONTRACT (C2009-01) 14. Resolution No. 2017-171. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH HARRIS & ASSOCIATES, INC. RETROACTIVELY EXTENDING THE TERM OF THE AGREEMENT TO MAY 18, 2018, TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO, SEWER SYSTEM AND STORM DRAIN ANALYSIS AND DESIGN, CONSTRUCTION SUPPORT, ENGINEERING PLAN REVIEWS AND TENTATIVE MAP REVIEWS. (Engineering/Public Works) ACTION: Approved. See above. 44 of 233 15 Book 99 / Page 155 09-05-2017 CONSENT CALENDAR (cont.) CONTRACT (C2017-55) 15. Resolution No. 2017-172. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ACCELERATED MODULAR CONCEPTS INCORPORATED IN THE AMOUNT OF $112,846.28 FOR THE DELIVERY AND SET UP OF A MODULAR BUILDING TO BE USED BY THE NATIONAL CITY FIRE DEPARTMENT AS PART OF THE SQUAD PILOT PROGRAM AT EL TOYON PARK. (Engineering/Public Works) ACTION: Approved. See above. CONTRACT (D2017-02) 16. Resolution No. 2017-173. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING A GRANT DEED FROM WHITE WHALE PROPERTIES, INC., A CALIFORNIA CORPORATION, FOR A DEDICATION OF REAL PROPERTY TO ALLOW FOR THE CONSTRUCTION OF A PUBLIC SIDEWALK ADJACENT TO THEIR PROPERTY LOCATED AT 1640 ORANGE STREET (APN 561-160-40). (Engineering/Public Works) ACTION: Approved. See above. PARKING & TRAFFIC CONTROL ADMIN 2017 (801-02-38) 17. Resolution No. 2017-174. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF 83 FEET OF DIAGONAL "30-MINUTE PARKING" LOCATED ON E. 8TH STREET ADJACENT TO "BIG BEN SPECIALTY MARKET" AND 81 FEET OF PARALLEL "30-MINUTE PARKING" LOCATED ON "A" AVENUE ADJACENT TO "BIG BEN SPECIALTY MARKET" TO INCREASE PARKING TURNOVER FOR CUSTOMERS (TSC NO. 2017-19). (Engineering/Public Works) ACTION: Approved. See above. PARKING & TRAFFIC CONTROL ADMIN 2017 (801-02-38) 18. Resolution No. 2017-175. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CONVERSION OF 67 FEET OF 1-HOUR PARALLEL PARKING TO 30-MINUTE PARKING ON NATIONAL CITY BOULEVARD ADJACENT TO "B&B FURNITURE" AND INSTALL 37 FEET OF 30-MINUTE PARALLEL PARKING ON W. 4TH STREET ADJACENT TO "B&B FURNITURE" TO INCREASE PARKING TURNOVER FOR CUSTOMERS (TSC NO. 2017-20). (Engineering/Public Works) ACTION: Approved. See above. 45 of 233 16 Book 99 / Page 156 09-05-2017 CONSENT CALENDAR (cont.) PARKING & TRAFFIC CONTROL ADMIN 2017 (801-02-38) 19. Resolution No. 2017-176. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE AT 635 "J" AVENUE (TSC NO. 2017-21). (Engineering/Public Works) ACTION: Approved. See above. PARKING & TRAFFIC CONTROL ADMIN 2017 (801-02-38) 20. Resolution No. 2017-177. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A SECOND BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE AT 2121 WILSON AVENUE (TSC NO. 2017-22). (Engineering/Public Works) ACTION: Approved. See above. FINANCIAL MANAGEMENT 2016-2017 (204-1-32) 21. National City Sales Tax Update Newsletter Fourth Quarter 2016. (Finance) ACTION: Approved. See above. FINANCIAL MANAGEMENT 2016-2017 (204-1-32) 22. National City Sales Tax Update Newsletter First Quarter 2017. (Finance) ACTION: Approved. See above. FINANCIAL MANAGEMENT 2016-2017 (204-1-32) 23. Investment Report for the quarter ended June 30, 2017. (Finance) ACTION: Filed. See above. WARRANT REGISTER JULY 2017 — JUNE 2018 (202-1-32) 24. Warrant Register #3 for the period of 07/12/17 through 07/18/17 in the amount of $1,310,855.42. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2017 — JUNE 2018 (202-1-32) 25. Warrant Register #4 for the period of 07/19/17 through 07/25/17 in the amount of $2,317,938.00. (Finance) ACTION: Ratified. See above. PUBLIC HEARINGS MUNICIPAL CODE 2017 (506-02-32) 26. Public Hearing - First Reading of: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 2.55 46 of 233 17 Book 99 / Page 157 09-05-2017 PUBLIC HEARINGS (cont.) MUNICIPAL CODE 2017 (506-02-32) 26. Public Hearing (continued). ESTABLISHING REQUIREMENTS REGARDING THE ADOPTION AND AMENDMENT OF THE ANNUAL BUDGET OF THE CITY OF NATIONAL CITY. (Finance) RECOMMENDATION: Adopt the Ordinance. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to close the Public Hearing. Carried by unanimous vote. Motion by Mendivil, seconded by Cano, to introduce the Ordinance. Carried by unanimous vote. MUNICIPAL CODE 2017 (506-02-32) 27. Public Hearing - First Reading of: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 6 SECTION 6.04 OF THE NATIONAL CITY MUNICIPAL CODE REGARDING BUSINESS TAX RATES TO COMPLY WITH CURRENT LAW, INCLUDING 1) REVERTING GROSS RECEIPTS AND FLAT BUSINESS TAX RATES TO THOSE ESTABLISHED BY ORDINANCE NO. 1606, ENACTED IN 1977, CORRECTING RATE CALCULATIONS WHERE NECESSARY; 2) REPEALING THE MARGINAL TAX RATE TABLE; 3) REPEALING APPENDIX D TO ORDINANCE NO. 1606; AND 4) REFUNDING BUSINESS TAXES AND ASSOCIATED APPLICABLE FEES OVERPAID WITHIN THE TWELVE MONTHS PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE. (Finance) RECOMMENDATION: Adopt the Ordinance. TESTIMONY: None. ACTION: Motion by Mendivil, seconded by Cano, to close the Public Hearing. Carried by unanimous vote. Motion by Sotelo- Solis, seconded by Mendivil, to introduce the Ordinance. Carried by unanimous vote. PROP ATRANSNET (RTIP) ADMIN (205-05-01) 28. Resolution 2017-178. Public Hearing and adoption of: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) APPROVING AN AMENDMENT NO. 8 (16-08) TO THE 2016 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2017 THROUGH 2021 TO ENSURE PROGRAMMING IS CONSISTENT WITH THE LATEST TRANSNET REVENUE FORECAST FOR NATIONAL CITY; PROJECTS INCLUDE PLAZA BOULEVARD WIDENING (NC01), STREET RESURFACING (NC03), TRAFFIC SIGNAL 47 of 233 18 Book 99 / Page 158 09-05-2017 PUBLIC HEARINGS (cont.) PROP A TRANSNET (RTIP) ADMIN (205-05-01) 28. Resolution 2017-178. (continued). INSTALL/UPGRADES (NC04) AND CITYWIDE SAFE ROUTES TO SCHOOL (NC15); AND 2) AUTHORIZING THE ESTABLISHMENT OF A TRANSNET PROPOSITION 'A' FUND APPROPRIATION OF $1,021,000 FOR FY 2018 AND CORRESPONDING REVENUE BUDGET. (Engineering/Public Works) RECOMMENDATION: Hold Public Hearing and adopt the Resolution. TESTIMONY: None. ACTION: Motion by Mendivil, seconded by Sotelo-Solis, to close the Public Hearing. Carried by unanimous vote. Motion by Mendivil, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. NON CONSENT RESOLUTIONS CONDITIONAL USE PERMITS 2017 (403-32-1) 29. Resolution Nos. 2017-179, Resolution No. 2017-180. ALTERNATIVE RESOLUTIONS OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPROVE OR DENY A CONDITIONAL USE PERMIT FOR WHOLESALE AUTO SALES WITH ACCESSORY NEW CAR PREPARATION (EXCLUDING DETAILING), CAR WASH, OUTDOOR VEHICLE STORAGE, ELECTRICAL AND TRIM INSTALLATION, AND EMPLOYEE PARKING AT 2000 ROOSEVELT AVENUE; City Council may approve either of the attached Resolutions based on contained findings for denial or approval. (Applicant: Deborah Falk) (CASE FILE NO.: 2016-10 CUP) (Planning) RECOMMENDATION: Adopt the Resolution approving the Conditional Use Permit. TESTIMONY: Dan Hom, San Diego, appeared on behalf of Perry Auto Group. Carolina Martinez, EHC, spoke in support provided there is additional action regarding hazardous materials. Perry Falk, Perry Auto Group, responded to questions. ACTION: Motion by Sotelo-Solis, seconded by Rios, to adopt the Resolution approving the CUP with findings and conditions. Carried by unanimous vote. VICE MAYOR APPOINTMENT ADMIN (101-20-1) 30. Resolution No. 2017-181. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING COUNCIL POLICY 119: SELECTION OF THE VICE MAYOR. (City Manager) RECOMMENDATION: Adopt the resolution. TESTIMONY: None. 48 of 233 19 Book 99 / Page 159 09-05-2017 NON -CONSENT RESOLUTIONS (cont.) VICE MAYOR APPOINTMENT ADMIN (101-20-1) 30. Resolution No. 2017-181 (continued). ACTION: Motion by Morrison, seconded by Cano to adopt the resolution with added exclusion of new person during first year. Carried by unanimous vote. Motion by Rios, seconded by Sotelo-Solis, to bring the item back so all current members of the Council will have a turn to serve as Vice Mayor prior to next election. Motion failed by the following vote to - wit: Ayes: Rios, Sotelo-Solis. Nays: Cano, Mendivil, Morrison. Abstain: None. Absent: None. NEW BUSINESS CONDITIONAL USE PERMITS 2017 (403-32-1) 31. Notice of Decision Planning Commission approval of a Conditional Use Permit for the sale and trade of jewelry, gold, and other precious metals at a retail store (Kevin Jewelers) located at 3030 Plaza Bonita Road, Suite 1110. (Applicant: Kaveh Bral) (Case File 2017-16 CUP) (Planning) RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Rios, in favor of staff's recommendation. Carried by unanimous vote. LEAGUE OF CA CITIES ADMIN (104-02-01) 32. City Council Review of League of California Cities 2017 Annual Conference Resolutions: "A Resolution of the League of California Cities calling upon the Governor and Legislature to enter into discussion with League and other Public Safety stakeholders to identify and implement strategies that will reduce the unintended negative impacts of existing criminal law"; and "A Resolution of the League of California Cities supporting Legislation amending Government Code Section 38611 to clarify the definition of Local Control providing broad statutory authority for local officials to determine Emergency levels and direct Emergency Medical Response within their jurisdictions". (City Manager) RECOMMENDATION: Support both Resolutions. TESTIMONY: Monica Montgomery, appeared on behalf of the ACLU, and offered their perspective on the Resolutions. ACTION: Motion by Sotelo-Solis, seconded by Rios, to oppose the first Resolution. Motion failed by the following vote, to -wit: Ayes: Rios, Sotelo-Solis. Nays: Cano, Mendivil, Morrison. Abstain: None. Absent: None. Motion by Sotelo-Solis, seconded by Cano to support the second Resolution amending Government Code Section 38611. Carried by unanimous vote. 49 of 233 20 Book 99 / Page 160 09-05-2017 NEW BUSINESS (cont.) LEAGUE OF CA CITIES ADMIN (104-02-01) 32. City Council Review of League of California Cities 2017 Annual Conference Resolutions (continued). ACTION (continued): Motion by Mendivil, seconded by Cano to support the first Resolution in concept. Carried by the following vote, to -wit. Ayes: Cano, Mendivil, Morrison. Nays: Sotelo-Solis, Rios. Abstain: None. Absent: None. B. COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY C. REPORTS STAFF REPORTS Neighborhood Services Director Armando Vergara provided an update on County -wide Hepatitis outbreak and actions being taken. MAYOR AND CITY COUNCIL City Treasurer Mitch Beauchamp expressed concern about the City Council policy on budgets. Vice Mayor Mendivil spoke about the benefits to the community from the upcoming Festival of Life Even in Kimball Park from October 1st through the 6tn Member Sotelo-Solis thanked staff for the presentations and related an incident in her neighborhood where our firefighters went above and beyond to assist a 92 year old resident. Member Sotelo-Solis made a motion, seconded by Mendivil, to bring back resolution language and information on what others are doing to support DACA. Carried by unanimous vote. Member Rios made a motion, seconded by Sotelo-Solis, to have the County Health Department provide information or give a report to the City Council on the Hepatitis outbreak. Carried by unanimous vote. Member Rios announced that her father, Mr. Al Alvarado, will be one of three individuals honored at the Padre game during Hispanic Heritage Month. Member Cano made a motion, seconded by Morrison, to have staff prepare a report on policy and standards for Council representatives and interns. Carried by the following vote, to -wit. Ayes: Cano, Mendivil, Morrison. Nays: Sotelo- Solis, Rios. Abstain: None. Absent: None. CLOSED SESSION REPORT City Attorney reported that in Closed Session in the matter of the Claim by Miranda, staff received direction and authorization by unanimous vote. (See attached Exhibit `L') 50 of 233 21 Book 99 / Page 160a 09-05-2017 ADJOURNMENT The meeting was adjourned in honor of Mr. Al Beauchamp, Mrs. Coco Naranjo, Nana and Mr. Jordan Fortes. Motion by Mendivil, seconded by Rios, to adjourn the meeting to the next Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday — September 19, 2017 - 6:00 p.m. - Council Chambers - National City, California. Carried by unanimous vote. Nays: None. Abstain: None. Absent: None. Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City to be held Tuesday, September 19, 2017 at 6:00 p.m. at the Council Chambers, National City, California. The meeting closed at 10:52 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of January 16, 2018. Mayor 51 of 233 22 EXHIBIT `L' CALIFORNIA -0 (^� SC:J�:.J U `= `NCOP.,2`L AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NATIONAL CITY Main Conference Room Civic Center 1243 National City Boulevard National City, California Special Meeting - Tuesday, September 5, 2017 — 5:00 p.m. ROLL CALL CITY COUNCIL CLOSED SESSION 1. Conference with Legal Counsel — Anticipated Litigation Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(4) One Claim: Miranda 2. Conference with Legal Counsel — Potential Litigation Significant Exposure to Litigation under Government Code Section 54956.9(d)(4) One Potential Case ADJOURNMENT Next Regular City Council Meeting: Tuesday, September 5, 2017, 6:00 p.m., Council Chambers, Civic Center— National City, California. 52 of 233 23 Book 99 / Page 162 09-19-2017 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY September 19, 2017 The Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 6:06 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Duong, Manganiello, Morris - Jones, Parra, Raulston, Stevenson, Tellez, Vergara, Williams, Ybarra. Others present: Student Council Representative Erika Gastelum. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC COMMENTS Andrew Gavin spoke in support of the Craft Beer Ordinance. PROCLAMATIONS PROCLAMATION ADMIN (102-2-1) 1. Proclaiming September 17, 2017 through September 23, 2017 as "Constitution Week". AWARDS AND RECOGNITIONS COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2017 2. Retiree Service Recognition - Recognizing Park Superintendent Miguel Diaz for his 34 years of service with the City of National City. (Engineering/Public Works) 3. Retiree Service Recognition - Recognizing Senior Park Caretaker John Gish for his 29 years of service with the City of National City. (Engineering/Public Works) PRESENTATIONS COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2017 (102-10-12) 4. Update on the Hepatitis "A" Outbreak. (Dr. Wilma J. Wooten, M.D., M.P.H., Health Officer & Director, Public Health Services, County of San Diego Health & Human Services Agency) 5. Wayfinding Signage Update (City Manager) 53 of 233 24 Book 99 / Page 163 09-19-2017 INTERVIEWS / APPOINTMENTS BOARDS & COMMISSIONS ADMIN (101-1-1) 6. Interviews and Appointments - Veterans and Military Families Advisory Committee. (City Clerk) ACTION: Meg Storer appeared for interviewed CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 7 (NCMC), Item Nos. 8 through 10 (Resolution Nos. 2017-182 through 2017-184), Item Nos. 11 and 12 (Temporary Use Permits), Item Nos. 13 and 14 (Warrant Registers). Motion by Cano, seconded by Mendivil, to approve the Consent Calendar except for Item No. 12. Carried by unanimous vote. MUNICIPAL CODE 2017 (506-2-32) 7. MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) ACTION: Approved. See above. CONTRACT (C2015-56) GRANT / PUBLIC SAFETY (206-4-27) 8. Resolution No. 2017-182. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY 1) AUTHORIZING ACCEPTANCE OF A GRANT AWARD IN THE AMOUNT OF $120,000 FROM THE OFFICE OF TRAFFIC SAFETY (OTS) FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT 2018 TO CONDUCT DUI AND TRAFFIC RELATED ENFORCEMENT OPERATIONS FOR THE POLICE DEPARTMENT 2) AUTHORIZING THE CHIEF OF POLICE TO EXECUTE THE AGREEMENT OF THE AWARD OF THE GRANT FUNDS AND 3) AUTHORIZING THE ESTABLISHMENT OF FUND APPROPRIATIONS AND CORRESPONDING REVENUE BUDGET. (Police) ACTION: Approved. See above. 54 of 233 25 Book 99 / Page 164 09-19-2017 CONSENT CALENDAR (cont.) CONTRACT (C2015-49) 9. Resolution No. 2017-183. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT WITH AIR QUALITY COMPLIANCE SOLUTIONS, INC., DBA; RELY ENVIRONMENTAL, FOR ON -CALL ENVIRONMENTAL COMPLIANCE MANAGEMENT SERVICES, INCREASING THE NOT -TO -EXCEED AMOUNT OF THE AGREEMENT BY $50,000, FOR A TOTAL AGREEMENT AMOUNT OF $150,000. (Engineering/Public Works) ACTION: Approved. See above. CONTRACT (C2003-46) 10. Resolution No. 2017-184. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ATKINS NORTH AMERICA, INC. FOR A NOT -TO -EXCEED AMOUNT OF $100,000 TO PROVIDE, 1) ENGINEERING AND CONSTRUCTION SUPPORT SERVICES, INCLUDING PREPARATION OF RECORD DRAWINGS, FOR THE NATIONAL CITY ALLEY IMPROVEMENTS PROJECT; 2) SUPPORT SERVICES FOR SEWER USER RATE STUDY; AND 3) TAX ROLL ADMINISTRATION FOR ANNUAL SEWER SERVICE CHARGES. (Engineering/Public Works) ACTION: Approved. See above. TEMPORARY USE PERMITS 2017 (203-01-33) 11. Temporary Use Permit — St. Mary's Fall Festival hosted by St. Mary's Catholic Church on Sunday, October 1, 2017 at the parish grounds located between E. 8th Street and "E" Avenue from 7 a.m. to 7 p.m. with no waiver of fees. (Neighborhood Services) ACTION: Approved. See above. TEMPORARY USE PERMITS 2017 (203-01-33) 12. Temporary Use Permit - 59th Maytime Band Review sponsored by the Maytime Band Association on October 7, 2017 from 10 a.m. to 3 p.m. (Neighborhood Services) TESTIMONY: Brian Clapper, National City, thanked everyone for their cooperation and requested patience as they move forward. ACTION: Motion by Sotelo-Solis, seconded by Cano, to approve Staff recommendation. Carried by unanimous vote. EXPARTE DISCLOSURE: Members Morrison and Rios disclosed that they are involved with the Maytime Band Association WARRANT REGISTER JULY 2017 — JUNE 2018 (202-1-32) 13. Warrant Register #5 for the period of 07/26/17 through 08/01/17 in the amount of $8,856,176.05. (Finance) ACTION: Ratified. See above. 55 of 233 26 Book 99 / Page 165 09-19-2017 CONSENT CALENDAR (cont.) WARRANT REGISTER JULY 2017 — JUNE 2018 (202-1-32) 14. Warrant Register #6 for the period of 08/02/17 through 08/08/17 in the amount of $700,333.90. (Finance) ACTION: Ratified. See above. PUBLIC HEARINGS MUNICIPAL CODE 2017 (506-02-32) 15. Public Hearing and Introduction of: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 6 SECTION 6.04 OF THE NATIONAL CITY MUNICIPAL CODE REGARDING BUSINESS TAX RATES TO COMPLY WITH CURRENT LAW, INCLUDING 1) REVERTING GROSS RECEIPTS AND FLAT BUSINESS TAX RATES TO THOSE ESTABLISHED BY ORDINANCE NO. 1606, ENACTED IN 1977, CORRECTING RATE CALCULATIONS WHERE NECESSARY; 2) REPEALING THE MARGINAL TAX RATE TABLE; 3) REPEALING APPENDIX D TO ORDINANCE NO. 1606; AND 4) REFUNDING BUSINESS TAXES AND ASSOCIATED APPLICABLE FEES OVERPAID WITHIN THE TWELVE MONTHS PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE. (Finance) RECOMMENDATION: Introduce the Ordinance. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to close the Public Hearing. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Sotelo-Solis. Nays: None. Abstain: None. Absent: Rios. Motion by Sotelo-Solis, seconded by Cano, to introduce the Ordinance. Carried by unanimous vote. MUNICIPAL CODE 2017 (506-02-32) 16. Ordinance No. 2017-2437. Public Hearing and Adoption of: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 2.55 ESTABLISHING REQUIREMENTS REGARDING THE ADOPTION AND AMENDMENT OF THE ANNUAL BUDGET OF THE CITY OF NATIONAL CITY. (Finance) RECOMMENDATION: Adopt the Ordinance. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to close the Public Hearing. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Sotelo-Solis. Nays: None. Abstain: None. Absent: Rios. 56 of 233 27 Book 99 / Page 166 09-19-2017 PUBLIC HEARINGS (cont.) MUNICIPAL CODE 2017 (506-02-32) 16. Ordinance No. 2017-2437 (continued). Motion by Sotelo-Solis, seconded by Cano, to adopt the Ordinance. Carried by the following vote, to -wit: Ayes: Cano, Morrison, Sotelo-Solis. Nays: Mendivil. Abstain: None. Absent: Rios. It was requested that there be a re -vote on the motion for approval. Motion by Sotelo-Solis, seconded by Cano, to adopt the Ordinance. Carried by unanimous vote. NEW BUSINESS CONDITIONAL USE PERMITS 2017 (403-32-1) 17. Notice of Decision — Planning Commission approval of a Conditional Use Permit modification for distilled spirits at an existing beer and wine - licensed restaurant (Tita's II) located at 3421 East Plaza Blvd. (Applicant: Roger Speir) (Case File 2017-09 CUP) (Planning) RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. TESTIMONY: Anne Campbell, National City, spoke in opposition. An unnamed resident spoke in opposition. Milo (no last name), representing Institute for Public Strategies (IPS), spoke in opposition. Brenda Simmonds, from IPS, spoke in opposition. Olga Flores, National City, spoke in opposition. Robert Scales, the applicant, spoke in support and responded to questions. ACTION: Motion by Mendivil, seconded by Rios, to set for public hearing. Carried by unanimous vote. CITY MANAGER / REPORTS ADMIN (1104-01-12) 18. Continuation of Staff's Report to City Council on Strategies for Building and Maintaining Positive Relationships in Support of Immigrants to include: A Request for City Council Direction on the Creation of an Ad -Hoc Committee or City Manager's Working Group; and a General Overview of Grant Funding Opportunities. (City Manager) RECOMMENDATION: Request City Council direction. TESTIMONY: Andrew McKercher, National City spoke in support of forming an advisory committee. ACTION: Motion by Sotelo-Solis, seconded by Rios to form an Ad - Hoc Committee with two members of the City Council. Motion failed by the following vote, to -wit: Ayes: Rios, Sotelo-Solis. Nays: Cano, Mendivil, Morrison. Abstain: None. Absent: None. Motion by Cano, seconded by Mendivil, for a City Manager Working Group. Motion withdrawn with no vote. A request was made to compile additional information and place the item on the agenda in October or November. There was no vote. 57 of 233 28 Book 99 / Page 167 09-19-2017 NEW BUSINESS (cont.) CHAMBER OF COMMERCE ADMIN (109-06-01) 19. Presentation of the National City Chamber of Commerce report of the planned use of $50,000 budgeted by the City of National City for the Chamber for Fiscal Year 2018. (Finance) RECOMMENDATION: Accept and file the report. TESTIMONY: Jacqueline Reynoso, President and CEO of the National City Chamber of Commerce, gave a presentation on the use of the $50,000 in funding provided to the Chamber by the City. ACTION: None. B. COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY C. REPORTS STAFF REPORTS City Manager Leslie Deese acknowledged and thanked the Community Service Staff for the Volunteer Appreciation Dinner Event. MAYOR AND CITY COUNCIL Vice Mayor Mendivil reported that he attended the South County Economic Development Summit and was proud to see the Mayors of the South Bay and hear the good things happening in South Bay cities. Member Sotelo-Solis thanked staff for all the comprehensive reports and special thanks for the awesome job by Community Services staff putting on the Volunteer Appreciation Event and reported that she asked the County Health Department to present an update on the Hepatitis "A' outbreak to the SANDAG Public Safety Committee. Member Rios thanked staff for returning so quickly with the report on Hepatitis "A"; said the Volunteer Appreciation Dinner was very impressive and that she supports opening it to others. Member Rios made three motions for Council consideration: Motion by Rios, seconded by Sotelo-Solis, to bring back at the next meeting a letter urging the Governor to sign AB 485. Carried by unanimous vote. Motion by Rios, seconded by Sotelo-Solis, to send a support letter for AB 805. Motion failed by the following vote, to -wit: Ayes: Rios, Sotelo-Solis. Nays: Cano, Mendivil, Morrison. Abstain: None. Absent: None. Motion by Rios, seconded by Sotelo-Solis, to bring back Proclamations honoring Claudia Sandoval and Susie Rico. Motion failed by the following vote, to -wit: Ayes: Rios, Sotelo-Solis. Nays: Cano, Mendivil, Morrison. Abstain: None. Absent: None. 58 of 233 29 Book 99 / Page 168 09-19-2017 MAYOR AND CITY COUNCIL (cont.) Member Cano thanked staff for their work and said that at the last City Council meeting he made a very bad judgement call and wanted to apologize to all the Council for his actions. Motion by Cano, seconded by Mendivil, to bring City Council Policy #802 back on a future agenda for discussion. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison. Nays: Rios, Sotelo-Solis. Abstain: None. Absent: None. Mayor Morrison echoed the sentiments praising the staff and the very nice Volunteer Appreciation Dinner event. Motion by Morrison, seconded by Cano, to place on a future agenda discussion about City Council meeting times. Carried by the following vote, to -wit: Ayes: Cano, Morrison, Mendivil, Rios. Nays: Sotelo-Solis. Abstain: None. Absent: None. CLOSED SESSION REPORT City Attorney Angil Morris -Jones reported that the City Council, in Closed Session, gave unanimous direction. (See attached Exhibit `L') ADJOURNMENT The meeting was adjourned in honor of Mr. Zack Zarate and Mildred Bundy. Motion by Sotelo-Solis, seconded by Mendivil, to adjourn the meeting to the next Adjourned Regular Meeting of the City Council of the City of National City - Economic Development Plan and Programs Workshop - Tuesday - October 3, 2017 - 4:30 p.m. - Council Chambers - National City, California. Carried by unanimous vote. Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - October 3, 2017 - 6:00 p.m. - Council Chambers - National City, California. The meeting closed at 10:12 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of January 16, 2018. Mayor 59 of 233 30 EXHIBIT 'L' CALIFORNIA NKflON .L Cfl AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NATIONAL CITY Main Conference Room Civic Center 1243 National City Boulevard National City, California Special Meeting - Tuesday, September 19, 2017 — 5:00 p.m. ROLL CALL CITY COUNCIL CLOSED SESSION 1.Conference with Legal Counsel — Potential Litigation Significant Exposure to Litigation under Government Code Section 54956.9(d)(4) One Potential Case ADJOURNMENT Next Regular City Council Meeting: Tuesday, September 19, 2017, 6:00 p.m., Council Chambers, Civic Center — National City, California. 60 of 233 31 Book 99 / Page 163 09-19-2017 DRAFT DRAFT DRAFT MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY September 19, 2017 The Special Meeting of the City Council of the City of National City was called to order at 5:02 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios. Council / Board members absent: Sotelo-Solis. Administrative Officials present: Dalla, Deese, Morris -Jones, Raulston, Stevenson. PUBLIC COMMENTS — None OPEN SESSION CITY COUNCIL 1 Conference with Legal Counsel — Potential Litigation Significant Exposure to Litigation under Government Code Section 54956.9(d)(4) One Potential Case TESTIMONY: None. Members retired into Closed Session at 5:02 p.m. CLOSED SESSION 1. Conference with Legal Counsel — Potential Litigation Significant Exposure to Litigation under Government Code Section 54956.9(d)(4) One Potential Case ADJOURNMENT The next Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City to be held Tuesday, September 19, 2017 at 6:00 p.m. at the Council Chamber, National City, California. City Clerk The foregoing minutes were approved at the Regular Meeting of January 16, 2018. Mayor 61 of 233 32 CC/CDC-HA Agenda 1/16/2018 — Page 62 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City accepting and authorizing the Mayor to sign an Encroachment Permit Agreement with KD 31 ST, LLC, to construct five bio-filtration planters within public right-of-way for the future Mariners Landin 62 of 233 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 16, 2018 AGENDA ITEM NO. !TEM TITLE: Resolution of the City Council of the City of National City accepting and authorizing the Mayor to sign an Encroachment Permit Agreement with KD 31ST, LLC, to construct five bio-filtration planters within public right-of-way for the future Mariner's Landing Apartment Building located on East 31st Street (APN 562-252-09 thru 562-252-12). PREPARED BY Carla Hutchinson, Assistant Engineer - Civil DEPARTMENT: Engineering/Public Works PHONE: 619-336-4388 APPROVED BY: EXPLANATION See attached. FINANCIAL STATEMENT: ACCOUNT NO. IN/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution accepting the Encroachment Permit Agreement with KD 31ST, LLC, for the construction of five bio-filtration planters for the future Mariner's Landing Apartment Building located on East 31st Street (APN 562-252-09 thru 562-252-12). BOARD / CUMniiiiSSION Oiifi i NUA1104: N/A ATTACHMENTS: 1. Explanation 2. Encroachment Permit Agreement J. i \Ga7 JIULflJI e 63 of 233 EXPLANATION KD 31ST, LLC has proposed a 61-unit multifamily apartment complex to be constructed on Lots 1 through 10 and 11 through 20 of Copeland`s Subdivision, according to Map No. 978 recorded in the Office of the County Recorder on March 19, 1906, Assessor Parcel Numbers 562-252-09 thru 562-252-12. The grading plans have been submitted and are under review. Proper treatment of storm water runoff is required. The project has proposed to construct five bio-retention planters for storm water treatment in the public right-of-way on E. 31st Street. An encroachment agreement is required to allow the property owner to construct and maintain the bio- retention planters. KD 31 ST, LLC is requesting that the City approve and the Mayor sign the agreement. If approved by the City Council, this easement will be recorded with the Office of the San Diego County Recorder, pending issuance of all required building permits. 64 of 233 FEE: S490.00 ENCROACHMENT PERMIT AND AGREEMENT (Commercial) The City Of National City hereby grants an Encroachment Pennit to the undersigned, KD 31ST, LLC (hereinafter referred to as "OWNER"), in accordance with and pursuant to the terms and conditions set forth in Chapter 13.12 of the National City Municipal Code. OWNER is the owner of that certain real properly described in the attached Exhibit 'A", or is an owner of personal property that is proposed to be installed in the public right-of-way or other public property of the City of National City, County of San Diego, State of California. The OWNER, in consideration of this gra.nt of permission by the City of National City (hereinafter referred to as "CITY ", to install and maintain certain personal property or a building, facility, or other structure (hereafter designated from time to time as an "encroachment") within or upon. a CITY easement, property, or right-of-way for the use and benefit of OWNER'S property and adjacent lands, now covenants and agrees as follows: The site of installation and any description of OWNER'S encroachment is described in Exhibit "B", attached. The terms and conditions under which the encroachment is to be installed and maintained are as follows: 1. Upon notification in writing by the City Engineer, the above described encroachment shall be abandoned, removed, or relocated by OWNER at the owner's sole expense. 2. The said encroachment shall be maintained in a safe and sanitary condition at all times at the sole cost, risk, and responsibility of OWNER and any successor in interest, who shall hold CITY harmless with respect thereto. 3. This Permit and Agreement, when made for the direct benefit of OWNER's Iand or property described above, and the covenants herein contained shall run with said 1 and and shall be binding on the assigns and successors of OWNER. Should OWNER or its successors fail tc remove or relocate the encroachment herein permitted within thirty (30) days after notice of removal or relocation from the CITY, CITY may cause such removal or relocation to be done at OWNER's sole cost and expense, which shall be a Iien upon said land. A copy of this Encroachment Agreement shill be recorded as irtst any real propeFiy of the owner's that is hereby benefited by tree encroach-uent. Upon request by CITY, PERMIT'iEE s ifiu record tthis Encroachment Agreement with the County of San Diego, County Recorder's Office, and upon recordation shall return the original to the CITY. 4. OWNER shall indemnify, defend, and hold harmless CITY and its officers, agents, and employees from ail liability, loss, costs, claims, demands, suits, and defense costs,. including attorneys' fees, arising out of Owner's entry upon and use of City'.s easement or right-of-way for the installation, maintenance, and use of the owner's encroachment. 5. OWNER end ear_:h successor in interest or assign shall take cut and maintain, during the time the encroachment remains on CIT"Y's easement or right-of-way, commercial general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrences covering all bodily and property damage arising out of this Encroachment Agreement. This policy shall name CITY and its officers, agents, and employees as additional insured, and shall constitute primary insurance as to CITY and its officers, agents, an;; employ ces, so that any other policies held by CITY shall not contribute to any loss under said insurance. Said policy shall 65 of 233 provide for thirty (3D) days prior written notice to CITY of cancellation or material change. Prior to commencement of this Encroachment Agreement, OWNER shall furnish CITY a certiEcate of insurance with onginal endorsements evidencing the coverage required by this section. Should owner fail to do so, City may elect to obtain such coverage at OWNER'S expense or immediately terminate this Agreement. 6. The full terms and conditions under which this Encroachment Permit is issued are further set forth in Chapter 13.12 of the National City Municipal Code, which terms OWNER hereby specifically acknowledges and argte3 to. Owner also acknowledges that those terms and conditions include, without limitation, the following: a. The City reserves the right to charge the Owner 'fair and reasonable" compensation for the use of CITY property retroactive to the date of construction or installation of the encroachment_ b. The CITY can require the removal, relocation, or undergrounding of the encroachment when deemed necessary and feasible by and in the sole discretion of the City Engineer at owner's expense. 7. This encroachment Permit is not valid and confers no rights to install and maintain an encroachment until it is accepted by the Owner. DATED: CITY OF NATIONAL CITY PERMI 1'1'LE: KD 3I S , LLC Ron Morrison, Mayor Entity/Com Joshua Santa, Managing Member Name & Title ATTACH. NOTARY CERTIFICATION FOR THE NAME OF PERMIT/ME SHOWN ABOVE, USE CALIFORNIA. ALL PURPOSE AC1 NOW EDGlEMENT NOTARY ONLY. PERMITTEE/APPLICANT INFORMATION: enc ek A s AnKI A- a, Person in Responsible Charge $8$ (35-4- l3z 24/7 Phone Number 11..3 Finn Name Mailing Address: _f o () 2.. 12. ar,,c t, 1 iv(). Sa.-, flip C-A 92, i j PLAT SHOWING LOCATION OF STRUCTURES, EASEMENT, OR RIGHT-OF-WAY, AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXIUBIT ".8", ATTACHED 2 Encroachment Permit and Agreement (Commercial_/) 66 of 233 C 4Lf<fzO A ALL URPOZ'S. AcvalOmaoOggENT CIML CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulnew, accuracy, or validity of that document. State of California County of S N T. ) i.E - Gn y tiS t144), 261i before hie Date Here Insert Name and title of the Offi personally appeared i Lam: ff: ✓S.�-'� )1-ri K Nane(s) of SF,gner(3) who proved to me on the basis of satisfactory evidence to be the person(s) whoc name(s) isiare subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(fes), and that by his/bar/their signature(s) on the instrument the person(s),_ or the entity upon behalf of which the person(s) acted, executed the instrument. ANDREW JOHN DOYLE r... ` i#�ry Pubkc - CaL Iornia ea Mega County t ;V Commission 4:2 2170545 +Iy Comm. Expire* Nov 4, 2020 4., Place Notaq Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and o eat. Signature OPTIONAL Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document:cktiska4Civiglfer r iZI7 Document Date: Number of Pages: Z. Signer's) Other Than Named Above: Capacity(es) Claimed by Signals) Signer's Narne: ❑ Corporate Officer — Titlags): ❑ Partner — ❑ Limited [1 General ❑ Individual ❑ Attorney in Fact .-._:._ "-- El Trustee ❑ Guardian or Conservator Other: - Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): i-I Partner -- ❑ LimltetI T� General © individual 0 Attorney in Fact n Trustee 0 Guardian or Ccrse vator C Other: Signer Is Representing: - 02014 National Notary Association • www.NatIonalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 67 of 233 EXHIBIT 'A' OWNER: KD 31ST, LLC 10625 SCRIPPS RANCH BLVD., STE. F SAN DIEGO, CA 92131 OW 954-7326 SITE ADDRESS: E. 315T STREET NATIONAL CITY, CA 91950 APN: 562-252-09 562-252-10 562-252-11 562-252-12 ENCROACHMENT LEGAL DESCRIPTION: A 10.00 FEET WIDE STRIP OF LAND LYING WITHIN EAST31sT STREET IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTIltA ST COR.NER OF PARCEL 3 ACCORDING TO PARCEL MAP NO. 14997 RECORDED OCTOBER 15,1987 !N THE OGt!CG OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, BEING A POINT IN THE SOUTHERLY RIGHT OF WAY OF "EAST 31sT STREET"; THENCE ALONG SAID RIGHT OF WAY NORTH 72`40157" EAST 60.00 FEET TO THE TRUE POINT OF BEG/NNING; THENCE CONTINUING ALONG SAID RIGHT OF WAY NORTH 72°40'57" EAST 100.00 FEET; THENCE LEAVING SAID RIGHT OF WAY AND PERPENDICULAR TO THE LAST DESCRIBED COURSE NORTH 17'19'03" WEST 10.00 FEET TO A LINE PARALLEL WITH AND 10.00 FEET NORTHWESTERLY OF SAID RIGHT OF WAY; THENCE ALONG SAID PARALLEL SOUTH 72'40`57" WEST 100.00 FEET; THENCE SOUTH 17°19'03" EAST 10.0E FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1000.00 SQUARE FEET, MORE OR LESS. 68 of 233 -sil EN -- • LEGEND: PROPERTY LINE/ PUBLIC ROW OWNER/DEVELOPER: KD 315T, LLC 10625 SCRIPPS RANCH BLVD.. STE. F SAN DIEGO CA 92131 (888) 354-7326 SHE ADDRESS: E. 31ST STREET NATIONAL CITY, CA 91950 APN: 562-252-09 THRU 562-252-12 BRIEF LEGAL DESCRIPTION: A PORTION OF LOTS 1 THROUGH 10 AND 11 THROUGH 20 OF COPELAND'S SUBDIVISION PER MAP NO. 978 RECT. MARCH 19, 1906 PVT. WATER QUALITY PVT. 8il' PVC STORM BASINS W/IN PUBLIC DRAIN AND APPURTENANCES — ROW (TYP.) W/IN PUBLIC ROW / PVT, IMP. LIMITS / SEE EXHIBIT 'A' FOR DESCRIPTION 60 ,00' S72®40'571V 5620 f'RTARS ROAD SAN DIEGO, CA 92110 � 519-291.0707 �, + Ci :." c...r. iFAX) 619.291.4165 EXHIBIT rB SEE DRAWING NUMBER 11503-D FOR GRADING AND IMPROVEMENTS IN THIS AREA APN 562-252 -09 7!- RU 12 VICINITY MAP Morro SCALE PVT. IRRIGATION LINES W/IN PUBLIC ROW (TYP.) E. 31ST STREET 30 15 0 30 60 90 GRAPHIC SCALE 1" = 30' 69 of 233 Client* 1684028 303KtREBUI ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(` INDWi'""' 121011'2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO R GSrS LHPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATNE LY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE tE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is ari ADDITIONAL INSURED, the palIcy3fes) must be endorsed. K SUBROGATION IS WAIVED, subject to the terms and condltlons of the policy, certain policies may require an endorsement A statement on this certificate dues not carder rights to the certificate holder In lieu of such endorseenent(a). I PRODUCER BEST -John Burnham Ins Services 750 B Street Suits 2400 San Diego, CA 92101 619 231-iii10 lwmTAG9r NAME Cana Llntner PHONE 619 231-1 Q10 FAx mu. tie. Er:t1: 0AIC, Het: 9192369134 EMAIL ADDRESS, INSURrrRM)AFFORDED( GCOVERAGE NAM# INSURERtNSURJ1: Kinsale Insurance Company 38929 INSURED K€rE Builders Inc., KD Sheri,/ Lane LLC, KD 12TH LLC, KC 31ST, LLC 10625 Scripps ranch Bivd., Suite F San Diego, CA 92131 itouReR B : Everest National Insurance Co 10120 iirauRtRe:Ohio Casualty Insurance Company 24074 "' urstlaeis: MISUSER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POUCtES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMEQ ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERIri OR CONDITION OF ANY CONTRACT OR OTI-IER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE 18SU1D OR MAY PERTAIN THE INSURANCE AFFORDLO BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCHES. LIMITS SHOWN MAY HAVE BEEN REDUCEDBY PAID CLA tag TYPE OF INSURANCEADDLSU BR ?[:1L1G+.'HUMEEIR �r LAMS A X COMMERCIAL GENERALIALyUABILIT' 01000057926 ' 31'I512017 03/151201: EACI-I OCCURRENCE $ • 000 000 ■ C' AIMeo.MADE L nOC:CLR 7r,1 �I l- -ly�` EA .renoa s100 000 . MED EXP one : man $ 5 000 ■ PERSONAL AAUVINJURY $ 000 0W0 Gal AGGREGATE LIMIT APPLIES PER: ' PoucY X JPREcci❑ Loc ■ OmER: GENERAL AGGREGATE $ • 000 000 *RODUOTS•COMP/OP Aix S3 090,900 $ AUTOMOBILE ■ ■ LJABIUTY ANY AUTO ALL OWNED AUTOS— HIRED AUTOS SCHEDULED AUTOS ED COEAB +. SINGLE LIMIT BOD:LY INJURY (Per mewl 1 EOOg Y INJURY (Per atxidenl} $ PROPERTY DAMAGE an i $ UMBRELLA LIAR EXCESS UAB (OCCUR I CLAIMS -MADE P:! A EACHOCCUFIH•ICE $ AGGREGATE $ 1 nEn I I RETENI7OM$ ._ WORKERS COMPENSATION AND EMPLOYERS' UABHJTY Yi N OFYCE PROPRIETORSPARTN Ty . EWEXECU F (as:tcletiryInNM) Vyes. tmernbe under DESCRE''IJON QF OPERATIONS beiesr PER s = L RR EL, AAACII ACCIDENT EL. DISEASE -EA EM - • e $ E.L.• DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS! LOCATIONS 1YENICLaa (ACORD 141. Addtbensl Retrwiis ecltedule, msy be attached if note space is required) Certificate is suited to policy limits, conditions and exclusions. RE: KD3lst LLC Mariners Landing Project Encroachment Permit The City of National City, Its elected officials, officers, agents and employees are Named as an Additional Insured (GL) per the captioned operations of the Named insured. CERIIRCATE HOLDER City of National City CID Risk GAanager 1243 Natinnel City FLIvd, National City, CA 91950 CANCELLATION MOULD ANY OF THE ABOVE DESCRIBED POLICIES DE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE i iu as DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZE) RiS'RBSENTATTVE 1991-2U14 ACORD CORPORATION. All Lights reserved. ACORD 25 M1• I01) 1 of 1 The ACORD name and logo are rsglsteredd merits Of ACORD #81910405E/M18917444 FJG 70 of 233 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS CAR AUTHORIZATIONS Attached To and Forming Part of Policy Effective Date of Endorsement 0100005752-6 10/10/2017 12:01AM at the Named Insured address shown on the Declarations Additional Premium: Return Premium: 50 so This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Named Insured KirE Builders Inc., KD Sheryl Lane LLC, KR 12TH LLC, KD31st LLC Policy Change Number; 4 SCHEDUl.E State or Governmental Agency or subdivision or Political Subdivision: The City of National City, its elected officials, officers, agents and employees, Information required to complete this Schedule, If not shown above, will be shown in the Declarations. Section 1! — Who !s An Insured is amended to Include as an insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization_ 2. This Insurance does not apply to: a. "Bodily injury", "properly damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or 'property damage" included within the "products -completed operations hazard". ALL C'TIIE? TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CA Surplus Lines Tex & Fes Breakdown Premium: Company Fee: inspection Fee: 3% State Tax: .200% Stamping Fee: CG 2012 05 09 0 .1:1 Insurance Services Office, Inc., 2008 Page 1 of 1 71 of 233 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING AND AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT PERMIT AGREEMENT WITH KD 31ST, LLC, TO CONSTRUCT FIVE BIO-FILTRATION PLANTERS WITHIN PUBLIC RIGHT-OF-WAY FOR THE FUTURE MARINER'S LANDING APARTMENT BUILDING LOCATED ON EAST 31ST STREET (APN 562-252-09 THRU 562-252-12) WHEREAS, KD 31ST, LLC, has proposed a 61-unit multifamily apartment building to be constructed on Lots 1 through 10 and 11 through 20 of Copeland's Subdivision, according to Map No. 978, recorded in the Office of the County Recorder on March 19, 1906, Assessor Parcel Numbers 562-252-09 thru 562-252-12; and WHEREAS, during the City's review of the grading plans, staff recommended drainage be directed through the North area of the property with proper water treatment; and WHEREAS, KD 31 ST, LLC has proposed to construct five bio-retention planters for water treatment in the public right-of-way on East 31st Street, which requires an encroachment agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City hereby approves and authorizes the Mayor to execute an Encroachment Permit Agreement with KD 31 ST, LLC, to construct five bio-retention planters for water treatment in the public right-of-way on East 31st Street, and directs that KD 31ST, LLC, are responsible for recording the Encroachment Permit Agreement with the County of San Diego. PASSED and ADOPTED this 16th day of January, 2018. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Ron Morrison, Mayor 72 of 233 CC/CDC-HA Agenda 1/16/2018 — Page 73 The following page(s) contain the backup material for Agenda Item: Warrant Register #21 for the period of 11/15/17 through 11/21/17 in the amount of $1,895,364.90. (Finance) 73 of 233 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 16, 2018 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #21 for the period of 11/15/17 through 11/21/17 in the amount of $1,895,364.90. (Finance) PREPARED BY:Karla Apalategui, Accounting Assistant PHONE: 619-336-4572 DEPARTMENT: Finance APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 11/15/17 through 11/21/17. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor Check/Wire Amount Health Net Inc 331732 Innovative Construction 331733 Kaiser Foundation HP 331735 Project Professionals Corp 331749 Public Emp Ret System 11212017 84,378.32 85,496.00 179,847.01 107,334.45 229,291.48 Explanation Health Net Ins R1192A Nov 2017 18th St Pedestrian Improv. Project Kaiser Insurance Active Nov 2017 Westside Mobility Imp. Project Service Period 10/24/17 — 11/06/17 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,895,364.90. ENVIRONMENTAL REVIEW APPROVED: (W7a reaz FINANCE APPROVED: MIS This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Ratify warrants totaling $1,895,364.90 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register #21 7d of 922 CALIFORNIAF__ 1/2 PAYEE AEP CALIFORNIA LLC AFLAC AIR POLLUTION CONTROL DISTRICT AT&T CAPF CALIFORNIA LAW ENFORCEMENT CASILLAS, MARIE CITY OF SAN DIEGO COUNTY OF SAN DIEGO COX COMMUNICATIONS DELTA DENTAL DELTA DENTAL INSURANCE CO ENTERPRISE FLEET MANAGEMENT FINANCIAL CREDIT NETWORK FUN EXPRESS LLC HEALTH NET HEALTH NET HEALTH NET HEALTH NET INC INNOVATIVE CONSTRUCTION JASMUND, D KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KONICA MINOLTA LOPEZ, J MAN K9 INC MONTIJOS BACKHOE INC MULTIQUIP INC NAPOLEON, TAIMANE K M NATIONAL CITY CHAMBER NOWDOCS INTERNATIONAL INC PAVEMENT COATINGS CO PRO BUILD PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RELIANCE STANDARD ROUSTON, J SAN DIEGO UNION TRIBUNE SASI SERRATO & ASSOCIATES SITEONE LANDSCAPE SUPPLY LLC SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SOCAL PPE SOUTHERN CALIF TRUCK STOP SPARKLETTS STAPLES BUSINESS ADVANTAGE SWANK MOTION PICTURES INC -M'IO-..'`5L law 1141CORPQRAT813 • WARRANT REGISTER #21 11/21/2017 DESCRIPTION BUILD OUT FOR POLICE DODGE DURANGO AFLAC ACCT BDM36 NOV 2017 APCD FEES / ENG AT&T SBC PHONE SERVICE FOR NOVEMBER 2017 FIRE LTD NOVEMBER 2017 PD LTD NOVEMBER 2017 VIOLATION DISMISSED - NA020003784 SEWER TRANSPORTATION CHARGES COUNTY OF SD SHARE OF PARKING CITATION COX DATA SERVICES NOVEMBER 2017 DENTAL INS PREMIER NOV 2017 PM! DENTAL INS NOVEMBER 2017 OVERPAYMENT - CITATION NA030001896 COLLECTION FEE PAYMT - AUG & SEP 2017 HOLIDAY CRAFTS FOR TOWER OF TERROR HEALTH FULL NETWORK 57135A NOV 2017 HEALTH NET INS N7176F NOV 2017 HEALTH NET INS N7177A NOV 2017 HEALTH NET INS R1192A NOV 2017 18TH ST. PEDESTRIAN IMPROV. PROJECT TRAINING MILEAGE REIMBURSEMENT KAISER INSURANCE ACTIVE NOV 2017 KAISER RETIREES INS - COBRA NOV 2017 KAISER RETIREES INS NOV 2017 KAISER HD H S A INS NOV 2017 COPIER EQUIPMENT LEASE / NOV 2017 EDUCATION REIMBURSEMENT K9 TRAINING JULY 2017 FEE T&A # 99348 REFUND / BUILDING TRASH PUMP-PW LIABILITY CLAIM COST NCCC MEMBERSHIP BREAKFAST / RIOS GREEN VOID BOTTOM CHECKS / FINANCE 18TH ST BICYCLE ENHANCEMENTS PROJECT MOP 45707 GENERAL SUPPLIES /PW WESTSIDE MOBILITY IMP. PROJECT MOP 45742 LAUNDRY/ PW VOLUNTARY LIFE INS NOV 2017 MILEAGE TRAINING REIMB CWEA / PW LEGAL NOTICES ADVERTISING MONTHLY TRUST ACCOUNTING DEBIT CHGS TRAINING TUITION OPIATES AND FENTANYU PD MOP 69277/ SUPPLIES FOR FIRE DEPT MOP 45756, FIRE CHARGES MOP 63845 REG ENVELOPES AR - FIN REPAIRS TO TURNOUTS FOR FY18. MOP 45758 SUPPLIES / PW WATER SERVICES / OCTOBER 2017 MOP 45704 OFFI :NGINEERING MOVIE LICENSE 75 of 233 AT THE PARK / CSD CHK NO DATE AMOUNT 331714 11/21/17 2,545.84 331715 11/21/17 760.26 331716 11/21/17 748.00 331717 11/21/17 60.96 331718 11/21/17 931.00 331719 11/21/17 2,082.50 331720 11/21/17 35.00 331721 11/21/17 950.66 331722 11/21/17 10,175.00 331723 11/21/17 3,532.69 331724 11/21/17 15,714.40 331725 11/21/17 2,906.64 331726 11/21/17 35.00 331727 11/21/17 288.00 331728 11/21/17 294.00 331729 11/21/17 5,760.99 331730 11/21/17 1,470.86 331731 11/21/17 1,141.24 331732 11/21/17 84,378.32 331733 11/21/17 85,496.00 331734 11/21/17 66.87 331735 11/21/17 179,847.01 331736 11/21/17 19,932.42 331737 11/21/17 7,296.40 331738 11/21/17 5,029.04 331739 11/21/17 1,531.73 331740 11/21/17 1,190.00 331741 11/21/17 4,160.00 331742 11/21/17 2,505.30 331743 11/21/17 30,896.19 331744 11/21/17 615.85 331745 11/21/17 15.00 331746 11/21/17 365.40 331747 11/21/17 14,044.80 331748 11/21/17 2,520.80 331749 11/21/17 107,334.45 331750 11/21/17 640.76 331751 11/21/17 3,084.64 331752 11/21/17 15.51 331753 11/21/17 1,908.40 331754 11/21/17 385.00 331755 11/21/17 65.00 331756 11/21/17 43.56 331757 11/21/17 533.01 331758 11/21/17 181.50 331759 11/21/17 6,793.50 331760 11/21/17 63.31 331761 11/21/17 5.20 331762 11/21/17 219.03 331763 11/21/17 1,330.00 2/2 PAYEE THE ENGRAVING STORE THE HOME DEPOT CREDIT SERVICES THE LINCOLN NATIONAL LIFE INS THE SHERWIN WILLIAMS CO THE STAR NEWS PUBLISHING COMP U S BANK VALLEY INDUSTRIAL SPECIALTIES VERIZON WIRELESS WALMART WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY WILSON, R WOODS, J WIRED PAYMENTS EDD PUBLIC EMP RETIREMENT SYSTEM PAYROLL Pay period Start Date 24 11/7/2017 CALIFORNIA NATIoNAL ''_ 1' j ?AICORPQRAT8D WARRANT REGISTER #21 11/21/2017 DESCRIPTION FLAG BOX ENGRAVING / PD PAINT SUPPLIES /NSD LIFE & AD&D STD LTD INS NOV 2017 MOP 77816 PAINT SUPPLIES / PW PUBLIC NOTICES FOR VEHICLE AUCTION 10/2017 CREDIT CARD CHARGES / FIRE MOP 46453 SUPPLIES / PW VERIZON CELLULAR SERVICE OCTOBER 2017 GIFT CARDS FOR SW CALENDAR WINNERS- ENG MOP 63850 AUTO SUPPLIES / PW MOP #45763/ELECTRONIC SUPPLIES/MIS EDUCATION REIMBURSEMENT LICENSE REIMBURSEMENT UNEMPLOYMENT INS 7/01/17 - 9/30/17 SERVICE PERIOD 10/24/17 - 11/06/17 End Date Check Date 11/20/2017 11/29/2017 CHK NO DATE AMOUNT 331764 11/21/17 129.30 331765 11/21/17 143.77 331766 11/21/17 9,901.49 331767 11/21/17 616.35 331768 11/21/17 222.93 331769 11/21/17 7,398.86 331770 11/21/17 47.99 331771 11/21/17 760.72 331772 11/21/17 500.00 331773 11/21/17 44.66 331774 11/21/17 58.73 331775 11/21/17 79.95 331776 11/21/17 73.00 A/P Total 631,904.79 35993 11/16/17 1,296.00 11212017 11/21/17 229,291.48 1,032,872.63 GRAND TOTAL $1,895,364.90 76 of 233 CC/CDC-HA Agenda 1/16/2018 — Page 77 The following page(s) contain the backup material for Agenda Item: Warrant Register #22 for the period of 11/22/17 through 11/28/17 in the amount of $317,125.23. (Finance) 77 of 233 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 16, 2018 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #22 for the period of 11/22/17 through 11/28/17 in the amount of $317,125.23. (Finance) PREPARED BY:Karla Apalategui, Accounting Assistant PHONE: 619-336-4572 DEPARTMENT: Finance APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 11/22/17 through 11/28/17. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation No Payments Over $50,000 Processed for This Period FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $317,125.23. APPROVED: `i'*Q FINANCE APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION MIS STAFF RECOMMENDATION: Ratify warrants totaling $317,125.23 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register #22 78 of 233 CALIFO RNIA F__ 1/3 PAYEE ABLE PATROL & GUARD ACCELERATED MODULAR AIRGAS WEST ALDEMCO ALL FRESH PRODUCTS ALPHA PROJECT FOR THE HOMELESS AMAZON AMERICAN LIBRARY ASSOC ANDERSON, S AT&T AT&T AZTEC APPLIANCE BAKER & TAYLOR BEST BEST & KRIEGER ATTNY LAW BLUE PACIFIC ENGINEERING BOATMAN, M BOOT WORLD BRODART CO BSN SPORTS BSN SPORTS CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CDWG CHRISTENSEN & SPATH LLP CLAIMS MANAGEMENT ASSOCIATES CLF WAREHOUSE INC COLANTUONO HIGHSMITH COUNTY OF SAN DIEGO COX COMMUNICATIONS CULLIGAN DANIELS TIRE SERVICE DELL MARKETING L P EQUIFAX INFORMATION SVCS FERGUSON ENTERPRISES INC GEOSYNTEC CONSULTANTS INC GLOBAL POWER GOVCONNECTION INC GRAINGER HUB CONSTRUCTION INNOVATIVE CONSTRUCTION KELLETT, D KEYSER MARSTON ASSOCIATES INC KLOS, F KONICA MINOLTA LASER SAVER INC LESAR DEVELOPMENT CONSULTANTS MABPA MAXILOM, L METRO FIRE & SAFETY MIDWEST TAPE NATIONAL CI?? ?ATCORPQRAT813 . WARRANT REGISTER #22 11/28/2017 DESCRIPTION SECURITY GUARD SERVICE FOR FY2018 - LIBRARY FIRE STA. 33 PROJECT MOP 45714 SAFETY GEAR /PW FOOD / NUTRITION CENTER FOOD / NUTRITION CENTER ALPHA PROJECT HOMELESS SEP./ NSD BOOKS / LIBRARY 2017 RUSA ONLINE COURSE / LIBRARY TRAINING REIMBURSEMENT HONOR GUARD / PD AT&T SBC PHONE SERVICE SEPTEMBER 2017 AT&T SBC PHONE SERVICE OCTOBER 2017 CITY WIDE APPLIANCE PURCHASES BOOKS / LIBRARY LIABILITY CLAIM COST LINCOLN ACRES RAISED CROSSWALK PROJECT TRAINING MILEAGE REIMBURSEMENT / LIBRARY MOP 64096 SAFETY GEAR /PW BOOKS / LIBRARY SOCCER BALLS FOR YOUTH SOCCER TRAINING SALES TAX FOR INVOICE 900620805 / CSD MOP 82059 GENERAL SUPPLY / PW MOP 45698 ELECTRIC SUPPLIES / PW TREND MICRO ENTERPRISE SECURITY SUITE / MIS LEGAL SERVICES - CAR MAX PROFESSIONAL SERVICES MOP 80331 AUTO SUPPLIES / PW LIABILITY CLAIM COST RECORD DOCUMENTS WITH THE COUNTY OF SD COX DATA SERVICES OCTOBER 2017 WATER SOFTENER FOR DISHWASHER & STEAMER TIRES FOR CITY FLEET FOR FY 2018 DELL PRECISION TOWER 5810 BACKGROUND CHECKS FOR S8 USE MOP 45723 PLUMBING SUPPLIES/PW EDUCATION VILLAGE RED. PROJECT GENERATOR MAINTENANCE FUJITSU FI-7600 IMAGE SCANNER / MIS FOOSBALL TABLE FOR CASA DE SALUD / CSD STAKECHASER FOR SEWER T&A#90272 540 R AVENUE TRAINING REIMBURSEMENT 24 HOUR PERISHABLE CONTRACT WITH KEYSER MARSTON TRAINING FIELD EVIDENCE TECH REIMB / KLOS KONICA MINOLTA COPIER EQUIPMENT LEASE MOP #45725/PRINTER TONER/MIS CONSULTANT SERVICES - POLICY RESEARCH MABPA LUNCHEON / NOVEMBER 2017 / MENDIVIL REIMBURSEMENT FOR KABOOM PURCHASES / CSD CITY WIDE ONSI 3UISHER AUDIO VISUAL b 79 of 233 FY2018 - LIB CHK NO DATE AMOUNT 331777 11/28/17 3,313.35 331778 11/28/17 5,087.31 331779 11/28/17 323.21 331780 11/28/17 5,406.65 331781 11/28/17 1,757.84 331782 11/28/17 7,140.00 331783 11/28/17 1,765.44 331784 11/28/17 832.00 331785 11/28/17 239.23 331786 11/28/17 8,839.18 331787 11/28/17 327.56 331788 11/28/17 1,126.01 331789 11/28/17 2,833.78 331790 11/28/17 88.50 331791 11/28/17 43,595.50 331792 11/28/17 12.20 331793 11/28/17 125.00 331794 11/28/17 1,419.14 331795 11/28/17 297.69 331796 11/28/17 26.04 331797 11/28/17 266.81 331798 11/28/17 74.69 331799 11/28/17 12,728.98 331800 11/28/17 5,793.75 331801 11/28/17 6,030.00 331802 11/28/17 228.50 331803 11/28/17 218.37 331804 11/28/17 32.00 331805 11/28/17 3,619.25 331806 11/28/17 223.50 331807 11/28/17 1,939.84 331808 11/28/17 9,759.29 331809 11/28/17 51.56 331810 11/28/17 462.87 331811 11/28/17 1,812.80 331812 11/28/17 6,188.53 331813 11/28/17 4,639.51 331814 11/28/17 696.00 331815 11/28/17 90.81 331816 11/28/17 576.00 331817 11/28/17 174.89 331818 11/28/17 16,992.67 331819 11/28/17 374.33 331820 11/28/17 9,338.35 331821 11/28/17 27.13 331822 11/28/17 15,000.00 331823 11/28/17 25.00 331824 11/28/17 121.93 331825 11/28/17 1,468.26 331826 11/28/17 2,032.89 CALIFORNIAF__ 2/3 PAYEE NAN MCKAY AND ASSOCIATES INC NATIONAL CITY TROPHY NBS OLIVER PRODUCTS O'REILLY AUTO PARTS PADRE JANITORIAL SUPPLIES PALMA, A PARTS AUTHORITY METRO LLC PAUU, R PENSKE FORD PERRY FORD PLURALSIGHT LLC PROJECT PROFESSIONALS CORP ROADONE SAN DIEGO COUNTY ASSESSOR SAN DIEGO FRICTION PRODUCTS SAN DIEGO GAS & ELECTRIC SAN DIEGO MIRAMAR COLLEGE SAN DIEGO UNION TRIBUNE SDG&E SEAPORT MEAT COMPANY SEGAL, M SHINN, S SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SOUTH BAY COMMUNITY SERVICES STAPLES BUSINESS ADVANTAGE STARTECH COMPUTERS SWEETWATER AUTHORITY SWRCB SYSCO SAN DIEGO INC THE HOME DEPOT CREDIT SERVICES THE SHERWIN WILLIAMS CO TOPECO PRODUCTS U S BANK VALLEY INDUSTRIAL SPECIALTIES VERIZON WIRELESS VISTA PAINT VORTEX INDUSTRIES INC WAXIE SANITARY SUPPLY WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY FEDEX JOHNSON EQUIPMENT COMPANY WIRED PAYMENTS DEEPNET SECURITY NATIONAL CI?? ?ATCORPQRAT813 . WARRANT REGISTER #22 11/28/2017 DESCRIPTION MEMBER/SUBSCRIPTION SVC FOR HOUSING MOP66556 OFFICE SUPPLIES /PW NBS GOVT - MILE OF CARS ANNUAL PACKAGING MATERIALS /HOME DELIVERED MEALS MOP75877 AUTOMOBILE SUPPLIES /PW JANITORIAL SUPPLIES FOR NUTRITION NOTARY SUPPLIES AND FILING/HED MOP 75943 AUTOMOBILE SUPPLIES PW TRAINING TUITION 24 HOUR PERISHABLE SKILL MOP 49078 AUTO SUPPLIES PW MOP 45703 AUTOMOBILE SUPPLIES / PW PLURALSIGHT PLUS SUBSCRIPTION / MIS FIRE STATION 33 SQUAD PROJECT MOP 75948 AUTO SUPPLIES PW COUNTY BUILDING RECORDS/HED MOP 80333 AUTO SUPPLIES / PW GAS & ELECTRIC UTILITIES / NUTRITION TRAINING TUITION CPT FIRST AID/ PD PUBLIC NOTICE - UNION TRIBUNE STREETS DIVISION GAS & ELECTRIC UTILITIES FOOD / NUTRITION CENTER TRAINING REIMB 24 HOUR PERISHABLE/PD REIMBURSEMENT FOR TINY TOTS / CSD MOP45756 - SUPPLIES FOR LITERACY DEPT MOP 63845 - BUSINESS CARDS HOME CONTRACT TBRA II/ HED MOP#45704 OFFICE SUPPLIES - LIBRARY MOP #61744/COMPUTER ACCESSORIES / MIS WASTEWATER DIVISION WATER BILL FY 2018 SWRCB REGISTRATION / ENG FOOD / NUTRITION CENTER / PWDEWALT 20-VOLT MAX LITHIUM ION CORDLESE MOP # 77816. PAINT SUPPLIES/ NSD MOP 63849 AUTO SUPPLIES / PW CREDIT CARD EXPENSES / CSD MOP 46453 ELECTRIC SUPPLIES PW VERIZON CELLULAR SERVICE SEPTEMBER 2017 MO P 68834 PAINTING SUPPLIES PW CITY WIDE ON SITE SERVICE & REPAIRS / PW MISCELLANEOUS JANITORIAL SUPPLIES / PW MOP 63850 PLUMBING SUPPLIES / PW CBTF 27U SERVER RACK FEDEX SHIPMENT / LIBRARY COMMAND VEHICLE SPECIFICATIONS DEEPNET SUPPORT RENEWAL CHK NO DATE AMOUNT 331827 11/28/17 224.00 331828 11/28/17 108.69 331829 11/28/17 2,027.48 331830 11/28/17 226.20 331831 11/28/17 36.44 331832 11/28/17 138.59 331833 11/28/17 121.88 331834 11/28/17 200.06 331835 11/28/17 221.96 331836 11/28/17 151.85 331837 11/28/17 185.92 331838 11/28/17 1,796.40 331839 11/28/17 14, 995.78 331840 11/28/17 130.00 331841 11/28/17 6.00 331842 11/28/17 358.82 331843 11/28/17 2,057.68 331844 11/28/17 92.00 331845 11/28/17 1,919.60 331846 11/28/17 8,061.41 331847 11/28/17 1,396.40 331848 11/28/17 101.76 331849 11/28/17 40.53 331850 11/28/17 60.92 331851 11/28/17 84.83 331852 11/28/17 25,061.00 331853 11/28/17 601.76 331854 11/28/17 1,391.45 331855 11/28/17 287.37 331856 11/28/17 484.00 331857 11/28/17 5,279.23 331858 11/28/17 537.67 331859 11/28/17 117.09 331860 11/28/17 378.94 331861 11/28/17 1,530.95 331862 11/28/17 109.31 331863 11/28/17 760.66 331864 11/28/17 690.87 331865 11/28/17 21,256.40 331866 11/28/17 2,115.87 331867 11/28/17 279.07 331868 11/28/17 1,067.37 331869 11/28/17 271.48 331870 11/28/17 32,325.40 A/P Total 314,835.23 73098 11/22/17 2,290.00 80 of 233 3/3 CALIFORNIA NATIONAL CITY WARRANT REGISTER #22 11/28/2017 PAYEE DESCRIPTION CHK NO DATE AMOUNT GRAND TOTAL $ 317,125.23 81 of 233 CC/CDC-HA Agenda 1/16/2018 — Page 82 The following page(s) contain the backup material for Agenda Item: Warrant Register #23 for the period of 11/29/17 through 12/05/17 in the amount of $4,226,710.79. (Finance) 82 of 233 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 16, 2018 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #23 for the period of 11/29/17 through 12/05/17 in the amount of $4,226,710.79. (Finance) PREPARED BY:Karla Apalategui, Accounting Assistant PHONE: 619-336-4572 DEPARTMENT: Finance APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 11/29/17 through 12/05/17. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor Check/Wire Dick Miller Inc 331891 Palm Engineering 331907 Project Professionals Corp 331910 City of San Diego 73134 Amount 217,009.96 388,237.51 152,294.23 1,230,416.00 Explanation Plaza Blvd. Widening "N" Ave Pjct Westside Mobility Imp. Project Westside Mobility Imp. Project Sewerage System 2nd Qtr 10/01 /17 — 12/31 /2017 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $4,226,710.79. APPROVED: `i/* t a FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Ratify warrants totaling $4,226,710.79 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register #23 83 of 233 CALIFORNIAF__ 1/3 PAYEE HAYS, K MCDANIEL, P WILLY BIETAK PRODUCTIONS INC ACME SAFETY & SUPPLY CORP ARJIS ATKINS NORTH AMERICA INC CALIFORNIA AIR COMPRESSOR CO CALIFORNIA ASSOCIATION OF CODE CALIFORNIA DIESEL COMPLIANCE CASTILLO, DANIEL CERTIFIED AIR CONDITIONING CHELIUS, A CIRCULATE SAN DIEGO COMMERCIAL AQUATIC SERVICE INC COUNTYWIDE MECHANICAL DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DANIELS TIRE SERVICE DATA TICKET INC DICK MILLER INC EXOS COMMUNITY SERVICES LLC EXOS COMMUNITY SERVICES LLC FAMILY HEALTH CENTERS GENERATIONS CONSTRUCTION LLC HUERTA JR, R JASMUND, D KTUA KWN REAL ESTATE INC LOPEZ, J MAINTEX INC MALLORY SAFETY & SUPPLY LLC NATIONAL CITY TROPHY NV5 INC O'REILLY AUTO PARTS ORTIZ, MARIO PALM ENGINEERING PENSKE FORD POWERSTRIDE BATTERY CO INC PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RANDALL LAMB ASSOCIATES INC REGENA P HEINRICH RELY ENVIRONMENTAL ROJAS JIMENEZ, FABIO S D COUNTY VECTOR CNTRL PROGRAM SAN DIEGO BEACH RIDES SAN DIEGO COUNTY ASSESSOR SCST INC SDG&E NATIONAL CI?? ?ATCORPQRAT813 . WARRANT REGISTER #23 12/5/2017 DESCRIPTION DIRECT DEPOSIT RETURNED / ACCOUNT CLOSED RETIREE HEALTH BENEFITS / DEC 2017 ICE RINK /CSD SUPPLIES FOR EL TOYON SCHOOL ZONE- PW FY 18 CONTRIBUTION FOR GRAFFITI TRACKER ALLEY DESIGN PROJECT AUTOMOBILE SUPPLIES PW MEMBERSHIP RENEWAL/HOUSING/IBARRA DPF SERVICE CLEAN ONLY DJ FOR A KIMBALL HOLIDAY 2 DAY EVENT / CSD HVAC SERVICES CITYWIDE / PW TRAINING REIMBURSEMENT FTO / PD ACTIVE TRANSPORTATION PLANNING CHEMICAL SUPPLIES / PW HVAC PREVENTATIVE MAINTENANCE / ENG LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST MO P76986 TIRES PW TICKET APPEALS JUNE 2017 / NSD PLAZA BLVD. WIDENING "N" AVE. PROJECT PROFESSIONAL SVCS/PROGRAM MANAGE / CSD PROFESSIONAL SVCS/PROGRAM MANAGE / CSD T&A#90232 FAMILY HEALTH CENTER T&A#90061 PARADISE VILLAGE M. TRAINING MILEAGE REIMBURSEMENT / ENG TRAINING MILEAGE REIMBURSEMENT / ENG GRANGER HALL PROJECT T&A#90197 1638 L AVENUE MILEAGE REIMBURSEMENT / ENG CITY WIDE JANITORIAL SUPPLIES / PW DRIVER GLOVE, LEATHER GLOVE / FIRE MOP 66556 OFFICE SUPPLIES/ENGINEERING SEWER RATE STUDY MO P75877 AUTO SUPPLIES PW REFUND / CITATION OVERPAYMENT WESTSIDE MOBILITY IMP. PROJECT R&M CITY VEHICLES FOR FY 2018 BATTERIES FOR FIRE VEHICLE WESTSIDE MOBILITY IMP. PROJECTS MOP# 45742. LAUNDRY SVC/NSD ECM COMMISSIONING PROJECT T&A#90253 1011 R AVENUE HAZARDOUS WASTE PICKUP / ENG AUDIO MANAGEMENT FOR A KIMBALL HOLIDAY MOSQUITO & VECTOR D. CONTROL BOB SLEIGH RENTAL FOR A KIMBALL HOLIDAY COUNTY RECORDS / NSD PED.& BIKE ENH FACILITIES DIVI; 84 of 233 ECTRIC UTILITIES CHK NO DATE AMOUNT 331871 12/5/17 600.00 331872 12/5/17 580.00 331873 12/5/17 11,500.00 331874 12/5/17 232.94 331875 12/5/17 1,292.22 331876 12/5/17 566.03 331877 12/5/17 120.67 331878 12/5/17 95.00 331879 12/5/17 295.00 331880 12/5/17 1,950.00 331881 12/5/17 7,425.94 331882 12/5/17 81.78 331883 12/5/17 969.52 331884 12/5/17 3,589.73 331885 12/5/17 48,976.00 331886 12/5/17 6,287.30 331887 12/5/17 3,799.76 331888 12/5/17 1,067.50 331889 12/5/17 163.71 331890 12/5/17 1,753.40 331891 12/5/17 217,009.96 331892 12/5/17 37,343.94 331893 12/5/17 2,810.26 331894 12/5/17 37,658.48 331895 12/5/17 1,307.21 331896 12/5/17 54.03 331897 12/5/17 10.16 331898 12/5/17 7,550.00 331899 12/5/17 100.00 331900 12/5/17 10.12 331901 12/5/17 855.09 331902 12/5/17 831.42 331903 12/5/17 38.82 331904 12/5/17 5,099.00 331905 12/5/17 216.46 331906 12/5/17 80.00 331907 12/5/17 388,237.51 331908 12/5/17 526.00 331909 12/5/17 1,308.13 331910 12/5/17 152, 294.23 331911 12/5/17 81.33 331912 12/5/17 6,175.00 331913 12/5/17 33.24 331914 12/5/17 4,802.84 331915 12/5/17 685.00 331916 12/5/17 730.74 331917 12/5/17 850.00 331918 12/5/17 18.00 331919 12/5/17 12,091.50 331920 12/5/17 47,368.53 2/3 CALIFORNIAF__ NATIONAL CI?? r T.CORPORAT8D . WARRANT REGISTER #23 12/5/2017 PAYEE DESCRIPTION CHK NO DATE AMOUNT SITEONE LANDSCAPE SUPPLY LLC MOP69277 LANDSCAPE SUPPLIES PW 331921 12/5/17 495.95 SOUTH BAY WINDOW & GLASS CO CITY WIDE AUTOMATIC DOOR REPAIRS 331922 12/5/17 1,906.39 SOUTHWEST SIGNAL SERVICE TRAFFIC SIGNAL MAINTENANCE / PW 331923 12/5/17 13,142.59 STAPLES BUSINESS ADVANTAGE MOP# 45704. OFFICE SUPPLIES/NSD 331924 12/5/17 217.37 STAPLES BUSINESS ADVANTAGE MOP #450704 OFFICE SUPPLIES / RISK 331925 12/5/17 24.61 STC TRAFFIC INC KIMBALL PARK PROJECT 331926 12/5/17 39,602.50 SUPERIOR READY MIX CONCRETE LP SUPPLIES FOR CROSS GUTTER - PW 331927 12/5/17 931.30 SWEETWATER AUTHORITY FACILITIES DIVISION WATER BILL FY 2018 331928 12/5/17 16,727.24 THE HOME DEPOT CREDIT SERVICES TOOL SUPPLIES FOR PARKS DIVISION 331929 12/5/17 525.12 THE SHERWIN WILLIAMS CO MOP# 77816. PAINT SUPPLIES/ NSD 331930 12/5/17 37.18 TODD PIPE & SUPPLY LLC CITY WIDE PLUMBING MATERIALS & PARTS / PW 331931 12/5/17 104.68 VALLEY INDUSTRIAL SPECIALTIES M OP 46453 ELECTRIC SUPPLIES PW 331932 12/5/17 87.62 ACEDO, I RETIREE HEALTH BENEFIT / DECEMBER 331933 12/5/17 160.00 ANDERSON, E RETIREE HEALTH BENEFIT / DECEMBER 331934 12/5/17 110.00 BEARD, P RETIREE HEALTH BENEFIT / DECEMBER 331937 12/5/17 70.00 BECK, L RETIREE HEALTH BENEFIT / DECEMBER 331938 12/5/17 140.00 BISHOP, R RETIREE HEALTH BENEFIT / DECEMBER 331939 12/5/17 110.00 BOEGLER, C RETIREE HEALTH BENEFIT / DECEMBER 331940 12/5/17 260.00 BULL, P RETIREE HEALTH BENEFIT / DECEMBER 331941 12/5/17 580.00 CARRILLO, R RETIREE HEALTH BENEFIT / DECEMBER 331942 12/5/17 290.00 COLE, L RETIREE HEALTH BENEFIT / DECEMBER 331943 12/5/17 165.00 COLLINSON, C RETIREE HEALTH BENEFIT / DECEMBER 331944 12/5/17 420.00 CONDON, D RETIREE HEALTH BENEFIT / DECEMBER 331945 12/5/17 280.00 CORPUZ, T RETIREE HEALTH BENEFIT / DECEMBER 331946 12/5/17 140.00 DANESHFAR, Z RETIREE HEALTH BENEFIT / DECEMBER 331947 12/5/17 250.00 DESROCHERS, P RETIREE HEALTH BENEFIT / DECEMBER 331948 12/5/17 110.00 DI CERCHIO, A RETIREE HEALTH BENEFIT / DECEMBER 331949 12/5/17 70.00 DIAZ, M RETIREE HEALTH BENEFIT / DECEMBER 331950 12/5/17 680.00 DILLARD, S RETIREE HEALTH BENEFIT / DECEMBER 331951 12/5/17 480.00 DREDGE, J RETIREE HEALTH BENEFIT / DECEMBER 331952 12/5/17 250.00 EISER III, G RETIREE HEALTH BENEFIT / DECEMBER 331953 12/5/17 250.00 FABINSKI, D RETIREE HEALTH BENEFIT / DECEMBER 331954 12/5/17 220.00 FIFIELD, K RETIREE HEALTH BENEFIT / DECEMBER 331955 12/5/17 540.00 GELSKEY, K RETIREE HEALTH BENEFIT / DECEMBER 331956 12/5/17 115.00 GIBBS JR, R RETIREE HEALTH BENEFIT / DECEMBER 331957 12/5/17 120.00 GISH, J RETIREE HEALTH BENEFIT / DECEMBER 331958 12/5/17 290.00 GONZALES, M RETIREE HEALTH BENEFIT / DECEMBER 331959 12/5/17 480.00 HANSON, E RETIREE HEALTH BENEFIT / DECEMBER 331960 12/5/17 135.00 HARLAN, M RETIREE HEALTH BENEFIT / DECEMBER 331961 12/5/17 500.00 HAUG, S RETIREE HEALTH BENEFIT / DECEMBER 331962 12/5/17 120.00 HERNANDEZ, R RETIREE HEALTH BENEFIT / DECEMBER 331963 12/5/17 400.00 HODGES, B RETIREE HEALTH BENEFIT / DECEMBER 331964 12/5/17 200.00 HONDO, E RETIREE HEALTH BENEFIT / DECEMBER 331965 12/5/17 110.00 IBARRA, J RETIREE HEALTH BENEFIT / DECEMBER 331966 12/5/17 780.00 JAMES, R RETIREE HEALTH BENEFIT / DECEMBER 331967 12/5/17 140.00 JUNIEL, R RETIREE HEALTH BENEFIT / DECEMBER 331968 12/5/17 50.00 KIMBLE, R RETIREE HEALTH BENEFIT / DECEMBER 331969 12/5/17 300.00 LANDA, A RETIREE HEALTH BENEFIT / DECEMBER 331970 12/5/17 155.00 LIMFUECO, M RETIREE HEALT CEMBER 331971 12/5/17 160.00 85 of 233 MATIENZO, M RETIREE HEALT CEMBER 331972 12/5/17 100.00 3/3 CALIFORNIAF__ NATIONAL CI?? ?ATCORPQRAT8D . WARRANT REGISTER #23 12/5/2017 PAYEE DESCRIPTION CHK NO DATE AMOUNT MC CABE, T RETIREE HEALTH BENEFIT / DECEMBER 331973 12/5/17 280.00 MEDINA, R RETIREE HEALTH BENEFIT / DECEMBER 331974 12/5/17 105.00 MINER, D RETIREE HEALTH BENEFIT / DECEMBER 331975 12/5/17 580.00 MYERS, B RETIREE HEALTH BENEFIT / DECEMBER 331976 12/5/17 140.00 OLIVARES, G RETIREE HEALTH BENEFIT / DECEMBER 331978 12/5/17 280.00 PAUU JR, P RETIREE HEALTH BENEFIT / DECEMBER 331979 12/5/17 340.00 PEASE JR, D RETIREE HEALTH BENEFIT / DECEMBER 331980 12/5/17 140.00 PETERS, S RETIREE HEALTH BENEFIT / DECEMBER 331981 12/5/17 290.00 POST, R RETIREE HEALTH BENEFIT / DECEMBER 331982 12/5/17 280.00 RAY, S RETIREE HEALTH BENEFIT / DECEMBER 331983 12/5/17 190.00 ROARK, L RETIREE HEALTH BENEFIT / DECEMBER 331984 12/5/17 135.00 RUIZ, J RETIREE HEALTH BENEFIT 1 DECEMBER 331985 12/5/17 310.00 SANCHEZ, L RETIREE HEALTH BENEFIT / DECEMBER 331986 12/5/17 330.00 SERVATIUS, J RETIREE HEALTH BENEFIT / DECEMBER 331987 12/5/17 340.00 SHORT, C RETIREE HEALTH BENEFIT / DECEMBER 331988 12/5/17 300.00 SMITH, J RETIREE HEALTH BENEFIT / DECEMBER 331989 12/5/17 320.00 STEWART, W RETIREE HEALTH BENEFIT / DECEMBER 331990 12/5/17 200.00 STRASEN, W RETIREE HEALTH BENEFIT / DECEMBER 331991 12/5/17 135.00 TIPTON, B RETIREE HEALTH BENEFIT 1 DECEMBER 331992 12/5/17 250.00 VERRY, L RETIREE HEALTH BENEFIT / DECEMBER 331993 12/5/17 280.00 VILLAGOMEZ, J RETIREE HEALTH BENEFIT / DECEMBER 331994 12/5/17 480.00 WHITE, J RETIREE HEALTH BENEFIT / DECEMBER 331995 12/5/17 230.00 DIAMOND ENVIRONMENTAL SVCS ONE 2-BASIN HAND WASH SINK / CSD 331996 12/5/17 737.99 ROYAL ENTERTAINERS KIMBALL HOLIDAY EVENT / CSD 331997 12/5/17 500.00 SUPER BIRTHDAY INC MINI EXPRESS TRAIN / CSD 331998 12/5/17 2,125.00 AIP Total 1,110,354.04 WIRED PAYMENTS CITY OF SAN DIEGO SEWERAGE SYSTEM 2ND QTR 10/01/17 - 12/31/17 73134 11/29/17 1,230,416.00 SECTION 8 HAPS Start Date End Date 11/29/2017 12/5/2017 887,641.26 PAYROLL Pay period Start Date End Date Check Date 25 11 /21 /2017 12/4/2017 12/13/2017 998,299.49 GRAND TOTAL $4,226,710.79 86 of 233 CC/CDC-HA Agenda 1/16/2018 — Page 87 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit Circus Vargas event sponsored by Circus Vargas from February 8, 2018 to February 19, 2018 at the Westfield Plaza Bonita Mall with no waiver of fees. (Neighborhood Services) 87 of 233 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 16, 2018 AGENDA ITEM NO. a ITEM TITLE: Temporary Use Permit — Circus Vargas event sponsored by Circus Vargas from February 8, 2018 to February 19, 2018 at the Westfield Plaza Bonita Mall with no waiver of fees. PREPARED BY: iDionisia Trejo UEPARTMENT Ne' PHONE: ,(619) 336-4255 APPROVED BY: EXPLANATION: Services Department This is a request from Circus Vargas to conduct the Circus Vargas event at Westfield Plaza Bonita Mall from February 8, 2018 to February 19, 2018. Set up for this event will commence at 8:00 a.m. February 6, 2018 on the west side parking lot of Plaza Bonita Mall. The show times will vary on dates from 12:30 p.m., 1 p.m., 4:00 p.m., 7:00 p.m., and 7:30 p.m. Each show lasts approximately 1 1/2 hours. This is a completely self-contained event in a traditional bia top circus with concessions. There are no performing animals, no rides, no games, no outside vendors and no alcohol. Vehicles are used for transportation of operations. There will be eight internal Security Guards and sufficient parking is available at the mall. Food will be prepared on -site in a trailer. Clean-up will be performed after each show. This event will end with its last show on Monday February 191" and will be dismantled by February 20, 2018. This event was approved by Council in 2016 & 2017 with no waiver of fees. FINANCIAL STATEMENT: .APPROVED: ACCOUNT NO. APPROVED: City fee of $237.00 for processing the TUP, plus $400.00 for the Fire Permits. Total fees: $637.00 ENVIRONMENTAL REVIEW: N/ ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. Finance MIS BOARD ! COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. 88 of 233 >? # / - 00j Type of Event City of National City • Neighborhood Services Department 1243 National City Boulevard ■ National City, CA 91950 (619) 336-4364: fax (619) 336-4217 www.nationalcityea.gov Special Event Application ❑ Fair/Festival ❑ Parade/March ❑■ TUP ❑ Sporting Event Event Name & Location Event Title Circus Vargas ❑ Walk or Run ❑ ConcertUPer#orman r-- ❑ Other (specify) RECEIVED NOV 04 2017 Neighbctl9ood Services Ciecartment City of Nation11 City Event Location (list all sites being requested) Westfield Plaza Bonita 3030 Plaza Bonita Road Event Times Set -Up Starts Sam Date 216118-217118 Time Event Starts 7;3opm Date 218118 Time Event Ends 9:30pm Date 2119/18 Time Breakdown Ends Date 2120/18 Time 2:OOpm Applicant Information Applicant (Your name) Angelina M Quevedo Event Coordinator (if different from applicant) Mailing Address 992 Blue Lantern Drive Day of Week Tue.-Wed. Day of Week Thursday Day of Week Monday Day of Week Tuesday Sponsoring Organization Tabares Ent. Inc Day Phone 281-570-5758 After Hours Phone Cell 281-570-5758 Fax Public Information Phone 1$77-g°t fun 1 E_mail www.Circusvargas.com Applicant agrees to investigate, defend, indemnify and hold harmless the City, its officers, employees arid agents from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges, expense (Including attorney's fees) and causes of action of any character which the City, its officers, employees and agents may incur, sustain or be subjected to on account of loss or damage to property or the loss of use thereof and for bodily injury to or death of any persons (including but not limited to the employees, subcontractors, agents and invitees of each party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any City premises under this agreement to the extent permitted by law. Applicant understands this TUP/special event may implicate fees for City services, which will have to be paid in the City's Finance Department 48 hours prior to the event set-up. The undersigned also understands and accepts the City's refund policy for application processing and facility use and that fees and charges are adjusted annually and are subject to chongw. Signature of Applicant Quev Date 11/2/17 89 of 233 Special Event Application(continued) :Please complete the following sections with as much detail as possible since fees aid requirements are 'based On the inforrriation you Provide us. Fees/Proceeds/Reporting Is your organization a "Tax Exempt, nonprofit" organization? Yes ❑ No ■❑ Are admission, entry, vendor or participant fees required? Yes El No ❑ if YES, please explain the purpose and provide amount (s): Tickets start at $15 and go to $72 $ 48,000 event. $ 15,000 Estimated Gross Receipts including ticket, product and sponsorship sales from this Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Description of Event ❑ First time event Returning Event ❑ include site map with application Note that this description may be published in our City Public Special Events Calendar: Circus Vargas is returning with an all new Circus Spectacular to National City February 8th thru February 19. Come and see the all NEW Production of Circus Vargas With amazing feats, incredible acrobats and thrilling stunts under the Big Top. Estimated Attendance Anticipated # of Participants: 500 per show Anticipated # of Spectators: 10,500 total 2 90 of 233 Traffic Control, Security, First Aid and Accessibilit Requesting to close street(s) to vehicular traffic? Yes 0 No El List any streets requiring closure as a result of the event (provide map): Date and time of street closure: Date and time of street reopening: ❑ Other (explain) Requesting to post "no parking" notices? Yes ❑ No [1 ❑ Requested 'No Parking" on city streets and/or parking Tots (list streets/parking lots) (provide map): ❑ Other (explain) Security and Crowd Control Depending on the number of participants, your event may require Police services. Please describe our Circus Vargas y procedures for both Crowd Control and Internal Security: travels with their own in house security. We are a family orientated show and we do not sell any alcoholic beverages and have been bringing Circus Vargas to National City for many years. Have you hired Professional Security to handle security arrangements for this event? Yes ❑ No ® If YES, name and address of Security Organization Security Director (Name): Phone: If usirg:the services of a profess vial security AND. the -event will. occur on City..property. please provide a copy of its .insurances rtifii;ate;,evidencing: lability with limits of at leest.$1 Won dollars per occ par ce $2 Million; do ,ag egate, as well ;as and additional insucedendorsetnent naming t eiCity t fable City its Officers, employees, and agents. as additional 'ineiurede . Evidence of InSi rtanee trust •be provided lay the. vendor or its insurer tb the ,C +'s Risk Manager tor review and apprimal.prior to the event.. Is this a night event? Yes IN No ❑ If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: The Circus Vargas Big Top has full illumination on top of the tent that covers all of the parking areas surrounding the Tent. 3 91 of 233 First Aid' Depending on the number of participants, your event may require specific First Aid services. First aid station to be staffed by event staff? Yes ■❑ No ❑ First aid/CPR certified? Yes 0 No ❑ ❑ First aid station to be staffed by professional company. ► Company Accessibility Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please see the attached Circus Vargas Packet for information. Elements of your Event Setting up a stage? Yes ❑ No ■❑ ❑ Requesting City's PA system ❑ Requesting City Stage; if yes, which size? 0 Dimensions (13)(28) 0 Dimensions (20x28) ❑ Applicant providing own stage Setting up canopies or tents? 1 (Dimensions) # of canopies size 147ft and # of tents size 53x33 ❑ No canopies/tents being set up Setting up tables and chairs? ❑ Furnished by Applicant or Contractor # of tables ! No tables being set up # of chairs I No chairs being set up ❑ (For City Use Only) Sponsored Events — Does not apply to co -sponsored events # of tables ❑� No tables being set up # of chairs 11 No chairs being set up Contractor Name Tabares Entertainment Inc 9 Contractor Contact Information92 Blue Lanatern Drive Henderson, NV 281-570-5758 Address City/State Phone Number 4 92 of 233 Setting up other equipment? ❑ Sporting Equipment (explain) 0 Other (explain) Bleachers [t Not setting up any equipment listed above at event Having amplified sound and/or music? Yes ® No ❑ ❑ PA System for announcements 0 CD player or DJ music ❑ Live Music ► ❑ Small 4-5 piece live band ► ❑ Large 6+ piece live band O Other (explain) if using live music or a DJ. ► Contractor Name Address City/State Phone Number Using lighting equipment at your event? Yes ❑ No❑ ® Bringing in own lighting equipment © Using professional lighting company ► Company Name Address City/State Using electrical power? Yes I No 0 O Using on -site electricity ❑ For sound and/or lighting RI Bringing in generator(s) ® For sound and/or lighting Phone Number ❑ For food and/or refrigeration O For food and/or refrigeration Veridor-Inforrnatio0 PLEASE NOTE: You may be required to apply for a temporary 'health .permit if food or beverages are seld of giiven. away during your special event. Also see 'Permits and Campllanoe' oh page $ in the Special Event Guide. For additional information on obtaining a temporary health permit, please contact the County of San Diego Environ. mental Health at (619) 338-2363. Having food and non-alcoholic beverages at your event? Yes ® No ❑ ❑ Vendors preparing food on -site o► # ► Business License # If yes, please describe how food will be served and/or prepared: Circus food in prepared on site and we have a yearly food permit. No Outside Vendors If you intend to cook food in the event area piease specify the method: ❑ GAS a ELECTRIC 0 CHARCOAL ❑ OTHER (Specify): ❑ Vendors bringing pre -packaged food G. # • Co Business License # ❑ Vendors bringing bottled, non-alcoholic beverages (i.e., bottled water, can soda, etc.) ► # ❑ Vendors selling food # ► Business License #(s) L1 Vendors selling merchandise # ► Business License #(s) 5 93 of 233 ■❑ Food/beverages to be handled by organization; no outside vendors ❑ Vendors selling services # I. Business License #(s) 1► Explain services In House Concessions ❑ Vendors passing out information only (no business license needed) # I. Explain type(s) of information L No selling or informational vendors at event Having children activities? Yes ❑� No ❑ PLEASE NOTE: In the event inflatable jumps are provided at the event, The City of National City requires commercial liability insurance with limits of at least $1 Million dollars per.occurrencel$2 Million dollars aggregate. In addition, the City of National City must be namedas an Additional Insured pursuant to a separate endorsement, which shall be provided by the vendor or its insurer to ttie City's Risk Manager, along with the Certificate of insurance, for approval prior to the event The application should be filed out at least one week pnor to the event There is a $25 fee to process the permit application. For questions or to obtain .a copy of the `Facility Use Application", please contact the Engineering/Public Works Department at (619) 336-4580 ❑. Inflatable bouncer house # 0 ElInflatable bouncer slide # 0 ❑ Rock climbing wall Height ❑ Arts & crafts (i.e., craft making, face painting, etc.) El Other Children are invited into the ring prior to the show to Team Circus Skills Having fireworks or aerial display? Yes ❑ No 0 ❑ Vendor name and license # Dimensions Duration Number of shells Max. size PLEASE NOTE: In the event fireworks or another aerial display is planned for your event, The City of National City requires commercial liability insurance with limits of at least $2 Million dollars per occurrence) $4 Million dollars aggregate. In addition, the City of National City must be named as an Additional Insured pursuant to a separate endorsement, which shall be provided by the vendor or its insurer to the City's Risk Manager along with the Certificate of Insurance, for approval prior to the event. Depending on the size and/or nature of the fireworks display, the City reserves the right to request higher liability limits. The vendor must also obtain a fireworks permit from the National City Fire Department and the cost is $502.00 Arranging for media coverage? Yes El No❑ © Yes, but media will not require special set-up ❑ Yes, media will require special set-up. Describe 6 94 of 233 Event Signage PLEASE NOTE For City sponsored or co -sponsored events, banners publicizing the event may be placed on the existing poles on the 1800 block and 3100 block of National City Boulevard. The banners must be made to the Ctty's specifications Please refer to the Cityy's Special Event Guidebook and Fee Schedule for additional information Are you planning to have signage at your event? Yes ❑ No Ei D Yes, we will post signage # 30 Dimensions 8.5 x 12 ❑ Yes, having inflatable signage # ❑ Yes, we will have banners # ► (complete Inflatable Signage Request forrn) ❑ What will signs/banners say? No smoking, Circus Entrance, Circus Exit, Circus Vargas Banners © How will signs/banners be anchored or mounted? To Fencing within our footprint attached by zip tie: Waste Management PLEASE NOTE One toilet for every 250 people is required, unless the applicant can show that there are sufficient facilities in the immediate area available to the public during the event Are you planning to provide portable restrooms at the event? Yes ❑I No ❑ If yes, please identify the following: ► Total number of portable toilets: 6 #- Total number of ADA accessible portable toilets: 2 ❑ Contracting with portable toilet vendor. ► United Site Services /��,� $ Company Phone ® Load -in Day & Time P. Load -out Day & Time 2120/1 B ❑ Portable toilets to be serviced. Time Daily Set-up, Breakdown. Clean-up Setting up the day before the event? ® Yes, will set up the day before the event. 0 No, set-up will occur on the event day Requesting vehicle access onto the turf? ► # of set-up day(s) 2 ❑ Yes, requesting access onto turf for set-up and breakdown (complete attached Vehicle Access Request form) • No, vehicles will load/unload from nearby street or parking lot. 7 95 of 233 r P. ES -Litter fence-. ® City to install litter fence ❑ Applicant to install litter fence ❑ N/A Breaking down set-up the day after the event? !❑ Yes, breakdown will be the day after the event. ► # of breakdown day(s) ❑ No, breakdown will occur on the event day. How are you handling clean-up? ❑ Using City crews ❑ Using volunteer clean-up crew during and after event. O Using professional cleaning company during and after event. Miscellaneous Please list anything important about your event not already asked on this application: Please make a copy of this application for your records. We do not provide copies. 8 96 of 233 CAu€oR aS N e. Special Event Information Special Events Pre -Event Storm Water Compliance Checklist Name of Special Event: Circus Vargas Event Address: 3039 Plaza Bonita Rd Event Host/Coordinator: Angelina Quevedo Expected # of Attendees: 5O0 per show Phone Number: 281-570-5758 1I. Storm Water Best Management Practices (BMPs) Review YES NO N/A Will enough trash cans provided for the event? Provide number of trash bins: 10 X Will enough recycling bins provided for the event? Provide number of recycle bins: 4 Will all portable toilets have secondary containment trays? (exceptions for ADA compliant portable toilets) Do all storm drains have screens to temporarily protect trash and debris from entering? 1 i Are spill cleanup kits readily available at designated spots? l * A Post -Event Storm Water Compliance Checklist will be completed by City Staff 9 97 of 233 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. Theinsurance company issuing the insurance policy must have a A.M. Best's Guide Rating of A:VII and that the insurance company is a California admitted company; if not, then the insurance policy to the issuance of the permit for the event. The Certificate Holder must reflect: City of National City Risk Management Department 1243 National City Boulevard National City, CA 91950 Organization: Tabares Entertainment Inc DBA Circus verges Person in Charge of Activity: Angelina M Quevedo General Manager 992 Blue Lantern Drive Address: Telephone: Date(s) of Use: HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant: Qa,104,64 Official Title: General Manager Date: 11 /6/17 For Office Use Only Certificate of Insurance Approved Date 10 98 of 233 SOW Plata'Rods Road Melo 2076 dal City, CA 61050 Telephone: a1 a m67 each+ November er 3, 2017 City ofNational City Building & Safety Department 243 National City Boulevard National City, California 91950.4301 Re: Temporary Use Permit Tabares Entertainment (Circus Vargas) -- Westfield Plaza Bonita To whom it may concern: 1 hereby authorize Angelina Quevedn, acting as representative of Tabora' brat lua., to operate a business known as Cif= Vargas in parking lot 41 at Westfield PIM Htmlta during the dates of Febrt3ary 6,201E—February 20,2018. Angelina Quevedv has pennission to install temporary power to poles in parkkg Jot #1 to provide power during aie teiponiry use time if adequate power is not already m place. Angela Quevedo will obtain all necessary. permits from National City tar occupancy a# Wrafied Plan Please feel freoic► call me if you have any questions at 619267,2850. Sincerely, moral leads 99 of 233 Circus Vargas 2018 National City Plaza Bonita Dates: ShowTime's and Set up schedule Location Westfield Plaza Bonita 3030 Plaza Bonita Rd, National City, CA 91950 T 619.267,2650 Requested Dates February 8th to February 19th, 2018 2 Set Up Days 11 performing Days Showtime finalize by Katya on 10-30-17 Day Date Schedule Notation Showttrnts Tuesday Feb 6th Will enter property at 1:00 a.m. No Performance Wednesday Feb 7th Setup Day No Performance Thursday Feb 8th Opening Night • 7:30 p.m. Friday Feb 9' 4:30 & 7:30 p.m. Saturday Feb 10th 1:00-4:00 & 7:30 p.m. Sunday Feb 11th 12:30-3:30 & 6:30 p.m. Monday Feb 12th 7:00 p.m. Tuesday Feb 13* No Performance Wednesday Feb 14th 7:00 Thursday Feb 15th .p.m. 7:00 p.m. Friday Feb 16th 7:30 p.m. Saturday Feb 17th 1:00-4:00 & 7:30 p.m. Sunday Feb 18th 12:30-3:30 & 6:30 p.m. _ Monday Feb 19t . PresIdv ;' Day Teardown of the circus will begin after the show. 3:00 & 6:30 p.m. _ Tuesday Feb 20th - Circus will vacate property before 8:00 a.m. - Cleanup crew will finish cleaning the lot around 12:00 noon - All rented equipment, e.g., restrooms, fencing and dumpster, will be picked up before 12:00 noon • Angelina Quevedo - Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: Aquevedo@circusvargas.com 100 of 233 STEAM CIRQUE Circus Vargas 2018 National City Plaza Bonita Contact info of managers on site during the event - Angela Quevedo: 281-570-5758 (General Manager) - Alberto Marinelli: 818-602-1271(Production Manager) Andrea Bac iyski:206-rh9-1459 (Office Manager) - Stoyan Bachliyski: 206-799-7937 (Operation Manager) Show info: LENGTH OF SHOW; Approximately one and one-half hours EXPEJXTED ATTENDANCE: 300 — 500 per show SEATING CAPACITY OF TENT: 1,250 NO GAME OF CHANCE NO MECHANICAL RIDES NO PERFORMING ANIMALS NO PYRO OR OPEN FLAME ARE USED DURING THE SHOW NO ALCOHOL IS SOLD OR SERVED NO OUTSIDE CONTRACTED VENDORS Circus Management provides in-house security guards. Managements carries radios and cell phone in case of 911 Emergency. Circus Vargas is completely setf contained. The show has a two generator system with an emergency battery backup. If the main generator shuts down, the backup generator will be turn on but all emergency lighting will remainrunning with the battery backup system. A source of water is usually provided to the Circus by the venue on which the Circus conducts business, if not the Circus will rent a Water meter from the city. Circus Vargas rents porta-potties from a local sanitation companies. Circus Vargas is a family show and attracts primarily families, in-house security is normally sufficient to provide appropriate crowd control. The security use radios to communicate with each other and can use cell phones to contact local law enforcement if the need exit. Angelina Quevedo Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: Aquevedo@cercusvargas.cam 101 of 233 1J f STEM CIRQ Circus Vargas 2018 National City Plaza Bonita Circus Vargas Cleanup & Recycling Plan Circus Vargas does not hire or contact with outside vendors or temporary workers. All staffing will be with workers that travel with the show. The staff is currently trained on proper sanitary and clean-up procedures. There is a staff of 25 people and while some people are working throughout the day, all of them are present from one hour before the first show of the day until after the show is over and clean-up is completed. Since the nature of a circus limits the areas in which the public travels, the major portion of the clean up will he in a limited area. Plus, there are a very limited amount of food items sold. Staff continuously cleans up the entrance are throughout the time the show is open to the public so trash does not remain on the ground. Trash is cleaned up after each performance inside the tent. And, once each day, trash will be picked up in the parking area, which is expected to be minimal since most people consume items early in the show and are unlikely to bring trash back to their car, A trash dumpster will be contracted for placement on the grounds. Several trash cans are avail- able for public use in the circus entrance area. We will also have bins in which people can put recyclable items, However, due to the nature of our operation, most people buy their food products and take them immediately into the tent where they sit down. They normally let their trash fall through the bleachers, where we clean it up after each show. Since soda's any water are served in plastic bottles and cans, our staff will put those, along with appropriate paper products into the recycle bins and transport them to an appropriate recycling facility or make arrangements with the dumpster company for their removal. I hope that I have provided you with all the information needed to approve this plan. If you have any questions please call me at 281-570-5758 and I will be happy to assist you. Angelina Quevedo - Tabares Entertainment, Inc. 992 Blue Lantern Dr, Henderson, NV 89015 Phone: 281-57D-5758 E-Mail: Aquevedo@circusvargas.corn 102 of 233 SPZAM OKI Circus Vargas 2018 National City Plaza Bonita Circus Vargas Security Plan Since Circus Vargas is a family show and attracts primarily families, in-house security has been sufficient to provide appropriate crowd control. Since there is nothing to see other than the show itself, there are no people just loitering in the area. Crowds come at show time, enter the enclosed midway area and take their seats. After the show there is nothing else to see so they exit to their cars. Many of the things that attract or encourage trouble or the necessity for police intervention will not be present at Circus Vargas. Alcohoi will not be sold or served and there are no games of chance or mechanical rides. While a carnival attracts ages 12-22, a prime age for those who cause trouble, Circus Vargas primarily attracts children of elementary school ages or younger along with their parents and grandparents. Circus Vargas has its own security team consisting 8 uniformed (unarmed) security personnel (includes one head of security). The uniforms consist of matching Circus Vargas shirts and pants. This low key approach to security maintains the atmosphere of family fun. If requested, the security team can wear uniforms that identify them as security. All security will be scheduled one hour before each performance and stay Thirty minutes after the performance. Security personal will be stationed both inside and outside the tent as well as next to the ticket booth. Security Personnel will have access to walkie-talkies for communications been themselves in addition to eail phones that can be used to call additional personnel as well as local police or fire, if it becomes necessary. In addition to the security officers, a closed circuit video security system monitors the inside of the ticket booth, where *money is ha*±dled, as well as the midway area and the area in front of ire ticket booth. This video system is attached to a recording device that can be used to have a record of events. Further, the layout of the Circus Vargas tent has more exists than are required by California State Codes and the total number of feet on those exists also exceeds state requirements. Angelina auevedo -Tabares Entertainment, Inc. 992 Blue lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: Aquevedo@circusva rgas.com 103 of 233 q M CIRQUE Circus .Vargas 2018 National City Plaza Bonita Detail Lot Plan view in 2017 New location Lot Flan Far View Angelina Quevedo -Tabares Entertainment, Inc. 992 Biue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: Aquevedo@dreusvareas.com 104 of 233 STEAM CIRQUE Circus Vargas 20.18 National City Plaza Bonita Detail Lot Plan Angelina Quevedo -Tabares Entertainment, inc. 992 Sine Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E•Mail: Aouevedo@circusvargas.com 105 of 233 STEAM CIRQ Circus Vargas 2018 National City Plaza Bonita ADA Angelina Quevedo - Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281.-570-5758.E-Mail: Auuevedo@circusvareas.com 106 of 233 - A Circus Vargas 2018 National City Plaza Bonita ADA Seating Circus Vargas Ringside Box Seating Performance isrr - 48.4 Entrance an Ji L 1 4 Ring C lb 3 gi, 4 11 0, ...-- ; D 1 LI I VIP Seating Iso" M FIGF... ....t - a 41. 1/':-, 3 2 3 # i 2 g 2 3 al II It t Main Entrance 0 9. a Angelina Quevedo Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: '-quevedo@circusvareas.com s Performance 107 of 233 Circus Vargas 201€ National City Plaza Bonita Hearing Listning Devices Circus Vargas is equipped with 4 Hearing Listing Devices. These devices are trarnissiting through a wireless FM Receiver. Thease are avaiable at the box office upon request. Angelina Quevedo - Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: AquevedoOcircusvareas.com 108 of 233 Circus Vargas 2018 National Cite Plaza Bonita EO3 Specifications Overall System Performance: Frequency response: 100 Hz -10KHz ± 3 dB Signal-to-noise ratio: 60 dB Total Harmonic Distortion: < 0.5% RF Carrier Frequencies: Eight factory preset channels between 72-76 MHz ,Channel AA: 72.1, BB: 72.3, CC: 72.5, DD: 72.7 ,EE: 72.9, FF: 75.5, GG: 75.7, HH: 75.9 Frequency stability: Better than .005% iViodulation: FM ± 75 KHz Operating range Up to 300 feet Tine -of -sight E03 TTransmitter line Input Connector: One 1/4" phone jack, Impedance: 100 K Ohms, unbalanced. Mic input : Connector: One 1/4" phone jack Impedance: low impedance, unbalanced, with 9 VDC at 1 mA for condenser niic. Power Output: 80,000 µV @ 3 meters Controls: Power On/Off, audio input gain adjust Indicators: Power On LED, Audio Modulation "TX" LED Antenna: Permanently mounted telescoping whip Power requirement: 9 VDC regulated, @ 200 mA, AC-EO3 adapter provided Dimensions:1.25" H, 8.25" W, 4.25" D (3.175 x 20.9 x 10.8 cm) Weight:18.2 oz. (500 g.) E03-r Receiver Controls: Combination volume/on-off wheel Audio Output 100 MW max into 16 Ohms Connectors: 3.5 mm mini jack for earbuds output Earphones: Binaural EB-3 earbuds with optional -use EMI soft rubber inserts Antenna: Integral with earbucs cord indicators: LED power on indicator Sensitivity: 2,µV for 12 dB Sinad with squelch defeated, Squelches at 10 µV for min. 50 dB S-N ratio Mute Threshold: 8-10 µV Power requirement: 9V carbon zinc or alkaline battery Battery Iife: 17-20 hours with alkaline battery; 10-12 hours with carbon zinc battery Dimensions: 3.35" H, 2.75" W, .75" D (8.5 x 6.5 x 2.25 cm) Weight: 2.65 oz. without battery (73 g Angelina Quevedo - Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: Aquevedo@circusvarras.com 109 of 233 rrr ..a:ryvaayi: .i EAM. 1IQ Circus Vargas 2018 National City Plaza Bonita a.+aaa.au.d mob..... 0 c* Ee5sa a 11 t foam Fire Information lloreovet Taieia fire Lane Circus Vargas Tent l47-feet Round ie 3ia4'8 $ p rizr ew..e.�se.er ihWrFYAYu Eatratax ill UM cp sr. % x ie T+tectt Track 464, grit .4C=3 l Trust g Truck ' CGU'1.11 VARGAS GENERIC LOTIAV017 SPed&larva Now bto4d5edfat the bards. abase &tshow issdup. Tblesheui is provided tain'Wt mike Vends§ ma apprisslasstelrt natMestsbbeastup. west" b e14 aed Ram a Wad i[fdsted pa ail seed osier PI) tr add ie laekc asdR IptlptAed bysista! eempser Angelina Quevedo - Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: Aquevedogadreusvar tas.com 110 of 233 • STEAM CIRQUE ; Circus Vargas 2018 National City Plaza Bonita PiTttirtgr Trailers fire tine Circus Vargas Tent 1474 et Round Emaniesty ent u a,.r..m.r..q,�Me. �_ ar P9taA s v..,. RRI L xr. j tgsraotwww Tawas Twat J Tont I i Omotossal Totem Tttrnoato fray Snit* I lifock T rlInkI OW 41.10 CORC't's VARGAS Omar for i.hY01.11 inay Re otodned#Vattomato * the stow kaata . tat* is poddedtnai ttbe t#'daPit trnsalreo apeadoilm a ono=tobeseemp. 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Th...P+ tracime 2E1 *w atheism ever Imams s�1th"aaa�aaia�nq #4a mvp3 AnsaOma5rr codtAss GOCRATIM SOUPIER- ELICTRWAL PLAN- Ovuusend Plod 3a.t a emit kora 5-= rugs. 1.-42unif431-3;3rF Ksfrolholukag tinuaters.. Timv aaippfEpteaairturffrFW s wrd Vra. IVA? stew 3/4 wIreiiihrwpanefittrrIS/S wfruz ilumgemout OIREatigerszent Moisousweitt Wien MatuttPtootallofors razor 411041111210ED maybe vacated psr Ttris Is kessuissi geRSI Taxi w whine etraSozOrm The ea sale isedaperalantofe sew mod ,aaeentnin aniline , g s_ 3iplinge faes3eres *Oh ca a lode ends um twig ae wow fa= alit er eeifistadbmion Ivaaas.. Cie amine -Eabeten/nein= at 3tift Irem thallium Plasma ratio- Wets Buizittime Etupann Stir Gamma? Spada= Angelina Quevedo Tabares Entertainment, Inc. 992 Blue Lantern Dr. Henderson, NV 89015 Phone: 281-570-5758 E-Mail: Aquededoicircus►rarras_com 114 of 233 Circus Vargas 2018 National City Plaza Bonita !‘, ouns rtfriv:kr.P.I &kik rtenTr73'.Un OFFICE OF Da. STAIE FM' FP*510,1 REGISTERED FLAW'. REE77,5'Sj'74,NT PRODUCT E. di • r 11•44..qt,o 114. fraltfla$4 .91,31-1 Itt, tr-Ir 217.3* CD: Marx i"4- 4," • - rf • , - ove. ; f f.- KitAttr. '40 • t • •;.•La• ye • 09. li9.1.5 • 0,(• .34, 1 44 AI VritYolliTP F.v4 444 11 1 4e4i10.4.79 4'99 =4,1t !MAW %UM, .444 Veri-iN. •: 9.444 r•A- . • og co-'20 2eif. Angelina Quevedo Tabares Entertainment, Inc. 992 Blue Lantern Dr_ Henderson, NV 89015 Phone: 281-570-5758 E-mail: Aquevedoecircusvargas.corn 115 of 233 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Tabares Ent. Inc. EVENT: Circus Vargas DATE OF EVENT: February 8, 2018 thru February 19, 2018 APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] NEIGHBORHOOD SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 Building No comment from Building - Circus is a self-contained tent, with a primary and a backup generator. Fire will perform Public Fire Safety inspections. Planning No comments Engineering No comments POLICE DEPARTMENT The police department does not have any stipulations for this event. We will notify the on -duty patrol teams to provide extra patrol during their unobligated time. CITY ATTORNEY Approved on condition that Risk Manager approves. 116 of 233 COMMUNITY SERVICES No involvement NEIGHBORHOOD SERVICES Neighborhood Notifications — Events are required to notify residents and/or businesses of the surrounding impacted areas by the event. The notice shall include the name of the event, name and phone number of the company/organization producing the event, the dates and times of the event (including set-up and breakdown) and a detailed description of how the residents and/or businesses may be affected, such as by street closures, "No Parking" signs being posted, music at the event, etc. RISK MANAGER (619) 336-4370 I have reviewed the above captioned request to for the issuance of a Temporary Use Permit I. would recommend that as a condition of the issuance of the permit that the following documents be provided: • A valid copy of the Certificate of Liability Insurance. • The applicant must provide a separate additional insured endorsement wherein it notes as the additional insured as "The City of National City, its officials, agents, employees and volunteers". • That the insurance policy must have a combined single limit of no Tess than $1,000,000.00 (ONE MILLION DOLLARS) and $2,000,000.00 (TWO MILLION DOLLARS) in aggregate that would cover the date and location of the event • That the insurance company issuing the insurance policy must have a A.M. Best's Guide Rating of A:VI1 and that the insurance company is a California admitted company; if not then insurance policy must be submitted to the Risk Management Department for review and approval prior to the Issuance of the Temporary Use Permit. • The Certificate Holder must reflect: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA. 91950-4301 PUBLIC WORKS (619)366-4580 No involvement 117 of 233 FINANCE Circus Vargas needs to renew their business license. FIRE (619) 336-4550 INSPECTION REQUIRED Total fee amount for all Fire Department permits is four hundred ($400.00) dollars. Fees can only be waived by City Council Stipulations required by the Fire Depaitment for this event are as follows: 1) Access to the Circus Vargas to be maintained at all times. 2) Fire Department access into and through the booth areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not Tess than 20 feet and an unobstructed vertical clearance of not Tess than 13 feet 6 inches 3) Exit signs shall be provided at all required exits. Exit signs shall be green in color (National City Municipal Code) and either self illuminating or electrical with a 90 minute back-up power. 4) Fire Hydrants shall not be blocked or obstructed. 5) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 6) Vehicles in roadway are to move immediately -to the right upon approach of emergency vehicle(s). 7) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved California State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Fees can only be waived by the City Council. Canopies: 118 of 233 0 — 400 sf - $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 801 — 700 sf - $400,00 Tents: 0 —200 sf - $200.00 201 — (+) sf - $400.00 8) Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides and shall not be located within 10 feet of amusement rides or devices 9) 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. Ail fire extinguishers to have a current State Fire Marshal Tag attached. 10) Fire extinguishers to be mounted in a visible location between 3Wto 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. All fire extinguisher to have a current State Fire Marshal Tag attached. 11) Emergency generators and standby power systems shall be installed, tested, and maintained in accordance with NFPA 110 and NFPA 101, Standard for Emergency and Standby Power Systems. 12) A fire safety inspection is to be conducted by the Fire Department prior to operations of the carnival to include all rides, cooking areas, game booths, etc. Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($200,00) dollars. Fee is to be paid to ttie Fire Department Administration offices under separate permit. Fee is to be paid prior to event. 13) No smoking signs to be posted. 14) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as 'Temporary Wiring" only. 15) Fees can only be waived by City Council. 119 of 233 CC/CDC-HA Agenda 1/16/2018 — Page 120 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the City Manager to execute a real property Purchase and Sale Agreement and Joint Escrow Instructions for the sale of property located at 130 East 8th Street in National City to Prote 120 of 233 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 16, 20181 AGENDA ITEM NO. ITEM TITLE: ;Resolution of the City Council of the City of National City authorizing the City Manager to execute a real property Purchase and Sale Agreement and Joint Escrow instructions for the sale of property located at 130 East 8th Street in National City to Protea National City, LLC.! PREPARED BY: .Greg Rose DEPARTMENT: Hoising and Econ. Dev. PHONE: '619-336-4266 APPRO 0 BY: EXPLANATION (The City owns certain rear property ("Property') located at 130 East 8th Street in National City. The Property was designated as a site for future development by the Revised Long Range Property Management Plan approved by the State of California Department of Finance for properties previously owned by the Successor Agency to Community Development Commission of the City of National City as the National City Redevelopment Agency. IDNP Holdings, LLC ("Developer") responded to the Downtown National City Smart Growth Request for Proposals ("RFP") issued by the City on March 15, 2017. A copy of the Developer's proposal is attached to the Purchase and Sale Agreement as Exhibit B. The City selected the Developer's proposal through the RFP process and entered into an Exclusive Negotiating Agreement with the Developer on June 20, 2017, The Developer has agreed to purchase the Property for the appraised value of $520,000 and construct the proposed protect described in the Developer's proposal and has formed Protea National City, LLC as the entity that will purchase and hold title to the Property. The sale of the Property is subject to the execution of a Compensation Agreement between the affected taxing entities.j FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: ~ l Finance APPROVED: MIS Subject to the 'execution of a Compensation Agreement with the Affected Taxing Entitfes (ATEs), net proceeds from the sale of the property will be distributed among the ATEs as required by Health and Safety Code Section 34188. The City will receive 18% of net proceeds from the distribution. ENVIRONMENTAL REVIEW: (Approval of the property transfer is not a "Project' under section 15378 of the California Environmental Quality Act ("CEQA") guidelines because the proposed action consists of an administrative activity that will not result in direct or indirect •h sical changes to the environment. ORDINANCE: INTRODUCTION: FINAL ADOPTION: rl STAFF RECOMMENDATION: !Adopt the Resolution. BOARD f COMMISSION RECOMMENDATION: jrtla ATTACHMENTS: 1. Purchase and Sale Agreement including RFP Proposal and Project Description ("Exhibit B") 2, Resolution 121 of 233 Attachment No. 1 PURCHASE AND SALE AGREEMENT (East 8th Street and B Avenue) THIS PURCHASE AND SALE AGREEMENT (East 8th Street and B Avenue) (this "Agreement") dated as of the day of January, 2018, by and between the City of National City ("Seller"), and Protea National City, LLC, a California limited liability company ("Purchaser"). RECITALS A. Seller owns the fee interest in that certain real property generally located at East 8th Street and B Avenue, with an address of 130 East 8th Street in the City of National City, County of San Diego, California, which is legally described on Exhibit A attached hereto and made a part hereof (the "Property"). B. Seller and Purchaser desire: (i) for Seller to sell the Property to Purchaser at fair market value, and for Purchaser to purchase the Property from Seller; and (ii) for Purchaser to develop the Property by constructing the project substantially as described on Exhibit B attached hereto and made a part hereof ("Project"). C. Seller agrees to sell the Property to Purchaser for an amount equal to its current fair market value of Five Hundred Twenty Thousand and No/100 Dollars ($520,000.00) (the "Purchase Price") (which is the fair market value of the Property as determined by that certain appraisal dated October 6th, 2017, performed by Brad C. Woodall, MAI). The Purchase Price shall be payable by Purchaser to Seller in cash at Closing. D. Seller's sale of the Property to Purchaser and Purchaser's purchase of the Property and construction of the Project on the Property pursuant to the terms of this Agreement, are in the vital and best interest of the City of National City and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements under which the redevelopment of the Project has been undertaken. AGREEMENT FOR GOOD AND VALUABLE CONSIDERATION, the receipt and adequacy of which are acknowledged, Purchaser and Seller hereby agree as follows: 1. Effectiveness of Agreement and Purchase and Sale. (a) Effectiveness of Agreement. This Agreement shall be effective and binding upon all parties hereto concurrently with the last to occur of the following (the "Effective Date"): (i) this Agreement has been duly executed by Purchaser and delivered by Purchaser to Seller; (ii) this Agreement has been formally approved by resolution of the Seller's board; and (iii) this Agreement has been duly executed by Seller and delivered by Seller to Purchaser. Under no circumstances will this Agreement be effective before all of the preceding have occurred. 1 122 of 233 Attachment No. 1 (b) Purchase and Sale of the Property. In consideration of the mutual covenants set forth in this Agreement, and on the terms and conditions set forth herein, Seller agrees to sell the Property to Purchaser, and Purchaser agrees to purchase the Property from Seller on the terms and conditions set forth herein. Purchaser is purchasing the Property "As -Is" and without warranty. At Closing, Seller shall convey to Purchaser title to the Property by recordation of the Grant Deed. The Escrow Agent shall issue the Title Policy (as defined below) to the Purchaser at Closing. 2. Definitions. As used in this Agreement, the following terms shall have the following meanings: "Agreement" means this Purchase and Sale Agreement between the Seller and the Purchaser. "Business Day" means any day other than a Saturday, Sunday or any other day on which Purchaser or Escrow Agent is not open for business. In the event any date, deadline or due date set forth in this Agreement falls on a day that is not a Business Day, then such deadline or due date shall automatically be extended to the next Business Day. "Close" or "Closing" means the close of Escrow as provided herein, which shall occur on the Closing Date. "Closing Date" means the close of Escrow as provided herein, which shall be one (1) Business Day after the latest of: (i) the date all of the Conditions Precedent for the Benefit of the Seller have been satisfied; and (ii) the date all of the Conditions Precedent for the Benefit of the Purchaser have been satisfied. The Closing shall occur on or before September 1st, 2018. Purchaser, in its sole and absolute discretion, shall have the right to accelerate the Closing Date prior to the issuance of the building permit/s for the Project, provided the Conditions Precedent for the Benefit of the Seller have been satisfied, provided the Conditions Precedent for the Benefit of the Seller have been satisfied. "Conditions Precedent for the Benefit of the Seller" shall have the meaning set forth in Section 5 of this Agreement. "Conditions Precedent for the Benefit of the Purchaser" shall have the meaning set forth in Section 6 of this Agreement. "Deposit" shall have the meaning set forth in Section 3(a) of this Agreement. "Due Diligence Period" means the period of time commencing on the Effective Date and ending at 5:00 p.m. Pacific time on March 1st, 2018. "Effective Date" is as defined in Section 1(a) of this Agreement, which may or may not be the date this Agreement was executed and delivered by the Seller or the Purchaser. 123 of 233 Attachment No. 1 "Escrow" means the escrow depository and disbursement services to be performed by Escrow Agent pursuant to the provisions of this Agreement. "Escrow Agent" means Carla Burchard at Stewart Title Company, 7676 Hazard Center Drive, Suite 1400, San Diego CA 92108. "Grant Deed" means a duly executed and acknowledged grant deed conveying fee simple title to the Property from Seller to Purchaser. "Hazardous Materials" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California or the United State Government. Provided, however, the term "Hazardous Materials" shall not include substances typically used in the ordinary course of developing, operating and maintaining apartment complexes in California or small amounts of chemicals, cleaning agents and the like commonly employed in routine household uses in a manner typical of occupants in other similar properties, provided that such substances are used in compliance with applicable laws. "Immediately Available Funds" means a bank wire transfer or a certified bank or cashier's check. "Permitted Exceptions" means (i) the printed exceptions and exclusions in the Title Policy; (ii) the exceptions to title set forth in Schedule B to the Title Report (as defined in Section 4(c) below) which are approved by Purchaser in writing, or deemed approved by Purchaser, as provided in Section 4(c) below; (iii) real property taxes and assessments which are a lien but not yet payable; (iv) any title exceptions caused, consented to or preapproved by Purchaser; and (v) all applicable building, zoning and use restrictions and/or regulations of any municipality, township, county or state; (vii) defects that would be shown by an inspection or by a survey of the Real Property; and (viii) any reserved oil, water and/or mineral rights. "Project" means the development project described on Exhibit B attached hereto, which the Purchaser intends to construct at the Property. Seller acknowledges and agrees that, notwithstanding anything to the contrary contained in this Agreement, Purchaser shall have the right, in its sole and absolute discretion, and at its sole cost and expense, to utilize the California government code sections 65915-65918 and any cross referenced and chaptered bills for the purposes of adapting the project to market conditions. "Property" means that certain real property generally located at East 8th Street and B Avenue, with an address of 130 East 8th Street in the City of National City, County of San Diego, California, which is legally described on Exhibit A attached hereto and made a part hereof. "Purchase Price" shall have the meaning set forth in Section 3 of this Agreement. "Purchaser" means Protea National City, LLC, a California limited liability company. "Seller" means the City of National City. 124 of 233 Attachment No. 1 "Title Policy" means a CLTA Owner's Policy of Title Insurance in the amount of the Purchase Price, insuring that title to the fee interest in the Property is vested in the Purchaser subject only to the Permitted Exceptions, which Title Policy shall be obtained through the Escrow Agent. Seller shall pay the cost of the CLTA Owner's Policy of Title Insurance. Purchaser shall pay the cost of any endorsements it desires. Purchaser may obtain an ALTA Owner's Policy of Title Insurance in which event Purchaser shall pay the cost difference between the cost of the ALTA Owner's Policy of Title Insurance and the cost of a CLTA Owner's Policy of Title Insurance. 3. Purchase Price. The purchase price for the Property shall be Five Hundred Twenty Thousand and No/100 Dollars ($520,000.00). Provided, however, if the Purchaser for whatever reason, does not to construct the alley closure and pocket park substantially as described on Exhibit B, hereto, then the Purchaser, in its reasonable discretion, shall allocate an amount not to exceed One Hundred Thousand and No/100 Dollars ($100,000.00) and use these monies for the enhancement of the public realm between the bounds of the Property and behind the limits of the curb face of 8th Street, B Street, and 9th Street respectively (the "Enhancement"). The Enhancement may include, but not be limited to providing street furniture, parklets, public art, awnings or street lighting. The Municipal review process for approving how the Enhancement funds are apportioned shall be separate and independent from the review process for the Project and shall in no way delay the forward progression of the Project development within the bounds of the Property. (a) Deposit. Purchaser shall make a deposit into Escrow of Immediately Available Funds in the amount of Five Thousand and No/100 Dollars ($5,000.00) (the "Deposit") within three (3) Business Days of the Effective Date. The Deposit shall be refundable until the expiration of the Due Diligence Period. If the Purchaser elects to terminate this Agreement prior to expiration of the Due Diligence Period, as set forth in Section 4, below, then upon receipt of written notice from the Seller and the Purchaser, the Escrow Agent shall return the Deposit to the Purchaser, plus any interest earned thereon. Provided, however, all fees and costs charged by the Escrow Agent shall be paid one-half (1/2) by the Seller and one-half (1/2) by the Purchaser. (b) LIQUIDATED DAMAGES. THE DEPOSIT SHALL BE REFUNDABLE TO THE PURCHASER AS MAY BE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. IF ESCROW FAILS TO CLOSE AS A RESULT OF PURCHASER'S DEFAULT HEREUNDER, THE SOLE REMEDY OF THE SELLER SHALL BE TO TERMINATE THIS AGREEMENT BY GIVING WRITTEN NOTICE THEREOF TO PURCHASER AND ESCROW AGENT, WHEREUPON THE SELLER SHALL RETAIN THE DEPOSIT(S) AND ALL INTEREST THEREON AS LIQUIDATED DAMAGES (AND, THE SELLER WAIVES ANY RIGHT TO SPECIFICALLY ENFORCE THIS AGREEMENT SET FORTH IN CALIFORNIA CIVIL CODE SECTION 1680 OR 3389); PROVIDED, HOWEVER THAT ANY AMOUNTS DEPOSITED BY THE PURCHASER INTO ESCROW WHICH EXCEED THE DEPOSIT, SHALL BE RETURNED BY THE ESCROW AGENT TO THE PURCHASER (EXCEPT TO THE EXTENT NECESSARY TO PAY THE PURCHASER'S SHARE OF ANY ESCROW FEES AND COSTS). THEREAFTER, NO PARTY HERETO SHALL HAVE ANY FURTHER LIABILITY OR OBLIGATION TO ANY OTHER PARTY HERETO EXCEPT FOR: (i) THE SELLER'S RIGHT TO RECEIVE AND RETAIN SUCH LIQUIDATED DAMAGES; (ii) THE 4 125 of 233 Attachment No. 1 OBLIGATION OF THE PURCHASER TO PAY AMOUNTS INTO ESCROW TO PAY THE FEES AND COSTS OF ESCROW; (iii) THE INDEMNITIES SET FORTH IN THIS AGREEMENT; AND (iv) ATTORNEYS' FEES. THE PARTIES HERETO ACKNOWLEDGE AND AGREE THAT THE SELLER'S ACTUAL DAMAGES IN THE EVENT OF PURCHASER'S DEFAULT HEREUNDER ARE UNCERTAIN IN AMOUNT AND DIFFICULT TO ASCERTAIN, AND THAT SUCH AMOUNT OF LIQUIDATED DAMAGES IS REASONABLE UNDER THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1671 ET SEQ., CONSIDERING ALL OF THE CIRCUMSTANCES EXISTING ON THE DATE HEREOF INCLUDING, WITHOUT LIMITATION, THE RELATIONSHIP OF SUCH AMOUNT TO THE RANGE OF POTENTIAL HARM TO THE SELLER THAT CAN REASONABLY BE ANTICIPATED AND THE ANTICIPATION THAT PROOF OF ACTUAL DAMAGES RESULTING FROM SUCH DEFAULT WOULD BE COSTLY AND INCONVENIENT. EACH PARTY HERETO SPECIFICALLY CONFIRMS THE ACCURACY OF THE FOREGOING AND THE FACT THAT SUCH PARTY HAS BEEN REPRESENTED BY COUNSEL WHO EXPLAINED THE CONSEQUENCES OF THIS LIQUIDATED DAMAGES PROVISION. THE PROVISIONS OF THIS SECTION 3(B) SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. (c) Purchaser's Remedies. If the Closing and the consummation of the transactions herein contemplated do not occur by reason of any default by Seller under this Agreement, or if prior to Closing any one or more of Seller's representations or warranties are breached in any material respect and Purchaser was not aware of such breach of such representations and warranties prior to the end of the Due Diligence Period, then, Purchaser shall elect, as its sole remedy, to: (i) waive said failure or breach and proceed to the Closing; or (ii) terminate this Agreement by giving Seller written notice of such election prior to the Closing Date and recover from: (A) Escrow Agent and/or Seller, the entire Deposit and interest then held by Escrow Agent and/or Seller; and (B) Seller, Purchaser's Third -Party Expenses (as defined below), not to exceed $5,000.00; or (iii) enforce specific performance; provided, however, as conditions precedent to Purchaser's right to enforce specific performance against Seller (including the filing of a lis pendens or other claim or lien against the Property), all of the following must first have occurred: (A) a suit for specific performance must be filed by Purchaser in a proper court in the county in which the Property is located by the 15th day following the scheduled Closing Date; (B) Purchaser must have either deposited with Escrow Agent the Purchase Price, or provided Seller with clear documentary evidence that Purchaser has immediately available liquid funds in an amount sufficient to fund the Purchase Price; and (C) Purchaser must have fully performed all of its material obligations under this Agreement necessary to permit the Closing to occur in accordance with the terms of this Agreement and waived all closing conditions for Purchaser's benefit. Purchaser hereby waives any and all rights Purchaser may have to obtain specific performance and to file a lis pendens or any other claim or lien against the Property unless and 126 of 233 Attachment No. 1 until the express conditions precedent set forth above in this clause (iii) have been satisfied. For purposes hereof, "Purchaser's Third Party Expenses" shall mean the actual out-of- pocket expenses incurred by Purchaser and paid to (1) Purchaser's attorneys in connection with the negotiation of this Agreement, (2) unrelated and unaffiliated third party consultants in connection with the performance of examinations, inspections and/or investigations pursuant to Section 4, and/or (3) potential lenders as non-refundable commitment fees and other amounts in connection with acquisition financing for the Property. IN NO EVENT SHALL (X) SELLER HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY CLAIM, CAUSE OF ACTION OR OTHER LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PROPERTY, WHETHER BASED ON CONTRACT, COMMON LAW, STATUTE, EQUITY OR OTHERWISE, AND/OR (Y) SELLER'S DIRECT OR INDIRECT PARTNERS, SHAREHOLDERS, MEMBERS, OWNERS OR AFFILIATES, ANY OFFICER, DIRECTOR, EMPLOYEE OR AGENT OF THE FOREGOING, OR ANY AFFILIATE OR CONTROLLING PERSON THEREOF (COLLECTIVELY, THE "SELLER PARTIES") HAVE ANY LIABILITY FOR ANY CLAIM, CAUSE OF ACTION OR OTHER LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PROPERTY, WHETHER BASED ON CONTRACT, COMMON LAW, STATUTE, EQUITY OR OTHERWISE. (d) Delivery of Remainder of Purchase Price into Escrow. Not less than one (1) Business Day prior to the Closing Date, the Purchaser shall cause Immediately Available Funds to be delivered to the Escrow Agent in an amount equal to the Purchase Price, minus the Deposit and any interest earned on the Deposit, and plus or minus any adjustments for prorations and expenses required under this Agreement. (e) Disbursement to the Seller. Immediately after the Closing, the Escrow Agent shall disburse to the Seller the funds that the Seller is entitled to receive hereunder. 4. Due Diligence. (a) Due Diligence Period. At any time during the Due Diligence Period, the Purchaser may determine in the Purchaser's sole and absolute discretion, whether to proceed with the purchase of the Property. During the Due Diligence Period, the Purchaser may terminate this Agreement for any reason or for no reason at all by delivering written notice of such termination to the Seller and Escrow Agent on or before the last day of the Due Diligence Period. After expiration of the Due Diligence Period, the Purchaser's right to terminate this Agreement for any reason, or for no reason at all, shall expire and the Deposit shall become nonrefundable. If this Agreement is terminated during the Due Diligence Period, then: (i) all rights and liabilities of the Purchaser and the Seller with respect to this Agreement shall immediately terminate, except for rights and liabilities that specifically survive such termination; (ii) Escrow Agent shall return to the Purchaser all funds or other things deposited in Escrow by the Purchaser, less any fees and costs charged by the Escrow Agent for which Purchaser is liable under this Agreement; and (iii) Escrow Agent shall return to the Seller all funds or other things 127 of 233 Attachment No. 1 deposited in Escrow by the Seller. On or prior to the Effective Date, Seller shall deliver to Purchaser (or made available to Purchaser electronically via website drop box or other account) and copies of those documents listed on Exhibit C attached hereto ("Property Information"). All of such Property Information delivered to, made available to, copied and/or reviewed by Purchaser pursuant to this Section 4(a) shall sometimes be referred to herein as the "Property Documents". (b) Access to the Property. During the Due Diligence Period and during normal business hours, upon not less than twenty-four (24) hours advance notice to the Seller, Purchaser and its representatives, consultants and attorneys shall have access to the Property solely for the purpose of conducting visual, non-invasive inspections of the Property. Purchaser shall cause each of its contractors entering the Property to maintain not less than One Million Dollars ($1,000,000.00) commercial liability insurance coverage covering such entry, shall provide evidence of such insurance to Seller upon request, and defend and shall indemnify the Seller and the Seller's agents and employees and the Property from and against, and shall hold the Seller, the Seller's agents and employees and the Property harmless from, any actions, losses, costs, damages, claims and/or liabilities, including but not limited to, mechanics' and materialmen's liens and attorney fees, proximately caused by the actions of Purchaser and/or its contractors or agents upon the Property. The Purchaser shall repair any damage caused to the Property by the Purchaser or its agents, employees or contractors. The Purchaser shall not permit any mechanic's, materialman's, contractor's, subcontractor's or other lien arising from any work done by the Purchaser or its agents pursuant to this Agreement to stand against the Property. If any such lien shall be filed against the Property, the Purchaser shall cause the same to be discharged or bonded by payment, deposit, bond or otherwise, within ten (10) days after actual notice of such filing. The Purchaser's obligations under this Section 4(b) shall survive the termination or expiration of this Agreement. Notwithstanding anything to the contrary contained in this Section 4(b), if Purchaser desires to do any invasive testing at the Property, the Purchaser may do so only after obtaining Seller's prior written consent to the same, which consent may be withheld or granted on conditions in Seller's sole and absolute discretion. . The Purchaser shall promptly restore the Property to the condition the Property was in immediately prior to any such tests, at the Purchaser's sole cost and expense. Prior to any invasive testing, the Purchaser shall provide the Seller with a complete set of plans, drawings and specifications ("Invasive Testing Plans") that define to the sole satisfaction of the Seller the invasive testing to be performed on the Property and the names of all environmental and other consultants, contractors and subcontractors who will be performing such invasive testing (collectively "Purchaser's Consultants"). The Purchaser shall deliver the names of the Purchaser's Consultants and the Invasive Testing Plans to the Seller concurrently with its request to the Seller that the Purchaser desires to perform invasive testing. (c) Title. Purchaser's obligation to purchase the Property is contingent upon Purchaser's approval of all matters affecting title to or use of the Real Property (collectively, "Title Matters"). The intent of this Section 4(c) is to allow the parties to have certainty regarding the condition of title and the Title Matters which are acceptable to the Purchaser. The procedure set forth in this Section 4(c) shall not affect or otherwise limit the Purchaser's right to terminate this Agreement for any reason or no reason at all as set forth in Section 4, above. Seller shall use commercially reasonable efforts to cause the Title Company to deliver to Purchaser within three 7 128 of 233 Attachment No. 1 (3) Business Days of the Effective Date, a current preliminary title report for the Real Property and, to the extent possible, legible copies of all documents referred to therein ("Title Report"). Purchaser shall have ten (10) Business Days thereafter, to approve or object to any items disclosed by the Title Report. If Purchaser does not give written notice to Seller of Purchaser's approval or disapproval of any items disclosed by the Title Report within said time period, then Purchaser shall be deemed to have approved the items disclosed by the Title Report. If Purchaser gives written notice to Seller of Purchaser's disapproval of any items disclosed by the Title Report within said time period and Seller does not give written notice to Purchaser within five (5) Business Days thereafter of either: (i) Seller's elimination of or agreement to eliminate those disapproved matters prior to the close of Escrow; or (ii) Seller's agreement to provide at Seller's sole expense such title insurance endorsements relating thereto as are acceptable to Purchaser in Purchaser's sole discretion prior to the close of Escrow (each, a "Cure Notice"), then this Agreement shall terminate immediately, unless Purchaser affirmatively agrees in writing within five (5) Business Days thereafter that this Agreement will remain in full force and effect and that the previously disapproved items disclosed by the Title Report are approved by Purchaser. If the Title Company issues a supplemental title report prior to the close of Escrow showing additional exceptions to title ("Title Supplement"), Purchaser shall have five (5) Business Days from the date of receipt of the Title Supplement and a copy of each document referred to in the Title Supplement in which to give Seller written notice of disapproval as to any additional exceptions; provided, however, Purchaser may not disapprove any exceptions that were contained in the original Title Report or are otherwise Permitted Exceptions. Purchaser's failure to deliver any such written notice of disapproval of the Title Supplement within such five (5) Business Day period shall be deemed to mean that Purchaser has approved all such additional exceptions. If Purchaser disapproves any additional exception shown in the Title Supplement, then Purchaser and Seller will have the same rights and obligations set forth above in this Section regarding Purchaser's original review and approval of the Title Report. Notwithstanding the foregoing, Seller shall cause all Title Matters which are mechanics' liens or deeds of trust to be eliminated as exceptions to title on the Title Policy at Seller's sole expense prior to the close of Escrow, and shall not record any documents against the Property from and after the Effective Date without Purchaser's prior written consent. 5. Conditions Precedent for the Benefit of the Seller. The Seller's obligation to Close shall be conditioned upon the satisfaction or emailed or written waiver by the Seller of all of the conditions precedent ("Conditions Precedent for the Benefit of the Seller") set forth in this Section 5. Any of the Conditions Precedent for the Benefit of the Seller may be waived by the Seller unilaterally; and if so waived, such conditions shall be of no further effect hereunder. Any such waiver shall be effective only if the same is expressly waived by Seller by either: (i) email from the Seller to the Purchaser and Escrow Agent; or (ii) in a writing signed by the Seller and delivered to the Purchaser and Escrow Agent. If the Conditions Precedent for the Benefit of the Seller set forth in this Section 5 are not satisfied by the deadlines or expressly waived, the Seller (provided the Seller is not in default hereunder) may provide emailed or written notice of the Seller's conditional termination of this Agreement to the Purchaser and Escrow Agent. After receipt of such notice of conditional termination, the Purchaser shall have ten (10) Business Days to cure any non -satisfaction of a condition or other default specified in the notice of conditional termination. If such matter remains unsatisfied or the default remains uncured after the expiration of such ten (10) Business Day period, then this Agreement Instructions shall terminate 8 129 of 233 Attachment No. 1 at the close of business on such tenth (loth) Business Day. In the event of termination of this Agreement (and by operation of law the Escrow) pursuant to this Section 5, then: (w) as set forth in the liquidated damages provision of Section 3(b), above, all rights and liabilities of the Purchaser and the Seller with respect to this Agreement shall immediately terminate except those which specifically survive such termination; (x) Escrow Agent shall deliver the Deposit and all interest thereon to the Seller and shall return to the Seller all funds or other things deposited in Escrow by the Seller; (y) Escrow Agent shall return to the Purchaser all funds or other things deposited in Escrow by the Purchaser, less the Deposit and all interest thereon, and less all fees and costs charged by the Escrow Agent. Notwithstanding the preceding clause (w) of this Section 5, in the event of termination of this Agreement pursuant to this Section 5, the Seller and the Purchaser shall cooperate with one another, execute all documents reasonably necessary and take all reasonable steps as may be required by Escrow Agent in order to accomplish the purposes of this Section 5. The Conditions Precedent for the Benefit of the Seller are: (a) Purchaser making the Deposit into Escrow, as set forth in Section 3(a), above. (b) The delivery by the Purchaser into Escrow, at least one (1) Business Day prior to Closing of Immediately Available Funds equal to the Purchase Price (less the Deposit and plus or minus expenses and prorations) as required by Section 3(c) above. (c) The delivery by the Purchaser into Escrow at least one (1) Business Day prior to Closing of all other documents and instruments required by this Agreement or reasonably required by Escrow to complete the Closing. (d) Purchaser not being in default of any of its representations or warranties under this Agreement, or any other material terms or conditions related to Purchaser, and all of the Purchaser's representations and warranties under this Agreement being true and correct as of the Closing Date. (e) As of the Closing Date, the Purchaser has not made an assignment for the benefit of creditors, filed a bankruptcy petition, been adjudicated insolvent or bankrupt, petitioned a court for the appointment of any receiver of, or trustee for, the Purchaser, or commenced any proceeding relating to the Purchaser under any reorganization, arrangement, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction, whether now or later in effect. (f) Seller, using its best commercially reasonable efforts, having entered into a "compensation agreement" binding upon all taxing authorities having an interest in the Property, which is acceptable to the Seller in its sole discretion, by not later than February 15, 2018. Seller acknowledges and agrees that, notwithstanding anything to the contrary contained in this Agreement, Purchaser shall have the right, in its sole and absolute discretion, and at its sole cost and expense, to utilize California government code sections 65915-65918 and any cross referenced and chaptered bills for the purposes of adapting the project to market conditions. 130 of 233 Attachment No. 1 6. Conditions Precedent for the Benefit of the Purchaser. The Purchaser's obligation to Close shall be conditioned upon the satisfaction or emailed or written waiver by the Purchaser of all of the conditions precedent ("Conditions Precedent for the Benefit of the Purchaser") set forth in this Section 6. Any of the Conditions Precedent for the Benefit of the Purchaser may be waived by the Purchaser unilaterally; and if so waived, such conditions shall be of no further effect hereunder. Any such waiver shall be effective only if the same is expressly waived by email from the Purchaser to the Seller and Escrow Agent or in writing signed by the Purchaser and delivered to the Seller and Escrow Agent. If the Conditions Precedent for the Benefit of the Purchaser are not satisfied by the deadlines set forth in this Section 6 or expressly waived, the Purchaser (provided the Purchaser is not in default hereunder) may provide emailed or written notice of the Purchaser's conditional termination of this Agreement to the Seller and Escrow Agent. After receipt of such notice of conditional termination, the Seller shall have ten (10) Business Days to cure any non -satisfaction of a condition or other default specified in the notice of conditional termination. If such matter remains unsatisfied or the default remains uncured after the expiration of such ten (10) Business Day period, then this Agreement shall terminate at the close of business on such tenth (loth) Business Day. In the event of termination of this Agreement (and by operation of law the Escrow) pursuant to this Section 6, then: (w) the same shall be a default by the Seller; (x) Escrow Agent shall return to the Seller all funds or other things deposited in Escrow by the Seller; (y) Escrow Agent shall upon receipt of unilateral notice from the Purchaser, return to the Purchaser all funds or other things deposited in Escrow by the Purchaser; and (z) all fees and costs charged by the Escrow Agent shall be paid by the Seller. Purchaser is not waiving any default by the Seller and nothing contained in this Section 6, including, without limitation, the immediately foregoing sentence shall be a waiver of any right of Purchaser to recover damages from the Seller for any default by Seller hereunder. Notwithstanding the foregoing clause (w) of this Section 6, in the event of termination of this Agreement pursuant to this Section 6, the Purchaser and the Seller shall cooperate with one another, execute all documents reasonably necessary and take all reasonable steps as may be required by Escrow Agent in order to accomplish the purposes of this Section 6. The Conditions Precedent for the Benefit of Purchase are: (a) The deposit by the Seller into Escrow at least one (1) Business Day prior to Closing of the Grant Deed, duly executed and acknowledged, conveying fee simple title to the Property to the Purchaser. (b) The deposit by the Seller into Escrow at least one (1) Business Day prior to Closing of the Assignment, duly executed, conveying title to the Personal Property to the Purchaser. (c) The deposit by Seller into Escrow at least one (1) Business Day prior to Closing of a duly executed affidavit in the form prescribed by federal regulations that Seller is not a foreign person and is a "United States Person" as such term is defined in Section 7761(a)(30) of the Internal Revenue Code of 1986, as amended. (d) The deposit by Seller into Escrow at least one (1) Business Day prior to Closing of a duly executed California Form 593(c) or other evidence that withholding of any portion of 10 131 of 233 Attachment No. 1 the Purchase Price is not required by the Revenue and Taxation Code of California with respect to Seller. (e) The deposit by the Seller into Escrow at least one (1) Business Day prior to Closing of all additional documents and instruments as are reasonably required by the Escrow Agent to complete the Closing. (f) The Escrow Agent is prepared and obligated to issue the Title Policy in Purchaser's favor, upon the recordation of the Grant Deed and there are no exceptions to the Title Policy, except for the Permitted Exceptions. (g) Seller not being in default of any of its representations or warranties under this Agreement, or any other material terms or conditions related to Seller, and all of Seller's representations and warranties under this Agreement being true and correct as of the Closing Date. (h) Seller acknowledges that as at date of this Agreement, the Project has passed the Seller's third -party conformance review, attached here as Exhibit C, and Seller anticipates that the Project as currently described on Exhibit B will not be subject to discretionary review, provided, however, a final determination cannot be made until the project plans are submitted to the Seller's building department. Nothing contained herein shall be construed to be a waiver by the Seller of its right to review the Project's building plans for the purposes of conformance with California Building Code requirements. 7. Representations, Warranties and Covenants; Waivers and Releases. When making the representations and warranties set forth in this Section 7, each party making a representation and/or warranty represents that the same are true, correct and complete as of the date hereof and shall be and are true, correct and complete as of the Closing Date. The representations and warranties shall survive the Closing for a period of three (3) months. (a) Representations and Warranties Regarding Authority. The Seller and the Purchaser each hereby represents and warrants to the other that this Agreement and all documents or instruments executed by them which are to be delivered at or prior to the Closing are, or on the Closing Date will be, duly authorized, executed and delivered by the Seller or the Purchaser, as applicable. (b) Representations and Warranties Regarding Enforceability of Agreement. The Seller and the Purchaser each hereby represents and warrants to the other that this Agreement and all documents required hereby to be executed by them shall be valid, legally binding obligations of, and enforceable against, the Seller or the Purchaser, as applicable, in accordance with their terms. (c) Representations and Warranties Pertaining to Legal Matters. The Seller hereby represents and warrants to the Purchaser that: (1) The Seller is the sole owner of the fee title interest to the Real Property. 11 132 of 233 Attachment No. 1 (2) To the current actual knowledge of Seller, there is no pending or threatened proceeding in eminent domain or otherwise involving the Property, which would materially adversely affect the Property, or any portions thereof. (d) Seller Representations and Warranties Pertaining to Options. As of the Effective Date, Seller hereby represents and warrants to the Purchaser that no person has any option or right of first refusal to purchase Seller's interest in the Property or any parts thereof. (e) Knowledge of Seller. For purposes of this Section 5, Seller's "knowledge" shall mean only the actual personal knowledge of Brad Raulston and City of National City Property Agent Greg Rose as of the Effective Date, and Seller's "written notice" shall only mean notices sent to the attention of Brad Raulston and City of National City Property Agent Greg Rose. The foregoing does not imply and shall not be deemed to require Seller's independent investigation. Without limiting the generality of the foregoing, Purchaser shall be solely responsible for determining the condition of the Property and all aspects regarding the fees, charges and assessments relating to the Property. (f) Seller Representations and Warranties Regarding Discovery of New Information. The Seller hereby represents and warrants to the Purchaser that if the Seller discovers any information or facts prior to Closing that would materially change any of the foregoing representations and warranties or cause any of the foregoing representations and warranties to be untrue or misleading in any respect, the Seller will promptly give the Purchaser notice of those facts and information. (g) AS IS CONDITION. PURCHASER HEREBY ACKNOWLEDGES, REPRESENTS, WARRANTS, COVENANTS AND AGREES THAT AS A MATERIAL INDUCEMENT TO SELLER TO EXECUTE AND ACCEPT THIS AGREEMENT AND IN CONSIDERATION OF THE PERFORMANCE BY SELLER OF ITS DUTIES AND OBLIGATIONS UNDER THIS AGREEMENT THAT, EXCEPT FOR SELLER'S EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 7 OF THIS AGREEMENT, THE SALE OF THE PROPERTY HEREUNDER IS AND WILL BE MADE ON AN "AS IS, WHERE IS" BASIS, SELLER HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT, FUTURE OR OTHERWISE, OF, AS TO, CONCERNING OR WITH RESPECT TO THE PROPERTY, INCLUDING BUT NOT LIMITED TO: (1) THE EXISTENCE OF HAZARDOUS MATERIALS OR MOLD UPON THE PROPERTY OR ANY PORTION THEREOF; (2) GEOLOGICAL CONDITIONS, INCLUDING, WITHOUT LIMITATION, SUBSIDENCE, SUBSURFACE CONDITIONS, WATER TABLE, UNDERGROUND WATER RESERVOIRS, LIMITATIONS REGARDING THE WITHDRAWAL OF WATER AND FAULTING; (3) WHETHER OR NOT AND TO THE EXTENT TO WHICH THE PROPERTY OR ANY PORTION THEREOF IS AFFECTED BY ANY STREAM (SURFACE OR UNDERGROUND), BODY OF WATER, FLOOD PRONE AREA, FLOOD PLAIN, FLOODWAY OR SPECIAL FLOOD HAZARD; (4) DRAINAGE; (5) SOIL CONDITIONS, 12 133 of 233 Attachment No. 1 INCLUDING THE EXISTENCE OF INSTABILITY, PAST SOIL REPAIRS, SOIL ADDITIONS OR CONDITIONS OF SOIL FILL, OR SUSCEPTIBILITY TO LANDSLIDES, OR THE SUFFICIENCY OF ANY UNDERSHORING; (6) USES OF ADJOINING PROPERTIES; (7) THE VALUE, COMPLIANCE WITH THE PLANS AND SPECIFICATIONS, SIZE, LOCATION, AGE, USE, DESIGN, QUALITY, DESCRIPTION, DURABILITY, STRUCTURAL INTEGRITY, OPERATION, TITLE TO, OR PHYSICAL OR FINANCIAL CONDITION OF THE PROPERTY OR ANY PORTION THEREOF, OR ANY RIGHTS OR CLAIMS ON OR AFFECTING OR PERTAINING TO THE PROPERTY OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, WHETHER OR NOT THE IMPROVEMENTS COMPLY WITH THE REQUIREMENTS OF TITLE III OF THE AMERICANS WITH DISABILITIES ACT OF 1990, 42 U.S.C. §§ 12181-12183, 12186(B) - 12189 AND RELATED REGULATIONS; (8) THE PRESENCE OF HAZARDOUS MATERIALS IN OR ON, UNDER OR IN THE VICINITY OF THE PROPERTY; (9) THE SQUARE FOOTAGE OF THE PROPERTY OR THE IMPROVEMENTS THEREON; (10) IMPROVEMENTS AND INFRASTRUCTURE, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE ROOF, FOUNDATION, FIXTURES, AND PERSONAL PROPERTY, IF ANY; (11) DEVELOPMENT RIGHTS AND EXTRACTIONS; (12) WATER OR WATER RIGHTS; (13) THE DEVELOPMENT POTENTIAL FOR THE PROPERTY; (14) THE ABILITY OF PURCHASER TO REZONE THE PROPERTY OR CHANGE THE USE OF THE PROPERTY; (15) THE ABILITY OF PURCHASER TO ACQUIRE ADJACENT PROPERTIES; (16) THE EXISTENCE AND POSSIBLE LOCATION OF ANY UNDERGROUND UTILITIES; (17) THE EXISTENCE AND POSSIBLE LOCATION OF ANY ENCROACHMENTS; (18) WHETHER THE IMPROVEMENTS ON THE PROPERTY WERE BUILT, IN WHOLE OR IN PART, IN COMPLIANCE WITH APPLICABLE BUILDING CODES; (19) THE STATUS OF ANY LIFE -SAFETY SYSTEMS IN THE IMPROVEMENTS ON THE PROPERTY; (20) THE CHARACTER OF THE NEIGHBORHOOD IN WHICH THE PROPERTY IS SITUATED; (21) THE CONDITION OR USE OF THE PROPERTY OR COMPLIANCE OF THE PROPERTY WITH ANY OR ALL PAST, PRESENT OR FUTURE FEDERAL, STATE OR LOCAL ORDINANCES, RULES, REGULATIONS OR LAWS, BUILDING, FIRE OR ZONING ORDINANCES, CODES OR OTHER SIMILAR LAWS; AND/OR (22) THE MERCHANTABILITY OF THE PROPERTY OR FITNESS OF THE PROPERTY FOR ANY PARTICULAR PURPOSE (PURCHASER AFFIRMING THAT PURCHASER HAS NOT RELIED ON SELLER'S SKILL OR JUDGMENT TO SELECT OR FURNISH THE PROPERTY FOR ANY PARTICULAR PURPOSE, AND THAT SELLER MAKES NO WARRANTY THAT THE PROPERTY IS FIT FOR ANY PARTICULAR PURPOSE). NOTWITHSTANDING THE FOREGOING OR ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT, SELLER IS NOT RELEASED FROM ANY LIABILITY TO PURCHASER FOR FRAUD OR BREACH OF ANY EXPRESS COVENANT, REPRESENTATION OR WARRANTY SET FORTH IN THIS AGREEMENT. PURCHASER ACKNOWLEDGES THAT AS OF THE EXPIRATION OF THE DUE DILIGENCE PERIOD, PURCHASER SHALL HAVE COMPLETED ALL PHYSICAL AND FINANCIAL EXAMINATIONS RELATING TO THE ACQUISITION OF THE PROPERTY HEREUNDER (IT BEING ACKNOWLEDGED AND AGREED THAT PURCHASER SHALL BE DEEMED TO HAVE INSPECTED EACH APARTMENT UNIT WITHIN THE 13 134 of 233 Attachment No. 1 PROPERTY) AND WILL ACQUIRE THE SAME SOLELY ON THE BASIS OF SUCH EXAMINATIONS AND THE TITLE INSURANCE PROTECTION FOR THE PROPERTY AFFORDED BY THE TITLE POLICY. PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION PROVIDED OR TO BE PROVIDED WITH RESPECT TO THE PROPERTY WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT THE SELLER HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, AND SUBJECT TO SELLER'S EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 7 OF THIS AGREEMENT. SELLER SHALL NOT BE LIABLE FOR ANY NEGLIGENT MISREPRESENTATION OR FAILURE TO INVESTIGATE THE PROPERTY NOR SHALL SELLER BE BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS, APPRAISALS, ENVIRONMENTAL ASSESSMENT REPORTS, OR OTHER INFORMATION PERTAINING TO THE PROPERTY OR THE OPERATION THEREOF, FURNISHED BY SELLER, OR ANY REAL ESTATE BROKER, AGENT, REPRESENTATIVE, EMPLOYEE, SERVANT OR OTHER PERSON ACTING ON SELLER'S BEHALF EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 7 OF THIS AGREEMENT. IT IS ACKNOWLEDGED AND AGREED THAT THE PROPERTY IS SOLD BY SELLER AND PURCHASED BY PURCHASER SUBJECT TO THE FOREGOING. PURCHASER HEREBY ACKNOWLEDGES AND AGREES THAT PURCHASER IS FULLY AWARE OF THE AGE OF THE PROPERTY, THAT OVER TIME VARIOUS EVENTS MAY HAVE OCCURRED ON THE PROPERTY WHICH EVENTS MAY BE TYPICAL AND/OR ATYPICAL OF EVENTS OCCURRING TO OTHER PROPERTIES OF SIMILAR AGE TO THE PROPERTY AND SIMILARLY LOCATED IN THE CITY OF SAN DIEGO AND/OR THE COUNTY OF SAN DIEGO, CALIFORNIA, AND THAT SUCH EVENTS MAY INCLUDE, WITHOUT LIMITATION, SLAB LEAKS, MOLD, FIRE, SHIFTING, AND VIOLATIONS OF LAWS, ORDINANCES, RULES, REGULATIONS, PERMITS, APPROVALS, LICENSES AND/OR ORDERS OF GOVERNMENTAL AGENCIES WITH JURISDICTION OVER THE PROPERTY. THE CLOSING OF THE PURCHASE OF THE PROPERTY BY PURCHASER HEREUNDER SHALL BE CONCLUSIVE EVIDENCE THAT: (A) PURCHASER HAS FULLY AND COMPLETELY INSPECTED (OR HAS CAUSED TO BE FULLY AND COMPLETELY INSPECTED) THE PROPERTY; AND (B) PURCHASER ACCEPTS THE PROPERTY AS BEING IN GOOD AND SATISFACTORY CONDITION AND SUITABLE FOR PURCHASER'S PURPOSES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXCEPT FOR RELIANCE ON THE REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT, PURCHASER SHALL PERFORM AND RELY SOLELY UPON ITS OWN INVESTIGATION CONCERNING ITS INTENDED USE OF THE PROPERTY, AND THE PROPERTY'S FITNESS THEREFOR. PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT SELLER'S COOPERATION WITH PURCHASER WHETHER BY 14 135 of 233 Attachment No. 1 PROVIDING DOCUMENTS RELATING TO THE PROPERTY OR PERMITTING INSPECTION OF THE PROPERTY, SHALL NOT BE CONSTRUED AS ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE PROPERTY, OR WITH RESPECT TO THE ACCURACY, COMPLETENESS, OR RELEVANCE OF THE DOCUMENTS PROVIDED TO PURCHASER BY SELLER IN RELATION TO THE PROPERTY, PROVIDED THAT THE FOREGOING SHALL NOT BE A LIMITATION OR MODIFICATION OF THE REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT. (h) Indemnity and Release. (1) Indemnity. For the purposes of this Section 7(h), the term "Claims" shall mean any and all claims, obligations, liabilities, causes of action, suits, debts, liens, damages, judgments, losses, demands, orders, penalties, settlements, costs and expenses (including, without limitation, reasonable attorneys' fees and costs and any and all costs and expenses related to, whether directly or indirectly, any and all clean-up, remediation, investigations, monitoring, abatement, mitigation measures, fines or removal with respect to Hazardous Materials) of any kind or nature whatsoever. The definition of "Claims" shall include, without limitation, Claims under contract law or tort law. Each and every provision of this Section 7(h) shall survive the Closing. Purchaser acknowledges that but for Purchaser's agreement to each and every provision of this Section 7(h), Seller would not have entered into the Agreement. Purchaser, on behalf of itself, its successors, assigns and successors -in -interest ("Successors"), hereby agrees to indemnify, defend and hold Seller and Seller's successors, assigns, officers, directors, shareholders, participants, members, managers, partners, affiliates, employees, representatives, invitees and agents (collectively, "Seller Parties") harmless from any and all Claims resulting from, related to, or based upon, whether directly or indirectly: (i) the breach by Purchaser of any representation, warranty, covenant or obligation contained in the Agreement, or in any other agreement, document, exhibit or instrument related hereto or referenced herein; (ii) any Claim or Claims, if the basis of such Claim or Claims arose on or after the Closing, except as noted in clause (iv) below, and if the basis of such Claim or Claims arose from, is based upon, relates to or pertains to, whether directly or indirectly, the operation, management and use of the Property; (iii) any Claim or Claims which Claim or Claims (or the basis for which) arose from, is based upon, relates to or pertains to, whether directly or indirectly, any negligent act or omission of Purchaser; and (iv) (A) any Claim or Claims that relate to the condition of the Property on or after the Close of Escrow, including any judgment, order or settlement under or otherwise pursuant to a lawsuit, and (B) any Claim or Claims that relate to defects in the Property (including, patent construction defects), regardless of whether said defects or the cause of the same arose either before or after the Close of Escrow, including any judgment, order or settlement under or otherwise pursuant to the lawsuit. Any defense of any or all of the Seller Parties referenced in this Section 7(h)(1), shall be at the Purchaser's sole cost and expense and by counsel selected by the Purchaser, subject to the reasonable approval of the indemnified person, which counsel may, without limiting the rights of any of the Seller Parties pursuant to the next succeeding sentence of this Section 7(h)(1), also represent the Purchaser in such investigation, action or proceeding. If any of the Seller Parties that is being indemnified determines reasonably and in good faith that its defense by the Purchaser is reasonably likely to cause a conflict of interest or is being conducted in a manner which is prejudicial to such persons 15 136 of 233 Attachment No. 1 interests, such indemnified person may elect to conduct its own defense through counsel of its own choosing, subject to the reasonable approval of the Purchaser, and at the expense of the Purchaser. Purchaser hereby waives any right of subrogation as to Seller or the Seller Parties. Each and every provision of this Section 7 shall survive the Closing and but for Purchaser's agreement to each and every provision of this Section 7, Seller would not have executed the Agreement. Purchaser's indemnification obligations under this Section are in addition to Purchaser's representations, waivers, releases and covenants under this Section 7, and shall in no way be deemed to limit same. (2) Release and § 1542 Waiver. Notwithstanding the following or anything to the contrary set forth in this Agreement, the Seller is not released from any liability to the Purchaser for fraud or breach of any covenant set forth in this Agreement or any breach of Seller's representations and warranties set forth in this Section 7. Subject to the immediately preceding sentence and the Purchaser's right to rely on the Seller's representations and warranties set forth in this Section 7, Purchaser for itself and on behalf of each of its successors (collectively, the "Releasors") by this general release of known and unknown claims (this "Release") hereby irrevocably and unconditionally release and forever discharge Seller and each of the Seller Parties (collectively, the "Releasees") or any of them, from and against any and all Claims of any kind or nature whatsoever, WHETHER KNOWN OR UNKNOWN, suspected or unsuspected, fixed or contingent, liquidated or unliquidated which any of the Releasors now have, own, hold, or claim to have had, owned, or held, against any of the Releasees arising from, based upon or related to, whether directly or indirectly any facts, matters, circumstances, conditions or defects (whether patent or latent) of all or any kinds, related to, arising from, or based upon, whether directly or indirectly, the Property, including without limitation, (i) the physical condition, quality and state of repair of the Property conveyed; (ii) any latent or patent defect affecting the Property conveyed, or (iii) the presence of Hazardous Materials in, on, about or under the Property or which have migrated from adjacent lands to the Property or from the Property to adjacent lands. Except for Claims for Seller's fraud or the breach of any covenants provided in this Agreement or any breach of Seller's representations and warranties set forth in this Section 7, Releasors hereby further agree as follows: (i) Releasors acknowledge that there is a risk that subsequent to the execution of this Agreement, Releasors may discover, incur, or suffer from Claims which were unknown or unanticipated at the time this Release is executed, including, without limitation, unknown or unanticipated Claims which, if known by Releasors on the date this Release is being executed, may have materially affected Releasors' decision to execute this Agreement. Releasors acknowledge that Releasors are assuming the risk of such unknown and unanticipated Claims and agree that this Release applies thereto. Releasors expressly waive the benefits of Section 1542 of the California Civil Code, which reads as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." 16 137 of 233 Attachment No. 1 (ii) Releasors represent and warrant that Releasors have been represented by independent counsel of Releasors' own choosing in connection with the preparation and review of the Release set forth herein, that Releasors have specifically discussed with such counsel the meaning and effect of this Release and that Releasors have carefully read and understand the scope and effect of each provision contained herein. Releasors further represent and warrant that Releasors do not rely and have not relied upon any representation or statement made by any of the Releasees or any of their representatives, agents, employees, attorneys or officers with regard to the subject matter, basis or effect of this Release. (iii) Releasors represent and warrant to Releasees that Releasors have not and shall not assign or transfer or purport to assign or transfer any Claim or Claims or any portion thereof or any interest therein, and shall indemnify, defend, and hold the Releasees harmless from and against any Claim or Claims based on or arising out of, whether directly or indirectly, any such assignment or transfer, or purported assignment or transfer. 8. Condemnation of the Property. (a) Condemnation. If between the Effective Date and the Closing Date, any condemnation or eminent domain proceedings are commenced that will result in the taking of any material part of the Property, Purchaser may, at Purchaser's election, either: (1) Terminate this Agreement by giving written or emailed notice to the Seller and the Escrow Agent (in which event all remaining funds or other things deposited in Escrow by Purchaser, including without limitation, the Deposit, shall be returned to the Purchaser immediately from Escrow, together with any interest earned thereon and all fees and costs charged by the Escrow Agent shall be paid one-half (1/2) by the Seller and one-half (1/2) by the Purchaser); or (2) Proceed with the Closing and have Seller assign to Purchaser all of Seller's right, title and interest to any award made for the condemnation or eminent domain action. (b) Notice. If Seller obtains notice of the commencement of or the threatened commencement of eminent domain or condemnation proceedings with respect to the Property, Seller shall notify the Purchaser in writing. 9. Broker's Commission. Seller and Purchaser each hereby represents and warrants to one another that neither of them has engaged the services of any real estate agent or broker. Seller and Purchaser each agree that, to the extent any real estate commission or brokerage and/or finder's fee shall be earned or claimed in connection with this Agreement or the Closing, the payment of such fee or commission, and the defense of any action in connection therewith, shall be the sole and exclusive obligation of the party who requested the services of the broker and/or finder. In the event that any claim, demand or cause of action or brokerage and/or finder's fee is asserted against the party to this Agreement who did not request such services, the party through whom the broker or finder is making the claim shall indemnify, defend (with an attorney of the 17 138 of 233 Attachment No. 1 indemnitee's choice) and hold harmless the other from and against any and all such claims, demands and causes of action and expenses related thereto, including (without limitation) attorneys' fees and costs. 10. No Assignment by Purchaser. The qualifications and identity of Purchaser are of particular concern to the Seller. It is because of those qualifications and identity that Seller has entered into this Agreement with Purchaser. During the period commencing upon the Effective Date and until Certificates of Occupancy are issued for all of the Project, the Purchaser may assign this Agreement to an entity in which the Purchaser has at least a fifty percent (50%) interest without the prior written consent of the Seller. Except as otherwise set forth in the immediately preceding sentence, during the period commencing upon the date of this Agreement and until Certificates of Occupancy are issued for all of the Project, no voluntary or involuntary successor in interest of Purchaser shall acquire any rights or powers under this Agreement, nor shall Purchaser make any total or partial sale, transfer, conveyance, assignment, subdivision, refinancing or lease of the whole or any part of the Property or the Project without prior written approval of the Seller, which approval shall not be unreasonably withheld or delayed. Any proposed total or partial sale, transfer, conveyance, assignment, subdivision, refinancing or lease of the whole or any part of the Property or the Project, during the period commencing upon date of this Agreement and until Certificates of Occupancy for all of the Project, without the prior approval of Seller, will entitle Seller to its right of reentry and revesting as set forth in Section 11 hereof. For the reasons cited above, Purchaser represents and agrees for itself, each member of Purchaser and any successor in interest of Purchaser that prior to issuance by the City of National City of Certificates of Occupancy for all of the Project and without the prior written approval of Seller (which shall not unreasonably be withheld conditioned or delayed), there shall be no change in the membership, management, control, or ownership or in the relative proportions thereof, or with respect to the identity of the parties in control of Purchaser or the degree thereof, by any method or means other than such changes occasioned by the death or incapacity of any individual prior to issuance of Certificates of Occupancy for all of the Project. Purchaser shall promptly notify Seller of any and all such changes whatsoever. In such event, this Agreement may be terminated by Seller, entitling Seller to its right of reentry and revesting as set forth in Section 11 hereof. 11. Reentry and Revesting of Title in Seller After Closing. (a) Conditions to Reentry and Revesting. Seller has the right, at its election, to reenter and take possession of the Property, with all improvements thereon, and terminate this Agreement and vest the Property in the Seller if after the Closing and prior to the issuance of the Certificates of Occupancy for all of the Project, any of the following occurs, without the prior written approval of Seller: (1) Purchaser fails to commence construction of the Project within one hundred eighty (180) days after Closing. (2) Purchaser abandons or substantially suspends construction of the Project required by this Agreement for a period of ninety (90) days after written notice thereof from Seller. This provision shall not apply if the Project is suspended and the business of Purchaser is 18 139 of 233 Attachment No. 1 temporarily interrupted due to strikes, fire, or similar extraordinary causes beyond Purchaser's control; provided, however, Purchaser shall use its reasonable best efforts to eliminate the cause for such interruption and return to normal Project operations as expeditiously as is reasonably possible. (3) Purchaser, without Seller's prior written approval (which approval shall not unreasonably be withheld conditioned or delayed), alters the Project in a manner that varies materially from the design of the same at the time of Closing, including without limitation alterations to the use of the Property as a residential project, the number of dwelling units, number or size of parking spaces, type of dwelling units, architecture, appearance, facades or landscaping. Seller acknowledges and agrees that, notwithstanding anything to the contrary contained in this Agreement, Purchaser shall have the right, in its sole and absolute discretion, and at its sole cost and expense, to utilize the State density bonus in order to expand and/or change the scale of the Project. (4) Except as otherwise set forth in Section 10, above, Purchaser conveys or transfers or suffers any involuntary conveyance or transfer of the Property prior to issuance by the City of National City of Certificates of Occupancy for all of the Project. (5) with creditors. Purchaser files for bankruptcy or enters into an insolvency arrangement (6) Purchaser fails to obtain Certificates of Occupancy for all of the Project on or before three (3) years of the Closing Date. This provision shall not apply if the Project is suspended and the business of Purchaser is interrupted due to strikes, fire, or similar extraordinary causes beyond Purchaser's control; provided, however, Purchaser shall use its reasonable best efforts to eliminate the cause for such interruption and return to normal Project operations as expeditiously as is reasonably possible. (7) Except as otherwise set forth in Section 10, above, there is a change (voluntary or involuntary) in the membership, management, control, or ownership of Purchaser or in the relative proportions thereof, or with respect to the identity of the parties in control of Purchaser or the degree thereof, by any method or means, other than such changes occasioned by the death or incapacity of any individual prior to issuance of Certificates of Occupancy for all of the Project, which was not approved in writing by Seller prior to such event (which approval shall not unreasonably be withheld conditioned or delayed). (b) Limitations on Right of Reentry. Seller's right to reenter, terminate and revest the Property shall be subject to Seller providing Purchaser with written notice and be limited by and shall not defeat, render invalid or limit any mortgage or deed of trust consented to by Seller in a writing recorded against the Property. (c) Resale By Seller After Revesting. Upon the revesting in Seller of title to the Property as provided in this Section 11, Seller shall, pursuant to its responsibilities under state law, use its reasonable efforts to resell the Property as soon and in such manner as Seller shall find feasible and consistent with the objectives of such law and of the Redevelopment Plan, as it 19 140 of 233 Attachment No. 1 exists or may be amended, to a qualified and responsible party or parties (as determined by Seller in its sole and absolute discretion) who will assume the obligation of making or completing the Project, or such improvements in their stead as shall be satisfactory to Seller in its sole and absolute discretion and in accordance with the uses specified for the Property or part thereof in the Redevelopment Plan. Seller may resell the Property to such persons, for such amounts and on such terms and conditions as reasonably determined by Seller, provided that any sale of the Property for an amount insufficient to pay-off all mortgages or deed of trust recorded against the Property which were consented to by Seller in writing, shall be subject to the approval of the beneficiaries of such deeds of trust. (d) Seller Entitled to All Resale Proceeds. Upon such resale of the Property by Seller, the net proceeds thereof after repayment of any mortgage or deed of trust encumbering the Property which is permitted by this Agreement, shall be solely the property of the Seller. (e) Rights and Remedies are Cumulative. The rights established in this Section 11 are not intended to be exclusive of any other right, power or remedy, but each and every such right, power, and remedy shall be cumulative and concurrent and shall be in addition to any other right, power and remedy authorized herein or now or hereafter existing at law or in equity. The rights are to be interpreted in light of the fact that Seller will have conveyed the Property to Purchaser for redevelopment purposes, particularly for development of the Project and not for speculation. (f) Inaction Not a Waiver of Default. Any failures or delays by Seller in asserting any of its rights and remedies under this Section 11 shall not operate as a waiver of any default by Purchaser or of any such rights or remedies, or deprive Seller of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies shall govern the interpretation and enforcement of this Agreement. (g) Agreement Affecting Real Property. At Closing, the Seller and Purchaser shall cause an agreement affecting real property, in a form reasonably acceptable to both the Seller and the Purchaser, against the Property securing the conditions of this Section 11. The Seller shall subordinate such agreement affecting real property to the Purchaser's financing security instruments. 12. Notices. All notices under this Agreement shall be in writing and sent (a) by certified or registered mail, return receipt requested, in which case notice shall be deemed delivered three (3) Business Days after deposit, postage prepaid in the United States Mail, (b) overnight by a nationally recognized overnight courier such as UPS Overnight, or FedEx, in which case notice shall be deemed delivered one (1) Business Day after deposit with that courier, (c) by personal delivery, in which case notice shall be deemed delivered upon the actual date of delivery, or (d) by email, in which case notice shall be deemed delivered upon the actual date of delivery. All notices shall be delivered to the following addresses (unless changed by written notice to the other persons given in accordance with this Section 11: 20 141 of 233 Attachment No. 1 To Seller: Copy to: To Purchaser: Copy to: 13. General Provisions. City of National City 1243 National City Boulevard National City, California 91950 Attn: Brad Raulston Email: braulston@nationalcityca.gov Office of the City Attorney 1243 National City Boulevard National City, California 91950 Attn: Roberto M. Contreras Email: rcontreras@nationalcityca.gov Christensen & Spath LLP 550 West C Street, Suite 1660 San Diego, California 92101 Attn. Walter F. Spath, Esq. Email: wfs@candslaw.net Protea National City, LLC 2358 University Avenue, #1765 San Diego, California 92104 Attn: Andrew Malick Email: andrew@malickinfill.com Protea Properties, LLC 3262 Holiday Court, Suite 100 La Jolla, California 92037 Email: Jeffrey Essakow Email: jessakow@proteaproperties.com (a) Governing Law. This Agreement shall be interpreted and construed in accordance with California law. (b) Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. (c) Captions. The captions in this Agreement are inserted for convenience of reference and in no way define, describe or limit the scope or intent of this Agreement or any of the provisions of this Agreement. (d) Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors, heirs and permitted assigns. 21 142 of 233 Attachment No. 1 (e) Modifications; Waiver. No waiver, modification, amendment, discharge or change of this Agreement shall be valid unless it is in writing and signed by the party against which the enforcement of the modification, waiver, amendment, discharge or change is sought. (f) Entire Agreement. This Agreement contains the entire agreement between the parties relating to Purchaser's acquisition of the Property from Seller and development of the Property and all prior or contemporaneous agreements, understandings, representations or statements, oral or written, are superseded. (g) Partial Invalidity. Any provision of this Agreement which is unenforceable, invalid, or the inclusion of which would adversely affect the validity, legality, or enforcement of this Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain in full effect. (h) Survival; No Merger. This Agreement, including without limitation, all representations, warranties, covenants, agreements, indemnities and other obligations of Seller and Purchaser in this Agreement, shall survive the Closing of this transaction and will not be merged into the Grant Deed or any other document. (i) No Third -Party Rights. Nothing in this Agreement, express or implied, is intended to confer upon any person, other than the parties to this Agreement and their respective successors and assigns, any rights or remedies. (j) Time Of Essence. Time is of the essence in this Agreement. (k) Attorneys' Fees. The parties agree that the prevailing party in litigation for the breach and/or interpretation and/or enforcement of the terms of this Agreement shall be entitled to their reasonable expert witness fees, if any, as part of their costs of suit, and attorneys' fees as may be awarded by the court, pursuant to California Code of Civil Procedure ("CCP") Section 1033.5 and any other applicable provisions of California law, including, without limitation, the provisions of CCP Section 998. All claims, disputes, causes of action or controversies shall be subject solely to the jurisdiction of the San Diego Superior Court, Downtown Branch. (1) Relationship. Nothing contained in this Agreement shall be deemed or construed by the parties or by any third person to create a relationship of principal and agent or partnership or a joint venture between Purchaser and Seller or between either or both of them and any third party. (m) Recording. This Agreement shall not be recorded by one party without the consent of the other party. (n) Seller Approval. Where this Agreement refers to an action or approval of the Seller, it shall mean the approval of the Executive Director of the Seller, or designee, unless otherwise provided. 143 of 233 Attachment No. 1 (o) Exhibits and Recitals Incorporated. All exhibits referred to in this Agreement are hereby incorporated in this Agreement by this reference, regardless of whether or not the exhibits are actually attached to this Agreement. The Recitals to this Agreement are hereby incorporated in this Agreement by this reference. (p) Independent Counsel. Seller and Purchaser each acknowledge that: (i) they have been given the opportunity to be represented by independent counsel in connection with this Agreement; (ii) they have executed this Agreement with the advice of such counsel, if such counsel was retained; and (iii) this Agreement is the result of negotiations between the parties hereto and the advice and assistance of their respective counsel, if such counsel was retained. The fact that this Agreement was prepared or negotiated by Purchaser's or Seller's counsel as a matter of convenience shall have no import or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against either party due to the fact that Purchaser's or Seller's counsel prepared or negotiated this Agreement in its final form. (q) Capacity and Authority. All individuals signing this Agreement for a party which is a corporation, limited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, represent and warrant to the other party that they have the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf they are signing. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. SELLER: City of National City By: Leslie Deese, City Manager APPROVED AS TO FORM: Angil P. Morris -Jones, City Attorney By: Roberto M. Contreras Deputy City Attorney [SIGNATURES CONTINUED ON FOLLOWING PAGE] 144 of 233 Attachment No. 1 PURCHASER: Protea National City, LLC, a California li liability company By: Prot' -Id , al City, LL An er IF 1 By: By: Jeffrey Essakow anagcr 24 145 of 233 Exhibit A Legal Description of the Property All that certain real property situated in the City of National City, County of San Diego, State of California, described as follows: Lots 11, 12, 13, 14, 15 16, 17 18, 19 and 20 in Block 2 of W.C. KIMBALL'S SUBDIVISION OF 10 ACRE Lot 1 in Quarter Section 154 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to rnap thereof No. 105, filed in the Office of the County Recorder of San Diego County, March 10, 1887. APN: 556-472-26 (End of Legal Description) 25 146 of 233 Attachment No. 1 Exhibit B Description of the Project 26 147 of 233 CO N CO 8TH AND B NATIONAL CITY, CA IlIIl' qmar, us Site Location 130 East 8th Street National City, CA 91950 Development Team Malick Infill Development Protea Properties Principal Contact Andrew Malick E: andrew@malickinfill.com T: 619.252.8465 Contact Address 3262 Holiday Ct. #100 La Jolla, CA 92037 MILLER I- ULL - MLA L IoCEK m x 7- Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. TABLE OF CONTENTS ........................................... 3 Project Description ... Developer Entity .........................__........__........_ _.._.11 Project Related Experience __._.._ __._.... __._._. __._._12 Project Personnel 18 Project Design Concept20 Community Benefits _..__. _._._. _..__._._44 Schedule.._... ____... __....... __....... __....... __....... __45 Project Pro Forma 46 BTU 813 I NATIONAL CITY I MALICK INFILL DEVELOPMENT 8 PROTEA PROPERTIES 2 •oN ieuwyoe11y Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. Tonya Hussain Executive Secretary to Brad Raulston 1243 National City Blvd. National City, CA 91950 RE: RFP Submittal Package for 130 E 8th Street Ms. Hussain: I am pleased to present our submittal for the 8th Street Lot. Site Purchase Price: Primary Contact JV Developer: Architect: Respectfully, $500,000 Andrew Malick andrew@malickinfill.com 619.252.8465 Paul Gehrini Protea Holdings 858.457.5593 Ben Dalton The Miller Hull Partnership 619.323.1101 6144 Andrew S. Malick Director, Malick Infill Development In reviewing the information provided in these materials, please keep In mind that the 8th and B project 15 still in the development stage; many of the items are preliminary concepts or estimates. We are actively reviewing and refining the Project to reflect site and market conditions and opportunities, feedback from the City and other stakeholders, and other considerations. As a result, many aspects of the Project described in these materials, including but not limited to, the cost. design (including unit types, unit count, and square footages). programming (including target retail tenant mix), proformas. and development schedule, will change over time. Please contact us if you wish to receive an update on the Project or on any of the information contained herein. BTH a B I NATIONAL CITY I MALICK INFILL DEVELOPMENT 8 PROTEA PROPERTIES •oN ieuwyoe11y Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. VISION & CONCEPT THE DEVELOPMENT AT 8" AND B IS ENVISIONED AS A PROJECT THAT WILL ENHANCE THE QUALITY OF LIFE FOR ALL CURRENT AND FUTURE NATIONAL CITY RESIDENTS. The bold aim in designing this project is to create a place as diverse and culturally rich as the city itself. The building will be artfully designed to respect the character and history of its setting. It will also pay tribute to the evolving trends of our society and embrace the technological advancements that have changed our lifestyles. Residents will be encouraged to walk, bike, take transit and other alternate forms of transportation, spend more time outside and engage with their neighbors. The housing will be inclusive of multiple income levels and stages of life. The commercial spaces will be adaptable to multiple business types and will be offered an affordable price point that allows small businesses to participate in the growth of the city. Most importantly, the development will foster a strong sense of community by creating public and semi -private communal gathering spaces. BTU 813 I NATIONAL CITY I MALICK INFILL DEVELOPMENT 8 PROTEA PROPERTIES •oN ieuwyoe11y m x 0 Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. PROJECT COMPONENTS HOUSING MICRO -UNITS [82 UNITS; 300 SF] Providing attainable single occupancy housing for young professionals, minimalist couples, seniors, and military personnel, with shared indoor and outdoor amenity areas to foster community. Every unit includes private outdoor space. CO -LIVING SUITES [6 2-BR SUITES; 650 SF / 4 3-BR SUITES; 690 SF] Designed to offer a shared suite living experience for students, recent graduates and military personnel, or a livelwork opportunity. These larger suites will include larger balconies overlooking 8" Street TERRACE TOWNHOMES [10 UNITS; 800 SF] Well -suited for couples and young families, Terrace Townhomes feature two bedrooms and 1 Y. baths in two -levels with exterior entrances and a private outdoor patio or balcony. ROWHOMES [6 UNITS; 1300 SF] An urban living option for couples and families (including multi -generation families), this collection of three-story Rowhomes fronting East 9" Street will feature 3 bedrooms and 2 baths. These Rowhomes are designed to be in keeping with the residential scale on East 9" Street, with front porches to provide "eyes on the street" and private outdoor space. P MICROUNIT 2T- 6' 3BEDROOM CO.LIVINCSURE COMMERCIAL The overall vision for the commercial space component of the project is to offer an opportunity for small locally - owned business to get their start in National City or to take the next step from a home -based business or farmers market booth to a fixed storefront location. To make this an attainable option, the development will offer smaller scale footprint with potentially some shared infrastructure (restrooms, etc.) along with flexible short-term leases to provide a lower up -front investment In turn, this provides a double benefit for the community in creating a true sense of place with an authentically local experience, and the personal relationships that came with the mom-and-pop stores of the past Aligned with the micro -living concept and related current trends in the shared economy such as co -working, tech hubs and incubators, maker spaces, and pop-up retail, these new venues will provide a vibrant space that is appealing and engaging for residents and visitors alike. MICRO RETAIL / OFFICE Multiple small retail and F&B storefronts will allow opportunities for entrepreneurial incubator small businesses. An appropriately curated mix of business will also encourage increased foot traffic at all times of day. Some options currently being explored for these spaces include: • A storefront communal market for local artisans along 8' Street adjacent to the new signature restaurant similar to Simply Local in North Park, Pangea Outpost in Pacific Beach, or Leaping Lotus in Solana Beach • A small scale coworking space to provide flexible access to private meeting space and other business services and amenities for solo professionals FOOD 8 BEVERAGE The anchor of communities is great food. Central to this development will be a signature restaurant on 8" Street which will retain the existing Auction House storefront. While it is very early in the concept development and tenant selection process for this space, it is envisioned as a modem, casual public gathering space that will help cultivate the downtown neighborhood. In addition, a coffee/juice bar opening off B Street and connecting to the residential lobby will provide an opportunity for residents and neighbors to meet and mingle over a breakfast beverage or afternoon snack. The micro -storefronts along B Street are anticipated to serve as incubator spaces to launch locally based F&B outlets such as tamale or lumpia stands. Together, these experiences will enhance the downtown center, contributing to a vital and active street life. 8TH & B I NATIONAL CITY I MALICK INFILL DEVELOPMENT & PROTEA PROPERTIES 5 8 l!q!4x3 l oN lauwgoelly Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. PROJECT COMPONENTS GATHERING PUBLIC GATHERING The development will provide a variety of opportunities for public gathering spaces, including the potential for indoor/outdoor seating at the planned F&B storefronts and coffee shop/juice bar along B Street and the proposed parklet at 8' Street adjacent to the new signature restaurant. The front portion of the alley at 8" Street is proposed to be vacated to create a public parklet with street furniture, landscape, and public art. This new public gathering space could host pop-up events such as micro art -fairs or craft markets, a food truck night, etc. RESIDENTIAL COMMUNITY SPACE [2000 SF INDOOR; 6000 SF OUTDOOR] A key component of this development is the shared amenity areas that will provide the opportunity for residents to meet and mingle both informally and with planned events to foster a sense of community and encourage interaction with the downtown neighborhood. The lobby will open from B Street and will offer casual seating, local art and the opportunity to connect with their neighbors and the community at large through the interlinked coffee shop/juice bar, which will also have its own storefront entrance on B Street. Residents can check their mail, wait for their Uber or Lyft pickup, get a cup of coffee, refuel with an aftemoon smoothie, or late night snack. The hub of the residential communal space is at the podium level, which will feature a 1200 SF clubroom with kitchen and lounge area, with floor -to -ceiling windows overlooking B'" street, opening on to an expansive outdoor terrace with casual seating. The visibility to the street level will help to energize the public realm. Completing the amenity experience on this level will be a fitness center with glass walls opening to the terrace, conveniently adjacent laundry area, and resident storage areas. A Sky Lounge overlooking B Street, will provide a more intimate outdoor living room for residents to gather to relax and socialize, with a fire feature and barbeque area. With high speed wireless intemet and a projection wall, residents can enjoy their own entertainment in this casual outdoor setting. PUBLIC ART AND OFF SITE IMPROVEMENTS The development team is excited to explore opportunities to partner with the arts organizations A Reason to Survive (ARTS) and/or other local artists to create murals on exterior facades, particularly those visible from the new public spaces such as the pocket park. The project will incorporate the work of ARTS students and/or other local artists in the residential lobby area and the planned adjacent coffee shopfjuice bar as well as the community clubroom. With the agreement of the City, the development will reclaim a portion of the alley fronting 8" Street as a public gathering space, with enhanced pavers, seating, and landscape to activate the street`. Bike racks at or near this location will foster active transportation. The team will also look to align with the mission of the Creating Vibrant Neighborhoods Initiative (CVNI) and collaborate on future projects in the downtown specific plan area. Only the front portion of the alley will be vacated, allowing access from g'" street to the existing loading area for the market. ETH & B 1 NATIONAL CITY 1 MALICK INFILL DEVELOPMENT & PROTEA PROPERTIES 6 8 l!q!4x3 l oN lauwgoelly Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. PROJECT COMPONENTS PARKING AND MOBILITY The 8" and B project has been designed as a Transit Oriented Development. Located in the heart of downtown, the site is within %: mile of the trolley station along a walkable route, and within close proximity to two high performing transit routes (the 929 to Downtown and the 955 to SDSU). Boasting a walk score of 87, residents will be able to complete most errands on foot, including easy access to shops, restaurants, medical facilities, schools, churches, the library, and Kimball Park. The development is designed to appeal to those who will embrace the car -free lifestyle, preferring instead to walk, bike, and take transit or uber/yft to their destinations. Residents who are members of the military could choose to carpool or vanpool to the base. Students and faculty of Southwestern College would enjoy a quick walk to campus. The proposed Downtown Specific Plan includes goals designed to reduce the reliance on automobile travel, including updating minimum unit size standards to allow for smaller units with associated reduced parking requirements, offering a parking bonus program to lower parking requirements in response to actions that will help reduce parking demand, and encouraging projects to include a Transportation Demand Management Plan. Consistent with these goals and objectives, including the Draft Parking Bonus Plan criteria, the development team proposes the following measures to support a reduced parking requirement: • Parking garage will be accessed from the alley to minimize the loss of on -street parking spaces • The parking garage will be fully screened from the public right of way on all sides • Curb cuts will be minimized to protect on street parking • Secure bike parking will be provided intemal to the project (54 covered spaces) • The project includes a mix of uses for local serving retail and services • Micro -unit parking will be unbundled from leases • Priority parking will be provided for vanpoot(carpool users • A dedicated on -street space will be provided at the lobby entrance on B Street for uberlyft/vanpool dropoff and pickup • Off -site bike parking will be provided • A Transportation Demand Management Plan will be provided to make it easy for residents to utilize alternative forms of transportation The development, with a total of 108 residential units, will provide a total of B0 parking spaces on -site, both on -grade and in a parking garage fully screened from view (an average of .74 spaces/unit). The development team proposes a new city standard of .5 parking spaces per micro -unit. The parking requirement could then be expressed as follows: UNIT TYPE 8 OF UNITS PARKING RATIO REQUIREMENT Micro -units 82 41 Co -Irving Suites 10 1 10 Terrace Homes (2BR) 10 1 10 Row Homes (3 BR) 6 6 Total 108 67 PROPOSED PARKING In addition to the on -site parking, there are 10 spaces available abng the west side of B Street, 6 spaces on 8' street fronting the property, and 4 spaces on the north side of 9' street, for a total of 20 on -street parking spaces. These spaces will offer additional parking for residents as well as retail uses. &TM & B I NATIONAL CITY I MALICK INFILL DEVELOPMENT & PROTEA PROPERTIES 7 8 l!q!4x3 l oN lauwgoelly Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. TOo0JRITO$` ---- • • - - BUS ROUTE - CURRENT BIKE ROUTE FUTURE BIKE ROUTE • TRANSIT STOPS • • •_•�•. !..... • :• �• • k. • • J s� —•-Q • • m•• • TRANSIT MAP \ ''` I/ill Ii1J3f1 4 — --• 25 Vile Radius ® — — — 10 i1`aae Wak 15 miaRe wak Reelaure t/Cak • • Gcare a $.,«d a ak/Raoeaim a F,Lic Lira, a keSMian fl Pm1011ce _—_ 0 PaceSlam a EDGE Payment CanNr ',, �, \ • • \ \ 31 ® \ 4.. o 9 c l m', .. 411•'>t \\ WALKING RADIUS The site is just a short walk from high -performing transit, including the trolley and bus routes 929 to downtown With a transit score of 87/100, the site is ideally located in an urban area already housing a variety of and 955 to SDSU. services. Residents will have easy access to nearby markets, parks, restaurants, and light rail. BTH 8 B I NATIONAL CITY I MA LICK INFILL DEVELOPMENT & PROTEA PROPERTIES 8 •oN ieuwyoe11y Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. FINANCIAL STRUCTURE It is the aim of this project team to finance this market -rate project only with private equity. However, the team is committed to ensuring the financial feasibility of this project, and therefore recognizes that the uncertainty of the land valuation may require seeking altemate sources of funding support including from public and/or public/private sources. This could include development incentives to be determined in cooperation with the City such as deferral of impact fees, permit fees and other fees until construction; providing a reduction or elimination of any applicable traffic impact fees for commercial development due to lower traffic generation; and/or establishing an alternative residential development impact fee calculated on the basis of square footage rather than number of units. (Note: The City of San Diego is currently considering implementing each of these incentives, and more, in connection with the Smart Growth and Land Use Committee Work Plan, February 10, 2017). The location of the project site in close proximity to high -performing transit as well as neighborhood amenities such as schools, parks, a fresh food market, medical services, etc. may also provide the opportunity to seek funding sources such as New Markets Tax Credits, the Smart Growth Fund sponsored by CivicSanDiego to foster the development of workforce housing, or other sources. 'Civic San Diego anticipates being able to offer NMTC fuming opportunities tar projects as small as $2M, potentially Mowing fora carve -old of be etas ompane,t of the project with smallompum of rosidenuol to MI within NMTCprojectemib. 'The Smart Growth Fund le anticipated to !aura mid-2018 and wit offer km interest bans for residential and robed use projects Mach provide housing for up l0 200% AMI. OPERATIONAL BENEFITS TO THE CITY Operational benefits to the City from this development include but are not limited to: • Property Tax revenue, including potential increase in property tax values in the surrounding area • Sales tax revenues from the project's commercial/retail components as well as adding residents to downtown who will spend $ in National City, supporting local retail and service markets • Adding housing/residents to downtown will help provide a consumer base to incentivize other businesses to locate downtown Providing housing well suited for members of the military will encourage more military personnel to live downtown and frequent downtown shops and restaurants • Adds to the mix of services and retail opportunities within downtown to help keep money in the local economy • Micro -retail focus supports formation and growth of small businesses and provides employment opportunities for National City residents BTM & B I NATIONAL CITY I MALICK INFILL DEVELOPMENT & PROTEA PROPERTIES 9 8 l!q!4x3 l oN lauwgoelly Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. COMMUNITY BENEFITS & OUTREACH The development team is committed to creating a project that is sensitive to the neighborhood context and is inclusive of, and serves the needs of, the local community. To that end, the team is in the process of making connections with local stakeholders such as the National City Chamber of Commerce, the South San Diego Small Business Development Center, Olivewood Gardens and Learning Center, and A Reason To Survive Arts Center (ARTS). As the selection process for this RFP continues, the team is excited to share the vision and encourage feedback from other community groups and organizations including: Kimball Park Neighborhood Council • Southwestern College • Filipino American Chamber of Commerce • Kiwanis Club of National City • National City Rotary Club • Environmental Health Coalition • San Diego County Hispanic Chamber of Commerce • South County Economic Development Center • Council of Phillippine Americans • Chicano Federation of San Diego County 8TH & 8 I NATIONAL CITY MALICK INFILL DEVELOPMENT 8 PROTEA PROPERTIES ID •oN ieuwyoe1ry m Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. THE PARTNERSHIP 8th & B will be developed by a JV partnership between Malick !Mill Development and Protea Properties. The managing partners of the development entity will be Andrew Malick and Jeff Essakow. Core Consultants Kathy Breedlove Phillip Esteban Pamela Salisbury Linda Skemp BTH & B DEVCO, LLC* Malick Infill Development / Protea Properties Project Management / Entitlement Malick Infill Development Andrew Malick Architect 'The Miller Hull Partnership • Entity names subject tochange. Given the guppy conlraln dconslmction market, a general conuactorpahlneewl Ee aekcletl through a hardbdpracess. President Jeffrey Essakow I Structural DCI Engineers Civil —11 SWS Engineers Underwriting / Financing Protea Properties Paul Gherini Landscape McCullough Landscape Architecture General Contractor TBD" BTH 8 B I NATIONAL CITY I MALICK INFILL DEVELOPMENT 8 PROTEA PROPERTIES •oN ieuwyoe11y Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. PROJECT RELATED EXPERIENCE: PROTEA PROPERTIES BOWER HILL PROMENADE, SAN DIEGO, CA RELEVANCE TO NATIONAL CITY • Mixed -use • Enhance the pedestrian experience • Community catalyst project Size: 171,000 SF;15 Acres Protea Properties 3262 Holiday Ct # 10D La Jolla, CA 92037 T: 858.457.5593 E: pgherini(o,JproOaproperties.com Renovation 8 Expansion by SGPA Architecture and Planning 1545 Hotel Circle South, Studio 200 San Diego, CA 92108 T: 619.297.0131 E: infosd@sgpa.com The renovation of Flower Hill Promenade focuses on the customer experience, integrating hospitality elements in its common areas and blending retail with active uses. Food, leisure, and entertainment draw customers to visit the mall more often —and linger to enjoy the amenities. Located near California's famous Del Mar racetrack, the Flower Hill shopping center is an open-air collection of local boutique retailers and upscale restaurants. This mixed -use project includes a full renovation of common spaces, new construction (Whole Foods Market and Sharp medical offices), and landscaping. The renovation cared the purpose of the building from the street by increasing visibility of storefronts and entryways, and decreasing automotive tragic along the front streetscape. New palm trees and landscaping add to the natural appeal, making Flower Hill a place where shoppers are happy to spend their time. A new parking structure was created and is tucked Into the hillside behind the retail, adding 400 unobtrusive parking spaces and alleviating vehicle congestion at the storefronts. &TH & B 1 NATIONAL CITY 1 MALICK INFILL DEVELOPMENT & PROTEA PROPERTIES 12 8 l!q!4x3 l oN lauwgoelly Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. a) 0 0 N CO CA) PROJECT RELATED EXPERIENCE: MALICK INFILL TWEIVE ON AEABAMA, SAN DIEGO, CA RELEVANCE 10 NATIONAL CITY • Modern amenities • Transportation access Size: 8,000 SF Number of Units: 12 Malick Inflll Development Andrew Malick, Director T: 619.252.8465 E. andrew1ma1ckinfill.com 1jRllglih, i jipi I1l1i Prior to this project, small scale developers avoided the North Park neighborhood. Existing market rental comps were virtually half of what this project rented for at initial lease -up. Surrounding property owners took notice and began investing in their single family homes and underperforming multi- family properties. Developers also took notice, spurring a mini building boom in the neighborhood. Twelve on Alabama brought new and modern apartment living to North Park. The neighborhood was always cool, this project helped other developers recognize d. Designed, built and developed by Butler Malick Master Builders. NORTH 30, SAN DIEGO, CA RELEVANCE TO NATIONAL CITY • Modern amenities • Transportation access • Mixed -use Size: 9,000 SF Number of Units: 12 Commercial Space: 3 Boutique Retail 1 Office Storefronts Malick Infill Development Andrew Malick, Director T. 619.252.8465 E: ar,drew@malickinf t.com Located at the ultimate node on the 30th Street corridor in North Park, this mixed use project features roof decks and a private interior courtyard for residents. This project proved that new units don't need to be large to command premium rents. A focus on connection to the outdoors through the use of large windows and tall ceilings help these units feel grander than they actually are. Designed, built and developed by Butler Malick Master Builders. STN a B NATIONAL CITY I MALICK INFILL DEVELOPMENT & PROTEA PROPERTIES 13 •oN ieuwyoe11y Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. PROJECT RELATED EXPERIENCE: PROTEA PROPERTIES SEAPORT, SAN OIEGO, CA RELEVANCE TO NATIONAL CITY • Activated ground floor plane • Enhance and bring community together • Mixed -use project: retail, dining, entertainment, education, hospitality, maritime • Promotes effective use of outdoor space Protea Properties 3262 Holiday Ct # 100 La Jolla, CA 92037 T: 858.457.5593 E: pgheriniyproteaproperties.com Seaport is a unique reimagining of one of the most important pieces of real estate on San Diego's waterfront. It has been designed to provide valuable community resources and world -class amenities and attractions for residents and visitors alike. Bringing families and friends together for relaxation, education and fun to create what we believe will be a new image for our great city on the water. The new Seaport will offer something for everyone, from local residents to tourists. An expanded park and public space will open the waterfront to more people; street shops and restaurants of all kinds will bring new vitality to the waterfront and downtown; a hospitality core made up of lodging suitable for all pocketbooks will bring 2417 vitality and activity; lifelong education will be a major component in a marine -focused charter school and facilities for continuing studies; water sports, an outdoor gym, beach volleyball, boating and swimming are also essential parts of the plan. And of course there will also be the simple pleasures of just sitting on one of our beaches or strolling along the expanded esplanade. Added to this there will be anchor attractions like the state-of-the-art aquarium as well as The Spire that will carry locals and visitors 500 feet above the bay to enjoy the breathtaking views. Seaport will be a destination that brings fife to the San Diego waterfront. Through its wide range of exceptional amenities, improvements and partnerships, it will provide a sought-after experience that's fresh and full of energy, creating an environment that benefits residents as well as visitors and members of the community. BTU a a NATIONAL CITY I MALICK INFILL DEVELOPMENT & PROTEA PROPERTIES 14 •oN ieuwyoe11y Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. PROJECT RELATED EXPERIENCE: THE MILLER HULL PARTNERSHIP, LLP IDEA I, SAN DIEGO, CA RELEVANCE TO NATIONAL CITY • Provides a campus hub for design and related cultural activities • Enhance the pedestrian experience • Community catalyst project Sae: 129,000 SF 295 Units The Miller Hull Partnership, LLP Caroline Kraiser, AIA, Principal 2150 West Washington Street, Suite 113 San Diego, CA 92110 T: 619.220.0984 E: ckreiser@millerhull.com Client Contact: Rob Rittenhauer Lowe Enterprises 858.565.7285 RReiterrour@loweenterpdses.com BTH & B I NATIONAL CITY u IDEAL is the first step to establishing the District's vision of becoming San Diego's design + technology innovation hub. This will be achieved by mixing the critical uses — otTice, residential, and retail — in a way that encourages interaction between inhabitants of this block and the larger community. The design principles that support an innovation ecosystem are on display in this project to act as an inspiration for other I.D.E.A. District designers and developers. Creative Office Space: 50,000 sf of future office space. Offices will be available with large open bays - designed as raw, creative, and reconfigurable space. With high ceilings and full height glazing, we are confident that it will be highly desirable to creative individuals and firms. Startup Housing: With 295 total units, our focus is on building flexible, fresh and current spaces for today's urban dweller. Target residents include entrepreneurs, creatives, recent grads, and downtown workers. Retail and Restaurants: 12,000+ sf of street level retail Intended for unique tenants that can provide the physical and social settings to encourage collaboration between the diverse inhabitants. For example, a craft beer pub, featuring live music, that becomes the watering hole for the District. Or a "Maker Space" that allows for quick prototyping of new ideas. YOUNGONE, SEAIILE, WA Size: 100,000 SF 115 Units Youngone is a true mixed -use project with corporate. residential, retail and manufacturing. It is envisioned as a vertical campus providing the North American headquarters for an international manufacturing company. The site is located on the West Seattle waterfront offering breathtaking views of the downtown Seattle skyline. 15 market rate apartments will be both rentable or held for company use based on need. The building will serve as a corporate headquarters, design lab. manufacturing and contain a prototype bay and retail store. The activated ground floor plane enhances the pedestrian experience and interaction of residents and non-residents. PIER32, NATIONAL CITY, CA Size: 10,000 SF Awards: 2011 Orchid, San Diego Architectural Foundation The mixed -use project in National City includes marina support speces, retail and residential residents and non-residents. Two main buildings link pedestrian bridges and a stair tower. These two buildings house marina support spaces including locker rooms and showers, an exercise room, dry/heated storage. laundry facility, boater's lounge. community conference room, large outdoor terrace, grocery/food-service tenant space, and open office spaces for the marina management and other tenants. Also included is a residential unit for rental, or to be used by the marina management/security. THE SHAY, WASHINGTON, D.C. Size: 237,000 SF The Shay is part of a urban core revitalization project and includes mixed -use residential, community areas and retail. The primary objective is to create authentic and distinctive architecture in the emerging Duke neighborhood just north of the downtown Washington DC urban core. This unique arts district has a gritty and semi -raw feel that sets it apart from other more professional oriented neighborhoods in the city. We see the Assemblage as having an eclectic mix of uses and architectural expression that contributes to the vitality of the area. Retail and commercial spaces will have a connection to the sidewalk and enhance the pedestrian experience. 333 DEXTER, SEATTLE, WA Size: 600,000 SF C) 7 Tha mixed -use development has a highly active ground floor plane with commercial, 3 retail and restaurants. Miller Hull is working with Kilroy Realty Corporation to provide atr= model work place that promotes productivity for world -class tenants. and contributes tr nt1 . the evitalization of the South Lake Union NeighboJwd in Seattle. Washington. OfficsE are being designed to favor collaboration areas over individual offices in response to O tenant demands.Raw, creative and reconfigurable space capable of serving a single or multiple tenants with large open bays and generous windows will allow maximum m daylight and flexibility. X W 15 Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. 0 N Ca) PROJECT RELATED EXPERIENCE: THE MILLER HULL PARTNERSHIP, LLP I MCCULLOUGH LANDSCAPE ARCHITECTURE NATIONAL CITY MARINA DISTRICT PLAN, NATIONAL CITY, CA RELEVANCE TO NATIONAL CITY • National City Pionning Process • Provides Community Identity • Community Amenities, Walking Paths, Outdoor Spaces • Land Use Planning Project The Miller Mull Partnership, LLP Caroline Kreiser, AIA, Principal 2150 West Washington Street, Suite 113 San Diego. CA 92110 T: 619.220.0984 E: ckreiser@millerhull.com Phase 1: The first phase of the Marina District includes the addition of dry boat storage and a boat maintenance shed along Marina Way, as well as a recreational vehicle park, retail and amenities for RV site users in the parcel north of Pier 32. The restroom at the North-East corner of the marina will be upgraded and expanded, and an administration building will be constructed within parcel B2. Along the jetty and marina there will be series of "Environmental Living Units" - small 'net -zero energy' rental cabins which will be topped with photovoltaics to produce their own power. A dock and a small park at the end of the jetty provides public access to the waterfront. Additionally, we propose to provide a series of buoys in the Sweetwater channel for additional boating capacity. Farther west, there is a proposed expansion to Pepper Park, doubling the public park space in the Marina District. Phase 2: Phase 2 of the proposed project includes the addition of an a high -end and 3 additional boutique hotels. The Western most portion of RV parkingwill be replaced with a high-rise hotel and a smaller scale boutique hotel, set framing a garden court. The hotel will include conference space suitable for small conventions and an underground parking structure. The North—East corner of the marina will receive two boutique hotels at which point the southern most row of RV parking will be replaced with both parking and the hotel will be phased per economic feasibility. Build Out: Envisioning the full build -out of the site, the area adjacent to the Marina incorporates hotel, restaurant and retail space. A pedestrian and bike path runs between the buildings, creating a village at the marina. A waterside boutique hotel accommodates 40 rooms and a second hotel in the north east corner has 60 rooms with ground floor retail and amenity space. SELECTED WORKS Of MCCULLOUGH LANDSCAPE ARCHITECTURE RELEVANT EXPERIENCE • Mixed -use, Urban, Sustainable Design • Landscpe Layout, Irrigation • Community Amenities, Outdoor Spaces McCullough Landscape Architecture, Inc. (MLA) David W. McCullough, RLA, ASLA, Principal 703166 Street, Suite 100 San Diego, California 92101 T: 619.296.3150 E: david@mlasd.com McCullough Landscape Architecture (MLA) creates spaces for many hospitality. retail, mixed -use and institutional properties around the world. Firm Principal Landscape Architect and chief designer David McCullough provides a cutting - edge, creative approach and has extensive experience in urban design and design for the end -user, with an international portfolio of work. McCullough oversees all projects with high quality control standards, and is flexibile and consistent in meeting fast -track project schedule requirements as well as sustainable design requirements. He also brings strong technical skills related to podium construction, pool design, rooftop gardens, LEER® design, planting design, landscape layout, irrigation, and creating construction drawings. Previous projects have earned awards and recognition in several national publications. In addition, McCullough was appointed by Mayor Kevin Faulconer to serve on the Historic Resources Board which govems the identification, protection, retention and preservation of historical sites in San Diego. &TN & B I NATIONAL CITY I MALICK INFILL DEVELOPMENT & PROTEA PROPERTIES 16 8 l!q!4x3 l oN lauwgoelly Exhibit r'B" to the Purchase and Sale Agreement for 130 E. 8th St. PROJECT RELATED EXPERIENCE: DCI ENGINEERS I SWS CIVIL ENGINEERING, INC. MERCADO DES BARRIO, SAN DIEGO, CA RELEVANCE TO NATIONAL CITY • Local Proximity • Similar Construction Type DCI Engineers Ryan Slaybaugh, Principal 101 West Broadway. Suite 1250 San Diego, California 92101 T: 619.234.0501 E: rslaybaugh@ddenglneers.com DCI Engineers provided structural engineering services for this new, mixed - use, residential project in the Barrio Logan area of San Diego. This project consists of a multi -building development located at Cesar E. Chavez Parkway. It includes commercial, restaurant and residential space, a clubhouse, office space and a separate parking structure. The commercial space and restaurant are located at grade level and are designed as "cold shells: The total area is approximately 46,000-sf. The clubhouse, office and leasing center are located at the second level with residential lofts, for a combined area of 7,000-sf. The residential portion of the project will consist of three-story residential unit buildings, located above the commercial space with an approximate area of 90,000-sf. The 66,000-sf, 210-stall parking garage structure is located within the middle of a' wrap around" residential construction project, but designed to be independent of the adjacent buildings. The commercial and restaurant portion is Type V wood and the parking garage is constructed of cast -in -place concrete. A long span framing option was chosen to allow for a clear and open structure. AUTUMN TERRACE, SAN MARCOS, CA RELEVANT EXPERIENCE • Mixed -use, Urban, Sustainable Design • Landscape Layout, Irrigation • Community Amenities. Outdoor Spaces • LEED° Platinum Certified SWS Civil Engineering. Inc. Michael D. Schweitzer. PE 261 Autumn Drive, Suite 115 San Marcos. CA 92069 T: 760.744.0011 E: michael@swsengr.com Michael designed and led construction administration services for Autumn Terrace, an Infill, LEED Platinum, Mixed -Use Affordable Housing and Commercial Retail development in San Marcos, located on a previously severely underutilized site. SWS Engineering in partnership with Hitzke Development, obtained approvals for a Specific Plan Amendment and new Plot Plan, and provided onsite and offsite Civil Engineering, Surveying and Construction Staking services from Entitlements through Construction Administration. In addition to drastically reducing crime and improving the aesthetics and quality of life for the residents, the development provided safe spaces for community engagement, new pedestrian paths of travel to and from an adjacent elementary school and generated new employment opportunities. Autumn Terrace is one of the first LEED® Platinum Certified Multifamily projects in San Diego County. BTU a a 1 NATIONAL CITY I MALICK INFILL DEVELOPMENT & PROTEA PROPERTIES 17 •oN ieuwyoe11y Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. OPPORTUNISTS, VISIONARIES, AND CRAFTSMAN. THE TEAM BEHIND 8" AND B IS MADE UP OF PASSIONATE PLACEMAKERS AND LOCALS. WE'RE ALL COMMITTED TO BUILDING SOMETHING UNIQUELY NATIONAL CITY. DEVELOPER TEAM ANDREW MALICK Malick Infill Andrew Malick has nearly 20 years of experience in the real estate development industry. During his career he has worked in all three legs of the development process; construction, design, and development. He has direct experience in land acquisitions, land planning, entitlement processing, underwriting, debt & equity sourcing, design, project estimating, project management, construction implementation, lease -up, and property management. His developments in the North Park are seen as being catalytic in the revitalization of the area. He is currently developing a 60-unit mixed use project on El Cajon Boulevard. JEFFREY ESSEKOW Protea Properties Jeffrey Essakow is a Chartered Accountant and the Founding Partner of Protea Holdings, LLC, Protea Properties, LLC and Protea Property Management, Inc. He has developed in excess of $300 million in residential, commercial and retail projects and is currently masterplanning a 350,000-square foot, mixed -use project in the heart of La Jolla. As one of the three principals of Protea Water Development, Jeffrey provides leadership and direction for the economic and financial viability of the Seaport Project. As President of Protea Properties, Jeffrey oversees all development activities and is responsible for expanding the company's portfolio. His track record as a successful entrepreneur, paired with proven financial and management skills, position Protea as a company that can maximize the potential of real estate development. PAUL GHERINI Protea Properties Paul assists the Protea team with acquisitions and financial analysis. He was a critical part of securing the Seaport project. Paul's previous experience includes innovative adaptive reuse projects for Cruzan. He has been a NAIOP member for eight years, and now serves on the University Challenge and Developing Leader Steering Committees. Paul will support the team with his extensive knowledge of underwriting and financing. ARCHITECT TEAM CAROLINE KREISER The Miller Hull Partnership Caroline has over 20 years of diverse experience in the architectural profession. She brings passion for sustainable architecture and innovation as well as dedication to pragmatism to the project team. Her skills include a thoughtful approach to project development with sensitivity and respect for the nature of the site and the larger environment. Caroline contributes strong organizational and communication skills to the team. Furthermore, the meaningful integration of building, message and client goals are under Caroline's constant scrutiny. Other strengths include years of experience with public projects and construction administration, as well as leading design workshops and eco-charettes. BEN DALTON The Miller Hull Partnership As a design leader at Miller Hull, Ben brings over 15 years of experience, including highly complex and sustainable projects. As a leader to the design team, Ben is a great listener and he has a proven ability to sift through a project's complexities to find an elegant and meaningful design concept. He has demonstrated a history of integrating programmatic needs and project realities (i.e. schedule and budget parameters) with inspired conceptual solutions. He will provide continual inspiration to the team and collaborate with all parties to turn the design into built reality. LANDSCAPE ARCHITECT DAVID MCCULLOUGH McCullough Landscape Architecture (MLA) As principal landscape architect, David oversees all aspects of the design and production of firm projects at MLA. He serves as head designer on all projects and maintains quality control on all work completed. Previous projects have eamed awards and recognition in several national publications. MLA creates spaces for many hospitality, retail, mixed -use and institutional properties around the world. 8TH & 8 I NATIONAL CITY I MALICK INFILL DEVELOPMENT & PROTEA PROPERTIES 8 l!q!4x3 l oN lauwgoelly Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. O) 0) 0 N W W A GREAT PROJECT IS SEEN THROUGH WITH AN EXPERIENCED TEAM. STRUCTURAL ENGINEER TEAM RYAN SLAYBAUGH DCI Engineers Ryan Slaybaugh has extensive experience providing structural engineering services for the design and construction administration of many different types of projects; including hospitality, parking and mixed - use projects. Ryan has successfully managed many high -profile projects and he specializes in the design of large cast -in -place concrete and post -tensioned concrete multi -family residential structures and hotels. He is also extremely knowledgeable about current building codes and construction practices in both Washington and California. JONATHAN DECK DCI Engineers Jonathan Deck has experience providing structural engineering services for the design and construction administration of many different types of projects including residential, hospitality, higher education, military and mixeduse projects. Jonathan specializes in concrete and post -tensioned concrete, multi -family residential structures and hotels. He is also well - versed with regards to current building codes and construction practices in California. CIVIL ENGINEER MICHAEL SCHWEITZER SWS Engineering Mr. Schweitzer has successfully managed the design and development of many similar projects throughout Southern California, and applies this experience to provide smart, sustainable and cost-effective site designs. Working collaboratively with the project owner and integral team members, Michael aids in maximizing the crucial components of a successful infill project including innovative storm water treatment alternatives, parking optimization and aesthetically pleasing and functional grading and offsite improvements. In addition, Mr. Schweitzer s experience provides valuable knowledge of processing through regional goveming agencies, aiding in thoughtful navigation and helping ensure projects are completed on -time and on -budget. LOCAL FOOD & BEVERAGE CONSULTANT PHIL ESTEBAN A graduate of The Culinary Institute of San Diego, Phillip brings a wealth of culinary experience, including The Guild Restaurant & Lounge in Barrio Logan, Craft & Commerce, and Tender Greens, where he spent five years helping to expand the brand in Southem California. After a stint in New York City, Estaban joined local all-star chef Jason Knibb at La Jolla's NINE -TEN before moving on to launch The Cork & Craft successfully putting the Rancho Bernardo restaurant on the culinary map. In his current role as Research & Development Chef of CH Projects, Esteban oversees menu development and contributes to the hospitality group's culinary growth as it continues to refine its popular restaurants, including Ironside Fish & Oyster, UnderBelly and Craft & Commerce, and develop new restaurant concepts, including its newest offering, Bom & Raised, in Little Italy. As Local Food & Beverage Consultant, Phillip will assist the development team in formulating food and beverage concepts for both the signature restaurant and micro F&B outlets, and targeting outreach to engage potential tenants. HOSPITALITY & LIFESTYLE CONSULTANT KATHY BREEDLOVE Kathy brings over 10 years' experience in resort planning and the design and marketing of lifestyle experiences with a portfolio of resort real estate offerings, including Beach Village at the Hotel del Coronado; The Fitzgerald at Grove Park Inn, Asheville, North Carolina; and Montelucia Resort Villas, Scottsdale, Arizona. Kathy will work with the development team to refine the project design and amenity mix to create a sense of community identity that will attract and retain residents of mixed ages and incomes. HOUSING & INTERIOR DESIGN CONSULTANT PAMELA SALISBURY Pamela has an extensive interior design and architecture background, and has spent the last six years working in Facilities Operations for the U.S. Navy. Pamela graduated Magna cum Laude from NewSchool of Architecture and Design with a Master of Architecture, and studied architecture at the Harvard Graduate School of Design. Her Masters' thesis included extensive study of military housing environments. Pamela will assist the development team in designing an environment that will resonate with military personnel, including a curated mix of retail and residential amenities. IDENTITY, SIGNAGE, BRANDING CONSULTANT LINDA SKEMP A graphic designer and art director for over 10 years, Linda has a wide variety of design experience ranging from print and digital marketing to 360° advertising campaigns. She has worked with companies of all sizes, from large brands such as Dasani/Coca-Cola and Intuit to mid- size as well as smaller local businesses. Linda will collaborate with the team to ensure high quality and consistency in the project branding, signage and marketing materials. 8TH & B I NATIONAL CITY I MALICK INFILL DEVELOPMENT & PROTEA PROPERTIES 8 l!q!4x3 l oN lauwgoelly Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. ARCHITECTURAL NARRATIVE DOWNTOWN NATIONAL CITY IS POISED TO TAKE A MAJOR LEAP FORWARD IN BECOMING THE NEXT GREAT URBAN NEIGHBORHOOD. With its small town vibe, local character, existing services and proximity to both the Navy and the heart of San Diego's downtown, National City has an opportunity to develop a vibrant urban center uniquely its own. 8th & B is a development that recognizes this potential and is designed to be a launch point for the urban lifestyle. Great variety is offered for both retail and residential typologies within the building. To succeed in an emerging urban location, the development team understands the importance of activating the street and curating retail opportunities at a range of scales, promoting both attainable options for local businesses and variety for its customers. Each street facade is designed to respect the successful parts of the existing architectural fabric while looking to catalyze the future ofa more walkable, 24/7 urban fife. On the south end of the block, traditional townhouses are proposed to respect the neighborhood scale along 9" Street. Brick will be used in the townhouse facades to insure a quality housing product and to pull from the charming character of the historic row houses on A Street. This scale of home is rare in new urban developments and offers opportunities for families to remain in an urban space. As 8th & B tums the comer, a vibrant streetscape with micro retail storefronts is planned along B Ave, providing visual interest to pedestrians. Small scale start-up retailers and eateries will get their start in these 400sf shops and deliver an array of options in an emerging location that would not be possible with traditionally sized retail. Brick is continued at the upper levels of this east facade and the scale jump is subtle with Terrace Town homes sitting above a 25' podium. These upper level residences are 2 bedroom units and offer additional diversity to the housing options offered. The lobby for the main residential building is also located and -block on B Ave, contributing to an active street life. Along 8th Street the 25' podium continues and establishes a street frontage appropriately scaled for an urban center. At 25', the podium provides high volume space to retail tenants and aligns with the existing Auction House facade which will be renovated and restored to serve as the home for a new signature restaurant. Leasable spaces along 8th Street will be more traditional in depth at 30' providing an attractive retail space for larger tenants or a neighborhood artisan market concept The north end of the alley on the west side of the building is proposed to be captured as a new parklet/public gathering space. Developed as part of the 8th & B development the parklet will support the new restaurant with opportunities for outdoor seating, but will also be available to the public at all times. Above the 25' podium, the residential building takes a final leap in scale and rises to the 90' height limit with 6 floors of residential micro -units. The east side of the residential tower includes a view deck shaded with photovoltaic panels. One of the more interesting aspects of the project is a shared podium level fully opening to 8th street on the northeast corner. This terrace level takes full advantage of the local climate, providing over 5000sf of shared outdoor amenity space. Opening onto this outdoor area are a shared club room and large fitness room. The terrace opens fuly at the northeast comer with lounge seating and BBQ area - activating the street corner of 8th & B from above. The architectural design will have a clean, modern feel while respecting the neighborhood context with a building offering a variety of scales instead of one large mass. The development will be an attractive addition to the downtown area, while contributing to an enhanced architectural image for National City. The building will be designed to a LEED®silver-equivalent and will include sustainable features such as solar PV and green roofs. 8TH & B I NATIONAL CITY I MALICK INFILL DEVELOPMENT & PROTEA PROPERTIES 8 l!q!4x3 l oN lauwgoelly Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. I) Co 0 N W G) e TERRACE TOWNHOMES 11 1 MICRO -UNITS CO -LIVING SUITES l Hi Hi Ili Ili Hi Hi MM.= MN INN Imo!: Arisal ii! nsussir i;G iii l I11 11_�; �11 _-ii nag ii_ii ■rrr.I■•• �rrri■ 1111111 (6>t nA •••ACM 1 i ROWHO MES Not DOWNTOWN IN ONE BUILDING \\ / /-i . \ / i RETAIL & FAST CASUAL FOOD u RETAIL & ANCHOR FOOD as �f► ;IPA THE PROPOSED BUILDING, WILL ACT AS A CATALYST FOR THE DEVELOPMENT OF DOWNTOWN NATIONAL CITY. 8" and B will have a variety of residential unit types that will appeal to a wide ranging demographic. The Rowhomes along 9" street are ideal for families. The Terrace Townhomes are ideal for small families, couples, and singles. The micro units will ideally suit military personnel, singles, and minimalist couples. Co -Living suites will allow opportunities for roommates, live/work spaces, and students. By incorporating micro and shared living units into the building, the density will be increased beyond that of a typical market -rate project. Additionally, the flexible micro -retail at the ground level will provide multitude of storefronts, with retail bays sized to support companies from start-up level to larger established vendors. Incorporating opportunities for local food vendors and smaller retailers will help to immediately activate 8th and B streets. The density of the deveoplment provides much needed foot traffic to support local retail. Activation of the street with the use of landscaping, public art, and streetside dining will also help to create a vibrant street life. BTH & B I NATIONAL CITY I MALICK INFILL DEVELOPMENT & PROTEA PROPERTIES 21 •oN ieuwyoe11y Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. CO -LIVING CONCEPT EAST/WEST SECTION GYM, LAUNDRY, FAMILY ROOM SHARED SPACE BACKYARD & BBO GATHERING SPACE Y 7T.c PilillrEl 3RD SPACE/DINING TABLE NEIGHBORHOOD SPACE IIIIIIL1L. * f; If 'tho R THE WHOLE BUILDING SERVES AS YOUR HOME Co -living is gaining traction for a variety of reasons. Whether a couple wants to downsize to gain financial freedom or a young professional wants to simplify their fife, co -living can provide an ideal living solution for many people. 8' and B will provide the residents with generous shared amenity areas, including outdoor living, providing the opportunity to socialize with friends and neighbors. The building will become their home and the neighborhood is the amenity, allowing residents to experience everyday fife in a new way. • i • • Art SKY LOUNGE SHARED SPACE INDIVIDUAL BALCONIES T T+ PRIVATE SPACE ris BEDROOM Bl6Y er. 71V4 PERSONAL SPACE GARAGE STORAGE BTU 813 I NATIONAL CITY I MALICK INFILL DEVELOPMENT 8 PROTEA PROPERTIES 22 •oN ieuwyoe11y Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. T.O.4T•PpARMET r NORTH/SOUTH SECTION SKY LOUNGE SHARED SPACE i 8TH & 8 I NATIONAL CITY I MALICK INFILL DEVELOPMENT & PROTEA PROPERTIES 8 l!q!4x3 l oN lauwgoelly Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. ■ RETAIL ■ ROWHOMES 21 AMENITY BUILDING AREAS - level I.2 PARKING COUNTS STD ADA MOTO IN GARAGE 64 3 2 ON GRADE 5 1 5 ON STREET 20 TOTALS 89 4 7 OVERALL 100 AREA BREAKDOWN (S.F.) ROW - PARKING RETAIL HOMES FLOOR 1 12,000 5,24C 2,600 FLOOR 2 12,000 2,94C 2,600 PODIUM TOWER TERRACE ROW - HOMES FLOOR 3 8,100 4,000 2,600 FLOOR 4 8,100 4,000 FLOOR S 8,100 FLOOR 6 8,100 FLOOR 7 8,100 FLOOR 8 4,100 OVERALL 92,580 UNIT BREAKDOWN 3-BD Rowhouses 6 Terrace Townhomes 10 Co -Living Suites 10 Micro -Units 82 Total Residential Units 108 Not shown in this drawing is bike storage. which is provided in a secured. cov- ered area of the garage and will hold approximately 54 bikes or a ratio of half a bike per unit. 8TH & B I NATIONAL CITY I MALICK INFILL DEVELOPMENT & PROTEA PROPERTIES 24 •oN ieuwyoe11y Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. ■ RETAIL ■ ROWHOMES ■ TERRACE TOWNHOMES ■ CO -LIVING SUITE ▪ AMENITY ■ MICRO UNITS BUILDING AREAS - level 3 C ED PARKING COUNTS STD ADA MOTO IN GARAGE 64 3 2 ON GRADE 5 1 5 ON STREET 20 TOTALS 89 4 7 OVERALL 100 AREA BREAKDOWN (S.F.) ROW - PARKING RETAIL HOMES FLOOR 1 12,000 5,240 2,600 FLOOR 2 12,000 2,940 2,600 PODIUM TOWER TERRACE ROW - HOMES FLOOR 3 8,100 4,000 2,60C FLOOR 4 8.100 4,000 FLOORS 8,100 FLOOR 6 8,100 FLOOR 7 8,100 FLOOR 8 4,100 OVERALL 92,580 UNIT BREAKDOWN 3-BD Rowhouses 6 Terrace Townhomes 10 Co -Living Suites 10 Micro -Units 82 Total Residential Units 108 Roughly 2.000 SF of conditioned amenity space will be provided at terrace level and is represented by the yellow box. Outdoor amenity space at the terrace level is roughly 5,000 SF and at the Sky Lounge roughly 1,000 SF. 8TH 88 I NATIONAL CITY I MALICK INFILL DEVELOPMENT & PROTEA PROPERTIES 25 •oN ieuwyoe11y Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. ■ RETAIL ■ ROWHOMES ■ TERRACE TOWNHOMES ■ CO -LIVING SUITE AMENITY ■ MICRO UNITS BUILDING AREAS - summary PARKING COUNTS STD ADA MOTO IN GARAGE 64 3 2 ON GRADE 5 1 5 ON STREET 20 TOTALS 89 4 7 OVERALL 100 AREA BREAKDOWN (S.F.) ROW - PARKING RETAIL HOMES FLOOR 1 12,000 5,240 2,600 FLOOR 2 12,000 2,940 2,600 PODIUM TOWER TERRACE ROW HOMES FLOOR 3 8,100 4,000 2600 FLOOR 4 8,100 4,000 FLOOR 5 8,100 FLOOR 6 8,100 FLOOR 7 8,100 FLOOR 8 4,100 OVERALL 92,580 UNIT BREAKDOWN 3-BD Rowhouses 6 Terrace Townhomes 10 Co -Living Suites 10 Micro -Units 82 Total Residential Units 108 8TH & B I NATIONAL CITY I MALICK INFILL DEVELOPMENT & PROTEA PROPERTIES 26 •oN ieuwyoe11y Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. it-B. IDI MICRO UNIT 2 BEDROOM CO -LIVING SUITE REPRESENTATIVE UNIT PLANS 3 BEDROOM CO -LIVING SURE Not pictured: Terrace Townhomes and Rowhomes BTN & E NATIONAL CITY MALICK INFILL DEVELOPMENT & PROTEA PROPERTIES 27 8 l!q!4x3 l oN lauwgoelly Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. DEVELOPMENT ZONE 10 DEVELOPMENT ZONE 9 ■ REQUESTED DEVIATION FROM CURRENT 35' HEIGHT LIMIT ZONE 10 The development team has made every effort to design the project within the regulations of the Downtown Specific Plan. Balancing the difficult site constraints, financial feasibility and the development regulations, the proposed project deviates only slightly from the Downtown Specific Plan and proposed plan update. The project meets the intent of the plan if not all of the specific regulations. The development team will request a slight deviation from the current 36' height limit in zone 10 (to 47'), as well as the parking requirement reduction discussed on page 7. Both of these modifications are consistent with the intent of Specific Plan Update. Development Zone #9 FAR: 5:1 max, 2.5:1 minimum Maximum Height: 90' A Parcel Size: 14,375 SF Maximum density on 14 parcel: 71,875 SF Minimum density on 116 parcel: 35,938 SF Permitted Uses: mixed -use, Main Street retail focus Development Zone #10 FAR: 3:1 Maximum Height: 35'; Specific Plan update proposes 75' 14 Parcel Size: 14,375 SF Maximum density on 1 parcel: 43,125 SF Permitted Use: Weed -use, neighborhood focus PROPOSED Site FAR = 92,580/28,750 = 3.2 Note: The development team has not been able to determine the specific boundary between Zone 10 and Zone 9. The proposed overall FAR of 3.2 is within the FAR ranges of the Specific Plan. ZONING ANALYSIS ETH & B I NATIONAL CITY I MALICK INFILL DEVELOPMENT & PROTEA PROPERTIES 28 •oN ieuwyoe11y Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. LEVEL BTH & B I NATIONAL CITY I MALICK INFILL DEVELOPMENT & PROTEA PROPERTIES 29 •oN ieuwyoe11y Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. LEVEL 2 - UPPER PARKING DECK BTH & B I NATIONAL CITY I MALICK INFILL DEVELOPMENT & PROTEA PROPERTIES 30 •oN ieuwyoe11y Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. TERRACE LEVEL BTH & B NATIONAL CITY I MALICK INFILL DEVELOPMENT & PROTEA PROPERTIES 8 l!q!4x3 l oN lauwgoelly Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. TERRACE TOWNHOME - level 2 BTH & B I NATIONAL CITY I MALICK INFILL DEVELOPMENT 8 PROTEA PROPERTIES 32 •oN ieuwyoe11y Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. w 0 0 N CO W TYPICAL TOWER PLAN BTH & B I NATIONAL CITY I MALICK INFILL DEVELOPMENT & PROTEA PROPERTIES 33 141212MiamYm LOK41r Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. ROOF PLAN BTH & 8 I NATIONAL CITY I MALICK INFILL DEVELOPMENT 8 PROTEA PROPERTIES BoazimmEmATA Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. y5 1 fl�lll� IITEF II flif'fffl')I1 '1-I--i''ID I_EIEHIEFIEtrEEE 11111111.111119N1I4111111111111 ! wins • ©� -- �1 �!!��n��-•�••� nullmunIIIllllnIIIllllnIIII�-_.---------- ""'=" ili , nib n l��ai, i! t I I f ALB _ N n A • rk' EAST ELEVATION The design of the east elevation features a pedestrian orientation which will foster a vibrant and active street life. The development team envisions fast casual eateries with indoor/outdoor counter seating, and/or other retail spaces with glass storefronts. STREET ACTIVATION - site furnishings & parklets ETN & E I NATIONAL CITY I MALICK INFILL DEVELOPMENT & PROTEA PROPERTIES 35 141212MiamYm LOK41r Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. co oP 0 N W co �����ullllllll(J/„ „�.f ALLEY TRANSFORMATION "cl" 7n71 aim iii POTENTIAL MURAL SPACE PARKLET WEST ELEVATION A signature restaurant behind the vintage H&M Goodies Family Auction storefront will feature roll -up doors opening to outdoor seating in the new parklet. The west elevation includes multiple opporunities for public art in the parklet space and murals above garage entrance. ETN E B I NATIONAL CITY I MALICK INFILL DEVELOPMENT E PROTEA PROPERTIES 36 UNIL112MIELmY lUIEKJ a� Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. .n1.11/MMIMIN...e r'S r � ,-• RETAIL ACTIVATION It t I I Aro/trot'w NEWSOM Nil 1I�! 111 IIII,11 EmrhiAA , tt* RESTORED AUCTION FACADE DO'111I11 6 NORTH ELEVATION The North elevation maintains the Main Street look and feel by retaining the existing Auction House storefront with its clerestory windows and Art Deco detailing. A signature restaurant in this space will open to the new parklet in the front portion of the alleyway, creating an energetic street -level experience. 8TH & B 1 NATIONAL CITY 1 MALICK INFILL DEVELOPMENT & PROTEA PROPERTIES 37 8 l!q!4x3 l oN lauwgoelly Exhibit 11B" to the Purchase and Sale Agreement for 130 E. 8th St. 3-story Townhomes along 9' street are in keeping with the residential scale and rhythm already established. These homes aim to reflect the character, charm and history of the surrounding single-family neighborhood CONTEST, SCALE, & CHARACTER BTU & B I NATIONAL CITY I MALICK INFILL DEVELOPMENT 8 PROTEA PROPERTIES 38 •oN ieuwyoe11y Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. \ttachmnet No. 1 Exhibit "B" BTN B B I NATIONAL CITY I MALICK INFILL DEVELOPMENT 8 PROTEA PROPERTIES Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. �It�, V4YC h0i +i Ili'k iJi01 VIEW FROM CORNER OF STH AND B BTN & B I NATIONAL CITY I MALICE INFILL DEVELOPMENT 8 PROTEA PROPERTIES 40 m x W Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. '11 ',"-toldrigkilitita:iVor 6, chmnet No. 1 Exhibit "B" MarIMMEIDEOEIDEN MAUCK INFILL DEVELOPMENT & PROTEA PROPERTIE • x i.it to t e -urchase an• ale •reement or • :th t % ' - 4 \.v © 0 umt / w ar `1 i \¥:« VIEW FROM $TH ST AND ALLEY m& B,NATIONAL CITY ,_a_aDEVELOPMENT ._TEAPROPERTIES 42 \ ¥ Exhibit"E to the Purchase and Sale Agreement for 130EnhlSt ',',' x !bit :" to t e `urchase an• ale •reement or • .:th t COMMUNITY BENEFITS THE DEVELOPMENT AT 8" AND B IS INTENDED TO EMBRACE AND ENGAGE THE COMMUNITY, OFFERING A GREAT PLACE TO LIVE, WORK AND PLAY AND CONTRIBUTING TO THE REEMERGENCE OF DOWNTOWN NATIONAL CITY AS A THRIVING CITY CENTER. In keeping with the vision and policies outlined in the National City Downtown Specific Plan, the 8" and B this development will be a model for a vibrant, pedestrian oriented, walkable downtown center, with high quality street - facing buildings and a visually appealing streetscape that supports street level activities. This project will meet the goals and objectives of the National City Downtown Specific Plan as follows: ECONOMIC INVESTMENT OBJECTIVES • Encourage investment in the downtown area by serving as a catalyst for future development • Coordinate with the Navy to encourage more military personnel to live and shop in downtown by providing housing opportunities and retail well -suited for their needs • Encourage more housing in downtown to help support local retail and service markets by providing 108 new housing units downtown • Create a mixture of services and retail opportunities within the downtown to help keep money in the local economy by providing 7000 SF of retail and restaurant opportunities NAVAL SASE SAN DIEGO I-7.ot- Away Novo! Surface forcer 411 6.066611 j- PARKING OBJECTIVES • Provides for smaller units with associated lowered parking requirements (82 micro living units with a proposed parking ration of 0.5) • Includes Transportation Demand Management plan to encourage altemate forms of transportation • Provides altemative parking space for other forms of transportation including motorcycles, scooters, bikes, small autos/electric vehicles • Provides curb space for ridesharelvanpoollcarshareltuture autonomous vehicle drop off LAND USE AND URBAN DESIGN OBJECTIVES • Adds density in close proximity to the trolley and high performing transit • Provides micro -units with appropriate amenities • Maintains the Main Street look and feel of 8' Street while allowing for new development • Allows for adaptive reuse for neighborhood character and Main Street storefronts by retaining the vintage auctionhouse storefront • Provides buffers to single family neighborhoods in/or adjacent to the Specific Plan area to provide a transition to higher density development: (The townhomes on 9" Street will provide a residential scale adjacent to the single family neighborhood and provide a transition to the higher density multi -family development) MOBILITY AND ACCESS • Provides for clustered development with access to transit, amenities and services • Provides a mix of local land uses that could help to lower trips and vehicular miles travelled BTH 8 B I NATIONAL CITY I MALICK INFILL DEVELOPMENT & PROTEA PROPERTIES 44 •oN ieuwyoe11y Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. SCHEDULE Title Given Planned Work # Predecessors Expected Start 0 c3 8th and Market Project 8/1/17 1 ENA Executed 8/1/17 2 Environmental &Soils Tests 6 weeks 8/1/17 3 Appraisal 4weeks 2 9/12/17 4 Negeotlate DDA 12 weeks 10/10/17 5 Sign Compensation Agreement 4 1/1/18 6 Schematic Design 3 months 5 1/2/18 7 Design Development 3 months 6 3/27/18 8 50% Design Development 7SF+6 weeks 5/7/18 9 Construction Documentation 5 months 7 6/19/18 10 Building Permit Processing 6 months 9FF+17 weeks 9/18/18 11 100%Construction Drawings 9 11/5/18 12 Construction Contract Executed 10SF+5 months 2/4/19 13 Construction Loan Executed 145F-1 week 2/26/19 14 Building Permit Issued 10 3/4/19 Land Purchased from City 14FS+3 days 3/7/19 16 Ground Breaking 3/7/19 17 Construction Phase 16 months 10 3/5/19 18 Demo 4weeks 1755 3/5/19 19 Grading & Excavating 5 weeks 18 4/2/19 20 Occupancy Permit 17 5/25/20 01/ 201 02 /2017 03 / 2017 04/2017 01/2018 02/2018 03/2018 04/2018 01/2019 02/2019 1 03/2019 04 / 2019 01/2020 02/2020 02 103 04I 05I 06 8th and Market Proj ENA Execute Environmental & Solis Te 07I 08I 09 1 is Appraisal egeotiate DDA 10 I 111 12 01 102 103 04I 05 106 07I 08I 09 to 11 112 01 IO2I03 04 105 106 07 108 109 10I1112 01 102 103 04I 05 106 S gn Compensation Agreement Schematic Design Design S0% Ds velopment sign Deseloprne onstructlon Doc 1 mentatlon 15 months Building Permlt rocessing 100%Con ruction Dr wing Construction Contract Execut Construction Loan Ex Building Permit Issued Land Purchased fr m City Ground 6 eking Construct) n Phase In reviewing the Information provided In these materials, please keep In mind that the 8th and 8 project Is still In the development stage; many of the items are preliminary concepts or estimates. We are actively reviewing and refining the Project to reflect ste and market conditions and opportunities, feedback from the City and other stakeholders, and other considerations. As a result, many aspects of the Project described In these materials, Including but not limited to, the cost, design (Including unt types, unit count, and square footages), programming (Including target retail tenant mix), proformas, and development schedule, will change overtime. Please contact us if you wish to receive an update on the Project or on any of the information contained herein. 8TM 8 B I NATIONAL CITY I MALICK INFILL DEVELOPMENT & PROTEA PROPERTIES 45 8 l!q!4x3 l oN lauwgoelly Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. Table 1 Project Description Table 2 Estimated Development Costs I. Total Site Area I. Aquistion Costs A. Subject Site 0.66 Acres Subject Site B. Private Parcels 0 Acres Private Parcels C. Total Site Area 0.66 Acres II. Gross Building Area II. Direct Costs IV. B. Residential - Rental Net Rentable Area 47,060 SF Tower Circulation* 11,100 Lobby 760 Gym/Laundry/Common 2,800 Common Areas/Circulation 14,660 SF Gross Building Area 61,720 SF C. Commercial Net Leasable Area 5,240 SF Common Areas/Circulation - SF D. Parking 24,000 SF E. Grand Total GBA 92,580 SF Construction Type Rowhomes on Grade Type V Commercial & Parking Type I Townhomes on Podium Type V Co -Living Tower Type III Number of Stories Above Grade Tower 7 Stories V. Unit Mix B. Residential - Rental MicroUnit (Studio) 82 Units Co -Living Suite (2 Bed) 6 Units Co -Living Suite (3 Bed) 4 Units Podium Townhomes (2 Bed) 10 Units Rowhomes (3 Bed) 6 Units VI. Parking A. Garage Parking 69 Spaces B. Covered on Grade Parking 11 Spaces C. Street Parking 20 Spaces D. Total Parking 100 Spaces 300 SF 650 SF 690 SF 800 SF 1300 SF *Covered Unconditioned Space Note: Area Calculations may slightly differ from FAR calculations elsewhere in this package. Total Acquisition Costs $ 500,000 $ 500,000 Off Site Improvements $ 100,000 On Site Improvements/Landscaping $ 100,000 Remediation $ 85,000 Parking $ 1,200,000 Shell Construction - Residential - Rental $ 12,044,855 Shell Construction - Commercial $ 1,572,000 Tenant Improvements - Commercial $ 100,000 Amenities/FF&E $ 577,200 Contingency $ 1,495,645 Total Direct Costs $ 17,274,700 PREVAILING WAGE REQUIREMENTS ARE NOT INCLUDED IN THE DIRECT COSTS ABOVE. 111. Indirect Costs Architecture & Engineering $ 1,381,976 Permits & Fees $ 1,750,000 Legal & Accounting $ 65,000 Taxes & Insurance $ 110,000 Developer Fee $ 863,735 Marketing/Lease-Up Residential $ 25,000 Marketing/Lease-Up Commercial $ 25,000 Contingency $ 335,698 Total Indirect Costs $ 4,556,409 IV. V. Financing Fees Loan Fees Interest During Construction Interest During Lease -Up Operating Reserves Lease -Up Total Financing Cost $ 246,000 $ 758,000 $ 822,000 $ 74,000 $ 1,900,000 Total Development Costs $ 24,231,108 In reviewing the Information provided In these materials, please keep In mind that the 8th and 8 project Is still In the development stage; many of the items are preliminary concepts or estimates. We are actively reviewing and refining the Project to reflect site and market conditions and opportunities, feedback from the City and other stakeholders, and other considerations. As a result, many aspects of the Project described In these materials, Including but not limited to, the cost, design (Including unit types, unit count, and square footages), programming (Including target retail tenant mix), proformas, and development schedule, will change overtime. Please contact us if you wish to receive an update on the Project or on any of the information contained herein. 8TH & 8 I NATIONAL CITY I MALICK INFILL DEVELOPMENT & PROTEA PROPERTIES 46 8 l!q!4x3 l oN lauwgoelly Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. Table 4 Net Operating Income- Residential - Rental Residential Income MicroUnit - Studio Co -Living Suite (2-Bed) Co -Living Suite (3-Bed) Terrace Townhome (2-Bed) Rowhome (3-Bed) Total/Average # Units Monthly Rent 82 $ 1,400 6 $ 2,250 4 $ 3,200 10 $ 2,500 6 $ 2,995 108 $ 1,704 II. Total Residential Income Other Income $ 89.33 Unit/Month III. Gross Scheduled Income (GSI) (Less)Vacancy 5% IV. Effective Gross Income (EGI) V. Operating Expenses (Less) Operating Expenses (Less) Replacement Reserves (Less) Property Taxes (Less) Services/Amenities Total Operating Expenses $ (1,732.59) Unit/Year $ (577.53) Unit/Year $ (3,334.70) Unit/Year $ (130.47) Unit/Year $ (5,775.29) Unit/Year Rent/SF Total Annual $ 4.67 $ 1,377,600 $ 3.46 $ 162,000 $ 4.64 $ 153,600 $ 3.13 $ 300,000 $ 2.30 $ 215,640 $ 4.32 $ 2,208,840 Table 5 Net Operating Income - Commercial I. Gross Scheduled Income (GSI) SF Rent/SF Total Annual Boutique Commercial 1 400 $ 3.00 $ 14,400 Boutique Commercial 2 Boutique Commercial 3 Boutique Commercial 4 Boutique Commercial 5 Anchor Food & Beverage Total/Average GSI $ 115,770 II. Effective Gross Income (EGI) (Less) Vacancy Total Effective Gross Income $ 2,324,610 $ (116,231) $ 2,208,380 $ (187,119) $ (62,373) $ (360,147) $ (14,091) $ (623,731) VII. Net Operating Income (NOI) - Residential - Rental $ 1,584,649 III. Operating Expenses (Less) Commercial Operating Expenses 400 $ 3.00 $ 400 $ 3.00 $ 400 $ 3.00 $ 400 $ 3.00 $ 3240 $ 2.01 $ 5240 $ 2.39 $ 10% $ 14,400 14,400 14,400 14,400 78,000 150,000 (15,000) $ 135,000 (20, 250) IV. Net Operating Income (NOI) - Commercial $ 114,750 In reviewing the Information provided In these materials, please keep In mind that the 8th and 8 project Is still In the development stage; many of the items are preliminary concepts or estimates. We are actively reviewing and refining the Project to reflect site and market conditions and opportunities, feedback from the City and other stakeholders, and other considerations. As a result, many aspects of the Project described In these materials, Including but not limited to, the cost, design (Including unit types, unit count, and square footages), programming (Including target retail tenant mix), proformas, and development schedule. will change overtime. Please contact us if you wish to receive an update on the Project or on any of the information contained herein. BTH & B I NATIONAL CITY I MALICK INFILL DEVELOPMENT & PROTEA PROPERTIES 47 •oN ieuwyoe11y Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. Table 6 Financing Surplus/Deficit Table 7 Permanent Sources and Uses By Component I. Sources of Funds I. Uses of Funds Total Supportable Permanent Loan - Rental Residential $ 21,628,709 A. Development Costs $ 30,398,156 Equity Contribution $ 8,632,172 B. Proposed Land Payment $ 500,000 Income During Lease -Up $ 637,274 C. Total Uses of Funds $ 30,898,156 Total Sources of Funds $ 30,898,156 II. Permanent Sources of Funds II. (Less) Development Costs $ (24,231,108) A. Private Sources of Funds Equity $ 8,632,172 III. Financing Surplus/(Deficit) $ 6,667,048 Debt $ 21,628,709 Income during Lease -Up $ 637,274 (1) Supportable Perm Loan Assumptions: B. Public Sources of Funds Net Operating Income $ 1,699,399 Debt Service Coverage Ratio 1.20 C. Total Sources of Funds $ 30,898,156 Interest Rate 5.25% Term (Years)* 10 Annual Debt Service $ (1,433,214) This project meets the lending criteria to qualify as a residential structure. Commercial portion of project will not need to be separately financed. *Assumes 30 Year Amoritization In reviewing the information provided in these materials, please keep in mind that the 8th and B project is still in the development stage; many of the items are preliminary concepts or estimates. We are actively reviewing and refining the Project to reflect site and market conditions and opportunities, feedback from the City and other stakeholders, and other considerations. As a result, many aspects of the Project described in these materials. including but not limited to. the cost. design (including unit types. unit count. and square footages). programming (including target retail tenant mix), proformas, and development schedule, will change overtime. Please contact us if you wish to receive an update on the Project or on any of the information contained herein. 8TH 8 B I NATIONAL CITY I MALICK INFILL DEVELOPMENT 8 PROTEA PROPERTIES 48 •oN ieuwyoe11y Exhibit "B" to the Purchase and Sale Agreement for 130 E. 8th St. Attachment No. 1 Exhibit C Property Information Based on a preliminary consistency review the project is in line with the updated Downtown Specific Plan. 1 196 of 233 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THECITY MANAGER TO EXECUTE A REAL PROPERTY PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS FOR THE SALE OF PROPERTY LOCATED AT 130 EAST 8TH STREET IN NATIONAL CITY TO PROTEA NATIONAL CITY, LLC WHEREAS, the City owns certain real property ("Property") located at 130 East 8th Street in National City; and WHEREAS, the Property was designated as a site for future development by the Revised Long Range Property Management Plan approved by the State of California Department of Finance for properties previously Awned by the Successor Agency to Community Development Commission of the City of National City as the National City Redevelopment Agency; and WHEREAS, IDNP Holdings, LLC (Developer") responded to the Downtown National City Smart Growth Request for Proposals ("RFP") issued by the City on March 15, 2017; and WHEREAS, the City selected the Developer's proposal through the RFP process and entered into an Exclusive Negotiating Agreement with the Developer on June 20, 2017; and WHEREAS, the Developer has agreed to purchase the Property for the appraised value of $520,000 and has formed Protea National City, LLC as the entity that will purchase and hold title to the Property and construct the proposed project described in the Developer's proposal; and WHEREAS, the sale of the Property is subject to the execution of a Compensation Agreement between the affected taxing entities. NOW, THEREFORE, BE 1T RESOLVED that the City Council hereby authorizes the City Manager to execute a real property Purchase and Sale Agreement and Joint Escrow Instructions for the sale of property located at 130 East 8th Street in National City to Protea National City, LLC. PASSED and ADOPTED this 16' day of January, 2018. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Angil P, Morris -Jones City Attorney 197 of 233 CC/CDC-HA Agenda 1/16/2018 — Page 198 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving and authorizing the issuance of a written report pertaining to a moratorium ordinance prohibiting the issuance of massage technician permits or licenses for a period of 10 months and 15 198 of 233 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 16, 2018 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving and authorizing the issuance of a written report pertaining to a moratorium ordinance prohibiting the issuance of massage technician permits or licenses for a period of 10 months and 15 days, and prohibiting new massage establishments from locating within National City for a period of 10 months and 15 days. PREPARED BY: Nicole Pedone DEPARTMENT: City Attorney PHONE: EXPLANATION: Ext. 4221 Please see attached staff report. APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt resolution and authorize the issuance of report. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Proposed Resolution Exhibit "A": Report (Government Code Section 65858(d) 1199 of 233 l CALIFORNIA -F NATIONAL CITY e e U INCORPOg,ATED Office of the City Attorney STAFF REPORT SUBJECT: Resolution of the City Council of the City of National City approving and authorizing the issuance of a written report pertaining to a moratorium ordinance prohibiting the issuance of massage technician permits or licenses for a period of 10 months and 15 days, and prohibiting new massage establishments from locating within National City for a period of 10 months and 15 days. On March 7, 2017, the City Council enacted interim Ordinance No. 2017-2433 as an urgency ordinance, to take effect immediately, imposing a 45-day moratorium prohibiting the issuance of massage technician permits or licenses, and prohibiting new massage establishments from locating within the City. On April 4, 2017, the City Council adopted Resolution No. 2017-43 approving and authorizing issuance of a written report pertaining to a moratorium ordinance prohibiting the issuance of massage technician permits or licenses and prohibiting new massage establishments from locating within the City. On April 18, 2017, the City Council enacted Ordinance No. 2017-2435 as an urgency ordinance, to take effect immediately, extending the moratorium prohibiting the issuance of massage technician permits or licenses and prohibiting new massage establishments from locating with the City of National City for 10 months and 15 days. The moratorium will expire on March 5, 2018, unless extended. Section 65858(d) of the Government Code provides that 10 days prior to the expiration of an interim ordinance, the City Council shall issue a written report describing the measures taken to alleviate the condition that led to adoption of the ordinance. A report is attached which complies with the requirements of Section 65858(d). Briefly stated, the report, discusses the need to revise the City's regulations pertaining to such establishments, obtain Planning Commission approval, draft and review a new application procedure for these types of businesses and complete a City-wide comprehensive fee study expected to be finished in the summer of 2018. The proposed resolution would approve and authorize issuance of this report. An ordinance will be placed on the February 6, 2018 Council agenda proposing that the moratorium be extended for one more year as authorized by Section 65858(a) of the Government Code. Nicole Pedone Senior Assistant City Attorney 200 of 233 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING ISSUANCE OF A WRITTEN REPORT PERTAINING TO A MORATORIUM ORDINANCE PROHIBITING THE ISSUANCE OF MASSAGE TECHNICIAN PERMITS OR LICENSES FOR A PERIOD OF 10 MONTHS AND 15 DAYS AND PROHIBITING NEW MASSAGE ESTABLISHMENTS FROM LOCATING WITHIN NATIONAL CITY FOR A PERIOD OF 10 MONTHS AND 15 DAYS WHEREAS, at the City Council meeting of March 7, 2017, the City Council enacted Ordinance No. 2017-2433, "An Ordinance of the City Council of the City of National City Adopted Pursuant to Government Code Section 65858 as an Urgency Measure to take effect immediately, enacting a moratorium prohibiting the issuance of massage technician permits or licenses, and prohibiting new massage establishments from locating within the City of National City for a period of 45 days"; and WHEREAS, at the City Council meeting of April 18, 2017, the City Council enacted Ordinance No. 2017-2435, "An Ordinance of the City Council of the City of National City Adopted Pursuant to Government Code Section 65858 as an Urgency Measure to take effect immediately, extending for 10 months and 15 days a moratorium prohibiting the issuance of massage technician permits or licenses, and prohibiting new massage establishments from locating within the City of National City"; and WHEREAS, the moratorium enacted pursuant to Ordinance No. 2017- 2435 will expire on March 5, 2018, subject to extension for one year by action of the City Council; and WHEREAS, Section 65858(d) of the Government Code provides that 10 days prior to the expiration of the interim ordinance or any extension, the legislative body shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance; and WHEREAS, a Report satisfying the requirements of Government Code Section 65858(d) is attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, issuance of the Report by the City Council is a necessary action for the Council to be able to consider a further extension of the moratorium. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby finds and determines that the Report attached hereto as Exhibit "A" satisfies the requirements of Government Code Section 65858(d), and hereby approves and authorizes issuance of said Report. [Signature Page to Follow] 201 of 233 Resolution No. 2018 — Page Two PASSED and ADOPTED this 16th day of January, 2018. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Ron Morrison, Mayor 202 of 233 EXHIBIT A REPORT TO THE CITY COUNCIL MORATORIUM ORDINANCE PROHIBITING THE ISSUANCE OF MASSAGE TECHNICIAN PERMITS OR LICENSES FOR A PERIOD OF 10 MONTHS AND 15 DAYS, AND PROHIBITING NEW MASSAGE ESTABLISHMENTS FROM LOCATING WITHIN THE CITY FORA PERIOD OF 10 MONTHS AND 15 DAYS (Government Code Section 65858(d)) On March 7, 2017, the City Council enacted Ordinance No. 2017-2433 as an urgency ordinance, to take effect immediately, imposing a 45-day moratorium prohibiting the issuance of massage technician permits or licenses, and prohibiting new massage establishments from locating within the City. The police department had reported an increase in prostitution activity at several massage businesses in the City, including instances of human trafficking. On April 4, 2017, the City Council adopted Resolution No. 2017-43 approving and authorizing issuance of a written report pertaining to a moratorium ordinance prohibiting the issuance of massage technician permits or licenses and prohibiting new massage establishments from locating within the City. City staff inventoried all of the massage businesses in the City and took appropriate steps to ensure the illegal massage businesses shut down and vacated the premises. On April 18, 2017, the City Council held a public hearing, and after oral and documentary evidence was heard adopted an urgency ordinance to extend for an additional period of 10 months and 15 days, the 45 day moratorium established by Ordinance No. 2017-2433. Since the last extension of that Ordinance, the City has taken the following actions to alleviate the condition that led to the adoption of the ordinance: 1. Review and Amendment of Current National City Municipal Code regulations: The City Attorney's Office continues to revise Chapters 10.70 (Police Regulated Business Regulations), 10.79 (Massage Establishments), and 18.30 (Adult Oriented Businesses). The City Attorney's Office has had regular meetings, and continues to have regular meetings, with the Planning Department, Finance Department, Neighborhood Services, Fire, and Police, to discuss properly zoning massage establishments and establishing a Conditional Use Permit requirement. This review also includes a review of other city municipal codes related to massage businesses within San Diego County. The City has also consulted, and continues to consult, with the California Massage Therapy Council ("CAMTC") as the new ordinance gets drafted. CAMTC is the agency tasked, by the California state legislature, to certify all massage professions in California and set the minimum standards for training and curriculum for massage professionals in California. January 16, 2018 1 Report to the City Council Resolution No. 2018- Extension of Massage Moratorium 203 of 233 EXHIBIT A 2. Drafting and Establishing an Application and Other Procedures for Opening a Massage - Related Business in the City: The City Attorney's Office met with other City Departments, including Planning, Finance, Neighborhood Services, Police and Fire to draft and review a new application procedure for massage businesses, including fee schedules related to obtaining businesses licenses and the required permits for these types of businesses. The City is currently undergoing a City-wide fee schedule study and update which has not yet been completed. It is estimated that this fee study and update will be completed by the summer of 2018. It is imperative that the fee study be completed before the new massage regulations and procedures go into effect. Our current municipal code only allows for the City to charge an annual business license fee for these types of businesses which does not cover the cost of regulating these businesses by various City departments. The comprehensive fee study will include a regulatory fee that will aid law enforcement and other city departments in investigating and regulating these types of businesses. 3. Review of Inquires/Pending Permit Applications: Since the last report to City Council on April 4, 2017, and since the last extension of the moratorium on April 18, 2017, there has been one inquiry to the City's Finance Department about a license or permit for a massage establishment. This inquiry was by an existing massage -related business named "So Relaxed" located inside Plaza Bonita Mall. This business is currently operating and approved as a kiosk in the mall with massage chairs and for foot reflexology at a store front in the mall. They have inquired about expanding their business. The City Attorney's Office has been in contact with the business owner regarding the moratorium and the new pending regulations. Summary The moratorium was originally enacted due to the need for the City to revise its regulations pertaining to massage technician permits and massage establishments so that it is in accordance with State law. City staff is preparing a new ordinance which includes revisions in three different chapters of the National City Municipal Code. This includes a revision in the City's land use code which will trigger Planning Commission approval. The City Attorney's Office continues to collaborate with several different City departments to draft and review a new application procedure for these types of businesses which will include the CUP process and permit fees. The City is currently undergoing a comprehensive fee study which is expected to be completed in the summer of 2018. The fee schedule will, among other things, provide for the appropriate fees to open up a massage related business, i.e. business license fees, regulatory fees, and police permit fees. City staff needs additional time to finish drafting a comprehensive ordinance pertaining to massage related establishments, a new application procedure for these types of businesses and to receive the final fee study. January 16, 2018 2 Report to the City Council Resolution No. 2018- Extension of Massage Moratorium 204 of 233 CC/CDC-HA Agenda 1/16/2018 — Page 205 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City amending City Council Policy # 802, "City Support for Special Events, Activities, Programs and Services," 1) adding the requirement that documentation be provided for allowable incurred expenses 205 of 233 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 16, 2018 AGENDA ITEM NO.: I ITEM TITLE Resolution of the City Council of the City of National City amending City eounce Policy* 802, "City Support for Special Events, Activities, Programs and Services," 1) adding the requirement that documentation be provided for allowable incurred expenses related to a special event, program, service, or activity receiving funding support from the City; 2) adding clarifying language regarding deposits remitted in relation to special events of a commercial nature; 3) adding three organizations to National City Co -Sponsored Events; 4) removing National City Public Safety Fair from Sponsored Events; and 5) correcting typographical errors. Mark Roberts, Director of Finance and Finance and PREPARED BY: Armando Vergara, Director of Neighborhood Svcs DEPARTMENTS Neigh' orhood Services PHONE: 619-336-4330 APPROVED BY: EXPLANATION: See attached staff report. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: 0 FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefcre, not subject to environmental review. ORDINANCE: INTRODUCTION ❑ FINAL ADOPTION fl STAFF RECOMMENDATION: See recommendations enumerated in attached staff report. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Staff report 2. City Council Policy # 802, 'City Support for Special Events, Activities, Programs and Services" 3. Resolution 206 of 233 City Council Staff Report January 16, 2018 ITEM Staff Report: Resolution of the City Council of the City of National City authorizing the amendment of City Council Policy # 802, "City Support for Special Events, Activities, Programs and Services," 1) adding the requirement that documentation be provided for allowable incurred expenses related to a special event, program, service, or activity receiving funding support from the City; 2) adding clarifying language regarding deposits remitted in relation to special events of a commercial nature; 3) adding three organizations to National City Co - Sponsored Events Attachment "A;" 4) removing National City Public Safety Fair from Sponsored Events Attachment `B;" and 5) correcting typographical errors. EXPLANATION At its regular scheduled meeting of September 19, 2017, the City Council discussed documentation provided by organizations for funding received from the City for programs, services, and activities and directed staff to bring forward Council Policy # 802, "City Support for Special Events, Activities, Programs and Services," for discussion. At its regular scheduled meeting of November 15, 2016, the City Council gave direction to staff to bring back policy language intended to create accountability in such cases where the City Council provides funding to an outside group or individual for the performance of a program, service, or activity other than a special event or capital project. Having reviewed existing City Council policies, staff determined amendment of City Council Policy # 802 (the "Policy") was the most appropriate manner by which to provide for such accountability and proposed the following language, which was approved by the Council at its regular scheduled meeting of January 17, 2017: "To the extent economic conditions and the City's resources allow, one-time funding support may be authorized in support of a program, service or activity, other than a special event, when found by the City Council to be of benefit to the community- or the City. a. Requests must include a specific purpose for the funding (i.e. to pay, in whole or in part, for the purchase or rental of specific supplies or equipment). b. Payments will be processed by the Department of Finance upon receipt of documentation of allowable incurred expenses, in a format prescribed by the Director of Finance." As currently written, the Policy is not applicable to ongoing programs, services, or activities. Therefore, an organization receiving funding for such programs, services, or activities is not bound by the requirement to provide documentation of expenses. The expense documentation requirement- also does not apply to events co -sponsored by the City. 207 of 233 Page 2 Resolution of the City Council of the City of National City authorizing the amendment of City Council Policy # 802, "City Support for Special Events, Activities, Programs and Services," 1) adding the requirement that documentation be provided for allowable incurred expenses related to a special event, program, service, or activity receiving funding support from the City; 2) adding clarifying language regarding deposits remitted in relation to special events of a commercial nature; 3) adding three new listed organizations to National City Co -Sponsored Events Attachment "A;" 4) removing of National City Public Safety Fair from Sponsored Events Attachment "B;" and 5) correcting typographical errors. January 16, 2018 At its regular scheduled meeting of December 5, 2017, the City Council gave direction to staff to bring back policy language requiring that an individual or organization receiving funding support from the City for a special event, program, service, or activity provide documentation of allowable incurred expenses in relation to the special event, program, service, or activity, including receipts. Following the referenced City Council meeting, on December 6, 2017 the committee charged with the annual review of Policy 802 met to consider new non-profit applicants requesting consideration for City co-sponsorship. The recommendations of the committee have been incorporated into this report for a proposed comprehensive revision of the Policy. The committee, which met on December 6, 2017, is composed of Mayor Ron Morrison, Council Member Mona Rios, Deputy City Manager Brad Raulston, Neighborhood Services Director Armando Vergara, Community Services Recreation Superintendent Audrey Denham, and Public Works Park Superintendent Victor Uribe. The committee was presented with requests from three local non-profit organizations for consideration of inclusion as the co -sponsored events per the Policy. The following qualified applicant organizations were: o Las Palmas Elementary School — "Las Palmas 5k and 'Mile Walk" o Christmas with Kids — "Christmas with Kids" • National City Chamber of Commerce — "National City International Mariachi Festival" After review and discussion, the committee adopted the recommendation to add the three above listed organizations to the National City Co -Sponsored Event List Attachment "A." The committee also considered and adopted the recommendation to remove the following event listed on Attachment "B," which has now been combined with the "National Night Out" event and, as such; is now processed as a component of "National Night Out": ■ National City Police and Fire Departments — `National City Public Safety Fair" The committee was also in agreement with the revised policy's having a financial form or template which would apply to all sponsorship applications, providing accountability and consistency. Finally, staff also has reviewed the Policy for other amendments not affecting the intent of the Policy which are necessary or possible to improve its clarity and/or readability. These amendments are included in staff's recommended amendments. RECOMMENDATION With this item, staff recommends amendment of City Council Policy # 802, "City Support for Special Events, Activities, Programs and Services": 208 of 233 Page 3 Resolution of the City Council of the City of National City authorizing the amendment of City Council Policy # 802, "City Support for Special Events, Activities, Programs and Services," 1) adding the requirement that documentation be provided for allowable incurred expenses related to a special event, program, service, or activity receiving funding support from the City; 2) adding clarifying language regarding deposits remitted in relation to special events of a commercial nature; 3) adding three new listed organizations to National City Co -Sponsored Events Attachment "A;" 4) removing of National City Public Safety Fair from Sponsored Events Attachment "B;" and 5) correcting typographical errors. January 16, 2018 1. adding the requirement that documentation be provided for allowable incurred expenses related to a special event, program, service, or activity receiving funding support from the City; 2. addling clarifying language regarding deposits remitted in relation to special events of a commercial nature; 3. adding the three organizations listed above to National City Co -Sponsored Events Attachment "A;" 4. removing National City Public Safety Fair from Sponsored Events Attachment "B;" and 5. correcting typographical errors. ATTACHMENTS City Council Policy # 802, "City Support for Special Events, Activities, Programs and Services" Resolution 209 of 233 CITY COUNCIL POLICY CITY OF NATIONAL CITY I TITLE: City Support for Special Events, Activities, Programs and Services POLICY 802 ADOPTED: October 3, 2006 AMENDED: January 17, 2017 BACKGROUND: The Council recognizes that special events are a lifestyle that defines National City's history and makes our City unique. However, City Council is also concerned with the increasing cost of City support of special events, examples of which are concerts, festivals, parades and sporting events which take place at City parks and facilities or in City streets and rights -of -way. The Council notes that City support of special events, be it police traffic service, fire standby service or other support, is not specifically budgeted and is provided through reductions in the level of service for budgeted programs. DEFINITIONS: 1. "SPECIAL EVENT" as defined in Municipal Code Section 15.60.005 means any organized activity conducted for a common or collective purpose, use or benefit which involves the utilization of, or has an impact upon, public property or facilities and the need for providing municipal and public safety services in response to the event. Examples of Special Events include, but are not limited to: a. Parades b. Public concerts and other community cultural events c. Demonstrations d. Circuses e. Fairs and festivals f. Community or neighborhood block parties and street dances g. Mass participation sports (marathons, bicycles races and tours) 1•�. Film making activities i. Public speaker events 2. "CITY SUPPORT" means any City services required to maintain minimal interference and inconvenience to the general public resulting from a Special Event. City Support includes, but is not limited to: a. Special Event permit processing b. Police services c. Sanitation and cleanup d. Maintaining access for emergency vehicles and provision of medical care e. Street closures f. Use of City Stage, PA equipment and/or Information Trailer 210 of 233 TITLE: City Support for Special Events, Activities, Programs and Services POLICY 802 ADOPTED: October 3, 2006 AMENDED: January 17, 2017 City Support does not include internal security, crowdcontrol and other services considered the responsibility of the Special Event Sponsor. 3. `WON PROFIT" means a non-profit tax exempt organization (501(c)(3)) that is exempted from payment of income taxes by federal or state law and which has been in existence for a minimum of six (6) months preceding the date of application for a special event. 4. "PUBLIC FACILITY" means any property, building, or public access ,(street, park, theater, etc.) that lies within the City and which is owned or operated by the City for public benefit or usage. 5. "EVENT ORGANIZER" means any person, group, or corporation assuming responsibility for planning, promoting, and carrying out a Special Event. 6. "CITY MANAGER" means the City Manager or designee. 7. "CITY CO -SPONSORED EVENT" is defined as an annual event that occurs within the boundaries of National City. The co -sponsoring agency must be a National City non-profit or branch thereof and the event must benefit National City and its residents. Applications must be submitted as a special event application to the Neighborhood Services Department, deadlines are noted annually. The current City co-sponsorship events list (Attachment A) are considered grandfathered and will not need to apply annually for approval. 8. "CITY SPONSORED EVENT" is defined as an annual community -wide event that is planned and managed by one or more City departments. The current City sponsored events list (Attachment "B") are considered grandfathered and will not need to apply annually for approval. These events will not require a secondary City Council approval through the TUP or Special Event process. City Staff will process event applications and City Council will be updated of these events annually and or on a quarterly basis. PURPOSE: It is the purpose of this policy to provide guidelines for the support of special events, consistent with the least possible disruption to normal City services. POLICY: A. Co -Sponsored Events It is the policy of the City Council that 211 of 233 TITLE: City Support for Special Events, Activities, Programs and Services POLICY 802 ADOPTED: October 3, 2006 AMENDED: January 17, 2017 1. To the extent that economic conditions and the City's resources allow, the City manager upon City Council notification, may provide reasonable City support of up to $1,200 per event day to non-profit special events that benefit National City residents, are held wholly within City limits, and which are listed in Attachment A and are considered to be City co -sponsored annual events. 2. Any new non-profit applicant (not on Attachment A) requesting co-sponsorship must apply to be considered for the City co -sponsored event list which will be reviewed annually by the 802 policy committee. The 802 policy committee will recommend changes to the co -sponsored event list only when required on an annual basis (per Section 7 of Definitions- page 2). As a City co -sponsored event, organizations shall prominently place the City's logo in all advertising materials promoting the event and provide space for the City to set up an information booth, per the City Council's discretion. 3. Any new Special Event or TUP applicant not currently on the approved co- sponsored list and requesting fee waivers, may only be considered to have fees waived up to the minimum level of $1000 per event day. Attachments "A" and "8" are the current list of approved co -sponsored and sponsored events respectively. Any new events considering co-sponsorship must apply through the annual process. B. Sponsored Events It is the policy of the City Council that to the extent economic conditions and the City's resource allow, National City will sponsor and provide community -wide annual events which are listed in Attachment B. Event fees that are incurred by City departments will be charged against an account designed for that purpose. The City Manager shall notify the City Council of upcoming events on a quarterly basis. C. Other Evetats, Activities, Programs and Services It is the policy of the City Council that: 1. To the extent that economic conditions and the City's resources allow, the City Manager may provide City support for a special event conducted by a non-profit organization. City support would be limited to a waiver of permit processing fees and the event must benefit National City residents. Examples include an event where there is insufficient tiArie for Council approval, such as in the event of a catastrophe or an emergency situation. The City Manager shall notify the City Council of any such support on a monthly basis. 2. The City Manager shall charge City costs for any special event of a commercial nature; also, the City Manager shall require organizers of commercial special 212 of 233 TITLE: City Support for Special Events, Activities, Programs and Services POLICY 802 ADOPTED: October 3, 2006 AMENDED: January 17, 2017 events to pay the City a negotiated percentage of gross revenues of a flat fee. Such revenues will be deposited into the City's General Fund. 3. Proceeds from a special event of a commercial nature that benefits a local non- profit organization, shall show proof of donation within 10 business days. Such proof shall be submitted to the City's Finance Department (Revenue & Recovery). Failure to provide proof of donation will result in loss of deposit and may jeopardize future use of City facilities. 4. To the extent economic conditions and the City's resources allow, one-time funding support may be authorized in support of'a program, service or activity, other than a special event, when found by the City Council to be of benefit to the community or the City. a. Requests must include a specific purpose for the funding (i.e. to pay, in whole or in part, for the purchase or rental of specific supplies or equipment). b. Payments will be processed by the Department of Finance upon receipt of documentation of allowable incurred expenses, in a format prescribed by the Director of Finance. D. El Toyon Park The use of El Toyon Park for special events is prohibited. E. Use of Mobile Stage The mobile stage shall be used only on City parklands, and/or other public property within the limits of National City. Regular use that is approved annually includes starred events on Attachments "A" and "B". Any events outside this purview and requesting use of the City stage must apply through the special event process. The USER of the stage shall be responsible for any damage to the unit resulting from carelessness or misuse. RELATED POLICY REFERENCES: City Council Policy # 704 — Limitation on City Approved Special Events within the City City Council Policy # 801— Field and Facility Rules and Regulations 213 of 233 TITLE: City Support for Special Events, Activities, Programs and Services POLICY 802 ADOPTED: October 3, 2006 AMENDED: January 17, 2017 Event Title ATT,.s_ciLitmENT 'A, NATIONAL CITY CO -SPONSORED EVENTS Organizer Sweetwater Kiwanis Carnival Sweetwater Kiwanis Club Granger Jr. High Cultural Fair* Granger Jr. Hiah Job Fair July 4th Carnival* Mabuhay Festival Auto Heritage Days* Relay for Life* Salute to Navy Maytime Band Review Sweetwater High Homecoming Community Concert Band Series (up to 4 concerts annually/per year) Spirit of the Holidays Christmas. in July Clean -Ups 'Indicates use of City Mobile Stage N.C. Chamber of Commerce National City Host Lions Club Mabuhay Festival N.C. Chamber of Commerce American Cancer Society N.C. Chamber of Commerce Maytime Band Association Sweetwater High School N.C. Community Concert Band N.C. College Campus Lions Christmas in July Timiung March Snring Spring July June August August October October Fall Quarterly December Various Note: Co -sponsored events that reoccur on the same date, or weekend each year will maintain "first rights" to their date if the special event permit application is received within five months of the retuning event date. After the five - month application deadline, other interested parties will be able to apply. Events scheduled on recurring weekends (such as the I r; 2id 3''d 4th, or 5th weekend of a month) will be defined by the first date of the event is open to the public. 214 of 233 TITLE: City Support for Special Events, Activities, Programs and Services POLICY 802 ADOPTED: October 3, 2006 AMENDED: January 17, 2017 ATTACHMENT `B' NATIONAL CITY SPONSORED EVENTS Event Title Organizer Timing Movies in the Park Community Services Summer Miss. National City Pageant* Community Services July National Night Out Police, Community Services, FFA August 9/11 Remembrance Ceremony Fire September State of the City Mayor's Office Fall Tower of Terror* Fire, Community Services October Veteran's Day Community Services November Christmas Tree Lighting Community Services December Community Service Day Community Services April National City Public Safety Fair Police, Fire April *Indicates use of City Mobile Stage 215 of 233 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: City Support for Special Events, Activities, Programs and Services POLICY 802 ADOPTED: October 3, 2006 204-72018 AMENDED: January 116 BACKGROUND: The Council recognizes that special events are a lifestyle that defines National City's history and makes our City unique. However, City Council is also concerned with the increasing cost of City support of special events, examples of which are concerts, festivals, parades and sporting events which take place at City parks and facilities or in City streets and rights -of -way. The Council notes that City support of special events, be it police traffic service, fire standby service or other support, is not specifically budgeted and is provided through reductions in the level of service for budgeted programs. DEFINITIONS: 1. "SPECIAL EVENT" as defined in Municipal Code Section 15.60.005 means any organized activity conducted for a common or collective purpose, use or benefit which involves the utilization of, or has an impact upon, public property or facilities and the need for providing municipal and public safety services in response to the event. Examples of Special Events include, but are not limited to: a. Parades b. Public concerts and other community cultural events c. Demonstrations d. Circuses _. Fairs and fc.stiv7,[s f. Community or neighborhood block parties and street dances g. Mass participation sports (marathons, bicycles races and tours) h. Film making activities i. Public speaker events 2. "CITY SUPPORT" means any City services required to maintain minimal interference and inconvenience to the general public resulting from a Special Event. City Support includes, but is not limited to: a. Special Event permit processing b. Police services c. Sanitation and cleanup d. Maintaining access for emergency vehicles and provision of medical care e. Street closures f. Use of City Stage, PA equipment andfor Information Trailer 216 of 233 TITLE: City Support for Special Events, Activities, Programs and Services POLICY 802 ADOPTED: October 3, 2006 AMENDED: January -lr_. 2-04-72018 City Support does not include internal security, crowd control and other services considered the responsibility of the Special Event Sponsor. 3. "NON PROFIT" means a non-profit tax exempt organization (501(c)(3)) that is exempted from payment of income taxes by federal or state law and which has been in existence for a minimum of six (6) months preceding the date of application for a special event. 4. "PUBLIC FACILITY" means any property, building, or public access (street, park, theater; etc.) that lies within the City and which is owned or operated by the City for public benefit or usage. 5. `EVENT ORGANIZER" means any person, group, or corporation assuming responsibility for planning, promoting, and carrying out a Special Event. 6. "CITY MANAGER" means the City Manager or designee. 7. "CITY CO -SPONSORED EVENT" is defined as an annual event that occurs within the boundaries of National City. The co -sponsoring agency must be a National City non-profit or branch thereof and the event must benefit National City and its residents. Applications must be submitted as a special event application to the Neighborhood Services Department, deadlines are noted annually. The current City co-sponsorship events list (Attachment A ) are considered grandfathered and will not need to apply annually for approval. o. "CITY SPONSORED EVENT" is defined as an annual community -wide event that is planned and managed by one or more City departments. The current City sponsored events list (Attachment "B") are considered grandfathered and will not need to apply annually for approval. These events will not require a secondary City Council approval through the TU_TP or Special Event process. City Staff will i process event applications and City Council will be updated of these events annually and or on a quarterly basis. PURPOSE: It is the purpose of this policy to provide guidelines for the support of special events, consistent with the least possible disruption to normal City services. POLICY: A. Co -Sponsored Events It is the policy of the City Council that: 217 of 233 TITLE: City Support for Special Events, Activities, Programs and Services POLICY 802 ADOPTED: October 3, 2006 AMENDED; January -1'=1. 6, 72018 1. To the extent that economic conditions and the City's resources allow, the City manager upon City Council notification, may provide reasonable City support of up to $1,200 per event day to non-profit special events that benefit National City residents, are held wholly within City limits, and which are listed in Attachment "A" and are considered to be City co -sponsored annual events. 2. Any new non-profit applicant (not on Attachment "A") requesting co-sponsorship must apply to be considered for the City co -sponsored event list which will be reviewed annually by the 802 policy committee. The 802 policy committee will recommend changes to the co -sponsored event list only when required on an annual basis (per Section 7 of Definitions- page 2). As a City co -sponsored event, organizations shall prominently place the City's logo in all advertising materials promoting the event and provide space for the City to set up an information booth, per the City Council's discretion. 3. Any new Special Event or TUP applicant not currently on the approved co- sponsored list and requesting fee waivers, may only be considered to have fees waived up to the minimum level of $ l 000 per event day. Attachments "A" and "B" are the current list of approved co -sponsored and sponsored events respectively. Any new events considering co-sponsorship must apply through the annual process. B. Sponsored Events It is the policy of the City Council that to the extent economic conditions and the City's resource allow, National City will sponsor and provide community -wide annual events which are listed in Attachment _B_ . Event fees that are ineuned by City departments will be charged against an account designed for that purpose. The City Manager shall notify the City Council of upcoming events on a quarterly basis, C. Other Events, Activities, Programs and Services It is the policy of the City Council that: 1. To the extent that economic conditions and the City's resources allow. the City Manager may provide City support for a special event conducted by a non-profit organ i 7ation. City support would be Limited to a waiver of permit processing fees and the event must benefit National City residents. Eaamples include an event where there is insufficient time for Council approval, such as in the event of a catastrophe or an emergency situation. The City Manager shall notify the City Council of any such support on a monthly basis. 218 of 233 TITLE: City Support for Special Events, Activities, Programs and Services POLICY 802 ADOPTED: October 3, 2006 AMENDED: January :P 241-72018 2. The City Manager shall charge City costs for any special event of a commercial nature; also, the City Manager shall require organizers of commercial special events to pay the City a negotiated percentage of gross revenues :tea flat fee. Such revenues will be deposited into the City's General Fund. 3. Proceeds from a special event of a cornm.ercia nature t atbncrip.fi s lorai non_ profit organization, shall show proof of donation within 10 business days. Such proof shall be submitted to the City's Finance Department of Finance (Revenue & Recovery). Failure to provide proof of donation will result in loss of any deposit remitter and may jeopardize future use of City facilities. 4. To the extent economic conditions and the City's resources allow, one time funding support may be authorized in support of a program, service or activity, other than a special event, when found by the City Council to be of benefit to the community or the City. Requests must include a specific purpose for the funding (i.e.., to pay, in whole or in part, for the purchase or rental of specific supplies or equipment). Director of Finance. D. Documentation of Expenses A report detailing allowable incurred expenses must be submitted to the Department of Finance, in a format prescribed by the Director of Finance, for a special event, program, service, or activity receiving funding support from the City. The report must be accompanied by documentation. including receipts for all purchases, if requested. This requirement shall not apply to programs, services, or activities for which the City is under written contractual agreement. Any such requirement shall be dictated by the terms of said agreement. Failure of an organization or individual to provide a proper report and documentation of allowable incurred expenses may result in denial of future funding support requests. 1XE. El Toyon Park The use of El Toyon Park for special events is prohibited. _,Use of Mobile Stage 219 of 233 TITLE: City Support for Special Events, Activities, Programs and Services POLICY 802 ADOPTED: October 3, 2006 AMENDED: January16, 20172018 The mobile stage shall be used only on City parklands, andfor other public property within the limits of National City. Regular „se that i ea ally incl„ d s starred - nts on Attachments "A" and "B_''. Any events outside this purview and requesting use of the City stage must apply through the special event process. The USER of the stage shall be responsible for any damage to the unit resulting from carelessness or misuse. RELATED POLICY REFERENCES: City Council Policy # 704 — Limitation on City Approved Special Events within the City City Council Policy # 801 — Field and Facility Rules and Regulations 220 of 233 TITLE: City Support for Special Events, Activities, Programs and Services POLICY 802 ADOPTED: October 3, 2006 2018 AMENDED: January 4 ATTACHMENT " A M7 NATIONAL CIT1YliC.IIOY-1SF NSORED EVENTS Event Title Sweetwater Kiwanis Carnival National City International Mariachi Festival Granger Jr. High Cultural Fair Job Fair July 4te Carnival= Mabuhay Festival Las Palmas 5K and 1 Mile Walk Auto Heritage Days& Relay for Life — Salute to Navy Maytiine Band Review Sweetwater High Homecoming Community Concert Band Series (up to 4 concerts annually/per year) Spirit of the Holidays Christmas with Kids Christmas in July Clean -Ups j ndia 4.GU , ae . n.bi,.g. Organizer Sweetwater Kiwanis Club National City Chamber of Commerce Granger Jr. High RC. Chamber of Commerce National City Host Lions Club Mabuhay Festival Las Palmas Elementary School N.C. Chamber of Commerce American Cancer Society. N.C. Chamber of Commerce 14laytime Band Association Sweetwater High School N.C. Community Concert Band N.C. College Campus Lions Christmas with Kids Christmas in July Timing March March Spring Spring July June June August August October October Fall Quarterly December December Various Note: Co -sponsored events that reoccur on the same date, or weekend, each year will maintain `first rights" to their date if the special event permit application is received within five months of the recurring event date. After the five - month application deadline, other interested parties will be able to apply. Events scheduled on recurring weekends (such as the I Z'"d 3n1 4th, or 9 weekend of a month) will be defined by the first date of the event is open to the public. 221 of 233 TITLE: City Support for Special Events, Activities, Programs and Services POLICY 802 ADOPTED: October 3, 2006 AMENDED: January 16e 20172018 ATTACHMENT ENT !' B". NATIONAL CITY SPONSORED EVENTS Event Title Organizer Timing Movies in the Park Community Services Summer Miss. National City Pageant-- Community Services July National Night Out Police, Community Services, FFA August 9/11 Remembrance Ceremony Fire September State of the City Mayor's Office Fall Tower of Terror-4 Fire, Community Services October Veteran's Day Community Services November Christmas Tree Lighting Community Services Dezember Community Service Day Community Services April Police, Fire A.p-ril RT_d..,..e ..f PVw. l ebih ia.ge 222 of 233 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: City Support for Special Events, Activities, Programs and Services POLICY 802 ADOPTED: October 3, 2006 AMENDED: January 16, 2018 BACKGROUND: The Council recognizes that special events are a lifestyle that defines National City's history and makes our City unique. However, City Council is also concerned with the increasing cost of City support of special events, examples of which are concerts, festivals, parades and sporting events which take place at City parks and facilities or in City streets and rights -of -way. The Council notes that City support of special events, be it police traffic service, fire standby service or other support, is not specifically budgeted and is provided through reductions in the level of service for budgeted programs. DEFINITIONS: 1. "SPECIAL EVENT" as defined in Municipal Code Section 15.60.005 means any organized activity conducted for a common or collective purpose, use or benefit which involves the utilization of, or has an impact upon, public property or facilities and the need for providing municipal and public safety services in response to the event. Examples of Special Events include, but are not limited to: a. Parades b. Public concerts and other community cultural events c. Demonstrations d. Circuses e. Fairs and festivals f, Community or neighborhood block parties and street dances g. Mass participation sports (marathons, bicycles races and tours) 1'L Film making activities i. Public speaker events 2. "CITY SUPPORT" means any City services required to maintain minimal interference and inconvenience to the general public resulting from a Special Event. City Support includes, but is not limited to: a Special Event permit processing b. Police services c. Sanitation and cleanup d. Maintaining access for emergency vehicles and provision of medical care e. Street closures f. Use of City Stage, PA equipment and/or Information Trailer 223 of 233 TITLE: City Support for Special Events, Activities, Programs and Services POLICY 802 ADOPTED: October 3, 2006 AMENDED: January 16, 2018 City Support does not include internal security, crowd control and other services considered the responsibility of the Special Event Sponsor. 3. "NON PROFIT" means a non-profit tax exempt organization (501(c)(3)) that is exempted from payment of income taxes by federal or state law and which has been in existence for a minimum of six (6) months preceding the date of application for a special event. 4. "PUBLIC FACILITY" means any property, building, or public access (street, park, theater, etc.) that lies within the City and which is owned or operated by the City for public benefit or usage. 5. "EVENT ORGANIZER" means any person, group, or corporation assuming responsibility for planning, promoting, and carrying out a Special Event. 6. "CITY MANAGER" means the City Manager or designee. 7. "CITY CO -SPONSORED EVENT" is defined as an annual event that occurs within the boundaries of National City. The co -sponsoring agency must be a National City non-profit or branch thereof and the event must benefit National City and its residents. Applications must be submitted as a special event application to the Neighborhood Services Department, deadlines are noted annually. The current City co-sponsorship events list (Attachment "A") are considered grandfathered and will not need to apply annually for approval. 8. "CITY SPONSORED EVENT" is defined as an annual community -wide event that is planned and managed by one or more City departments. The current City sponsored events list (Attachment "B") are considered grandfathered and will not need to apply annually for approval. These events will not require a secondary City Council approval through the TUP or Special Event process. City Staff will process event applications and City Council will be updated of these events annually and or on a quarterly basis. PURPOSE: It is the purpose of this policy to provide guidelines for the support of special events, consistent with the least possible disruption to normal City services. POLICY: A. Co -Sponsored Events It is the policy of the City Council that: 224 of 233 TITLE: City Support for Special Events, Activities, Programs and Services POLICY 802 ADOPTED: October 3, 2006 AMENDED: January 16, 2018 1. To the extent that economic conditions and the City' 3 resources allow, the City manager upon City Council notification, may provide reasonable City support of up to S1,200 per event day to non-profit special events that benefit National City residents, are held wholly within City limits, and which are listed in Attachment "A" and are considered to be City co -sponsored annual events. 2. Any new non-profit applicant hell on Attachment "A ") requesting sponsorship r----- rr._ .. �__,._ � . .1 .,.��`�' co-.3Yvla�va�i.uv must apply to be considered for the City co -sponsored event list which will be reviewed annually by the 802 policy committee. The 802 policy committee will recommend changes to the co -sponsored event list only when required on an annual basis (per Section 7 of Definitions- page 2). As a City co -sponsored event, organizations shall prominently place the City's logo in all advertising materials promoting the event and provide space for the City to set up an information booth, per the City Council's discretion. 3. Any new Special Event or TUP applicant not currently on the approved co- sponsored list and requesting fee waivers, may only be considered to have fees waived up to the minimum level of $1,000 per event day. Attachments "A" and "B" are the current list of approved co -sponsored and sponsored events respectively. Any new events considering co-sponsorship must apply through the annual process. B. Sponsored Events It is the policy of the City Council that to the extent economic conditions and the City's resource allow, National City will sponsor and provide community -wide annual events which are listed in Attachment "B°'. Event fees that are incurred by City departments will be charged against an account designed for that purpose. The City Manager shall notify the City Council of upcoming events on a quarterly basis. C. Other Events, Activities, Programs and Services It is the policy of the City Council that: 1. To the extent that economic conditions and the City's resources allow, the City Manager may provide City support for a special event conducted by a non-profit organization. City support would be limited to a waiver of permit processing fees and the event must benefit National City residents. Examples include an event where there is insufficient time for Council approval, such as in the event of a catastrophe or an emergency situation. The City Manager shall notify the City Council of any such support on a monthly basis. 1 The City Manager shall charge City costs for any special event of a commercial nature; also, the City Manager shall require organizers of commercial special 225 of 233 TITLE: City Support for Special Events, Activities, Programs and Services POLICY 802 ADOPTED: October 3, 2006 AMENDED: January 16, 2018 events to pay the City a negotiated percentage of gross revenues or a flat fce. Such revenues will be deposited into the City's General Fund. 3. Proceeds from a special event of a commercial nature that benefits a local non- profit organization, shall show proof of donation within 10 business days. Such proof shall be submitted to the City's Department of Finance (Revenue & Recovery). Failure to provide proof of donation will result in loss of any deposit remitted and may jeopardize future use of City facilities. 4. To the extent economic conditions and the City's resources allow, funding support may be authorized in support of a program, service or activity, other than a special event, when found by the City Council to be of benefit to the community or the City. Requests must include a specific purpose for the funding (Le., to pay, in whole or in part, for the purchase or rental of specific supplies or equipment). D. Documentation of Expenses A report detailing allowable incurred expenses must be submitted to the Department of Finance, in a format prescribed by the Director of Finance, for a special event, program, service, or activity receiving funding support from the City. The report must be accompanied by documentation, including receipts for all purchases, if requested. This requirement shall not apply to programs, services, or activities for which the City is under written contractual agreement. Any such requirement shall be dictated by the terms of said agreement. Failure of an organization or individual to provide a proper report and documentation of allowable incurred expenses may result in denial of future funding support requests. E. El Toyon Park The use of El Toyon Park for special events is prohibited. F. Use of Mobile Stage The mobile stage shall be used only on City parklands, and/or other public property within the limits of National City. Any events outside this purview and requesting use of the City stage must apply through the special event process. The USER of the stage shall be responsible for any damage to the unit resulting from carelessness or misuse. 226 of 233 TITLE: City Support for Special Events, Activities, Programs and Services POLICY 802 ADOPTED: October 3, 2006 AMENDED: January 16, 2018 RELATED POLICY BFFERENCFS: City Council Policy # 704 — Limitation on City Approved Special Events within the City City Council Policy # 801 — Field and Facility Rules and Regulations 227 of 233 TITLE: City Support for Special Events, Activities, Programs and Services POLICY 802 ADOPTED: October 3, 2006 AMENDED: January 16, 2018 ATTACHMENT "A" NATIONAL CITY CO -SPONSORED EVENTS Event Title Sweetwater Kiwanis Carnival National City International Mariachi Festival Granger Jr. High Cultural Fair Job Fair July 4th Carnival Mabuhay Festival Las Palmas 5K and 1 Mile Walk Auto Heritage Days Relay for Life Salute to Navy Maytime Band Review Sweetwater High Homecoming Community Concert Band Series (up to 4 concerts annually/per year) Spirit of the Holidays Chrisas with Kids Christmas in July Clean -Ups Organizer Sweetwater Kiwanis Club National City Chamber of Commerce Granger Jr. High N.C. Chamber of Commerce National City Host Lions Club Mabuhay Festival Las Palmas Elementary School N.C. Chamber of Commerce American Cancer Society N.C. Chamber of Commerce Maytime Band Association Sweetwater High School N.C. Community Concert Barad N.C. College Campus Lions Christmas with Kids Christmas in July Timing March March Spring Spring July June June August August October October Fall Quarterly December December Various Note.' Co -sponsored events that reoccur on the same date, or weekend each year will maintain 'first rights" to their date if the special event permit application is received within five months of the recurring event date. After the five - month application deadline, other interested parties will be able to apply. Events scheduled on recurring weekends (such as the 13', 2'4, 3"i 4M, or 56 weekend of a month) will be defined by the first date of the event is open to the public, 228 of 233 TITLE: City Support for Special Events, Activities, Pro grams and Services POLICY 802 ADOPTED: October 3, 2006 AMENDED: January 16, 2018 ATTACDLMENT "B" NATIONAL CITY SPONSORED EVENTS Event Title Organizer Timing Movies in the Park Community Services Summer Miss. National City Pageant Community Services July National Night Out Police, Community Services, FFA August 9/11 Remembrance Ceremony Fire September State of the City Mayor's Office Fall Tower of Terror Fire, Community Services October Veteran's Day Community Se-rvices November Christmas Tree Lighting Community Services December Community Service Day Community Services April 229 of 233 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CITY COUNCIL POLICY NO. 802, ENTITLED "CITY SUPPORT FOR SPECIAL EVENTS, ACTIVITIES, PROGRAMS, AND SERVICES" BY ADDING THE REQUIREMENT THAT DOCUMENTATION BE PROVIDED FOR ALLOWABLE INCURRED EXPENSES RELATED TO A SPECIAL EVENT, PROGRAM, SERVICE, OR ACTIVITY RECEIVING FUNDING SUPPORT FROM THE CITY; ADDING CLARIFYING LANGUAGE REGARDING DEPOSITS REMITTED IN RELATION TO SPECIAL EVENTS OF A COMMERCIAL NATURE; ADDING THREE ORGANIZATIONS TO NATIONAL CITY CO -SPONSORED EVENTS; REMOVING NATIONAL CITY PUBLIC SAFETY FAIR FROM SPONSORED EVENTS; AND CORRECTING TYPOGRAPHICAL ERRORS BE IT RESOLVED by the City Council of the City of National City authorizes the amendment of City Council Policy No. 802, entitled "City Support for Special Events, Activities, Programs, and Services" by adding the requirement that documentation, including receipts, be provided for allowable incurred expenses related to a special event, program, service, or activity receiving funding support from the City; to add clarifying language regarding deposits remitted in relation to special events of a commercial nature; adding the National City International Mariachi Festival, Las Palmas 5K and 1 Mile Walk, and Christmas with Kids to the list of National City Co -Sponsored Events; removing National City Public Safety Fair from Sponsored Events; and to correct typographical errors. PASSED and ADOPTED this 16th day of January, 2018. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Ron Morrison, Mayor 230 of 233 CC/CDC-HA Agenda 1/16/2018 — Page 231 The following page(s) contain the backup material for Agenda Item: Scheduling of City Council workshops related to the discussion and preparation of the City of National City's annual budget for Fiscal Year 2019. (Finance) 231 of 233 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 16, 2018 AGENDA ITEM NO.: ITEM TITLE: Scheduling of City Council workshops related to the discussion and preparation of the City of National City's annual budget for Fiscal Year 2019. PREPARED BY: Mark Roberts, Director of Finance DEPARTMENT: Finance PHONE: 619-336-4330 APPROVED BY: 1 /a /ea EXPLANATION: The City of National City operates on a fiscal year calendar of July 1st through June 30th of the following year. The process of developing the City's annual budget includes a series of events over a five to six month period, including departmental budget reviews and appropriation requests, financial review and analysis by the Department of Finance, and City Council workshops. Pursuant to Section 2.55.040 of National City Municipal Code, the City Council must adopt the budget for the ensuing fiscal year by June 30th of each year. The proposed fiscal year 2019 budget schedule includes a City Council workshop scheduled for February 6, 2018 at 4 pm to discuss the City Council's budgetary priorities. In addition, two workshops are proposed for May 8 and May 29, 2018, each at 4 pm, for presentation and discussion of the preliminary budget. The latter meeting date may not be needed but is placed on the calendar as a contingency. Budget adoption is proposed for June 12, 2018. With this item, staff seeks approval of these proposed budget workshop and adoption dates. In the alternative, if the dates are not agreeable to the majority of the City Council, direction on alternative dates is sought. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: `6%'''7/Q/a Xa. FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Approve staffs recommended budget workshop and adoption dates. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Budget Schedule - Fiscal Year 2019 CALIFORNIA NATIONAL airy 'L �1 ,,CORPon ATVDI PROPOSED BUDGET SCHEDULE - FISCAL YEAR 2019 DATE & TIME DESCRIPTION Tuesday, Jan. 16th Request direction from City Council for budget workshop and budget adoption dates. (A200 deadline - Jan. 3rd) Tuesday, Feb. 6th 4 PM City Council budget priorities. (A200 deadline - Jan. 24th) Tuesday, May 8th 5 PM Budget Workshop / Preliminary Budget Presentation (A200 deadline - Apr. 25th) Tuesday, May 29nd 5 PM Budget Workshop (A200 deadline - May 16th) Tuesday, Jun. 12th 6 PM Budget Hearing / Adoption of Budget. (A200 deadline - May 23rd) 233 of 233 Council-FY19