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HomeMy WebLinkAbout01-22-19 CC HA Agenda Packet - FinalAGENDA OF AN ADJOURNED REGULAR MEETING - NATIONAL CITY CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OFTHE CITY OF NATIONAL CITY CALIFORNIA NATIONAL My �+QOORPORATfi ALEJANDRA SOTELO-SOLIS Mayor RON MORRISON Vice Mayor JERRY CANO Councilmemher MONA RIOS Councilmemher 1243 National City Blvd. National City, CA 91950 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 22, 2019 — 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 Meetings begin in Open Session at 5:00 p.m. or such other time as noted, and after announcing closed session items, convenes into a Closed Meeting. 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 1 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 2 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 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 public() 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 491 CC/CDC-HA Agenda 1/22/2019 — 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 1. First 2019 Baby Born in San Diego County from National City 2. Human Trafficking Awareness Month AWARDS AND RECOGNITIONS 3. Introduction of New Employee - Karim Galeana, Finance Manager. (Finance) 4. Retiree Service Recognition - Tiny Tots Teachers Debbie Shinn and Sharon Johnson. (Community Services) PRESENTATIONS 5. National City's Safe Routes to School Program - Rady Children's Hospital - San Diego. (Engineering/Public Works) 6. Road to 2020 Census - Roberto Garcia, Partnership Specialist, San Diego County, U.S. Census Bureau. (City Manager) 7. Update on Port of San Diego Activity. (City Manager) 8. 11 th Annual "A Kimball Holiday", Reindeer Dash and Neighborhood Council Breakfast with Santa, held on December 7 and 8, 2018. (Community Services) INTERVIEWS 1 APPOINTMENTS CONSENT CALENDAR 9. 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 3 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 4 meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 10. 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 July 17, 2018 and the Adjourned Regular Meetings of the City Council and Community Development Commission - Housing Authority of the City of National City of July 18, 2018 and July 24, 2018 and the Special Meetings of the City Council of the City of National City of August 20, 2018, January 7, 2019, and January 14, 2019. (City Clerk) 11. Resolution of the City Council of the City of National City approving a First Amendment to the Agreement with Rady Children's Hospital — San Diego to provide support services for National City's Safe Routes to School (SRTS) Program, increasing the not -to -exceed amount of the Agreement by $300,000, for a total Agreement amount of $600,000, and extending the term of the Agreement to February 15, 2022; and authorizing the Mayor to execute the Amendment to Agreement. (Engineering/Public Works) 12. Resolution of the City Council of the City of National City accepting and approving the recordation of a grant deed from Silvergate Plaza Investors, LLC for a Street Easement for a portion of Plaza Boulevard located at 1640 E. Plaza Boulevard (APN 557-410-20). (Enqineering/Public Works) 13. Resolution of the City Council of the City of National City adopting an updated Quality Assurance Program (QAP) that provides sampling and testing procedures to ensure that materials incorporated into construction projects are in conformance with the contract specifications and Caltrans requirements for federal -aid projects. (Engineering/Public Works) 14. Resolution of the City Council of the City of National City approving a two- year Agreement with Air Quality Compliance Solutions, Inc., DBA; Rely Environmental for a not -to -exceed amount of $300,000 to provide on -call environmental compliance management services involving water quality, air quality, and hazardous materials; and authorizing the Mayor to execute the Agreement. (Engineering/Public Works) 15. Resolution of the City Council of the City of National City approving the waiving of the formal bid process pursuant to National City Municipal Code Section 2.60.220 (B) for the sole source purchase of 24 sets of National Fire Protection Association (NFPA) Code No. 1851 compliant Lion brand turnout gear from Allstar Fire Equipment for the Fire Department in the amount of $61,000.59. (Fire) 16. Resolution of the City Council of the City of National City approving a First Amendment to the Agreement between the City of National City and 4 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 5 Meyers Nave, Riback, Silver & Wilson, a Professional Law Corporation, to increase the amount by $100,000, for the not to exceed total amount of $150,000, to provide legal services in the specialized area of labor law, and approving an appropriation in the amount of $60,000 to the General Fund Non -Departmental Professional Services from the General Fund fund balance. (Human Resources) 17. Temporary Use Permit — Inflatable Event hosted by Fun Inflatable Slides at Westfield Plaza Bonita Mall from March 1, 2019 thru August 25, 2019 with no waiver of fees. (Neighborhood Services) 18. Warrant Register #21 for the period of 11/14/18 through 11/20/18 in the amount of $1,955,739.55. (Finance) 19. Warrant Register #22 for the period of 11 /21 /18 through 11/27/18 in the amount of $305,820.31. (Finance) 20. Warrant Register #23 for the period of 11/28/18 through 12/04/18 in the amount of $4,411,033.38. (Finance) 21. Warrant Register #24 for the period of 12/05/18 through 12/11/18 in the amount of $1,328,774.64. (Finance) PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS 22. 23. 24. Public Hearing and Adoption of a Resolution of the City Council of the City of National City, California, making a Finding of No Significant Environmental Effect for a General Plan Amendment, Zone Change, and Tentative Subdivision Map for the rezoning of property at East 16th Street and M Avenue from Small Lot Residential (RS-2) to Medium -Density Multi - Unit Residential (RM-1) in order to construct a 29-unit residential development and authorizing the filing of a Notice of Determination. (Applicant: Ralph Gonzales) (Case File No. 2017-04 IS) (Planning) Public Hearing and Adoption of a Resolution of the City Council of the City of National City, California, approving a General Plan Amendment and Tentative Subdivision Map for the rezoning of property at East 16th Street and M Avenue from Small Lot Residential (RS-2) to Medium -Density Multi - Unit Residential (RM-1) in order to construct a 29-unit residential development and authorizing the filing of a Notice of Determination. (Applicant: Ralph Gonzales) (Case File No. 2017-04 GPA, S) (Planning) Public Hearing and Introduction of an Ordinance of the City Council of the City of National City, California, approving a Zone Change from Small Lot Residential (RS-2) to Medium -Density Multi -Unit Residential (RM-1) for a 29-unit residential development property at property located at East 16th 5 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 6 Street and M Avenue. (Applicant: Ralph Gonzales) (Case File No. 2017- 04 ZC) (Planning) 25. Public Hearing and Adoption of an Urgency Ordinance of the City Council of the City of National City adopted pursuant to Government Code Sections 36931 and 36937 as an Urgency Measure to take effect immediately, amending National City Municipal Code Chapters 10.70 and 10.79 of Title 10 (Public Peace, Morals and Safety) related to Police Regulated Business Regulations and Massage Establishments. (City Attorney) 26. Public Hearing and Adoption of an Urgency Ordinance of the City Council of the City of National City adopted pursuant to Government Code Sections 6931 and 36937 as an Urgency Measure to take effect immediately, amending National City Municipal Code Sections 18.30.030 (Adult Oriented Businesses) and 18.50.010 (Glossary) of Title 18 (Zoning) related to Massage Establishments and Adding Section 18.30.370 to Title 18 related to Massage Establishments. (City Attorney) NON CONSENT RESOLUTIONS 27. Resolution of the City Council of the City of National City approving the Squad Program as a permanent emergency service delivery model for the National City Fire Department. (Fire) 28. Resolution of the City Council of the City of National City amending City Council Policy #901, entitled "Management of Real Property" to clarify procedures for the disposition of surplus real property and for the sale, lease, and rental of City -owned real property. (Housing and Economic Development) NEW BUSINESS 29. Notice of Decision — Planning Commission approval of a Conditional Use Permit for beer and wine sales at an existing restaurant (Los Tito's) located at 917 South Euclid Avenue. (Danny Damian) (Case File 2018-13 CUP) (Planning) 30. Presentation of the City of National City's fiscal year 2020 budget priorities. (Finance) 31. Fiscal Year 2018 and 1st Quarter Fiscal Year 2019 Budget Review. (Finance) 32. A Brown Act report regarding the City Manager executing a two-year Employment Agreement between the City of National City and Robert J. Meteau for the position of Human Resources Director with an annual base salary of $150,018. (City Manager) 6 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 7 B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY CONSENT RESOLUTIONS - HOUSING AUTHORITY PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY NON CONSENT RESOLUTIONS - HOUSING AUTHORITY NEW BUSINESS - HOUSING AUTHORITY C. REPORTS STAFF REPORTS 33. Open House - "Meet Your City Officials" to be held from 4:00 p.m. to 6:00 p.m. on January 29, 2019. (City Manager) 34. Impacts of partial federal government shutdown on Housing Choice Voucher Program. (Housing & Economic Development) 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 5, 2019 - 6:00 p.m. - Council Chamber - National City, California. Special Meeting to Conduct Interviews and Fill a City Council Vacancy to be held on Tuesday, January 29, 2019 - 6:00 p.m. - Council Chamber - National City, California. 7 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 8 The following page(s) contain the backup material for Agenda Item: First 2019 Baby Born in San Diego County from National City Please scroll down to view the backup material. 8 of 491 Item # 01/22/19 First 2019 Baby Born in San Diego County from National City Proclamation Forthcoming 9 of 491 CC/CDC-HA Agenda 1 /22/2019 — Page 10 The following page(s) contain the backup material for Agenda Item: Human Trafficking Awareness Month Please scroll down to view the backup material. 10 of 491 Item # 01/22/19 Human Trafficking Awareness Month Proclamation Forthcoming 11 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 12 The following page(s) contain the backup material for Agenda Item: Introduction of New Employee - Karim Galeana, Finance Manager. (Finance) Please scroll down to view the backup material. 12 of 491 Item # 01/22/19 Introduction of New Employee — Karim Galeana, Finance Manager (Finance) 13 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 14 The following page(s) contain the backup material for Agenda Item: Retiree Service Recognition - Tiny Tots Teachers Debbie Shinn and Sharon Johnson. (Community Services) Please scroll down to view the backup material. 14 of 491 Item # 1/22/19 Retiree Service Recognition - Tiny Tots Teachers Debbie Shinn and Sharon Johnson. (Community Services) 15 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 16 The following page(s) contain the backup material for Agenda Item: National City's Safe Routes to School Program - Rady Children's Hospital - San Diego. (Engineering/Public Works) Please scroll down to view the backup material. 16 of 491 ITEM NO. 1/22/19 NATIONAL CITY'S SAFE ROUTES TO SCHOOL PROGRAM Rady Children's Hospital — San Diego (Engineering/Public Works) 17 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 18 The following page(s) contain the backup material for Agenda Item: Road to 2020 Census - Roberto Garcia, Partnership Specialist, San Diego County, U.S. Census Bureau. (City Manager) Please scroll down to view the backup material. 18 of 491 Item # 01/22/19 ROAD TO 2020 CENSUS Roberto Garcia, Partnership Specialist San Diego County U.S. Census Bureau 19 of 491 Road t0212,I United States Census Bureau Roberto Garcia Partnership Specialist - U.S. Census Bureau U.S. Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU census gov 20 of 491 2020 Census United States Census Bureau U.S. Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU census gov 21 of 491 Why Do a Census ■ Article 1, Section 2 of the US Constitution The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. ■ Key Purpose is Apportioning the US House of Representatives United States'" Census Bureau U.S. Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU census gov 22 of 491 Why does the 2020 Census matter? People United States'" Census Bureau • Congressional representation • Reapportionment & redistricting • $675 Billion distributed annually • Funding based on population • Over $76 Billion each year to the State —Th • $2,000 approx. per Californian counted*_ U.S. Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU census gov 23 of 491 Federal Funding Census data informs how $76 billion is distributed annually among local, state, and tribal governments for programs like: Program Medicaid Supplemental Nutrition Assistance Schools (Title 1 Grants, National Lunch School Program, Head Start/Early Start) Housing Choice Vouchers Highway Planning and Construction Senior & Foster Care Centers United States'" Census Bureau U.S. Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU census gov $44,240,036,248 $7,528,039,778 $4,274,492,934 $3,40,189,000 $3,212,534,538 $1,286,852,000 24 of 491 Goals for 2020 Census ■ Maintain Data Quality ■ Areas of Innovation ➢Accurate Address List ➢ Easier Ways to Respond ➢ Better Use of Information ➢ Efficient Field Operations United States'" Census Bureau U.S. Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU census gov 25 of 491 March 23, 2020 Internet Phone Paper Form In -person *13 languages including English will be supported United States Census Bureau U.S. Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU census gov 26 of 491 United Stautess'" Cen Bureau Impact to National City U.S. Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU census gov 27 of 491 Impact to National City 71% National City Census Mail Participation Rate in 2010 18,000 National City Folk Requiring follow-up by Census enumerator in 2010 United States'" Census Bureau U.S. Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU census gov 28 of 491 Impact to National City 600 Estimated net undercount in 2020 based on 2010 Census $ 1,950* Potential per person Federal funds available $ 1.2 Million Amount of Money National City stands to gain or lose over the next decade United States'" Census Bureau U.S. Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU census gov �r- 29 of 491 Impact to National City ■ 5 hard to count census tracks with a population of 29,000 ■ Participation rate is lower than 70% .... .... .... •. United States'" Census Bureau U.S. Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU census gov 30 of 491 Response Outreach Area Mapper (ROAM) ♦ I Use dropdown to search 32°41'06"N 117°02'13"W United States ' Census Bureau U.S. Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU census goy www.census.gov/roam of Chula Vista, SanGIS, Bureau of Land Management, Esri, 31 of 491 Hard -to -Count Populations Communities of Color Children under 5 Persons who do not speak English fluently LGBTQ+ People with disabilities People Rural experiencing Tribal members Communities homelessness United States'" Census Bureau U.S. Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU census gov Undocumented Immigrants .... .... •. 32 of 491 How can we work together to ensure a complete court in 2020? United States Census Bureau U.S. Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU census gov 33 of 491 You can help ■ Identify community organizations in your city that work directly with hard -to -count populations ■ Incorporate census education efforts into existing community engagements ■ Leverage existing infrastructure and resources ■ Initiate a resolution by city council to support the Census effort • • •• •• •• •• • • •. United States'" Census Bureau U.S. Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU census gov .. .. 34 of 491 We arE: 2020 Census Jobs www.census.gov/fieldjobs www.usajobs.gov www.2020census.gov/jobs 1-888-658-5564 (RCC recruiting hotline) United States'" Census Bureau U.S. Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU census gov 35 of 491 Community Partnership and Engagement Program Enroll community partners to increase participation in the 2020 Census of those who are less likely to respond or are often missed. • Educate people about the 2020 Census and foster cooperation with enumerators • Encourage community partners to motivate people to self -respond • Engage grass roots organizations to reach out to hard to count groups and those who aren't motivated to respond to the national campaign United States'" Census Bureau U.S. Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU census gov 36 of 491 Complete Count Committees • Tribal, state and local governments work together with partners in their communities to form CCCs to promote the 2020 Census to their constituents. • Committee members in CCs are: • Trusted Messengers • Leaders in respective industry • Partners between community and government United States'" Census Bureau U.S. Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU census gov 37 of 491 Suggested CCC Membership SUGGESTED MUNICIPAL CCC MEMBERSHIP Heads of Regional Associations Council Members from Priority Target Areas 111 State CCC Representative 'Partnership Specialist is advisor and Census liasion to Municipal CCC's Heads of Public School System r Mayor or Designee (Chair) r Heads of Relevant Government Agencies and Departments 0 r Deputy Executive Heads of Director Director Business Associations Heads of Community Organizations • Representatives from 111 Faith -Based Organizations Heads of Large Universities / Colleges United States" Census Bureau U.S. Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU census gov 38 of 491 Timeline —Key Communications ■ The 2020 Census Phases ■ Education Phase — 2018-2019 ■ Awareness Phase — April 2019 ■ Motivation Phase — March — May 2020 ■ Reminder Phase — May — July 2020 ■ Thank You Phase — Starts July 2020 ■ Local governments and community leaders throughout National City participate in activities highlighting the message that the 2020 Census is imminent and that it is easy, important and safe to participate United States'" Census Bureau U.S. Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU census gov 39 of 491 United States Census Bureau Questions ? U.S. Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU census gov Contact Roberto Garcia Partnership Specialist, San Diego Region Roberto.Garcia@2020census.gov (619) 701-2098 United States'" Census Bureau U.S. Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU census gov IMMINEK 41 of 491 References Hard to Count Tracts: https://www.census.gov/roam Participation Rate: https://www.census.govicensusexplorer/2010ratemap.html?if Population: https://www.sandag.org/ Congressional districts undercount: Each of California's congressional districts contains at least one census tract where more than 29% of residents are likely to be undercounted, according to the analysis. http://www.govtech.com/data/Millions-of-Californians-Might-Go-Uncounted- United States Census Bureau U.S. Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU census gov min-APP"' 42 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 43 The following page(s) contain the backup material for Agenda Item: Update on Port of San Diego Activity. (City Manager) Please scroll down to view the backup material. 43 of 491 Item # 01/22/19 Update on Port of San Diego Activity (City Manager) 1. Scoping meeting for Balanced Plan EIR Update 2. Harbor Drive Multi -Modal Study 3. Bayshore Bikeway Update 44 of 491 Scoping Meeting for National City Bayfront Projects and Plan Amendments EIR WHAT • Early consultation on scope and content of EIR, not on merits of project • Type of comments being solicited: • Potential environmental topics to be analyzed in-depth in EIR • Potential Mitigation Measures • Potential Alternatives • Scoping comments to be submitted in written format SCOPING MEETING AGENDA • Presentation on purpose of CEQA and scoping meeting, types of comments being solicited, high-level overview of project • Open house/break-out tables (1 table per project component) to answer questions on each project component WHEN • Thursday, January 24, 2019, 6-8pm WHERE • National City Aquatic Center 45 of 491 Scoping Comments Written comments due by 5 pm on Thursday, January 31, 2019 MAIL: Anna Buzaitis San Diego Unified Port District Planning Department PO Box 120488 San Diego, CA 92112-0488 OR EMAIL: abuzaiti@portofsandiego.org QUESTIONS: Please contact Anna via email or at (619) 686-7263 ALL COMMENTS MUST BE WRITTEN. VERBAL SCOPING COMMENTS WILL NOT BE CONSIDERED. CC/CDC-HA Agenda 1/22/2019 — Page 47 The following page(s) contain the backup material for Agenda Item: 1 l th Annual "A Kimball Holiday", Reindeer Dash and Neighborhood Council Breakfast with Santa, held on December 7 and 8, 2018. (Community Services) Please scroll down to view the backup material. 47 of 491 Item#_ 1 /22/19 11th Annual "A Kimball Holiday", Reindeer Dash and Neighborhood Council Breakfast with Santa, held on December 7 and 8, 2018. (Community Services) 48 of 491 Hosted by the City of National City — Community Services Department 1 49 of 491 C 4EIFORryt1 JTIONA.L CI fl' 1Ssl �t& tbe n` f'i: on brd bc joTh and enj holitta wit fa friETrt r2en.t 2QjhP:s t e # _q?pim♦��y will be. -Jel:r:c c4! ?ig the Kimball 1�7N�eColiqd1 3 T"yam i3♦ez;�*: on D. `ceniber -7th pith For cre nfor-Rn(1.3J. f. 1, it 61 Cornocha Kimball Recreation Center Senior Conte 1810 Cast 22nd Street 1221 D Avenue November 24, 2018 December 1.2018 10-O0am-120Opm 10-O0am--12:OObrr ;11:141/ti fif "1id'1 1 1 1 i 2 50 of 491 r nt a Snow Hill Kids Activities ' ' Ice Skating Local Performances It Ferris Wheel Food Trucks Car Show Tree Lighting Ceremony g Santa's Village Mini Train Ride Kimball Park JOIN US FOR FREE HOLIDAY FUN FESTIVITIES! www.nationalcityca.gov/akimballholiday r �j..-cCaLIFoRNIFI -< WJO CiTIF 1NCOgPOg,ATED 3 51 of 491 Attractions 4 52 of 491 Entertainment City Of NationalCity 5 53 of 491 10 hours of Community Entertainment ❖ Capoeira Angola ❖ Grupo Folklorico Herencia Mexican Grupo ❖ Folklorico Las Florecitas ❖ Polynesian Dancing ❖ Jose and Andrik Guitar Duo ❖ Ed Music Inc. ❖ Boys and Girls Club Ballet Folklorico Dance Team ❖ Camacho Music & Guitar Group ❖ Camacho Hip Hop Group ❖ Fit, Tone & shake it! Zumba Group ❖ Verlosity Soul Line Dance Group ❖The Flyers 6 54 of 491 Birrieria Negro Durazo Saka Mayan Coffee Matua's Sushi In the Filling - Desserts 7 55 of 491 8 56 of 491 9 57 of 491 Marketin NAR�ONALCITY �15�;67r Our Community • ATIONAL, CHOOL 'STRICT Zhe,an Diego UuiouVIribune and Outreach Snow Hill Kids Activities Ice Skating Local Put ormanc,-..: Ferris Wheel Food Trucks Car Show Treo Lighting Cam,.. r. Santa's Village Mini Train Rides Kimball Park JOIN US FOR FREE HOLIDAY FUN FESTIVrTTES: WWW.natiol'.;:10[7,a,JJY.:a Santa's'Village Schedule friday SaIu1 ly • 4:inpm•11: ppm • voopero-l:nupe 1304:3upR SATURDAY DECEMBER WEB' AT 9:00 AM 4!% 1 MILE FUN FAMILY RUN/WALK REINDEER THEMED PHOTO BOOTH BREAKFAST AND PHOTOS WITH SANTA ARCS S CRAFTS FOR RIOS 11 w..:ww n..===o::... LI CALIFORNIA 4ll.O NA.LL C'IT 'Neon P OTI ATED 10 58 of 491 Reindeer Dash & Nel: hborhood Council Breakfast with Santa • ix MO 11 59 of 491 12 60 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 61 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) Please scroll down to view the backup material. 61 of 491 Item # 01/22/19 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) 62 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 63 The following page(s) contain the backup material for Agenda Item: 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 July 17, 2018 and the Adjourned Regular Meetings of the City Council and Community Development Commission - Housing Authority of the City of National City of July 18, 2018 and July 24, 2018 and the Special Meetings of the City Council of the City of National City of August 20, 2018, January 7, 2019, and January 14, 2019. (City Clerk) Please scroll down to view the backup material. 63 of 491 Item # 01/22/19 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 JULY 17, 2018 AND THE ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF JULY 18, 2018 AND JULY 24, 2018 AND THE SPECIAL MEETINGS OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OF AUGUST 20, 2018, JANUARY 7, 2019, AND JANUARY 14, 2019 (City Clerk) 64 of 491 Book 100 / Page 130 07-17-2018 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY July 17, 2018 The Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 6:04 p.m. by Vice Mayor / Vice Chairman Albert Mendivil. ROLL CALL Council / Board members present: Cano, Mendivil, Rios, Sotelo-Solis. Council / Board members absent: Morrison. Administrative Officials present: Dalla, Deese, Denham, Duong, Manganiello, Mosley, Parra, Raulston, Rodriguez, Roberts, Vergara, Williams, Ybarra. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC COMMENTS The following individuals spoke on behalf of Mr. Earl McNeil, criticized the City's response and actions in the matter regarding Mr. McNeil, and demanded the release of information, reports, and video: Janice Luna-Reynoso, Amie Zamudio, Madge Torres, Anita Turner, Renita Payno, Mark Lane, Rick Bramhall, Steven Dorner, and Marie Little. A RECESS WAS CALLED AT 6:29 PM DUE TO DISRUPTIONS. THE MEETING RECONVENED AT 6:48 PM. ROLL CALL Council / Board members present: Cano, Mendivil, Rios, Sotelo-Solis. Council / Board members absent: Morrison. A RECESS WAS CALLED AT 6:51 PM DUE TO CONTINUING DISRUPTIONS. THE COUNCIL CHAMBER WAS ORDERED TO BE CLEARED AND THE PUBLIC WAS ASKED TO LEAVE. THE MEETING RECONVENED AT 7:10 PM. ROLL CALL Council / Board members present: Cano, Mendivil, Rios, Sotelo-Solis. Council / Board members absent: Morrison. VICE MAYOR MENDIVIL DEFERRED ALL REMAINING PUBLIC COMMENTS TO THE END OF MEETING. 1 65 of 491 Book 100 / Page 131 07-17-2018 AWARDS AND RECOGNITIONS COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2018 (102-10-13) 1. Employee of the Quarter 2018 - Police Officer Kyle Fitchhorn. (Police) 2. Life Saving Recognition for Captain Derek Jones and Firefighter Nicholas Black. (Fire) ACTION: This item was continued to a future meeting. PRESENTATIONS COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2018 (102-10-13) 3. Farewell to the 2017-2018 Miss National City Court and Introduction of the 2018-2019 Miss National City Court. (Community Services) CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 4 (NCMC), Item Nos. 5 through 13 (Resolution Nos. 2018-122 through 2018-130), Item No. 14 (Report), Item Nos. 15 and 16 (Warrant Registers). Motion by Cano, seconded by Rios, to approve the Consent Calendar. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Rios, Sotelo-Solis. Nays: None. Absent: Morrison. Abstain: None. MUNICIPAL CODE 2018 (506-2-33) 4. 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 (C2013-31) 5. Resolution No. 2018-122. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE PUN GROUP, LLP FOR INDEPENDENT AUDITING SERVICES FOR THE FISCAL YEARS ENDING JUNE 30, 2018 TO JUNE 30, 2020 WITH THE OPTION TO EXTEND THE AGREEMENT FOR EACH OF THE TWO (2) SUBSEQUENT FISCAL YEARS. (Finance) ACTION: Adopted. See above. 2 66 of 491 Book 100 / Page 132 07-17-2018 CONSENT CALENDAR (cont.) CONTRACT (C2017-61) 6. Resolution No. 2018-123. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO EXTEND THE AGREEMENT WITH COUNTYWIDE MECHANICAL SYSTEMS, INC., FOR AN ADDITIONAL ONE (1) YEAR, TO PROVIDE HEATING, VENTILATING AND AIR CONDITIONING (HVAC) MAINTENANCE AND REPAIR SERVICES AT CITY FACILITIES, WITH A CONTRACT AMOUNT NOT TO EXCEED $170,412. (Engineering/Public Works) ACTION: Adopted. See above. CONTRACT (C2018-44) 7. Resolution No. 2018-124. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY 1) AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT NO. R16 FOR THE ACCEPTANCE OF STATE HIGHWAY ACCOUNT (SHA) FUNDS IN THE AMOUNT OF $90,000 THROUGH THE SYSTEMATIC SAFETY ANALYSIS REPORT PROGRAM (SSARP); 2) AUTHORIZING THE USE OF THE GENERAL FUND BALANCE TO PROVIDE MATCHING FUNDS IN THE AMOUNT OF $10,000, AS REQUIRED BY THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR SSARP PROJECTS; AND 3) AUTHORIZING THE ESTABLISHMENT OF AN ENGINEERING GRANTS FUND APPROPRIATION IN THE AMOUNT OF $90,000 AND A CORRESPONDING REVENUE BUDGET. (Engineering/Public Works) ACTION: Adopted. See above. CONTRACT (C2016-55) 8. Resolution No. 2018-125. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF FEDERAL ACTIVE TRANSPORTATION GRANT FUNDS IN THE AMOUNT OF $300,000, WITH NO MATCHING FUNDS REQUIRED, FOR THE NATIONAL CITY SAFE ROUTES TO SCHOOL (SRTS) PEDESTRIAN ENHANCEMENTS PROJECT, AND AUTHORIZING THE ESTABLISHMENT OF A SAFE ROUTES TO SCHOOL FUND APPROPRIATION IN THE AMOUNT OF $300,000 AND A CORRESPONDING REVENUE BUDGET FOR THE NATIONAL CITY SRTS PEDESTRIAN ENHANCEMENTS PROJECT. (Engineering/Public Works) ACTION: Adopted. See above. 3 67 of 491 Book 100 / Page 133 07-17-2018 CONSENT CALENDAR (cont.) TRAFFIC SIGN / SIGNAL ADMIN 2018-2019 (801-4-11) 9. Resolution No. 2018-126. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN INCREASE IN THE AMOUNT OF $70,000 TO THE GAS TAXES FUND APPROPRIATION (109-416-221-285-0000) AND USE OF GAS TAXES FUND BALANCE FOR PAYMENT OF TRAFFIC SIGNAL LIGHT REPAIR AND MAINTENANCE. (Engineering/Public Works) ACTION: Adopted. See above. STREET VACATION ADMIN 2011 — 2020 (902-26-6) 10. Resolution No. 2018-127. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING AN EMERGENCY ACCESS EASEMENT FOR THAT PORTION OF "A" AVENUE BETWEEN THE SOUTHERLY LINE OF EAST 28TH STREET AND THE NORTHERLY LINE OF EAST 29TH STREET, TO BE VACATED FOR PUBLIC USE, BY AUTHORIZING THE MAYOR TO EXECUTE THE CERTIFICATION THEREOF EVIDENCING THE CITY'S CONSENT TO AND ACCEPTANCE OF THE EASEMENT. (Engineering/Public Works) ACTION: Adopted. See above. STREET VACATION ADMIN 2011 — 2020 (902-26-6) 11. Resolution No. 2018-128. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING A PUBLIC ACCESS EASEMENT FOR THAT PORTION OF "A" AVENUE BETWEEN THE SOUTHERLY LINE OF EAST 28TH STREET AND THE NORTHERLY LINE OF EAST 29TH STREET, TO BE VACATED FOR PUBLIC USE, BY AUTHORIZING THE MAYOR TO EXECUTE THE CERTIFICATION THEREOF EVIDENCING THE CITY'S CONSENT TO AND ACCEPTANCE OF THE EASEMENT. (Engineering/Public Works) ACTION: Adopted. See above. STREET VACATION ADMIN 2011 — 2020 (902-26-6) 12. Resolution No. 2018-129. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING A GENERAL UTILITIES EASEMENT FOR THAT PORTION OF "A" AVENUE BETWEEN THE SOUTHERLY LINE OF EAST 28TH STREET AND THE NORTHERLY LINE OF EAST 29TH STREET, TO BE VACATED FOR PUBLIC USE, BY AUTHORIZING THE MAYOR TO EXECUTE THE CERTIFICATION THEREOF EVIDENCING THE CITY'S CONSENT TO AND ACCEPTANCE OF THE EASEMENT. (Engineering/Public Works) ACTION: Adopted. See above. 4 68 of 491 Book 100 / Page 134 07-17-2018 CONSENT CALENDAR (cont.) CONTRACT (C2018-10) 13. Resolution No. 2018-130. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A RELOCATION PLAN AS REQUIRED BY THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 AS AMENDED AND ANY OTHER APPLICABLE FEDERAL AND STATE LAWS FOR THE RELOCATION OF TWO RESIDENTIAL TENANTS AND ONE COMMERCIAL TENANT LOCATED AT 302 W. 19TH STREET IN NATIONAL CITY FOR THE TOTAL NOT -TO -EXCEED AMOUNT OF $250,000; AND AUTHORIZING THE ESTABLISHMENT OF A SEWER SERVICE FUND APPROPRIATION IN THE AMOUNT OF $250,000 AND THE USE OF SEWER SERVICE FUND BALANCE. (Housing & Economic Development) ACTION: Adopted. See above. FINANCIAL MANAGEMENT 2018-2019 (204-1-34) 14. Investment transactions for the month ended May 31, 2018. (Finance) ACTION: Approved. See above. WARRANT REGISTER JULY 2018 - JUNE 2019 (202-1-33) 15. Warrant Register #49 for the period of 05/30/18 through 06/05/18 in the amount of $4,131,984.66. (Finance) ACTION: Ratified. See above. 16. Warrant Register #50 for the period of 06/06/18 through 06/12/18 in the amount of $1,545,377.74. (Finance) ACTION: Ratified. See above. PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS MUNICIPAL CODE 2018 (506-2-33) 17. Ordinance No. 2018-2448. PUBLIC HEARING AND ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING TABLE 18.24.050 (ALLOWABLE LAND USES, MIXED -USE ZONES), TABLE 18.25.020 (ALLOWABLE LAND USES, INDUSTRIAL ZONES), AND SECTION 18.50.010 (GLOSSARY) TO PROVIDE FOR WINE TASTING ROOMS. (Applicant: City -Initiated Land Use Amendment) (Case File 2018-09 A) (Planning) (Companion Item #18) RECOMMENDATION: Adopt the amendments to Title 18. TESTIMONY: John Borja, National City, spoke in support. Shane Parmely, La Jolla, spoke in opposition. 5 69 of 491 Book 100 / Page 135 07-17-2018 PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS (cont.) MUNICIPAL CODE 2018 (506-2-33) 17. Ordinance No. 2018-2448 (continued). ACTION: Motion by Sotelo-Solis, seconded by Cano, to close the Public Hearing. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Rios, Sotelo-Solis. Nays: None. Absent: Morrison. Abstain: None Motion by Sotelo-Solis, seconded by Rios, to adopt the Ordinance. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Rios, Sotelo-Solis. Nays: None. Absent: Morrison. Abstain: None. NON CONSENT RESOLUTIONS COUNCIL POLICY ADMIN (102-13-1) 18. Resolution No. 2018-131. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CITY COUNCIL POLICY NO. 707, ENTITLED "ALCOHOL BEVERAGE LICENSE APPLICATION REVIEW PROCESS AND ALCOHOL CONDITIONAL USE PERMIT STANDARDS" TO PROVIDE FOR THE OPERATION OF WINE TASTING ROOMS. (Applicant: City -Initiated Land Use Amendment) (Case File 2018-09 A) (Planning) (Companion Item #17) RECOMMENDATION: Adopt the changes to Policy No. 707. TESTIMONY: Shane Parmely, La Jolla, spoke in opposition. ACTION: Motion by Rios, seconded by Mendivil, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Rios, Mendivil, Sotelo-Solis. Nays: Cano. Absent: Morrison. Abstain: None. Motion by Sotelo-Solis, seconded by Rios, due to continuing disruptions taking place outside the City Council Chamber, that we adjourn the meeting to tomorrow morning to allow time for things to decompress. Motion failed by the following vote, to -wit: Ayes: Rios, Sotelo-Solis. Nays: Cano, Mendivil. Absent: Morrison. Abstain: None. Police Chief Manuel Rodriguez stated that an arrest had been made by police resulting in a sit-in by demonstrators in the lobby making it difficult to get people who have filled out speaker slips into the City Council Chamber to speak on items of business. STAFF REPORTS WERE TAKEN UP NEXT 6 70 of 491 Book 100 / Page 136 07-17-2018 C. REPORTS STAFF REPORTS City Engineer/Public Works Director Steve Manganiello provided an update on the status of the operation and repair of the air conditioners in the Library and Senior Center. Assistant City Manager Brad Raulston reported that the Port District approved a $900,000 matching grant to the City from the Port District. Police Chief Rodriguez updated the City Council that three arrests have been made by the Police Department and he recommended that it would be best to continue the City Council meeting to another time. Vice Mayor Mendivil asked if people are able to come into the Council Chamber. Chief Rodriguez said the entrance has been partially cleared but people entering the Council Chamber tend to excite those who cannot enter. Member Rios asked if continuing with the meeting would put people in danger. Chief Rodriguez said not necessarily danger, but it would create some disruption and the arrests that have been made create their own set of issues. Vice Mayor Mendivil asked the Chief if he was saying if continuing the meeting is going to exacerbate the situation and perhaps result in more arrests being made. Chief Rodriguez said that would be correct. Vice Mayor Mendivil asked how it would help the situation if the meeting stopped. Chief Rodriguez said the people outside would no longer have a reason get upset because people would no longer be entering the Council Chamber to address the Council. Vice Mayor Mendivil said he would like to take a five minute recess and bathroom break to talk about it. Motion by Sotelo-Solis, seconded by Rios, to adjourn the meeting at the request of the Police Chief for the safety of members of community, staff and police officers. Chief Rodriguez updated the City Council that due to the escalating situation outside the City Council Chamber and the large crowd size, the Police Department has called for mutual aid from the Sheriff and other jurisdictions. Vice Mayor Mendivil asked the Police Chief if continuing the meeting would put people in danger. 7 71 of 491 Book 100 / Page 137 07-17-2018 STAFF REPORTS (cont.) Chief Rodriguez responded that, based on the situation, and the fact that mutual aid has been requested, there was a possibility that people could be injured. Vice Mayor Mendivil said that he could now support the motion. Vice Mayor Mendivil said he would like to call a five minute recess to talk about the situation. The motion was clarified by the maker to be, to adjourn the meeting to Wednesday, July 18th at 10:00 am. Member Cano offered a substitute motion to adjourn the meeting to July 18th at 4:00 pm. There was no second. Member Cano said the people should be allowed to speak, and he still thinks the meeting should continue and move forward. VICE MAYOR MENDIVIL CALLED A FIVE MINUTE RECESS. THE MEETING RECONVENED AT 8:32 PM. ROLL CALL Council / Board members present: Cano, Mendivil, Rios, Sotelo-Solis. Council / Board members absent: Morrison. At the request of Member Cano, the maker and second agreed to amend the original motion to include taking action on the Successor Agency Agenda prior to adjourning to 10:00 am on July 18th. Acting City Attorney Nicole Pedone ruled the amended motion unnecessary since the Successor Agency Agenda will be addressed after the City Council Meeting. The original motion on the floor was clarified to be, to adjourn the meeting to Wednesday, July 18th at 10:00 am. Member Cano made a substitute motion, seconded by Mendivil, to adjourn the meeting to Wednesday, July 18th at 4:00 pm. City Clerk Dalla advised that the substitute motion violates the rules of procedure and would be out of order. The original motion, to adjourn the meeting to Wednesday, July 18th at 10:00 am, failed by the following vote, to -wit: Ayes: Rios, Sotelo-Solis. Nays: Cano, Mendivil. Absent: Morrison. Abstain: None. Motion by Cano, seconded by Mendivil, to adjourn the meeting to July 18th at 4:00 p.m. Motion failed by the following vote, to -wit: Ayes: Cano, Mendivil. Nays: Rios, Sotelo-Solis. Absent: Morrison. Abstain: None. 8 72 of 491 Book 100 / Page 138 07-17-2018 STAFF REPORTS (cont.) Motion by Rios, seconded by Sotelo-Solis, to agendize the matter of Earl McNeil. Motion failed by the following vote, to -wit: Ayes: Rios, Sotelo-Solis. Nays: Cano, Mendivil. Absent: Morrison. Abstain: None. Vice Mayor Mendivil asked the City Attorney how many members would need to be present at an Adjourned Meeting to constitute a quorum. Acting City Attorney Pedone responded that three members would constitute a quorum and a Resolution would require three affirmative votes. Motion by Mendivil, seconded by Sotelo-Solis, to adjourn the meeting to July 18th at 2:00 p.m. and continue with the remainder of the agenda. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Sotelo-Solis. Nays: Rios. Absent: Morrison. Abstain: None. The meeting adjourned at 8:45 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of January 22, 2019. Mayor 9 73 of 491 Book 100 / Page 139 07-18-2018 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY July 18, 2018 The Adjourned Regular Meeting (continuation of the July 17111 meeting) of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 2:05 p.m. by Vice Mayor / Chairman Albert Mendivil. ROLL CALL Council / Board members present: Cano, Mendivil, Rios, Sotelo-Solis (2:14 pm). Council / Board members absent: Morrison. Administrative Officials present: Dalla, Deese, Duong, Parra, Pedone, Raulston, Reeder, Roberts, Rodriguez, Vergara. Others present: City Treasurer Mitch Beauchamp. NON CONSENT RESOLUTIONS (cont.) PROPERTY TAX RATE BONDED INDEBTEDNESS ADMIN (205-02-02) 19. Resolution No. 2018-132. 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 2019 FROM 0.79 CENT PER $100 OF ASSESSED VALUATION TO 0.73 CENT. (Finance) RECOMMENDATION: Adopt the Resolution, reducing the property tax rate for the Library General Obligation Bonds for Fiscal Year 2019 from 0.79 cent per $100 of assessed valuation to 0.73 cent. TESTIMONY: None. ACTION: Motion by Rios, seconded by Cano, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Rios. Nays: None. Absent: Morrison, Sotelo-Solis. Abstain: None. ELECTION JUNE 2018 ADMIN (505-7-5) 20. Resolution No. 2018-133. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RECITING THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD ON TUESDAY, JUNE 5, 2018 DECLARING THE VOTE PURSUANT TO CALIFORNIA ELECTION CODE 10262 AND SUCH OTHER MATTERS AS PROVIDED BY LAW. (City Clerk) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Rios, seconded by Mendivil, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Rios. Nays: None. Absent: Morrison, Sotelo-Solis. Abstain: None. 10 74 of 491 Book 100 / Page 140 07-18-2018 NEW BUSINESS SUBDIVISIONS / VARIANCES 2018 (415-1-14) 21. Notice of Decision - Planning Commission approval of a Zone Variance to allow for a reduced rear -yard setback of a proposed single-family residence located on the west side of "D" Avenue north of East 29th Street. (Applicant: Jeffrey Silva) (Case File 2017-17 Z) (Planning) RECOMMENDATION: File the Notice of Decision. TESTIMONY: None. ACTION: Motion by Cano, seconded by Rios, to accept and file the Notice of Decision. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Rios. Nays: None. Absent: Morrison, Sotelo-Solis. Abstain: None. Member Sotelo-Solis arrived at 2:14 pm TEMPORARY USE PERMITS 2018 (203-1-34) 18. Temporary Use Permit - 2nd Annual Bayside Brew and Spirits Festival sponsored by the National City Chamber of Commerce at Pepper Park on September 29, 2018 with a request for waiver of fees. (Neighborhood Services) RECOMMENDATION: Approve the application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees or in accordance to City Council Policy 802. TESTIMONY: None. ACTION: Motion by Cano, to approve without the waiver of fees. Motion died for lack of a second. Motion by Rios, seconded by Sotelo-Solis, to approve with waiver of fees not including processing fees. Motion failed by the following vote, to -wit: Ayes: Rios, Sotelo-Solis. Nays: Cano, Mendivil. Absent: Morrison. Abstain: None. Motion by Cano, seconded by Mendivil, to approve without the waiver of fees. Carried by unanimous vote. RENT CONTROL MEASURE 2018 (505-7-8) 22. Certificate of Sufficiency of Petition - Rent Control and Direct Further Action under Section 9215 of the Election Code. (City Clerk) RECOMMENDATION: Direct staff to prepare the following Resolutions for consideration at the Adjourned Regular Meeting of July 24th: a) Calling for and Giving Notice of a Special Election, b) Ordering the Submission of a Measure, c) Requesting Consolidation with the Statewide General Election and d) Authorizing the filing of an Impartial Analysis by the City Attorney and Written Arguments. 11 75 of 491 Book 100 / Page 141 07-18-2018 NEW BUSINESS (cont.) RENT CONTROL MEASURE 2018 (505-7-8) 22. Certificate of Sufficiency of Petition (continued) TESTIMONY: The following speakers spoke in support of moving the measure to the ballot: Ignacio Hernandez Valverde, Irvin Martinez, Molly Kirkland, Tracy Morgan Hollingsworth, Alicia Sanchez, Bradley Bang, Paola Martinez-Montes, Tom Lemon, Carolina Martinez and Dr. Peter (un-known last name). ACTION: Motion made by Sotelo-Solis, seconded by Rios, to move forward to adopt the Rent Control Ordinance without alteration. It was clarified by the City Attorney that the proper motion would be to direct staff to bring back resolution language to adopt the Ordinance for consideration at the next meeting. Motion failed by the following vote, to -wit: Ayes: Rios, Sotelo-Solis. Nays: Cano, Mendivil. Absent: Morrison. Abstain: None. Motion by Rios, seconded by Mendivil, to direct staff to prepare the following Resolutions for consideration at the Adjourned Regular Meeting of July 24th to place the measure on the ballot: a) Calling for and Giving Notice of a Special Election, b) Ordering the Submission of a Measure, c) Requesting Consolidation with the Statewide General Election and d) Authorizing the filing of an Impartial Analysis by the City Attorney and Written Arguments. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Rios, Sotelo-Solis. Nays: None. Absent: Morrison. Abstain: None. C. REPORTS STAFF REPORTS There were no staff reports. MAYOR AND CITY COUNCIL Member Sotelo-Solis thanked the public and staff for being present at the meetings and read the following prepared joint statement on behalf of herself and Member Rios regarding the Earl McNeil case. "On behalf of Councilmember Rios and I, we are writing to highlight the importance of transparency and the need for a thorough investigation in the Earl McNeil case, the City of National City, and the City Police Department. Our sincere thoughts and prayers are with the McNeil family. There are questions, and due to the ongoing investigation nature as to what occurred and what the outcome will be, we ask for questions to be answered in a timely and thorough manner. As Councilmembers and supporters of law enforcement, and believers in a thorough process, we know firsthand, and have funded, the improvements and purposeful efforts our National City Police Department has done to work side by side with our community to improve community relations. We all stand together for transparency and accountability so that the family and community can find solace. Thank you." 12 76 of 491 Book 100 / Page 142 07-18-2018 MAYOR AND CITY COUNCIL (cont.) Motion by Rios, seconded by Sotelo-Solis, to agendize the discussion on Mr. Earl McNeil. Motion failed by the following vote, to -wit: Ayes: Rios, Sotelo- Solis. Nays: Cano, Mendivil. Absent: Morrison. Abstain: None. Motion by Rios, seconded by Sotelo-Solis, to agendize a discussion for a proclamation for Snookie Rico. Member Mendivil advised that the proper protocol for proclamations is to refer them to the Mayor's office and there was no need to vote on the item. Vice Mayor Mendivil spoke on rent control stating that it is a difficult topic and expressed his concerns for the Earl McNeil family and friends and all who are upset. Member Sotelo-Solis shared that, as part of next week's meeting, there will be resolution language considered regarding the separation of families' by the Federal Government. She urged everyone to read up on the resolution language that she will be proposing. PUBLIC COMMENTS The following individuals expressed their displeasure with the City and the need for justice and transparency in the Earl McNeil case: William Johnson, Michael Rodriguez, Bri, Brittany McCline, Armando Abundis, Mary Duty, Amie Zamudio, Jay Evans, Catherine Barnes, Loxie Gant, Blair Overstreet, Earl McNeil II (Tasha Williamson), Bishop Bower, Mark Lane, Earl McNeil 3rd O. Earl McNeil, and Brooke. A RECESS WAS CALLED AT 3:25 PM. THE MEETING RECONVENED AT 3:34 PM. ROLL CALL Council / Board members present: Cano, Mendivil, Rios, Sotelo-Solis. Council / Board members absent: Morrison. PUBLIC COMMENTS (cont.) Coyote Moon, National City, spoke on the current vacancies on the Community and Police Relations Commission (CPRC), and urged the Council to fill the vacancies and to publish the minutes in a timely manner. She suggested that the CPRC be given subpoena powers. James Elia, El Cajon, expressed his displeasure with the City Council and their decision making regarding rent control and Earl McNeil. 13 77 of 491 Book 100 / Page 143 07-18-2018 ADJOURNMENT Motion by Sotelo-Solis, seconded by Cano, to adjourn the meeting to the next Adjourned Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday — July 24, 2018 - 6:00 p.m. - Council Chambers - National City, California. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Rios, Sotelo-Solis. Nays: None. Absent: Morrison. Abstain: None. Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday — September 4, 2018 - 6:00 p.m. - Council Chambers - National City, California. The meeting closed at 3:47 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of January 22, 2019. Mayor CITY COUNCIL LEGISLATIVE RECESS August 7, 2018 - City Council Meeting - Dispensed With August 21, 2018 - City Council Meeting - Dispensed With 14 78 of 491 Book 100 / Page 144 07-24-2018 DRAFT DRAFT DRAFT MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY July 24, 2018 The Adjourned 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, Denham, Duong, Manganiello, Morris -Jones, Mosley, Parra, Raulston, Roberts, Rodriguez, Vergara, Williams, Ybarra. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC COMMENTS Martin Ruiz, National City, spoke about his experience as an intern working in the Mayor's office. Matt Dunn, San Diego, spoke on Electro Politics, race, policing, and how it can affect the upcoming election. The following speakers spoke on justice and Earl McNeil: Julie Corrales, Marco, Jules Jay, Earl McNeil III, Norma Velasquez, Earl McNeil IV, Earl McNeil II (Tasha Williamson), Brooke Schuller, Diamond Wallace, Liz Shopes, Anita Turner, Yusef McNeil, Mark Lane, Therese Hymer, Susannah Bankead, Shane Parmely, Art Fusco, Cat Mendonca, Gretel Rordriguez, Rashida Hamecel, Pat Aceves, Armando Abundis, Muhamed Abduan, Leah Blake, and Ira Carter -Campbell. PROCLAMATIONS PROCLAMATION ADMIN (102-2-1) 1. Alzheimer's and Brain Awareness Month 2. NaFFAA San Diego/ Imperial Region Filipino -American Friendship Day ACTION: Proclamations were continued to a future meeting. 15 79 of 491 CITY COUNCIL CONSENT CALENDAR Book 100 / Page 145 07-24-2018 ADOPTION OF CONSENT CALENDAR. Item No. 3 (NCMC), Item No. 4 through 14 (Resolution Nos. 2018-134 through 2018-144), and Item No. 15 (Temporary Use Permit). Motion by Sotelo-Solis, seconded by Cano, to approve the Consent Calendar. Carried by unanimous vote. MUNICIPAL CODE 2018 (506-2-33) 3. 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. LABOR RELATIONS POA MOU 2016-2019 (605-3-12) 4. Resolution No. 2018-134. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY 1) AUTHORIZING THE CHIEF OF POLICE TO SIGN A MEMORANDUM OF UNDERSTANDING WITH THE FEDERAL BUREAU OF INVESTIGATION (FBI) TO PARTICIPATE IN OPERATIONS WITH THE HUMAN TRAFFICKING AND CHILD EXPLOITATION TASK FORCE (HTCETF), 2) AUTHORIZING THE ACCEPTANCE OF FUNDS, AND 3) AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION AND CORRESPONDING REVENUE BUDGET FOR OVERTIME UP TO THE AMOUNT OF $18,042 PER FISCAL YEAR. THE HTCETF CONDUCTS CRIMINAL INVESTIGATIONS TO IDENTIFY AND TARGET CRIMINALS WHO ENGAGE IN SEX TRAFFICKING, FORCED LABOR TRAFFICKING, DOMESTIC SERVITUDE AND TO RESCUE CHILD VICTIMS; TO REDUCE THE VULNERABILITY OF CHILDREN TO SEXUAL EXPLOITATION AND ABUSE. (Police) ACTION: Adopted. See above. CONTRACT (C2015-56) GRANT / OTS DUI / TRAFFIC EDUCATION (206-4-4) 5. Resolution No. 2018-135. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY; 1) AUTHORIZING THE ACCEPTANCE OF A GRANT AWARD IN THE AMOUNT OF $100,000 FROM THE OFFICE OF TRAFFIC SAFETY (OTS) FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT 2019 TO CONDUCT DUI AND TRAFFIC RELATED ENFORCEMENT OPERATIONS; 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: Adopted. See above. 16 80 of 491 Book 100 / Page 146 07-24-2018 CONSENT CALENDAR (cont.) CONTRACT (C2018-48) 6. Resolution No. 2018-136. 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 THE AGREEMENT WITH THERMO SCIENTIFIC PORTABLE ANALYTICAL INSTRUMENTS, INC., FOR THE NOT TO EXCEED AMOUNT OF $61,896.15 FOR THE POLICE DEPARTMENTS PURCHASE OF TWO (2) TRUNARC CHEMICAL IDENTIFICATION SYSTEMS, WITH A 5-YEAR WARRANTY ON EACH MACHINE. (Police) ACTION: Adopted. See above. CONTRACT (C2013-27) 7. Resolution No. 2018-137. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE CITY OF SAN DIEGO FIRE AND EMERGENCY MEDICAL DISPATCH SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF NATIONAL CITY TO EXTEND THE TERM OF THE AGREEMENT FOR ONE ADDITIONAL YEAR, RETROACTIVE TO JULY 1, 2018 THROUGH JUNE 30, 2019. (Fire) ACTION: Adopted. See above. FIRE DEPT ADMIN (305-1-1) 8. Resolution No. 2018-138. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE FORMAL BID PROCESS PURSUANT TO MUNICIPAL CODE SECTION 2.60.260 FOR THE PURCHASE OF A PIERCE ARROW XT PUMPER WITH EQUIPMENT FOR THE NATIONAL CITY FIRE DEPARTMENT, AND AUTHORIZING THE CITY TO PIGGYBACK THE CITY OF LOS ANGELES SUPPLY CONTRACT 59710 — AMENDMENT 1 WITH PIERCE MANUFACTURING, INC., FOR A NOT TO EXCEED AMOUNT OF $707,701.37 USING THE VEHICLE REPLACEMENT FUND. (Fire) ACTION: Adopted. See above. FIRE DEPTADMIN (305-1-1) 9. Resolution No. 2018-139. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE FORMAL BID PROCESS PURSUANT TO MUNICIPAL CODE SECTION 2.60.260 FOR THE PURCHASE OF A PIERCE ARROW XT PUMPER WITH EQUIPMENT FOR THE NATIONAL CITY FIRE DEPARTMENT, AND AUTHORIZING THE CITY TO PIGGYBACK THE CITY OF LOS ANGELES SUPPLY COTRACT 59710 — AMENDMENT 1 WITH PIERCE MANUFACTURING, 17 81 of 491 Book 100 / Page 147 07-24-2018 CONSENT CALENDAR (cont.) FIRE DEPT ADMIN (305-1-1) 9. Resolution No. 2018-139 (continued). INC., FOR A NOT TO EXCEED AMOUNT OF $707,701.37 USING THE VEHICLE REPLACEMENT FUND. (Fire) ACTION: Adopted. See above. ENGINEERING / PUBLIC WORKS DEPT - GRANTS / REPORTS ADMIN (1104-1-1) 10. Resolution No. 2018-140. 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 ALLIANCE CONTRACT #120716-NAF TO AWARD THE PURCHASE AND BUILD -OUT OF TWO (2) 2019 FORD TRANSIT CONNECT VANS (S7E) XL LWB TO NATIONAL AUTO FLEET GROUP IN AN AMOUNT NOT TO EXCEED $58,506.68 FOR THE ENGINEERING AND PUBLIC WORKS FACILITIES MAINTENANCE DIVISION. (Engineering/Public Works) ACTION: Adopted. See above. PARKING & TRAFFIC CONTROL ADMIN 2018 (801-2-40) 11. Resolution No. 2018-141. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF 25 FEET OF ADDITIONAL RED CURB "NO PARKING" ON THE WEST SIDE OF "L" AVENUE, NORTH OF E. PLAZA BOULEVARD (TSC NO. 2018-12). (Engineering/Public Works) ACTION: Adopted. See above. 12. Resolution No. 2018-142. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF STOP CONTROL AT VARIOUS INTERSECTIONS WITHIN THE NEIGHBORHOOD BOUNDED BY E. 1ST STREET TO THE NORTH, E. 4TH STREET TO THE SOUTH, HIGHLAND AVENUE TO THE EAST AND "D" AVENUE TO THE WEST (TSC No. 2018-13). (Engineering/Public Works) ACTION: Adopted. See above. 18 82 of 491 Book 100 / Page 148 07-24-2018 CONSENT CALENDAR (cont.) PARKING & TRAFFIC CONTROL ADMIN 2018 (801-2-40) 13. Resolution No. 2018-143. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE REMOVAL OF ONE, 15-MINUTE TIME RESTRICTED PARKING SPACE IN FRONT OF THE RESIDENCE LOCATED AT 1039 "D" AVENUE (TSC No. 2018-14). (Engineering/Public Works) ACTION: Adopted. See above. 14. Resolution No. 2018-144 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE REMOVAL OF TWO, 30- MINUTE TIME RESTRICTED PARKING SPACES IN FRONT OF THE BUILDING LOCATED AT 1900 WILSON AVENUE (TSC No. 2018-15). (Engineering/Public Works) ACTION: Adopted. See above. TEMPORARY USE PERMITS 2018 (203-1-34) 15. Temporary Use Permit — Pumpkin Station hosted by Pinery Christmas Trees, Inc. at Westfield Plaza Bonita Mall from September 28, 2018 thru October 31, 2018 with no waiver of fees. (Neighborhood Services) ACTION: Approved. See above. PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS MUNICIPAL CODE 2018 (506-2-33) 16. Ordinance No. 2018-2449. PUBLIC HEARING AND ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING NATIONAL CITY MUNICIPAL CODE TITLE 13, SECTION 13.22.060, SUBSECTION "A" PERTAINING TO PUBLIC IMPROVEMENT REQUIREMENTS FOR SINGLE BUILDING PERMITS. (Engineering/Public Works) RECOMMENDATION: Provide second reading and adopt Ordinance of the City Council of the City of National City amending National City Municipal Code Title 13, Section 13.22.060, Subsection "A". TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano to close the Public Hearing. Carried by unanimous vote. Motion by Cano, seconded by Mendivil, to adopt the Ordinance. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison. Nays: Rios, Sotelo-Solis. Absent: None. Abstain: None. A RECESS WAS CALLED AT 7:19 PM THE MEETING RECONVENED AT 9:55 PM. ALL MEMBERS WERE PRESENT. 19 83 of 491 Book 100 / Page 149 07-24-2018 ITEM NO. 17 WAS RE -INTRODUCED. MEMBER MENDIVIL RECUSED HIMSELF AND LEFT THE CHAMBER DURING CONSIDERATION OF ITEM NOS. 17 THROUGH 20 BECAUSE HE IS AN OWNER OF RENTAL PROPERTY. NON CONSENT RESOLUTIONS ELECTION NOV 2018 ADMIN (505-7-9) 17. Resolution No. 2018-145. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2018, FOR THE PURPOSE OF SUBMISSION OF A BALLOT MEASURE TO THE VOTERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. (City Clerk) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Rios, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Cano, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: Mendivil. ELECTION NOV 2018 ADMIN (505-7-9) 18. Resolution No. 2018-146. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ORDERING THE SUBMISSION OF A MEASURE TO THE QUALIFIED VOTERS OF THE CITY OF NATIONAL CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 2018, RELATING TO APPROVAL OF AN ORDINANCE ESTABLISHING A PROGRAM OF RESIDENTIAL RENT CONTROL, INCLUDING CREATION OF AN INDEPENDENT RENT BOARD, AND INCLUDING JUST CAUSE FOR EVICTION PROTECTIONS AND RENT STABILIZATION PROVISIONS. (City Clerk) RECOMMENDATION: Adopt the Resolution. TESTIMONY: A statement in support of rent control, by Alicia Sanchez, National City, was read into the record by Translator Laura Casas. Rafael Bautista, Dr. Peter Brownell, Adriana Huerta, Irvine Martinez, and Paola Martinez Montes submitted speaker slips in support of rent control but were not present to speak. ACTION: Mayor Morrison stated for the record that the proposed action is legally required and the City Council has no discretion in the matter. Motion by Rios, seconded by Sotelo-Solis, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Cano, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: Mendivil. 20 84 of 491 Book 100 / Page 150 07-24-2018 NON CONSENT RESOLUTIONS (cont.) ELECTION NOV 2018 ADMIN (505-7-9) 19. Resolution No. 2018-147. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 2018 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE. (City Clerk) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Rios, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison. Nays: Rios, Sotelo-Solis. Absent: None. Abstain: None. RENT CONTROL MEASURE 2018 (505-7-8) 20. Resolution No. 2018-148. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN IMPARTIAL ANALYSIS AND WRITTEN ARGUMENTS RELATING TO A MEASURE TO APPROVE AN ORDINANCE ESTABLISHING A PROGRAM OF RESIDENTIAL RENT CONTROL, INCLUDING CREATION OF AN INDEPENDENT RENT BOARD, AND INCLUDING JUST CAUSE FOR EVICTION PROTECTIONS AND RENT STABILIZATION PROVISIONS. (City Clerk) RECOMMENDATION: Adopt the Resolution. TESTIMONY A statement in support of rent control, by Irma Reyes, National City, was read into the record by Translator Laura Casas. Carmen Perez Dion and Rick Bates submitted speaker slips in support of rent control, but were not present to speak. ACTION: Motion by Rios, seconded by Sotelo-Solis, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Cano, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: Mendivil. MEMBER MENDIVIL RETURNED TO THE CHAMBER. NEW BUSINESS HOUSING & ECONOMIC DEVELOPMENT DEPT ADMIN (1104-1-9) 21. Update on the status of finalizing Maintenance and Operating Agreements with the National City Historical Society, National City Living History Farm Preserve and the San Diego Electric Railway Association for consideration by the City Council. (Housing & Economic Development) ACTION: No action was taken. 21 85 of 491 Book 100 / Page 151 07-24-2018 NEW BUSINESS (cont.) MEMBER CANO STATED THAT HE WOULD BE RECUSING HIMSELF FROM THE NEXT ITEM SINCE IT RELATES TO SOME ITEMS THAT INVOLVE HIM. MEMBER CANO LEFT THE CHAMBER. CITY ATTORNEY REPORTS (509-1-3) 22. Results of investigations by Lozano Smith, Attorneys at Law into the allegations against Councilmember Cano and the allegation against Councilmember Rios. (City Attorney) PRESENTATION: The Investigative report titled "Report of Special Counsel" was distributed to the Mayor, City Council, Staff, and the public. Attorney William Curley reviewed the methodology, conclusion, and recommendations of the report. TESTIMONY: Attorney Cory Briggs, representing Member Mona Rios, requested a copy of an e-mail sent to Attorney Curley from Member Cano and addressed various aspects of the report. Attorney Briggs, representing San Diegans for Open Government, requested any public records addressing an expense item mentioned in the report. Attorney Briggs offered suggestions on how to avoid future problems with code violations. RECOMMENDATION: The City Council review the report thoroughly and that it come back on the September 4th City Council agenda for direction on how to proceed and to provide direction on recommendations regarding a formal public apology. ACTION: The consensus was to place the report on the September 4th Agenda. There was no vote. Note: A copy of the Special Counsel Report is attached as Exhibit "A". MEMBER CANO RETURNED TO THE CHAMBER. COUNCIL POLICY ADMIN (102-13-1) 23. City Council discussion and direction on draft City Council Policy #119 - Code of Ethics and Conduct for Elected Officials, Council Appointed Officials, and Members of City Boards, Commissions and Committees. (City Manager) ACTION: Motion by Mendivil, seconded by Cano, to bring back the draft policy in resolution form on September 4th and include a Glossary of Terms. Carried by unanimous vote. 22 86 of 491 Book 100 / Page 152 07-24-2018 B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY NON CONSENT RESOLUTIONS - HOUSING AUTHORITY CONTRACT (C2013-52) HOUSING AUTHORITY 2018 (404-1-7) 24. Resolution No. 2018-67. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A SUBORDINATION AGREEMENT WITH WILMINGTON TRUST, NATIONAL ASSOCIATION, SUBORDINATING THE PROJECT DEED OF TRUST THAT SECURES THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (TENANT RESTRICTIONS) ON SUMMERCREST APARTMENTS LOCATED AT 2721 PLAZA BOULEVARD IN NATIONAL CITY. (Housing & Economic Development) RECOMMENDATION: Adopt the Resolution to execute the Subordination Agreement. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Mendivil, to adopt the Resolution. Carried by unanimous vote. C. REPORTS STAFF REPORTS Director of Finance Mark Roberts announced the resignation of Financial Services Officer and current Acting Director of Finance Javier Carcamo who accepted a lateral position for the City of Poway. MAYOR AND CITY COUNCIL CITY COUNCIL ADMIN (102-16-1) 25. Discussion of language for a resolution in opposition to the Trump Administration's "Zero Tolerance" Policy and Family Separation of Immigrants. (Councilmember Sotelo-Solis) ACTION: Motion by Cano, seconded by Mendivil, to not move forward with a Resolution. Substitute motion made by Rios, seconded by Sotelo-Solis, to move forward with a Resolution with recommended revisions. Motion failed by the following vote, to -wit: Ayes: Rios, Sotelo-Solis. Nays: Cano, Mendivil. Absent: None. Abstain: Morrison. Original motion to not move forward failed by the following vote, to -wit: Ayes: Cano, Mendivil. Nays: Rios, Sotelo-Solis. Absent: None. Abstain: Morrison. 23 87 of 491 Book 100 / Page 153 07-24-2018 MAYOR AND CITY COUNCIL (cont.) Member Mendivil spoke of his disappointment in regards to the City Council not coming together as a unit based on what transpired during the last City Council meeting on the Earl McNeil matter. Member Sotelo-Solis responded to Member Mendivil's comments saying that the issue does affect the community and there has to be transparency. She defended herself for the times in the past when she has asked questions and said she will stay true to who she is. Member Sotelo-Solis then read the following statement into the record: "On behalf of Councilmember Rios and I, we are writing to highlight the importance of transparency and the need for a thorough investigation in the Earl McNeil case, the City of National City, and the City Police Department. Our sincere thoughts and prayers are with the McNeil family. There are questions, and due to the ongoing investigation nature as to what occurred and what the outcome will be, we ask for questions to be answered in a timely and thorough manner. As Councilmembers and supporters of law enforcement, and believers in a thorough process, we know firsthand, and have funded, the improvements and purposeful efforts our National City Police Department has done to work side by side with our community to improve community relations. We all stand together for transparency and accountability so that the family and community can find solace. Thank you." Member Rios said she hopes that Member Mendivil listened to the statement that was read into the record. She spoke briefly on her history as a Councilmember and how she will always strive to govern the same and will continue to ask the questions and make sure that there is a balance. At the last meeting, she was concerned about things getting out of hand and felt a need to reevaluate the response. Member Cano criticized the motives and conduct of two of his Council colleagues; he said they made the situation worse by the motion they made; that they created a hostile work environment and that he was disappointed in them. Mayor Morrison reviewed the protest history of some of the people who have been disrupting Council meetings. He took issue with their conduct and motives and said he was not going to be an ally of people who want to tear down the City and questioned what would be accomplished by putting the item on the agenda. City Attorney Morris -Jones announced that the Special Meeting on July 25th has been cancelled. CLOSED SESSION REPORT There was no Closed Session report. 24 88 of 491 Book 100 / Page 154 07-24-2018 ADJOURNMENT Motion by Sotelo-Solis, seconded by Cano, 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 4, 2018 - 6:00 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 — September 4, 2018 - 6:00 p.m. - Council Chambers - National City, California. The meeting closed at 12:38 a.m. City Clerk The foregoing minutes were approved at the Regular Meeting of January 22, 2019. Mayor CITY COUNCIL LEGISLATIVE RECESS August 7, 2018 - City Council Meeting - Dispensed With August 21, 2018 - City Council Meeting - Dispensed With 25 89 of 491 Book 101 / Page 1 01-07-2019 DRAFT DRAFT DRAFT MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY January 7, 2019 The Special Meeting of the City Council of the City of National City was called to order at 2:35 p.m. by Mayor / Chairwoman Alejandra Sotelo-Solis. ROLL CALL Council / Board members present: Cano, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Morris -Jones, Manganiello. CITY COUNCIL OPEN SESSION PUBLIC COMMENTS — None. Members retired into Closed Session at 2:35 p.m. CLOSED SESSION 1. Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Eddie Kreisberg, Mark Roberts, Irene Mosley, Jose Tellez, and Lilia Munoz Employee Organization: Police Officers' Association 2. Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Eddie Kreisberg, Mark Roberts, Robert Hernandez, Irene Mosley, and Lilia Munoz Employee Organization: Firefighters' Association CLOSED SESSION REPORT City Attorney Angil-Morris Jones reported that the City Council by unanimous vote, gave direction on both items considered in Closed Session. ADJOURNMENT Next Adjourned Regular City Council Meeting: Tuesday, January 22, 2019, 2018, 6:00 p.m., City Council Chambers, Civic Center — National City, California. City Clerk The foregoing minutes were approved at the Adjourned Regular Meeting of January 22, 2019. Mayor 26 90 of 491 Book 101 / Page 2 01-14-2019 DRAFT DRAFT DRAFT MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY January 14, 2019 The Special Meeting of the City Council of the City of National City was called to order at 6:01 p.m. by Mayor / Chairwoman Alejandra Sotelo-Solis. ROLL CALL Council / Board members present: Cano, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Morris -Jones, Raulston. CITY COUNCIL OPEN SESSION PUBLIC COMMENTS — None. Members retired into Closed Session at 6:01 p.m. CLOSED SESSION 1. Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Eddie Kreisberg, Mark Roberts, Irene Mosley, Jose Tellez, and Lilia Munoz Employee Organization: Police Officers' Association 2. Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Eddie Kreisberg, Mark Roberts, Robert Hernandez, Irene Mosley, and Lilia Munoz Employee Organization: Firefighters' Association 3. Personnel Matter — Government Code Section 54957(b)(1) Public Employment Appointment — City Manager Position Members returned from Closed Session at 7:04 p.m. All members were present. OPEN SESSION CLOSED SESSION REPORT City Attorney Angil Morris -Jones reported that the City Council gave authorization to the above mentioned items in Closed Session as followed: Item No. 1, the City Council gave authorization by unanimous vote. For Item No. 2, the City Council gave authorization by a 3 to 1 vote with Councilmember Cano voting 'No'. For Item No 3, the City Council gave authorization to the City Manager to begin the recruitment process for selecting a new City Manager; to negotiate a contract with the search firm of Bob Murray and Associates, and to coordinate and assist them with hiring a new City Manager at which time the City Manager will retire. Direction was given by a 3 to 1 vote with Member Cano voting 'No'. The City Council unanimously praised and expressed gratitude and appreciation to City Manager Deese for her 33 years of exemplary dedicated service to the City and extended best wishes on her retirement. 27 91 of 491 Book 101 / Page 3 01-14-2019 ADJOURNMENT Next Adjourned Regular City Council Meeting: Tuesday, January 22, 2019 - 6:00 p.m. (adjourned from December4, 2018), City Council Chambers, Civic Center— National City, California. The meeting adjourned at 7:06 p.m. City Clerk The foregoing minutes were approved at the Adjourned Regular Meeting of January 22, 2019. Mayor 28 92 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 93 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving a First Amendment to the Agreement with Rady Children's Hospital — San Diego to provide support services for National City's Safe Routes to School (SRTS) Program, increasing the not -to -exceed amount of the Agreement by $300,000, for a total Agreement amount of $600,000, and extending the term of the Agreement to February 15, 2022; and authorizing the Mayor to execute the Amendment to Agreement. (Engineering/Public Works) Please scroll down to view the backup material. 93 of 491 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 22, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving a First Amendment to the Agreement with Rady Children's Hospital — San Diego to provide support services for National City's Safe Routes to School (SRTS) Program, increasing the not -to -exceed amount of the Agreement by $300,000, for a total Agreement amount of $600,000, and extending the term of the Agreement to February 15, 2022; and authorizing the Mayor to execute the Amendment to Agreement. PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: -14Finance ACCOUNT NO. APPROVED: Funds appropriated in CIP account # 001-409-500-598-6573 (Traffic Safety/Transportation Improvements) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Adopt Resolution approving a First Amendment to the Agreement with Rady Children's Hospital — San Diego to provide support services for National City's Safe Routes to School (SRTS) Program. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. First Amendment to Agreement 3. Resolution Qd of dQ1 1 Explanation: On February 16, 2016, per City Council Resolution No. 2016-16, the City of National City entered into an Agreement with Rady Children's Hospital — San Diego to provide to provide support services for National City's Safe Routes to School (SRTS) Program, including but not limited to, health and safety education; incentive -based walk/bike to school activities; presentations and workshops at parent -teacher meetings and public events; coordination with National City Police Department for recruitment and training of volunteer safety patrols; focus groups, user surveys, evaluation and reporting to determine SRTS Program effectiveness; and public safety campaigns. The Agreement is for a not -to -exceed amount of $300,000 and a term of three years, with the option to extend for one additional three-year period. Based on their performance and quality of work, staff recommends amending the Agreement with Rady Children's Hospital — San Diego to allow for continued support services for National City's SRTS Program. The First Amendment to Agreement would increase the not -to -exceed amount by $300,000, for a total Agreement amount of $600,000, and extend the term of the Agreement to February 15, 2022. Funding is available through General Fund CIP account #001-409-500-598-6573 (Traffic Safety / Transportation Improvements). 95 of 491 FIRTS AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND RADY CHILDREN'S HOSPITAL — SAN DIEGO This First Amendment to the Agreement is entered into this 22nd day of January, 2019 by and between the City of National City, a municipal corporation ("CITY"), and Rady Children's Hospital -San Diego, a California Non -Profit Public Benefit Corporation (the "CONSULTANT"). RECITALS WHEREAS, The CITY and the CONSULTANT entered into an Agreement on February 16, 2016, (the "Agreement") through the adoption of City Council Resolution No. 2016-16, wherein the CONSULTANT agreed to provide support services for National City's Safe Routes to School (SRTS) Program, including but not limited to, health and safety education; incentive -based walk/bike to school activities; presentations and workshops at parent -teacher meetings and public events; coordination with National City Police Department for recruitment and training of volunteer safety patrols; focus groups, user surveys, evaluation and reporting to determine SRTS Program effectiveness; and public safety campaigns; and WHEREAS, the Agreement, had a not -to -exceed amount of $300,000 and a term of three years, with the option to extend for one additional three-year period; and WHEREAS, based on the CONSULTANT'S performance and quality of work, the CITY desires to have the CONSULTANT continue providing support services for National City's SRTS Program, and the CONSULTANT is willing to perform such services; therefore, the parties desire to increase the not -to -exceed amount by $300,000, for a total Agreement amount of $600,000, and extend the term of the Agreement to February 15, 2022. AGREEMENT NOW, THEREFORE, the parties agree to amend the Agreement entered into on February 16, 2016, as follows: 1. Increase the not -to -exceed amount by $300,000, for a total Agreement amount of $600,000. 2. Extend the term of the Agreement to February 15, 2022. 3. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated February 16, 2016, shall remain in full force and effect. 96 of 491 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first above written. CITY OF NATIONAL CITY RADY CHILDREN'S HOSPITAL — SAN DIEGO i I By: By: L ' L,sia-) Alejandra Sotelo-Solis, Mayor Nicholas Holmes, MD Chief Operating Officer By: /-/ \ Margar a E. Norton `" --- Secr ary / Chief Administrative Officer APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: Roberto M. Contreras Deputy City Attorney 97 of 491 I A.r„�r-. COICI" Iirk-CERTIFICATE OF LIABILITY INSURANCE DATE(MwooNYYY) 12/6/2018 — THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Children's Hospital Insurance LTD 6th FI.,Cumberland House, 1 Victoria St. Hamilton HM 11, Bermuda CONTACT Lisa Stockinger pHONn Fkn, 925-943-3264 I -FAX 1:(925) 932-4260 E-MAREss.LStockinger@fames—gable.com INSURER(S) AFFORDING COVERAGE NAIC# NSURERA:Children's Hospital Insurance Ltd. N/A INSURED Rady Children's Hospital and Health Center, et al 3020 Children's Way, MC 5052 San Diego, CA 92123 INSURERS: INSURER C : INSURER D: INSURERS: INSURER F: COVERAGES CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUJREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. INsI LTR TYPE OF INSURANCE AUUL INSD sut1R WVD POLICY NUMBER POLICY EFF (MM/DDIYYYY) POLICY EXP (MMIDDIYYYY) LIMITS A GENERAL LIABILITY CHL1018^19 7/1/1$ 7/1/19 EACH OCCURRENCE $ 1 LOOO 000 X I CLAIMS -MADE ID OCCUR PREMISES (Ea ocAMAGE TO cD rr Bnce) urrence) $ 1,000 r 000 dCOMMERCIAL MEDEXP(Anyonepersan) $ incl Retro-Date 10/1/94 1 170007000- $ 6,000,000 I I -PHRSONALTADVINJURY GEN'L AGGREGATE GE OOLICY OTHER: LIMIT APPLIES PERCOT- Ei PER: LOC GENERAL AGGREGATE PRODUCTS - COMP/OP AGG $ 1, 000, 000 $ AUTOMOBILE — LIABILITY ANYAUTO OWNED AUTOS ONLY HIRED AUTOS ONLY — — _ SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Pet accident) , $ A UMBRELiA LIAR EXCESS LIAB X OCCUR CLAIMS -MADE _ CHL2018.19 7/1/18 7/1/19 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1 , 000 , 0 00 or DED LI RETENTION$ $ WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY Y! ANY PROPRIETO RIPARTNERlEXECUTIVE OFFICER(MEMBER EXCLUDED? (Mandatory In NH) Ifyes, describe under DESCRIPTION OF OPERATIONSbehv N!A rPERTUTE ER I OTH- STA E,L, EACH ACCIDENbT $ EL, DISEASE - EA EMPLOYEE $ R.LwDLSEASE-POLICY LIMIT $ . DESCRIPTION OF OPERATIONS ILOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Evidence of general liability as pertains to written agreement with City of National City for implementation of National City's Safe Routes to School (SRTS) Program. City of National City and its officers, agents and employees are included as Additional Insureds with respect to this agreement. Waiver of Subrogation also applies. ERTIFICATE HO LDER City of National City 1243 National City Boulevard National City, CA 91950-4301 Attn: Director of Public Works/ City Engineer CANCELLA 10 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTFIORIZED REPRESENTATIVE Anne tru+emedOld,,., LTD Bermuda ACORD 25 (2016/03) O 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 98 of 491 DATE(MM!DDJYYYY) CERTIFICATE OF LIABILITY INSURANCE 12/6/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(Ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsoment(s). PRODUCER JAMES + GABLE INSURANCE BROKERS 1660 Olympic Blvd #325 Walnut Creek, CA 94596 INSURED Rady Children's Hospital and Health Center, et al 3020 Children's Way San Diego, CA 92123 CONTACTLisa NAME: PHONE (Air: No FA' E-MAIL ADDRESS' Stockinger 925)943-3264 1 A/C,Not'(925) 932_4260 INSURER(S) AFFORDING COVERAGE Travelers Hzoparty Casualty Company o7. M�=Soa _INSURER A• INSURER B: NAIC N 36161 INSURER C: INSURER D: INSURE;: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS LTR A A TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY ( CLAIMS -MADE El OCCUR G'—"'EEN'L AGGREGATE LIMIT APPLIES PER: RPOLICY A-...J JECT LOC OTHER: AUTOMOBILE LIABILITY X X ANYAUTO OWNED SCHEDULED AUTOS ONLY — AUTOS HIRED NON -OWNED AUTOS ONLY x AUTOS ONLY UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE DEO u RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDE.? (Mandatory in NH) ityas, describe under DESCRIPTION OF OPERATIONS below AUUL 1NSD N(A IN)/1) POLICY NUMBER 810-8465L841-TIL TC2JUB4258B99418 POLICY EFF I POLICY EXP ,(MM(ODIYYYY)MMiDDIY_YYY] 7/1/2018 7/1/2018 7/1/2019 7/1/2019 LIMITS EACH OCCURRENCE DAMAGE TO RLN 1 ED PREMISES ffln occurrence) MED EXP (Anyone person) PERSONAL & ADVINJURY GENERAL AGGREGATE PRODUCTS -COMP(OPAGG -COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE „(Por accfdon(t EACH OCCURRENCE AGGREGATE $ 1,000,000 $ $ $ X 1 STEATUTE I I ER H E.L. EACH ACCIDENT $ 1,00.0,000. E.L. DISEASE - EA EMPLOYEE E.L. DISEASE- POLICY LIMIT $ 1,0G9A1)01 $ 1(0013:80; DESCRIPTION OF OPERATIONS 1LOCATIONS /VEHICLES (ACORD 101, AddifonalRemerksSchedule, may beattached if more space is required) Re: National City's Safe Route to School (SRTS) Program. The City of National City, its elected officials, officers, agents and employees are included as Additional Insureds on the auto policy per form #CAT353. Waiver of subrogation in favor of the City is included per form #WC990376. E .OLDEA ELLATIt►N City of National City 1243 National City Blvd. National City, CA 91950-4301 Attn: Director of Public Works/ City Engineer SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE-;L.. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED ,IN‘: .+ ACCORDANCE WITH THE POLIGY PROVISIONS. ' .• AUTHORIZED REPRESENTATIVE 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 99 of 491 ENDORSEMENT #2 This endorsement effective July 1, 2018 forms part of Policy No.: CHL1018-19 Issued to: RADY CHILDREN'S HOSPITAL AND HEALTH CENTER, ET AL By: CHILDREN'S HOSPITAL INSURANCE LIMITED BLANKET ADDITIONAL INSURED ENDORSEMENT Section II. WHO IS AN INSURED of the HEALTHCARE GENERAL LIABILITY COVERAGE PART is amended by adding the following: R. Any person, organization, trustee or estate to whom you are obligated by written contract to provide insurance such as is afforded by this policy, but only with respect to: 1. liability arising out of operations conducted by you or on your behalf; or 2. facilities owned or used by you; And only to the extent that coverage is required by the written contract. Coverage afforded an additional insured pursuant to this endorsement shall in no event be broader than coverage afforded any other Insured under this policy. All other terms, conditions and exclusions of the policy remain unchanged. Signed By: Authorized Reps pntative Artex Risk Solutions (Bermuda) Ltd. As Managers HPL (5/07) 'N;j (Date) 100 of 491 ENDORSEMENT #3 This endorsement, effective July 1, 2018 forms a part of Policy No.: CHL1018-19 Issued to: RADY CHILDREN'S HOSPITAL AND HEALTH CENTER, ET AL By: CHILDREN'S HOSPITAL INSURANCE LIMITED ENDORSEMENT r BLANKET WAIVER OF SUBROGATION This endorsement modifies such insurance as is afforded by the Healthcare General Liability Coverage Part. Where required by written contract executed by you prior to a loss, we waive any right of recovery we may have against any person or organization, because of payments we make for injury or damage arising out of the Named Insured's operations. All other terms and conditions of this policy remain unchanged. Signed By: Authorized l eprds4ntative HPL (5/07) Artex Risk Solutions (Bermuda) Ltd. As Managers 101 of 491 RESOLUTION NO. 2019 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH RADY CHILDREN'S HOSPITAL — SAN DIEGO TO PROVIDE SUPPORT SERVICES FOR NATIONAL CITY'S SAFE ROUTES TO SCHOOL PROGRAM, INCREASING THE NOT -TO -EXCEED AMOUNT OF THE AGREEMENT BY $300,000, FOR A TOTAL AGREEMENT AMOUNT OF $600,000 AND EXTENDING THE TERM OF THE AGREEMENT TO FEBRUARY 15, 2022; AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT TO AGREEMENT WHEREAS, on February 16, 2016, the City Council adopted Resolution No. 2016-16, to enter into an Agreement with Rady Children's Hospital — San Diego to provide to provide support services for National City's Safe Routes to School (SRTS) Program, including but not limited to, health and safety education; incentive -based walk/bike to school activities; presentations and workshops at parent -teacher meetings and public events; coordination with National City Police Department for recruitment and training of volunteer safety patrols; focus groups, user surveys, evaluation and reporting to determine SRTS Program effectiveness; and public safety campaigns; and WHEREAS, the Agreement is for a not -to -exceed amount of $300,000 and a term of three years, with the option to extend for one additional three-year period; and WHEREAS, based on their performance and quality of work, staff recommends entering into a First Amendment to the Agreement with Rady Children's Hospital — San Diego to increase the not -to -exceed amount by $300,000, for a total Agreement amount of $600,000, and extend the term of the Agreement to February 15, 2022 to allow for continued support services for National City's SRTS Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves a First Amendment to the Agreement with Rady Children's Hospital — San Diego to increase the not -to -exceed amount by $300,000, for a total Agreement amount of $600,000, and extend the term of the Agreement to February 15, 2022 to allow for continued support services for National City's SRTS Program. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor to execute the First Agreement to the Agreement with Rady Children's Hospital — San Diego. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 22nd day of January, 2019. Alejandro Sotelo-Solis, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalia, City Clerk Angil P. Morris -Jones City Attorney 102 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 103 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City accepting and approving the recordation of a grant deed from Silvergate Plaza Investors, LLC for a Street Easement for a portion of Plaza Boulevard located at 1640 E. Plaza Boulevard (APN 557-410-20). (Engineering/Public Works) Please scroll down to view the backup material. 103 of 491 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 22, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City accepting and approving the recordation of a grant deed from Silvergate Plaza Investors, LLC for a Street Easement for a portion of Plaza Boulevard located at 1640 E. Plaza Boulevard (APN 557-410-20). PREPARED BY: Charles Nissley PHONE: 336-4396 EXPLANATION: Silvergate Plaza Investors, LLC is the owner of the property located at 1640 E. Plaza Boulevard in National City (APN 557-410-20). They are currently constructing a 77 unit apartment complex on site. In order to accommodate public improvements associated with the Plaza Boulevard Widening Project, Silvergate Plaza Investors, LLC have executed a Street Easement grant deed and are requesting that the City accept and record the grant deed. DEPARTMENT: Engineering & Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution accepting and approving the recordation of a grant deed from Silvergate Plaza Investors, LLC for a Street Easement for a portion of Plaza Boulevard located at 1640 E. Plaza Boulevard (APN 557-410-20). BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Grant Deed 2. Resolution 104 of 491 1 RECORDING REQUESTED BY mut AFTER RECORDING MAIL TO: City of National City 1243 National City Blvd. National City, Ca. 91950 SPACE ABOVE THIS LINE FOR RECORDER'S USE NO FEES DUB — FOR BENEFIT OF PUBLIC AGENCY APN 557 410 20 00 No documentary tax due R & T 11922 (amended) STREET EASEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Silvergate Plaza Investors,'°LLC, (Grantor), hereby grants to City of National City, (Grantee), a permanent and exclusive easement ("Easement") for street purposes over, under and upon the land located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "Jr attached hereto and made a part hereof. Said Easement includes the right of ingress and egress for purposes of constructing a public street and appurtenances, together with the right to construct, operate, maintain, repair and replace said street and appurtenances. All references herein to Grantor and Grantee shall refer to and be binding upon their respective personal representatives, successors and assigns, specifically including any successor -in -interest to Grantor in ownership of fee title to the Easement Land and Servient Tenement, IN WITNESS WEREOF, Grantor has executed this Grant of Easement as of this It day of t`� "+ttQi(4.„, 2018. GRANTOR: Silverga Date: ( G By: Print Name: Date: .A notarypulitte orolherofficercompletingthiscertificateverifiesantytheIdentityof the Individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, ervafldityoflhal document. Stale o1Califomla Comity ol rjQv V1 ''* }ss. Cu tk.Gcm1s ' `y? befameme, . •. .i� w ' z `+ V ... ;. tuNetwyPubla, personalty ;pp it av% t tl who.prov d to nia onto Musts of satisfactory evidence to be the person(s,N whose gore suhsciibed�ta the Ain Instrument end acknowledged to me that 'yy executod Iho sane In Jt herfthetr authorised capacity(tes), and that by herdhefr algae ur* en the Instnrmeni the parsenlb}, or the entity upon behalf of wN the ppeerraan'aj acted, executed the instrument. I certify under PENALTY OF PERJURY tindery re laws of the State of California that the foregoing paragraph Is true nnrlcorrect, WiTNi:SSmyhandandalficloiseal. laza vestars, LLC 1 Thof M . Crux.. By: Print Name: It,s: ,JAZMIN PAT Na VEI.AZQUEU GOMM #2247201 i NQtARY PUBLIC • GALtFORN1A WR s•. i rk Llt'sGflCilUNt'Y arrdniasfor! � i fo& June Z2 fiQZ2 SAf+lti 105 of 491 EXHYBI1 1 A' PERMANENT ACQUISITION APN 557-410-20 THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 13257, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 8, 1984 AS FILE NO. 84-170925 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP5 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 17°35'27" EAST 285.74 FEET FROM A BRASS DISK STAMPED CP6 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 86°49'39" EAST 327.87 FEET TO A POINT IN THE WESTERLY LINE OF SAID PARCEL 1, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID WESTERLY LINE NORTH 17°44'14" WEST 10.34 FEET TO THE NORTHWEST CORNER OF SAID PARCEL. 1, SAID POINT BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVARD•, 2. THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 1 SOUTH 74°45''11" EAST (SOUTH 75°43'04" EAST PER SAID PARCEL MAP) 29.18 FEET TO THE BEGINNING OF A TANGENT 540.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; 3. THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3°09'38" A DISTANCE OF 29.79 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1; 4. THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1 SOUTH 17°41'47" EAST 7.45 FEET TO THE BEGINNING OF A NON -TANGENT 612.20-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 9° 19'30" WEST; 5. THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5°22`51" A DISTANCE OF 57.49 FEET TO THE TRUE POINT OF BEGINNING. AREA W 0.010 ACRES, MORE OR LESS. UI E RCE 27648 106 of 491 r4cPG 1 Zas rn ROB. N 86'49'39" E CP5 LEGEND T.P,O.B. P.O.B. A PM PAR 2 REVISED BY: DRAWN 8Y: KA CI {ECKED aY: MA APPROVED 13Y; 327.07 y;EXHIBIT "B" S 14"42'21" W(R) Sa, IkdoP 1� APIt �. '•' vgii T.P.0 B. a; PERM, ACQ. AND TCE PERMANENT, ACQUISITION AREA = 0.010 ACRES TEMPORARY CONSTRUCTION EASEMENT (TOE) AREA = 0.013 ACRES TRUE POINT O' BEGINNING POINT OF BEGINNING CONTROL POINT PER RCS 17515 10267 DRAINAGE EASEMENT .,.--- PER PM 13257 27' DRIVEWAY EASEMENT REC. 1/14/85 AS FILE NO. 85-011421 O.R. DATE: DATE: 4-16-08 DATE: 5-22-08 DATE: PAR 1 557•-410-20 11.20' S 17'41'474 E 7,10` SEWER EASEMENT PER PM 13257 FOR NW l4 Or W 1/2 LOT 2 IN cUAFiTs R SEC, 129 0r H1-1O, DE LA NACJON MAP NO. les. TABULATE) CURD DATA CURVE DELTA RADIUS LENGTH C1 3109'38- 540,00' 612.2r 29.79' 57,49'^ C2 5'22'51" C3 515'57" 622.20' 57,18' NA110NAL CITY PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557' 410-20 COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY SCALE 1' 50' DOC. NO. DWG, NO. 107 of 491 RESOLUTION NO. 2019 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING AND APPROVING THE RECORDATION OF A GRANT DEED FROM SILVERGATE PLAZA INVESTORS, LLC, FOR A STREET EASEMENT FOR A PORTION OF PLAZA BOULEVARD LOCATED AT 1640 EAST PLAZA BOULEVARD (APN 557-410-20) WHEREAS, Silvergate Plaza Investors, LLC, is currently constructing a 77-unit apartment complex on the property they own located at 1640 East Plaza Boulevard in National City (APN 557-410-20); and WHEREAS, to accommodate public improvements associated with the Plaza Boulevard Widening Project, Silvergate Plaza investors, LLC, have executed a Street Easement grant deed, and are requesting that the City accept and record the grant deed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts a Grant Deed for a street easement from Silvergate Plaza Investors, LLC, to allow for construction of a 77-unit apartment complex on the property they own located at 1640 East Plaza Boulevard in National City. PASSED and ADOPTED this 22nd day of January, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. DaIla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 108 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 109 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City adopting an updated Quality Assurance Program (QAP) that provides sampling and testing procedures to ensure that materials incorporated into construction projects are in conformance with the contract specifications and Caltrans requirements for federal -aid projects. (Engineering/Public Works) Please scroll down to view the backup material. 109 of 491 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 22, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City adopting an updated Quality Assurance Program (QAP) that provides sampling and testing procedures to ensure that materials incorporated into construction projects are in conformance with the contract specifications and Caltrans requirements for federal -aid projects. PREPARED BY: Jose Lopez, P.E., Associate Engineer DEPARTMENT: Engineering/Public Works PHONE: 619-336-4312 APPROVED BY: EXPLANATION: Caltrans requires that all agencies receiving Federal -Aid funds through transportation grant programs adopt a Quality Assurance Program (QAP), and update the plan at least once every five years. The City last adopted a QAP on February 4, 2014, per Resolution No. 2014-13. Currently, the Engineering Division includes quality assurance procedures for materials sampling and testing as part of the contract specifications for individual capital improvement projects. The attached QAP summarizes these procedures and also includes forms and procedures established by Caltrans as part of their "Quality Assurance Program (QAP) Manual for Use by Local Agencies" to ensure compliance with the latest Federal and State requirements. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Quality Assurance Program 11 fl of 41:11 1 QUALITY ASSURANCE PROGRAM (QAP) CITY OF NATIONAL CITY The purpose of this program is to provide assurance that the materials incorporated into the construction projects are in conformance with the contract specifications. This program should be updated every five years or more frequent if there are changes of the testing frequencies or to the tests themselves. To accomplish this purpose, the following terms and definitions will be used: DEFINITION OF TERMS • Acceptance Testing (AD — Sampling and testing, or inspection, to determine the degree of compliance with contract requirements. • Independent Assurance Program (IAP) — Verification that AT is being performed correctly by qualified testers and laboratories. • Quality Assurance Program (OAP) — A sampling and testing program that will provide assurance that the materials and workmanship incorporated into the construction project are in conformance with the contract specifications. The main elements of a QAP are the AT, and IAP. • Source Inspection — AT of manufactured and prefabricated materials at locations other than th6 job site, generally at the manufactured location. • QAP Manual --- Quality Assurance Program Manual for local agencies which provides quality assurance guidelines for materials used in Federal Aid Projects. MATERIALS LABORATORY The City of National City will use a private consultant materials laboratory to perform AT on Federal -aid and other designated projects. The materials laboratory shall be under the responsible management of a California registered Engineer with experience in sampling, inspection and testing of construction materials. The Engineer shall certify the results of all tests performed by laboratory personnel under the Engineer's supervision. The materials laboratory shall contain certified test equipment capable of performing the tests conforming to the provisions of this QAP. The materials laboratory used shall provide documentation that the laboratory complies with the following procedures: 1. Correlation Testing Program — The materials laboratory shall be a participant in one or more of the following testing programs: a. AASHTO Materials Reference Laboratory (AMRL) b. Cement and Concrete Reference Laboratory (CCRL) c. Caltrans' Reference Samples Program (RSP) Updated January 2019 111 of 491 2. Certification of Personnel — The materials laboratory shall employ personnel who are certified by one or more of the following: a. Caltrans District Materials Engineer b. Nationally recognized non-Caltrans organizations such as the American Concrete Institute, Asphalt, National Institute of Certification of Engineering Technologies, etc. c. Other recognized organizations approved by the State of California and/or Recognized by local governments or private associations. 3. Laboratory and Testing Equipment — The materials laboratory shall only use laboratory and testing equipment that is in good working order. All such equipment shall be calibrated at least once each year. All testing equipment must be calibrated by impartial means using devices of accuracy traceable to the National Institute of Standards and Technology. A decal shall be firmly affixed to each piece of equipment showing the date of the last calibration. All testing equipment calibration decals shall be checked as part of the IAP. ACCEPTANCE TESTING (AT) AT will be performed by a materials laboratory certified to perform the required tests. The tests results will be used to ensure that all materials incorporated into the project are in compliance with the contract specifications, Testing methods will be in accordance with the California Test (CT) Methods or a national recognized standard (i.e., AASHTO, ASTM, etc.) as specified in the contract specifications. Sample locations and frequencies may be in accordance with the contract specifications. If not so specified in the contract specifications, samples shall be taken at the locations and frequencies as shown in Attachment #1, Appendix D, "Acceptance Sampling and Testing Frequencies" of the QAP Manual. INDEPENDENT ASSURANCE PROGRAM (IAP) IAP shall be provided by personnel from Caltrans, the Agency's certified materials laboratory, or consultant's certified materials laboratory. IAP will be used to verify that sampling and testing procedures are being performed properly and that all testing equipment is in good condition and properly calibrated. IAP personnel shall be familiar with all required testing procedures, as part of IAP, and shall not be involved in any aspect of AT. IAP shall be performed on every type of materials test required for the project. Proficiency tests shall be performed on Sieve Analysis, Sand Equivalent, and Cleanness Value tests. All other types of IAP shall be witness tests. Poor correlation between acceptance tester's results and other test results may indicate probable deficiencies with the acceptance sampling and testing procedures. In cases of unresolved discrepancies, a complete review of AT shall be performed by IAP personnel, or an independent materials laboratory chosen by the Agency. IAP samples and tests are not to be used for Updated January 2019 112 of 491 determining compliance with contract requirements. Compliance with contract requirements is determined only by AT. REPORTING ACCEPTANCE TESTING RESULTS The following are time periods for reporting material test results to the City: • When the aggregate is sampled at material plants, test results for Sieve Analysis, Sand Equivalent and Cleanness Value should be submitted to the Project Engineer within 24 hours after sampling. • When materials are sampled at the job site, test results for compaction and maximum density should be submitted to the Project Engineer within 24 hours after sampling. • When soils and aggregates are sampled at the job site: (1.) Test results for Sieve Analysis, Sand Equivalent and Cleanness Value should be submitted to the Project Engineer within 72 hours after sampling. (2.) Test results for "R" VaIue and asphalt concrete extraction should be submitted to the Project Engineer within 96 hours alter sampling. When sampling products such as Portland Cement Concrete (PCC), cement -treated base (CTB), hot mix asphalt (HMA), and other such materials; the time of such sampling shall be varied with respect to the time of the day insofar as possible, in order to avoid a predictable sampling routine. The reporting of AT results, if not performed by the agency staff, shall be done on an expedited basis such as by email, fax or telephone. TESTING OF MANUFACTURED MATERIALS During the Design phase of the project, the Project Engineer may submit a "Source Inspection Request" see Attachment #2, Exhibit 16-V of the Local Assistance Procedure Manual (LAPM), to the Agency, consultant, or Caltrans for inspection and testing of manufactured and prefabricated materials by their materials laboratory. A list of materials that can be typically accepted on the basis of certificates of compliance during construction is found in Attachment #3, Appendix F of the QAP Manual. All certificates of compliance shall conform to the requirements of the contract specifications, for examples see Attachment #4, Appendix J of the QAP Manual. Should the Agency request Caltrans to conduct the source inspection, and the request is accepted, all sampling, testing, and acceptance of manufactured and prefabricated materials will be performed by Caltrans' Office of Materials Engineering and Testing Services. For Federal -aid projects on the National Highway System (NHS), Caltrans will assist in certifying the materials laboratory, and the acceptance samplers and testers. For Federal -aid projects off the NHS, Caltrans may be able to assist in certifying the materials laboratory, and the acceptance samplers and testers. PROJECT CERTIFICATION Upon completion of a Federal -aid project, a "Materials Certificate" shall be completed by the Project Engineer. The Agency shall include a "Materials Certificate" in the Report of Expenditures submitted to the Caltrans District Director, Attention: District Local Assistance Engineer. A copy of the "Materials Certificate" shall also be included in the Agency's Updated January 2019 113 of 491 construction records. The Project Engineer in charge of the construction function for the Agency shall sign the certificate. All materials incorporated into the work which did not conform to specifications must be explained and justified on the "Materials Certification", including changes by virtue of contract change orders. See Attachment #5 for an example, Appendix K of the QAP Manual. RECORDS All material records of samples and tests, material releases and certificates of compliance for the construction project shall be incorporated into the Project Engineer's project file. If a Federal -aid project: • The files shall be organized as described in Section 16.8 "Project Files" of the Local Assistance Procedures Manual. • It is recommended that the complete project file be available at a single location for inspection by Caltrans and Federal Highway Administration (FHWA) personnel. • The project files shall be available for at least three years following the date of final project voucher. • The use of a "Log Summary," as shown in Appendix H of the QAP Manual, facilitates reviews of material sampling and testing by Caltrans and FHWA, and assists the Project Engineer in tracking the frequency of testing. When two or more projects are being furnished identical materials simultaneously from the same plant, it is not necessary to take separate samples or perform separate tests for each project; however, copies of the test reports are to be provided for each of the projects to complete the records. APPROVED BY. (Signature) (CE# and Expiration Date) NAME: DATE. TITLE: City: Attachments #1 Acceptance Sampling and Testing Frequencies Attachments #2 Source Inspection Request, Exhibit 16-V of the LAPM Attachments #3 Appendix F of the QAP Manual Attachments #4 Appendix J of the QAP Manual Attachments #5 Appendix K of the QAP Manual Updated January 2019 114 of 491 Attachment # 1 Acceptance Sampling and Testing Frequencies 115 of 491 Appendix D - Acceptance Sampling and Testing Frequencies Note: It may be desirable to sample and store some materials. If warranted, testing can be performed at a later date. Portland Cement (Hydraulic Cement) Materials to be Sampled or Tested Sample Size Sampling/Testing Frequency Typical Test Methods Description or Comments Cement/fly ash (Sampling only) 8-Ib. sample If possible, take a least one sample per job, even'if the material is accepted based on a Certificate of Compliance. ASTM D75, C494 CT 125 AASHTO T127, M85, M295 Standard for sampling hydraulic cement or fly ash. Cement (Testing Only) 8-Ib. sample If the product is accepted based on a Certificate of Compliance, testing is not required. if the product is not accepted using a Certificate of Compliance, test at least once per job. ASTM C109 CT 515 AASHTO T106 If testing appears warranted, fabricate six 2-in. mortar cubes using the Portland (or hydraulic cement). Test for compressive strength. Portland Cement Concrete (Hydraulic Cement Concrete) Materials to be Sampled or Tested Sample Size Sampling/Testing Frequency Typical Test Methods Description or Comments Aggregate for Hydrau- lic Cement Concrete (Sampling & Testing) 50-Ib. sample Take one aggregate sample for each 1000 cu. yd. of PCC/HCC concrete. Test at least one sample per job. ASTM D75 CT 125 AASHTO M6. T2, M80 Sample aggregate from belt or hopper ( random basis). Water (Sampling & Testing) Take a two -quart sample using a clean plastic jug (with lining) and sealed lid. Sample at the point of use. if the water is clean with no record of chlorides or sulfates greater than 1%, no testing is required. If the water is dirty do not use it. Test only when the chloride or sulfates are suspected to be greater than I " /ii. CT 405, CT 422, CT 417 AASHTO R23 if testing appears warranted, test fi- chlorides and sulfates. i� Appendix D (continued) Portland Cement Concrete (Hydraulic Cement Concrete) — Continued Materials to be Sampled or Tested Sample Size Sampling/Testing Frequency Typical Test Methods Description of Comments Air Entraining Admixtures (Sampling & Testing) Take a one -quart sample using a clean, lined can or plastic bottle, if liquid. If powder, take a 2.5 Ib. sample. If the product is accepted based on a Certificate of Compliance, testing is not required. Take one sample per job. Prior to sampling, check with Caltrans (METS) for acceptable brands and dosage rates. ASTM C233 AASHTO M154, T157, C260 If testing appears warranted, test for sulfates and chlorides Admixtures with sulfates and chlorides greater than 1% should not be used. Water Reducers or Set Retarders (Sampling & Testing) If liquid, take a 1-qt. sample using a clean plastic can. If powder, take a 2.5 lb. sample. If the product is accepted based on a Certificate of Compliance, no testing is required. If not, test once per job. Prior to using this product, please check with Caltrans (METS) for acceptable brands and dosage rates. ASTM C494 AASHTO M194 If testing appears warranted, test for sulfates and chlorides. Admixtures with sulfates and chlorides greater than 1% should not be used. Freshly -Mixed Concrete (Sampling) Approx. 1501b. (or 1 cu. ft.) near mixer discharge. When tests are required, take at least one sample for each 500 to 1000 cu. yd. of PCC/HCC. ASTM C172, C685 CT 539 AASI-ITO T141, M157 This describes a method to sample freshly -mixed concrete. Freshly -Mixed Concrete (Testing) Approx. 150 lb/ (or 1 cu. ft.) near mixer discharge. On projects with 500 cu. yd., or more, test at least one sample per job. ASTM C143 AASHTO T119 This test determines the slump of the freshly -mixed concrete. Freshly -Mixed Concrete (Testing) Approx. 150 lb/ (or 1 cu. ft.) near mixer discharge On projects with 500 cu. yd., or more. te;t at least one sample per job. ASTM C360 CT 533 This test determines the ball penetration of the freshly -mixed concrete. Freshly -Mixed Concrete (Testing) Approx. 150 lb/ (or 1 cu. ft.) near mixer discharge On projects with 500 cu. yd., or more, test at least one sample per job. ASTM C231 CT 504 AASHTO T152 This test determines the air content of freshly -mixed concrete (pressure method). Freshly -Mixed Concrete (Testing) Approx. 150 lb/ (or 1 cu. ft.) near mixer discharge On projects with 500 cu. yd., or more, test at Least one sample per job. ASTM C138 CT 518 AASHTO T121 This test determines the unit weight of freshly mixed concrete. Appendix D (continued) Portland Cement Concrete (hydraulic Cement Concrete) — Continued Materials to be Sampled or Tested Sample Size Sampling/Testing Frequency Typical Test Methods Description or Comments Freshly -Mixed Concrete (Testing) Approx. 150 lb/ (or 1 cu. ft.) near mixer discharge Fabricate at least two concrete cylinders per project. Test for compressive strength at least once for each 500 to 1,000 cu_ ydl of structural concrete. ASTM C39 CT 521 AASHTO T22 This test is used to fabricate 6" x 12" concrete cylinders. Compressive strengths are determined, when needed. Freshly -Mixed Concrete (Testing) Approximately 210 Ib. of concrete are needed to fabricate three concrete beams. One sample set for every 500 to 1,000 cu. yd. of concrete. ASTM C78 CT 31 AASHTO T97 & T23 This test is used to determine the flexural strength of simple concrete beams in third -point loading Soils and Aggregates Materials to be Sampled or Tested Sample Size Sampling/Testing Frequency Typical Test Methods Description or Comments Aggregate (Sampling) One 50-1b. sample Take one sample for every 500 to 1,000 tons of materials. Test at least one sample per project. ASTM D75 CT 125 AASITTO T2 This test describes the procedures to sample aggregate from the belt or hopper (random basis). Fine Aggregates (Testing) One 50-Ib. sample Take one sample for every 500 to 1,000 tons of materials. Test at least one sample per project. ASTM C128 CT 208 AASHTO T84 This test determines the apparent specific gravity of fine aggregates for bituminous mixes, cement treated bases and aggregate bases. Fine Aggregate (Testing) One 50-ib. sample Take one sample for every 500 to 1,000 tons of materials. Test at least one sample per project. ASTM C128 CT 207 AASHTO T84 This test determines the bulk specific gravity (SSD) and the absorption of material passing the No. 4 sieve. Coarse Aggregate (Testing) One 50-Ib. sample Take one sample for every 500 to 1,000 i tons of materials. Test at least one sample per project. CT 206 This test determines the cleanness of coarse aggregate. hip Appendix D (continued) Soils and Aggregates - Continued Materials to be Sampled or Tested Sample Size Sampling/Testing Frequency Typical Test Methods Description or Comments Coarse Aggre- gate (Testing) One 50-Ib. sample Take one sample for every 500 to 1,000 tons of materials. Test at least one sample per project. ASTM C127 CT 227 AASHTO T85 This test determines the specific gravity and absorption of coarse aggregate (material retained on the No. 4 sieve). Soils and Aggregates (Testing) One 50-Ib. sample Take one sample for every 500 to 1,000 tons of materials. Test at least one sample per project. ASTM C136 CT 202 AASHTO T27 This test determines the gradation of soils and aggregates by sieve analysis. Soils and Aggregates (Testing) One 50-1b. sample Take one sample for every 500 to 1,000 tons of materials. Test at least one sample per project. ASTM D2419 CT 217 AASHTO T176 This test determines the Sand Equiva- lent of soils and aggregates. Soils and Aggregates (Testing) One 50-Ib. sample Take one sample for every 500 to 1,000 i tons of materials. Test at least one sample per project. ASTM CI 17 AASHTO T11 This test determines the gradation for materials finer that the No. 200 sieve (by washing method). Soils and Aggregates (Testing) One 50-Ib. sample Take one sample for every 500 to 1,000 tons of materials. Test at least one sample per project. ASTM D3744 CT 229 AASHTO T210 This test determines the Durability Index of soils and aggregates. Soils and Aggregates (Testing) One 50-Ib. sample Take one sample for every 500 to 1,000 tons of materials. Test at least one sample per project. ASTM D2844 CT 301 AASHTO T190 This test determines the Resistance Value (R-) and expansion pressure of compacted materials. Soils and Aggregates (Testing) One random location for every 2,500 sq. II. Take one sample for every 500 to 1,000 tons of materials. Test at least one sample per project. ASTM D2922 CT 231 AASHTO T238 This test determines field densities using the nuclear gage. Soils and Aggregates (Testing) One random location for every 2,500 sq. ft. Take one sample for every 500 to 1,000 tons of materials. Test at least one sample per project. ASTM D3017 CT 231 AASHTO T239 This test determines the water content using the nuclear gage. hip ty y 0 0 0 a 0 SD 0 CD CD 0 0 0 co 0 CA C7 CD 0 0 0- 5' cra Appendix D (continued) Asphalt Binder Materials to be Sampled or Tested Sample Size Sampling/Testing Frequency 1 Typical Test I Methods Description or Comments Asphalt Binder (Sampling) One 0.5-gal. sample placed in a clean, sealed can. Sample once per job at the asphalt concrete plant. CT 125 ASTM D 979 AASIITO T 168, T48 This procedure describes the proper method to sample the asphalt binder. Asphalt Binder (Testing) One 0.5-gal. sample placed in a clean, sealed can. Sample once per job at the asphalt concrete plant. ASTM D92, D117 AASHTO T 48 This test determines the flash point of the asphalt binder (by Cleveland open cup). Asphalt Binder (Testing) One 0.5-gal. sample placed in a clean, sealed can. Obtain one sample at the asphalt concrete plant for each 1,000 tons of asphalt concrete placed. ASTM D2872 & D92 CT 346 AASFITO T240 &T48 This test determines the rolling thin-film oven test (RTFO). Asphalt Binder (Testing) One 0.5-gal. sample placed in a clean, sealed can. Obtain one sample at the asphalt concrete plant for each 1,000 tons of asphalt concrete placed. ASTM D2042 AASHTO T44 This test determines the solubility of asphalt material in trichloroethylene. Asphalt Binder (Testing) One 0.5-gal. sample placed in a clean, sealed can. Obtain one sample at the asphalt concrete plant for each 1,000 tons of asphalt concrete placed. ' ASTM D2171 AASHTO T202 This test determines the dynamic viscosity, (absolute viscosity of asphalt @ 140 degrees F by the Vacuum Capillary Viscometer Poises). Asphalt Binder (Testing) One 0.5-gal. sample placed in a clean, sealed can. Obtain one sample at the asphalt concrete plant for each 1,000 tons of asphalt concrete placed. , ASTM D5 AASHTO T49 This test determines the penetration of bitu- minous material cr 77 degrees F and per - tentage of original penetration from the residue. Asphalt Binder (Testing) One 0.5-gal. sample placed in a clean, sealed can. Obtain one sample at the asphalt concrete plant for each 1,000 tons of asphalt concrete placed. ASTM D113 AASHTO T51 This test determines the ductility of asphalt @ 77 degrees F. Asphalt Binder (Testing) One 0.5-gal. sample placed in a clean, sealed can. Obtain one sample at the asphalt concrete plant for each 1,000 tons of' asphalt concrete placed. ASTM D2170 AASHTO T201 This test determines the kinematic viscosity of asphalt @275 degrees F (Centistoke). sip .007 • O C - w a G n co oCA EA .� SD O rn • o G � w � 0 --a 0 o • c :nre H cr d nn o 43'0 as w 0 FD • 0. co o.aa iv N CO f-+ Appendix D (continued) Asphalt Binder - Continued Materials to be Sampled or Tested Sample Size Sampling/Testing Frequency Typical Test Methods Description or Comments Asphalt Binder (Testing) One 0.5-gal. sample placed in a clean, sealed can. Obtain one sample at the asphalt concrete plant for each 1,000 tons of asphalt concrete placed. ASTM D2171 AASHTO T202 This test determines the dynamic viscosity. (absolute viscosity of asphalt @ 140 degrees F by the Vacuum Capillary Viscometer Poises). Asphalt Binder (Testing) One 0.5-gal. sample placed in a clean, sealed can. Obtain one sample at the asphalt concrete plant for each 1,000 tons of asphalt concrete placed. ASTM D36 AASHTO T53 This test determines the softening point of asphalt. Asphalt Emulsified Materials to be Sampled or Tested Sample Size Sampling/Testing Frequency Typical Test Methods Description or Comments Emulsified Asphalt (Sampling) One 0.5-gal. sample placed in a clean, sealed can. Obtain one sample at the asphalt concrete plant for each 1,000 tons of asphalt concrete placed. ASTM D140, D979 CT 125 AASHTO T 40, T168 This test describes the procedure to sample the emulsified asphalt. Emulsified Asphalt (Testing) One 0.5-gal. sample placed in a clean, sealed can. Obtain one sample at the asphalt concrete plant for each 1,000 tons of asphalt concrete placed. ASTM D244 AASHTO T59 This test determines the sieve retention of emulsified asphalt. Emulsified Asphalt (Testing) One 0.5-gal. sample placed in a clean, sealed can. Obtain one sample at the asphalt concrete plant for each 1,000 tons of asphalt concrete placed. ASTM D244 AASHTO T59 This test determines the weight per gallon of emulsified asphalt. Emulsified Asphalt (Testing) One 0.5-gal. sample placed in a clean, sealed can. Obtain one sample at the asphalt concrete plant for each 1,000 tons of asphalt concrete placed. ASTM D244 AASHTO T59 This test determines the penetration of the emulsified asphalt. Emulsified Asphalt (Testing) One 0.5-gal. sample placed in a clean, sealed can. Obtain one sample at the asphalt concrete plant for each 1,000 tons of asphalt concrete placed. ASTM D244 CT 330 AASHTO T59 This test determines the residue @ 325 degrees F evaporation of emulsified asphalt. rio Ad z 90 r o co w c� ?;" o V E. 70 1 B � 0 0ti o 0- a cn n o tD w o ,0 crq R o n a cn co 70 0- A7 N O 0 r 1 Appendix D (continued) Asphalt Emulsified - Continued Materials to be Sampled or Tested Sample Size Sampling/Testing Frequency Typical Test Methods Description or Comments Emulsified Asphalt (Testing) One 0.5-gal. sample placed in a clean, sealed can. Obtain one sample at the asphalt concrete plant for each 1,000 tons of asphalt concrete placed. ASTM D4402 AASHTO T201 This test determines the Brookfield viscosity. Emulsified Asphalt (Testing) One 0.5-gal. sample placed in a clean, sealed can. Obtain one sample at the asphalt concrete plant for each 1,000 tons of asphalt concrete placed. ASTM D88 AASHTO T72 This test determines the Saybolt- Furol viscosity of emulsified asphalt @ 77 degrees F (seconds). Hot Mix Asphalt (Asphalt Concrete) — Concrete Materials to be Sampled or Tested Sample Size Sampling/Testing Frequency Typical Test Methods Description or Comments Asphalt Concrete (Sampling) Obtain one 30-Ib. sample each day of production Obtain one sample at the asphalt concrete plant for each 5,000 tons of asphalt concrete placed. ASTM D75, D140, D979 CT 125 AASHTO T 40, T168 This test describes the procedure to sample the asphalt concrete. Asphalt Concrete (Testing) 4" x 8" cores Take one 4" x 8" core for every 500 ft of paved roadway. ASTM D1188, D1560, D1561, D5361 CT 304 AASHTO T246, T247 This test determines the field density of street samples. Asphalt Concrete (Testing) Obtain one 30-1b. sample for each day of production Obtain one sample for every five cores taken. ASTM D1188, D1560, D1561, D5361 CT 304 AASHTO T246, T247 This test determines the laboratory density and relative compaction of asphalt concrete. Asphalt Concrete (Testing) 4" x 8" cores Obtain one sample for every live cores taken. ASTM D2726, D1188, D5361 This lest determines the specific gravity of compacted bituminous mixture dense- graded or non -absorptive. rip a3oad Dolman 1sIssy 1E301 104 o /30 O 1!; c' d w o o - ▪ CD o cr o - 0 0 w Y OA � w a. CCD 00 a. ;I A(- Appendix D (continued) Hot Mix Asphalt (Asphalt Concrete) —Continued Materials to be Sampled or Tested Sample Size Sampling/Testing Frequency Typical Test Methods Description or Comments Asphalt Concrete (Testing) One 30-Ib sample Obtain one sample for every 1,000 tons of asphalt concrete. ASTM D1559 AASHTO T245 This test determines the resistance to plastic flow of prepared mixes as determined by the Marshall Method. Asphalt Concrete (Testing) One 30-1b sample Obtain one sample for every 1,000 tons of asphalt concrete. r ASTM C117, D2172 (use Method B) AASI-ITO T164 This test determines the screen analysis of aggregates recovered from asphalt materials. Geotextile Fabric (Placed Under the Asphalt Con- crete) (Testing) One 12 it x 3 ft. sample Obtain one sample per job. ASTM D4632 ' AASHTO M288 This test determines the weight per sq. yd. and grabs strength of geotextile fabrics. Asphalt Concrete (Testing) Sample any test location (random basis) Obtain one sample for every 1,000 tons of asphalt concrete. ASTM D2950 CT 375 This test detennines the nuclear field density of in -place asphalt concrete. Asphalt Concrete (Testing) One 10-lb sample Obtain one sample during every day of production. ASTM D1560, D1561 CT 366 AASHTO T246, T247 This test determines the stability value of asphalt concrete. Slurry Seals (Sample) One 0.5 gal. sample in a clean, dry plastic container. Obtain one sample per truck ASTM D979 CT 125 AASHTO T 40, T168 This test describes the procedure for sampling the slurry seal. Aggregate for Slurry Seals (Testing) One 30-Ib. sample. Obtain at least one sample per project from the belt or hopper or stockpile and test for Sand Equivalent ASTM D2419 CT217 AASHTO T176 This test determines the Sand Equivalent of aggregates. Appendix D (continued) Slurry Seals Materials to be Sampled or Tested Sample Size Sampling/Testing Frequency Typical Test Methods Description or Comments Aggregate for Slurry Seals (Testing) One 30-1b. sample. Obtain at least one sample per project from the belt, hopper, or stockpile and test for sieve analysis of fine sand. ASTM C117 AASHTO T11 This test determines the sieve analysis of fine sand (gradation of materials finer than No. 200 sieve by wash grading). Slurry Seals (Testing) One 0.5 gal. sample in a clean, dry plas- tic container. Test one sample per project and test for Abrasion. ASTM D3910 This test determines the Wet Track Abrasion Test (2) (WTAT). Steel Materials to be Sampled or Tested Sample Size Sampling/Testing Frequency Typical Test Methods Description or Comments Steel Strand (Testing) Sample strand at various sizes. This item may be accepted using a Certificate of Compliance. Sample and test at least two steel strands per job when a Certificate of Compliance! is not used. I ASTM A370, A416, E328 AASHTO T244 This test determines the tensile strength of uncoated seven -wire stress -relieved strand for pre - stressed concrete. Steel Rebar (Testing) Sample rebar at various sizes. This item may be accepted using a Certificate of I Compliance. Sample and test at least two steel rebar per job when a Certificate of Compliance is not used. ASTM A615, A370 AASHTO T244 This test determines the steel reinforcement bar tensile strength and bend capability. = ( o 43 r � P r c b a 0 0 o Q S Co y cr d ; CD Yco CD ° a• 0.. en w CD CD MI a ti Attachment #2 Source Inspection Request, Exhibit 16-V of the Local Assistance Procedure Manual (LAPM) 125 of 491 Local Assistance Procedures Manual EXHIBIT 16-V Source Inspection Request to DLAE SAMPLE COVER MEMO SOURCE INSPECTION REQUEST FROM LOCAL AGENCY TO CALTRANS' DISTRICT LOCAL ASSISTANCE ENGINEER (Prepared By Applicant On Applicant Letterhead) To: (name) Caltrans' District Local Assistance Engineer Caltrans' Local Assistance Office (district office address) Date: Federal -aid Project Number: (if one has been assigned) Project Description: Project Location: Subject: (Source Inspection for Project Name, County) We are requesting that Caltrans provide Source Inspection (reimbursed) services for the above mentioned project. We understand we are responsible for paying for this service provided for by the State. Listed below are the materials for which we are requesting Caltrans' Source Inspection (reimbursed) services. Materials that will require source inspection: Justification for request: (Based on the requirements in Section 16.14 under "Source Inspection") Any question you might have about the above materials should be directed to: , at (phone #) Approved: (Applicant Representative Name) District Local Assistance Engineer (Title) (Date) (Local agency, name & address) Page 16-109 February 11 1o4S 126 of 491 Attachment #3 Appendix F of the QAP Manual 127 of 491 Division of Local Assistance, Office of Procedures Development and Training am., Quality Assurance Program (QAP) Manual for Use by Local Agencies Revised January 20. 2011 �� .1 Appendix F - Construction Materials Accepted by a Certificate of Compliance * Soil Amendment Fiber Mulch Stabilizing Emulsion Plastic Pipe Lime Reinforcing Steel Structural Timber and Lumber Treated Timber and Lumber Timber and Lumber Culvert and Drainage Pipe Joints Reinforced Concrete Pipe Corrugated Steel Pipe and Corrugated Steel Pipe Arches Structural Metal Plate Pipe Arches and Pipe Arches Perforated Steel Pipe Polyvinyl Chloride Pipe and Polyethylene Tubing Steel Entrance Tapers, Pipe Down drains, Reducers, Coupling Bands and Slip Joints Aluminum -Pipe -(Entrance Tapers, -Arches, -Pipe -Down-drains,Reducers, CouplingBands and -S- Slip Joints) Metal Target Plates Electrical Conductors Portland Cement Minor Concrete Waterstop * If Caltrans Standard Specifications May 2006 is part of contract specifications. Note: Usually these items are inspected at the site of manufacture or fabrication and reinspected after delivery to the job site. 128 of 491 Attachment #4 Appendix J of the QAP Manual 129 of 491 Division of Local Assistance. Office of Procedures Development and Training GIs Quality Assurance Program (OAP) Manual for Use by Local Agencies Revised January 20, 2011 Appendix J.1 - Example of a Vendor's Certificate of Compliance No. 583408 STATE OF CALJFORNIA - DEPARTMENT OF TRANSPORTATION VENDOR'S CERTIFICATE OF COMPLIANCE MR-0543 (REV. 5/93) OCT-7541.6020-2 0 PRECAST CONCRETE PRODUCTS OR [ ' SdU.YD W4LL TO: 15/L L sYA/,16"--R .P,E.sY,,M" rr ��VE /.cJ E — e/T Y OF' FG ,4TL %7,V1 We candy Mal the perdand camera, chemical ere manes! aemtrTvres contained N um immortal desc *e! &Mow are Osiers staled and comply wan apadfcwllons tot: CONTRACT NUMBER: CEMENT BRAND MLL LOCATION )SYZ CEMEnir CO_ M4°444/D) TYPE .yr ' fir/ CHEMICAL ADMIXTURE I. BRAND MANUFACTURER Arc /9vrliXTa� X TYPE Yz SUPPL /Er yl4-TER 2. BRAVO✓ MANUFACTURER TYPE CI-ECK UCf lF A ChEiJCAL AOLaXTIRE WAS NOT USES MINERAL ADMIXTURE MANUFACTURER CLASS PC, z2 . //VC . CI CHECK BOX IF A MINERAL AOAJxf{T£ WJ-S NJr USED CEINERY DATE fReadY,armier 7/ /e3 DATES OF FABRICATION (Pnml) LIST PRODUCTS TO WHICH CERTIFICATE APPLIES. ISho-..f:oand li. h dpeaa Hc, delivery SI 1 euniwn )w nudy-mrr.) MANUFACTURER OF CONCRE PRODUCTS 4. Br /11'• Y 4f7 By: AUTHORIZED RpRESENTAWNATU. E FM in RIM Original le Res. Engl. Roane DuPII.mc OSP 01 5562A 36 130 of 491 Division of Local Assistance, Office of Procedures Development and Training Quality Assurance Program (QAP) Manual for Use by Local Agencies Revised January 20, 2011 Appendix J.2 - Example of a Certificate of Compliance for Portland Cement (continued) This is to certify that the Portland Cement . Supplied by ABC Cement Company complies with all requirements for Type II Portland Cement when tested in accordance with ASTM C - 494. Local Agency Project No. Albert Jioivakow'va. HP21L — 5055 — 111 Quality Assurance Engineer ABC Cement Company Date: 07/07/07 . 131 of 491 Attachment #5 Appendix K of' the QAP Manual 132 of 491 EfrDivision of Local Assistance, Office of Procedures Development and Training &sum Quality Assurance Program (QAP) Manual for Use by Local Agencies Revised January 20, 2011 Appendix K - Examples of Materials Certificates/Exceptions (Signed by the Resident Engineer at the Completion of the Project) Federal -aid Project No.: Project HP21L — 5055 —111 Subject: Materials Certification This is to certify that the results of the tests on acceptance samples indicate that the materials incorporated in the construction work and the construction operations controlled by sampling n and testing were in conformity with the approved plans and specifications. All materials exceptions to the plans and specifications on this project are noted below. No exceptions were found to the plans and specifications on this project. Bill Sanders Resident Engineer (Print Name) BUT[Sancders 7/7/07 Resident Engineer (Signature) (Date) Note: The signed original of this certificate is placed in the Resident Engineer's project files and one copy is mailed to the DLAE and filed under "Report of Expenditures." See the attachment (next page) 38 133 of 491 Division of Local Assistance, Office of Procedures Development and Training ,,, Quality Assurance Program (QAP) Manual for Use by Local Agencies Revised January 20, 2011 Appendix K (continued) Attachments: Materials Exceptions (Acceptance Testing) Type of Test Description of Work Total Tests Performed On the Project Number of Failed Tests Action Taken Slump Test Concrete Sidewalk 8 1 When the measured slump exceeded the maximum limit, the entire concrete load was rejected. Sand Equivalent Aggregate for Structural Concrete 10 1 The tested S.E. was 70 and the contract compliance specification was 71 minimum. However, the concrete 28-day compressive strength was 4800 psi. The concrete was considered adequate and no materials deductions were taken. Compaction Sub grade Material 12 1 One failed test was noted. The failed area was watered and reworked. When this was completed, a retest was performed. The retest was acceptable. Compaction Hot Mix As- phalt 12 1 One failed area was noted. It was reworked and retested. The second test met specifications. Bill Sanders al/ S a/naeGs, July 4, 2007 Resident Engineer (Print Name) Resident Engineer (Signature) Date 39 134 of 491 RESOLUTION NO. 2019 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND ADOPTING AN UPDATED QUALITY ASSURANCE PROGRAM THAT PROVIDES SAMPLING AND TESTING PROCEDURES TO ENSURE THAT MATERIALS INCORPORATED INTO CONSTRUCTION PROJECTS ARE IN CONFORMANCE WITH THE CONTRACT SPECIFICATIONS AND CALTRANS REQUIREMENTS FOR FEDERAL -AID PROJECTS WHEREAS, Caltrans requires that all agencies receiving Federal -Aid funds through transportation grant programs adopt a Quality Assurance Program (QAP), and update the plan at least once every five years; and WHEREAS, the City last adopted a QAP on February 4, 2014, per Resolution No. 2014-13; and WHEREAS, Caltrans has established procedures and provided forms as part of their "Quality Assurance Program (QAP) Manual for Use by Local Agencies" to ensure compliance with the latest Federal and State requirements; and WHEREAS, staff has reviewed the QAP and have made minor adjustments to the Acceptance Sampling and Testing Frequency table. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves and adopts the updated Quality Assurance Program (QAP) that provides sampling and testing procedures to ensure that materials incorporated into construction projects are in conformance with the contract specifications and Caltrans requirements for federal -aid projects. PASSED and ADOPTED this 22nd day of January, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 135 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 136 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving a two-year Agreement with Air Quality Compliance Solutions, Inc., DBA; Rely Environmental for a not -to -exceed amount of $300,000 to provide on -call environmental compliance management services involving water quality, air quality, and hazardous materials; and authorizing the Mayor to execute the Agreement. (Engineering/Public Works) Please scroll down to view the backup material. 136 of 491 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 22, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving a two-year Agreement with Air Quality Compliance Solutions, Inc., DBA; Rely Environmental for a not -to -exceed amount of $300,000 to provide on -call environmental compliance management services involving water quality, air quality, and hazardous materials; and authorizing the Mayor to execute the Agreement. PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: 7 e Finance ACCOUNT NO. APPROVED: Funds appropriated in account # 001-416-030-299-0000 (Environmental Compliance Contract Services). ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Adopt Resolution approving an Agreement with Rely Environmental for a not -to -exceed amount of $300,000 to provide on -call environmental compliance management services. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution 491 101 of 1 Explanation: The Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for various engineering, environmental, architectural and construction support services on February 2, 2017. The RFQ was advertised on the City's website, published in the San Diego Union Tribune, and e-mailed to over 100 professional consulting firms. The Department received 51 Statement of Qualifications (SOQs) from various firms by the March 6, 2017 deadline. Copies of the SOQs received are available in the Office of the City Engineer. The solicitation included a request for consultants specializing in environmental compliance management services involving water quality, air quality, and hazardous materials. Based on the strength of their SOQ and past performance, staff recommends executing a two-year Agreement (effective January 1, 2019) with the option to extend for one additional year with Air Quality Compliance Solutions, Inc., DBA; Rely Environmental for a not -to -exceed amount of $300,000. See Exhibit "A" for general scope of services and schedule of fees (to remain fixed throughout the term of the Agreement). Services will be provided "as -needed." Funding is available through the General Fund Environmental Compliance Contract Services account. 138 of 491 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND AIR QUALITY COMPLIANCE SOLUTIONS, INC., DBA; RELY ENVIRONMENTAL THIS AGREEMENT is entered into on this 22nd day of January, 2019, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Air Quality Compliance Solutions, Inc., DBA; Rely Environmental, a California corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call environmental compliance management services. WHEREAS, on February 2, 2017, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for on -call professional services for National City's Capital Improvement Program. WHEREAS, on March 6, 2017, the CONSULTANT submitted a Statement of Qualifications (SOQ) in response to the RFQ, consistent with the requirements of the RFQ. WHEREAS, the CITY has determined that the CONSULTANT is a professional environmental consulting firm specializing in environmental compliance management and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide on -call environmental compliance management services, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on January 1, 2019. The duration of this Agreement is for the period of January 1, 2019 through December 31, 2020. This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to three, one-year extensions. Any extension of this Agreement must be approved in writing by the City Council. 139 of 491 3. SCOPE OF SERVICES. The CONSULTANT will perform services as needed, including, but not limited to, environmental compliance management involving water quality, air quality, and hazardous materials, further described and as set forth in Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, Director of Engineering & Public Works, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Scott Storms, President, thereby is designated as the Project Director for the CONSULTANT. 5. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $300,000. The compensation for the CONSULTANT'S work shall not exceed the rates set forth in Exhibit "A". Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this project, whether paper or electronic, shall become the property of the Standard Agreement Page 2 of 11 City of National City and Revised July 2017 Rely Environmental 140 of 491 CITY for use with respect to this project, and shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification -or -reuse -by the CITY of documents, drawings, or-speuifrcations- prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONSULTANT its agents, servants, and employees are as to the CITY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. Standard Agreement Page 3 of 11 City of National City and Revised July 2017 Rely Environmental 141 of 491 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -section will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13, NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in Standard Agreement Page 4 of 11 City of National City and Revised July 2017 Rely Environmental 142 of 491 conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any Standard Agreement Page 5 of 11 City of National City and Revised July 2017 Rely Environmental 143 of 491 liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. M If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the tern (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 Standard Agreement Page 6 of 11 City of National City and Revised July 2017 Rely Environmental 144 of 491 H, Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Section 17, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY requires and shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. Standard Agreement Page 7 of 11 City of National City and Revised July 2017 Rely Environmental 145 of 491 C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Stephen Manganiello Director of Engineering & Public Works Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4301 To CONSULTANT: Scott Storms President Rely Environmental 3276 Rosecrans Street, Suite 201 San Diego, CA 92110 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, Standard Agreement Page 8 of 11 City ofNational City and Revised July 2017 Rely Environmental 146 of 491 demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code, The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 21 by the CONSULTANT. 22. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof, D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. Standard Agreement Page 9 of 11 City of National City and Revised July 2017 Rely Environmental 147 of 491 E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any action shall be a court of competent jurisdiction in the County of San Diego, State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Subcontractors or Subconsultants. The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 17 and the indemnification and hold harmless provision of Section 15 of this Agreement. M. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed. this Agreement on the date and year first above written. Standard Agreement Page 10 of 11 City of National City and Revised July 2017 Rely Environmental 148 of 491 CITY OF NATIONAL CITY AIR QUALITY COMPLIANCE SOLUTIONS, INC., DBA; ' LY ENVIRONMENTAL By: By: Alejandra Sotelo-Solis, Mayor S ott Sto President By: S Secretary APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: Roberto M. Contreras Deputy City Attorney Standard Agreement Page 11 of 11 City of National City and Revised July 2017 Rely Environmental 149 of 491 Client#: 67184 AIRQUALI ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/28/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THiS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on thls certificate does not confer any rights to the certificate holder In lieu of such endorsement(s). PRODUCER Frenkel & Company 350 Hudson Street 4th Floor New York, NY 10014 CONTACT Christi Nistler PHONE 212.488-0230 Fax MAIL, No, Ext): {Arc, No): 646-514-9597 E-MAIL cnistier@frenkel.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC it INSURER A: Westchester Surplus Lines Co 10172 INSURED Air Quality Compliance Solutions, Inc. 2415 Poinsettia Drive San Diego, CA 92106 INSURER B: INSURER C: INSURERD: INSURER E : INSURER F: . COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS Or SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAiD CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY)JMMIDD/YYYYL POLICY EXP LIMITS A X COMMERCIAL GENERAL LiABILITY X G24367022003 02/16/2017 02/16/2019 EACH OCCURRENCE $ 2,000,000 $ 54,000 CLAIMS -MADE I X OCCUR PRYMI3E5TtEa occu rence) X Contractor Pollution MED EXP (Any one person) $10,000 X Occurence form PERSONAL&ADVINJURY $2,000,000 $4,000,000 $4,000,000 $ GEN'L X AGGREGATE POLICY OTHER: LIMITAPjPLIES MOTI PER: LOC GENERAL AGGREGATE PRODUCTS - COMP/OP AGG A AUTOMOBILE _ LIABILITY ANY AUTO OWNED AUTOS ONLY HIREDTOS ONLY AU ''— X SCHEDULED AUTOS N• AUTONOOWNESONLY D G24367022003 02/16/2017 02/16/2019 (EaaBolde1l INGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accidenlL $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITYR ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) II yes, describe under DESCRIPTION OF OPERATIONS below Y N N / A PERTUTE j TH E.L. EACI-1 ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L DISEASE - POLICY LIMIT $ A Prot.Liab. G24367022003 02/16/2017 02/16/2019 Each Claim : $2,000 000 Deductible : $2,500 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may he attached It more space Is required) City of National City is added as Additional Insured to the General Liabili y as required by written contract, but only as respects all covered operations of the Named Insured performed on behalf of the Additional insured. CERTIFICATE HOLDER CANCELLATION City of National City Attn: Finance Dept. -Purchasing Division 1243 National City Blvd. National City, CA 91950-4301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 1 of 1 #S1359380/M1188356 ©1988-2015 ACORD CORPORATION. Ail rights reserved. The ACORD name and logo are registered marks of ACORD ALAK1 150 of 491 Cf lent#: 67184 AIRQUALI ACORDT. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/28/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder In lieu of such endorsement(s). PRODUCER Frenkel & Company - 350 Hudson Street 4th Floor New York, NY 10014 O TACF A E; Christi Nistler (NC N , Eat): 212-488-0230 (F/M No); 646-514-9597 aDoFIEss: cnistier@frenkel.com INSURER(S) AFFORDING COVERAGE NAILtl INSURER A : Westchester Surplus Lines Co 10172 INSURED Air Quality Compliance Solutions, Inc. 2415 Poinsettia Drive San Diego, CA 92106 INSURER B : INSURER C: INSURER D INSURER E ; INSURER F : BER: • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. y7p TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DDIYYYY) POLICY EXP (MM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY G24367022003 02/16/2017 02/16/2019 EACH OCCURRENCE $2,000,000 CLAIMS -MADE X OCCUR PREMISES (Ea occurrence) $50,000 X Contractor Pollution MED EXP (Any one person) $10,000 X Occurence form PERSONAL & ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 1POLICY PRO - JECT LOC PRODUCTS - COMP/OP AGO $4,000,000 OTHER: $ A AUTOMOBILE LIABILITY G24367022003 02/16/2017 02/16/2019 (COa BINEDfSINGLE LIMIT $1,000,000 _OWNED ANY AUTO BODILY INJURY (Per person) $ AUTOS ONLY SCHEDULED AUTOS BODILY INJURY(Per accident ) $ X HIRED AUTOS ONLY X NON -OWNED AUTOS ONLY PROPERTY DAMAGE (Per accldenl) $ $ UMBRELLALIAB — OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY j PER STATUTE OTH- ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? y N N / A E.L. EACH ACCIDENT $ (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ I( yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Prof.Liab. G24367022003 02/16/2017 02/16/2019 Each Claim : $2,000 000 Deductible : $2,500 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Addll(onal Remarks Schedule, may be attached if more space Is required} Evidence of Insurance Only. CERTIFICATE HOLDER CANCELLATION City of National City 2100 Hoover Ave National City, CA 91960 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ,�► �,�. dot ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #51359379/M1188356 ALAK1 151 of 491 Named Insured Air Quality Compliance Solutions, Inc. Endorsement Number Policy Symbol ECP Policy Number G24367022 003 Policy Period 02/18/2017 to 02/16/2019 Effective Date of Endorsement 02/16/2017 issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT OWNERS, LESSEES OR CONTRACTORSSCHEDULEDPERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE CONTRACTOR'S POLLUTION LIABILITY COVERAGE SCHEDULE: Name of Person or Organization: Any person or organization that is an owner of real property or personal property on which you are performing operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you, wherein such request is made prior to commencement of operations. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to bodily injury or property damage occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insureds) at the site of the covered operations has been completed; or (2) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. ENV-3100 (08-04) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 152 of 491 OP ID: PM '41. �-- CERTIFICATE OF LIABILITY INSURANCE DATE 12I28/2018Y' (MM2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Gateway Insurance Agency 207 North Ditmar St Oceanside, CA 92054- CONTACT Paula Meeks PHONE FAX (A/C, No, at): 760-439-1323 (MC, No): 760-439-6905 nI DRless: paula@gatewayautoandhome.com PRODUCER STOR.SC1 CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED Air Quality Compliance Solutions, Inc DBA Rely Environmental 2415 Poinsettia Dr San Diego, CA 92106 INSURER A: Infinity Insurance Company 22268 INSURER B : INSURER C; INSURER D : INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDL INSR SUBR wVD POLICY NUMBER POLICY EFF (MM/DDIYYYY), POLICY EXP (MMIDDIYYYY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY OCCUR EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ CLAIMS -MADE MED EXP (Any one person) $ GENL PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ AGGREGATE LIMIT APPLIES PER: POLICY J CT n LOC PRODUCTS - COMP/OP AGG $ $ A A A AUTOMOBILE X X X LIABILITY 504610022689001 03/22/2018 03/22/2019 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY (PER ACCIDENT) DAMAGE $ $ UMBRELLAL1AB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) I(yes. describe under DESCRIPTION OF OPERATIONS Y / N N / A WCSTATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS! LOCATIONS / VEHICLES (Attach ACORD 101, Additional Romarks Schedule if more spaoe is required) CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Blvd National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 153 of 491 ReIVEnvircuurlentat 12/17/2018 Stephen Manganiello Director of Public Works/City Engineer City of National City Engineering & Public Works Department 1243 National City Boulevard National City, CA 91950 Dear Mr. Mangeniello, EXHIBIT "A" We make compliance easy Rely Environmental is a small team of environmental professionals with a mission to help municipalities, businesses, hospitals and other institutions in Southern California comply with environmental regulations. We have been providing environmental compliance consulting services to entities in Southern California for 16 years. Rely provides services that are thorough, cost effective and objective based. Rely Environmental has extensive experience in the municipal environmental compliance field. We currently provide services to the following public agencies in Southern California: • City of Oceanside • City of San Marcos • City of La Mesa • City of Carlsbad • City of El Cajon • City of Vista • City of Poway • Vallecitos Water District • San Diego Metro Transit Service Rely Environmental has an excellent reputation with regulatory agencies. We foster this relationship actively and leverage it to our client's advantage whenever possible. We take pride in the work we do. Rely Environmental is detail oriented and data driven to provide the best customer service possible while simultaneously understanding the final consumers of our product are local regulatory agencies. Thank you again for this opportunity to provide services to the City of National City. Best regards, Scott Storms, President, Rely Environmental Rely Environmental 3276 Rosecrans Street, Suite 201 San Diego, CA 92110 www.relvenvirontnental.com Phone: 844-992-RELY Fax: 619-374-7133 Page 1 of 8 154 of 491 Proposal: Environmental Compliance Consulting for the City of National City Rely Environmental Version: 3.0 Submitted on: 12/17/2018 1. Executive Summary The City of National City operates numerous facilities with activities and equipment that are regulated by federal, state and local environmental agencies. While individual requirements are not burdensome, taken together the management can become difficult and confusing. Rely Environmental proposes to continue providing expert and timely environmental compliance management consulting to the City of National City. The six primary environmental agencies that regulate the City of National City are: a. San Diego County Department of Environmental Health, Hazardous Materials Division b. San Diego County Air Pollution Control District c. California Air Resources Board d. Department of Toxic Substances Control e. California Air Resources Board 2. Contact Information a. Legal name and address: Air Quality Compliance Solutions, Inc., DBA: Rely Environmental b. Legal form of company: California Corporation as per Subchapter S c. Address of office working on project: 3276 Rosecrans Street, Suite 201 San Diego, CA 92110 d. Proposal contact information: Scott Storms Phone: 619-379-1457 Fax: 619-374-7133 Email: sstorms@relyenvironmental.com Rely Environmental 3276 Rosecrans Street, Suite 201 San Diego, CA 92110 www.relvenvironmental.com Phone: 844-992-RELY Fax: 619-374-7133 Page 2of8 155 of 491 3. Identification of services Rely Environmental proposes to provide environmental consulting services to maintain compliance with the following four regulatory agencies: San Diego County Department of Environmental Health, Hazardous Materials Division The San Diego County Department of Environmental Health, Hazardous Materials Division (SDDEH,HMD) is the local agency that is authorized to implement and enforce California's environmental health laws relating to: 1. Hazardous materials 2, Hazardous waste 3. Universal waste 4. Medical waste 5. Underground Storage Tanks 6. Above Ground Petroleum Storage Tanks 7. Accidental Release Program 8. California Environmental Reporting System San Diego County Air Pollution Control District The San Diego County Air Pollution Control District (SD-APCD) implements and enforces stationary and portable source air pollution regulations in the County of San Diego. These regulations are found in the California Health and Safety Code, the California Code of Regulations and the SD-APCD local rule book. Cities such as the City of National City typically have a small number of regulated equipment and activities that include: 1. Emergency generators 2. Boilers 3. Portable equipment 4. Landfills 5. Asbestos removal California Air Resources Board The California Air Resources Board (CARB) regulates portable and mobile emission sources in the State of California. Cities typically have the following equipment that is regulated by CARE: 1. On -road, heavy-duty diesel vehicles 2. Off -road, heavy-duty diesel equipment 3. Portable diesel equipment 4. Asbestos removal Rely Environmental has an excellent reputation with regulatory agencies. We foster this relationship actively and leverage it to our client's advantage whenever possible. We emphasize customer service to our clients while simultaneously understanding that the final consumers of our product are local regulatory agencies. Rely Environmental 3276 Rosecrans Street, Suite 201 San Diego, CA 92110 www.relvenvironmental.com Phone: 844-992-RELY Fax: 619-374-7133 Page 3 of 8 156 of 491 4. Scopes of work: i. Hazardous materials and waste inspections: 1. Verify current UPF Permit 2. Inspect storage of hazardous materials and hazardous/universal/medical waste to verify: a. Proper storage b. Proper labeling c. Allowed retention times are met d, Correct documentation of removal 3. Verify current required training 4. Provide inspection report ii. Emergency generator inspections: 1. Review permit 2. Review operational records 3. Verify operation is in compliance with permit limits 4. Review maintenance log 5. Review O&M manual availability 6. Provide inspection report iii. Complyrs environmental management software Complyrs is the first -of -its -kind compliance management tool designed specifically for the needs of California facility managers. Complyrs offers compliance program management for: 1, Hazardous materials 2. Hazardous waste 3. Underground storage tanksl 4. Above ground petroleum storage 5. Medical waste 6. Universal waste 7. California Environmental Reporting System (CERS) 8. Emergency diesel engines 9. Stormwater iv. In person training sessions/online training Sites can have in -person training on online training of the following subjects: 1, Hazardous materials and waste 2. Stormwater pollution prevention 3. Aboveground petroleum storage 4. Vapor recovery systems 5. Underground storage tank operation 6. Using safety data sheets (SDS) 7. Electrical safety 8. Ergonomics 9. Fire safety 10. Hazardous communication, biological hazards, bloodborne pathogens, PPEs 11. Slip and fall, floors, walkways, and lighting 12. Workplace violence Rely Environmental 3276 Rosecrans Street, Suite 201 San Diego, CA 92110 www.relvenvironmental.com Phone: 844-992-RELY Fax: 619-374-7133 Page 4 of 8 157 of 491 v. SDS inventory and website SDS follow up inspections and updates 1. On a biannual basis, conduct a follow-up inventory of all assigned locations 2. After each inspection, provide an updated inventory to facility staff and National City management to determine if any items need to be added to the inventory or if any items can be changed to an archived status 3. Update any SDS that have been superseded by new versions 4. Deliver updated QR code posters to each site 5. Upload SDSs to Internet access portal vi. CERS review 1. Facility information 2. Emergency contacts 3. Business activities 4. Hazardous materials inventory 5. Site map 6. Emergency response plan 7. Training plan 5. work plan and pricing For the activities listed in a: Scopes of Work Hazardous materials and waste inspections Number of times/year Unit Price Annual billing Public Works Yard 12 $ 300 $ 3,600 Fire Station #31 2 $ 300 $ 600 Fire Station #34 2 $ 300 $ 600 Police Station 2 $ 300 $ 600 Municipal Pool 2 $ 300 $ 600 Morgan and Kimball Towers 2 $ 300 $ 600 City Hall 2 $ 300 $ 600 Tradesman Shop 2 $ 300 $ 600 Sub total $ 7,800 Emergency generator inspections Number of times/year Unit Price Annual billing Fire Station #31 2 $ 150 $ 300 Fire Station #34 2 $ 150 $ 300 Police Station 2 $ 150 $ 300 Morgan and Kimball Towers 2 $ 150 $ 300 City Hall 2 $ 150 $ 300 Sub total $ 1,500 Rely Environmental 3276 Rosecrans Street, Suite 201 San Diego, CA 92110 www.relvenvi ronm a ntal.com Phone: 844-992-RELY Fax: 619-374-7133 Page 5 of 8 158 of 491 Comp[yrs environmental management software Number of times/year Unit Price Annual billing Public Works Yard 12 $ 25 $ 300 Fire Station #31 12 $ 10 $ 120 Fire Station #34 12 $ 10 $ 120 Police Station 12 $ 10 $ 120 Municipal Pool 12 $ 10 $ 120 Morgan and Kimball Towers 12 $ 10 $ 120 City Hall 12 $ 10 $ 120 Tradesman Shop 12 $ 10 $ 12Q Sub total $ 1,140 Training: in person Number of times/year Unit Price Annual billing Public Works Yard 1 $ 300 $ 300.. Fire Station #31 1 $ 300 $ 300. Fire Station #34 1 $ 300 $ 300 Police Station 1 $ 300 $ 300 Municipal Pool 1 $ 300 $ 300 Morgan and Kimball Towers 1 $ 300 $ 300 City Hall 1 $ 300 $ 300 Tradesman Shop 1 $ 300 $ 300 Sub total $ 2,400 Online training access Number of times/year Unit Price Annual billing Public Works Yard 1 $ 100 $ 100 Fire Station #31 1 $ 100 $ 100 Fire Station #34 1 $ 100 $ 100 Police Station 1 $ 100 $ 100 Municipal Pool 1 $ 100 $ 100 Morgan and Kimball Towers 1 $ 100 $ 100 City Hall 1 $ 100 $ 100 Tradesman Shop 1 $ 100 $ 100 Sub total $ 800 SDS inventory and website Number of times/year Unit Price Annual billing Aquatic Center 2 $ 200 $ 400 ARTS Building 2 $ 200 $ 400 Camacho Gym 2 $ 200 $ 400 Casa De Salud 2 $ 200 $ 400 Civic Center (City Hall) 2 $ 200 $ 400 El Toyon Rec Center 2 $ 200 $ 400 Rely Environmental 3276 Rosecrans Street, Suite 201 San Diego, CA 92110 www.relyenvironmental.com Phone: 844-992-RELY Fax: 619-374-7133 Page 6 of 8 159 of 491 Fire Station 33 2 $ 200 $ 400 Fire Station 34 2 $ 200 $ 400 Fire Station 31 2 $ 200 $ 400 Kimball Rec Center 2 $ 200 $ 400 Morgan & Kimball Towers 2 $ 200 $ 400 Nutrition Center in M & K Towers 2 $ 200 $ 400 Kimball Senior Center 2 $ 200 $ 400 Martin Luther King Comm. 2 $ 200 $ 400 Municipal Pool 2 $ 200 $ 400 Police Department 2 $ 200 $ 400 Public Library 2 $ 200 $ 400 Public Works 2 $ 200 $ 400 Public Works 2 2 $ 200 $ 400 Sub total $ 7,600 CERS account management (estimate) Unit Price (hourly) Unit count Annual billing Public Works Yard $ 120 4 $ 480 Fire Station #31 $ 120 4 $ 480 Fire Station #34 $ 120 4 $ 480 Police Station $ 120 4 $ 480 . Municipal Pool $ 120 4 $ 480 Morgan and Kimball Towers $ 120 4 $ 480 City Hall $ 120 4 $ 480 Tradesman Shop $ 120 4 $ 480 Sub total $ 3,840 Additional Services (estimated from prior year) Unit Price Estimated annual charge Hazardous waste removal subcontractor rate +15% $20,000 Asbestos sampling and remediation subcontractor rate +15% $20,000 Environmental project management $120/hour $10,000 Sub total $ 50,000 Grand total $ 75,080 Conclusion Rely Environmental provides environmental compliance solutions for businesses in Southern California. We currently solve environmental compliance challenges for eight public agencies in San Diego County, most of them have been clients for more than a dozen years. These municipalities face challenges that are very similar to the ones National City currently faces. We have an excellent reputation and relationship with local regulators and leverage this relationship Rely Environmental 3276 Rosecrans Street, Suite 201 San Diego, CA 92110 www.relvenvironmental.com Phone: 844-992-RELY Fax: 619-374-7133 Page 7 of 8 160 of 491 for your benefit. We are certain that we can provide National City with an excellent compliance management solution. Rely Environmental 3276 Rosecrans Street, Suite 201 San Diego, CA 92110 www.relvenvironmental.com Phone: 844-992-RELY Fax: 619-374-7133 Page 8 of 8 161 of 491 RESOLUTION NO. 2019 -- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TWO-YEAR AGREEMENT WITH AIR QUALITY COMPLIANCE SOLUTIONS, INC., DBA RELY ENVIRONMENTAL, FOR A NOT -TO -EXCEED AMOUNT OF $300,000 TO PROVIDE ON -CALL ENVIRONMENTAL COMPLIANCE MANAGEMENT SERVICES INVOLVING WATER QUALITY, AIR QUALITY, AND HAZARDOUS MATERIALS; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, the Engineering and Public Works Department advertised a Request for Qualifications (RFQ) for various engineering, environmental, architectural, and construction support services on February 2, 2017; and WHEREAS, the solicitation included a request for consultants specializing in environmental compliance management services involving water quality, air quality, and hazardous materials; and WHEREAS, the Department received 51 Statement of Qualifications (SOQ) from various firms by the March 6, 2017 deadline; and WHEREAS, based on the strength of their SOQ and past performance, staff recommends executing a two-year Agreement with Air Quality Compliance Solutions, Inc., DBA Rely Environmental, for a not -to -exceed amount of $300,000, with the option to extend for one additional year and an expiration date of December 31, 2020. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves a two-year Agreement with Air Quality Compliance Solutions, Inc., DBA Rely Environmental, for a not -to -exceed amount of $300,000, with the option to extend for one additional year and an expiration date of December 31, 2020. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor to execute the Agreement with Air Quality Compliance Solutions, Inc., DBA Rely Environmental. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 22nd day of January, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Angii P. Morris -Jones City Attorney 162 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 163 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving the waiving of the formal bid process pursuant to National City Municipal Code Section 2.60.220 (B) for the sole source purchase of 24 sets of National Fire Protection Association (NFPA) Code No. 1851 compliant Lion brand turnout gear from Allstar Fire Equipment for the Fire Department in the amount of $61,000.59. (Fire) Please scroll down to view the backup material. 163 of 491 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 22, 2019 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City approving the waiving of the formal bid process pursuant to National City Municipal Code Section 2.60.220 (B) for the sole source purchase of 24 sets of National Fire Protection Association (NFPA) Code No. 1851 compliant Lion brand turnout gear from Alistar Fire Equipment for the Fire Department in the amount of $61,000.59. (Fire) PREPARED BY: Frank Parra, Director of Emergency Services DEPARTMENT: B PHONE: 619-336-4551 APPROVED BY: EXPLANATION: The Fire Department recommends that the City purchase 24 sets of turnout gear from Allstar Fire Equipment. It is requested that the City Council waive the formal bidding requirements as allowed in National City Municipal Code Section 2.60.220(B) because the commodity can only be obtained from one source. National Fire Protection Association (NFPA) Code No. 1851 deals with fire departments' selection and care of personal protective equipment. It requires the 10-year mandatory retirement rule for structural gear and 5-year mandatory retirement for reflective outer shells specified in proximity gear. The NCFD has adopted NFPA 1851 and recently had all the turnouts professionally inspected. Over 60% of the inventory do not meet the minimum standard due to age and or damage. Turnouts are one of first lines of defense for a firefighter Turnouts take a tremendous amount of punishment from smoke, heat, and fire. The NCFD has an aggressive maintenance program that has been extending the life of the turnouts; however, some turnouts returned from the inspection as "non -repairable." Staff recommends approving the waiving of the formal bid process pursuant to NCMC Section 2.60.220 (B) for the sole source .urcnase of 24 sets of Lion brand turnout .ear from Alistar Fire E.ui.ment in the al ount of $61 000.59. FINANCIAL STATEMENT: ACCOUNT NO. 001-412-125-318-0000 (Wearing Apparel) - $61,000.59 APPROVED:/LGd44 FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION ❑ FINAL ADOPTION STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Sole Source — Allstar Fire Equipment 2. Quote — Allstar Fire Equipment 3. Resolution 1691 OLION Re: LION Authorized and Approved Distributor To Whom It May Concern: Allstar Fire Equipment Inc. and LION have experienced a decades' -long partnership in proudly supplying the California fire service with the highest quality personal protective equipment. LION is grateful to the high energy and enthusiasm exhibited by the staff at Allstar Fire Equipment. Their dedication to the highest standards of service and integrity has developed into their position as the sole source for LION's NFPA 1971 compliant LION® brand turnouts to the municipal fire service market in California. Allstar Fire Equipment operates two facilities: one in Hayward, California along with their headquarters in Arcadia, California. Allstar maintains a significant inventory and professional sales staff covering the entire state. LION provides state-of-the-art ergonomics in its Janesville® V-Force® turnouts and true innovations such as Isodri®, Semper DriTM, Lite-N-DriTM and Ventilated TrimTM, responding to the needs of the fire service, with focus on metabolic stress reduction, durability, mobility and comfort. Thank you for your consideration in choosing Allstar Fire Equipment and LION for your personal protection requirements. Best regards, MichelleTrout Michelle Trout Regional Sales Manager 7200 Poe Ave. I Suite 400 I Dayton, OH 45414 tf: 800.548.6614 I p: 937.898.1949 I f: 937.898.2848 info@lionprotects.com I www.lionprotects.com 165 of 491 ALLSTAR FIRE EQUIPMENT, INC SALES QUOTE 12328 Lower Azusa Road Arcadia, California 91006 Phone: (626) 652-0900 Fax: (626) 652-0919 Date: October 26, 2018 To: National City FD Attn: Matt Lucas Fax: Per your request, we are pleased to quote on the following: QTY 25 24 1 25 UNIT ea pr pr pr DESCRIPTION Lion Model CVBM-K7 Natural 6 oz. PBI Max V-Force Turnout Coat per National City FD Specs Lion Model PVFM-K7 Natural 6 oz. PBI Max Belted V-Force Turnout Pant per National City FD Specs Lion/Janesville PSDM-T7 Natural PBI GEMINI Super Deluxe Turnout Pants per Cal Fire MVU Specs Lion Model SR344L - "H" Back Red/Blue Suspenders with Leather Tabs Terms: Net 30 FOB: Destination Delivery: 60 Days Note: Pricing is valid for 30 days. Subject to change thereafter. Any non stock or special order items may be non returnable and/or subject to a restocking fee. PRICE $1,386.95 $856.75 $856.75 Included EXTENSION Subtotal 8.75% Quoted By: TOTAL John Sprengelmeyer - inside Sales $34,673.75 $20,562.00 $856.75 Included $56,092.50 $4,908.09 $61,000,59 166 of 491 RESOLUTION NO. 2019 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.220 (B) FOR THE SOLE SOURCE PURCHASE OF 24 SETS OF LION BRAND TURNOUT GEAR COMPLIANT WITH NATIONAL FIRE PROTECTION ASSOCIATION CODE NO. 1851 FROM ALLSTAR FIRE EQUIPMENT FOR THE FIRE DEPARTMENT IN THE AMOUNT OF $61,000.59 WHEREAS, the National Fire Protection Association (NFPA) Code No. 1851 specifies the minimum selection, care, and maintenance requirements for structural firefighting protective ensembles and the individual ensemble elements that include garments, helmets, gloves, footwear, and interface components that are compliant with NFPA 1971 (Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting); and WHEREAS, NFPA 1851 requires a 10-year mandatory retirement rule for structural gear, and 5-year mandatory retirement for reflective outer shells specified in proximity gear; and WHEREAS, the National City Fire Department (NCFD) recently had all the turnouts professionally inspected, and over 60% of the inventory do not meet the minimum standard due to age and or damage; and WHEREAS, because Allstar Fire Equipment is the sole source provider for LION brand turnout gear, NCFD desires to purchase 24 sets of NFPA 1851 compliant LION brand turnout gear from Allstar Fire Equipment for the not to exceed amount of $62,000.59; and WHEREAS, National City Municipal Code ("NCMC") Section 2.60.220(B) allows the bid process to be waived when the commodity, regardless of value, can be obtained from only one source. Sole source procurements may be used when there is only one source from which a particular commodity is available and there is no adequate substitute. Sole source procurement may also be used when it is clear that competitive bidding will not produce any competitive advantage or would be impractical or not meet an urgent city procurement need. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the waiving of the formal bid process, consistent with Municipal Code Sections 2.60.220(B), and approves the purchase of 24 sets of NFPA 1971 compliant LION brand turnout gear from Allstar Fire Equipment for the not to exceed amount of $62,000.59. [Signature Page to Follow] 167 of 491 Resolution No. 2019 — Page Two PASSED and ADOPTED this 22nd day of January, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 168 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 169 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving a First Amendment to the Agreement between the City of National City and Meyers Nave, Riback, Silver & Wilson, a Professional Law Corporation, to increase the amount by $100,000, for the not to exceed total amount of $150,000, to provide legal services in the specialized area of labor law, and approving an appropriation in the amount of $60,000 to the General Fund Non - Departmental Professional Services from the General Fund fund balance. (Human Resources) Please scroll down to view the backup material. 169 of 491 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 22, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City for approving a First Amendment to the Agreement between the City of National City and Meyers Nave, Riback, Silver & Wilson, a Professional Law Corporation for legal services in the specialized area of labor law for the not to exceed amount of a total of $150,000 and approving an appropriation in the amount of $60,000 to the General Fund Non -Departmental Professional Services from the General Fund fund balance. PREPARED BY: Irene Mosley DEPARTMENT: Human Resources PHONE: 336-4308 APPROVED BY: "'� EXPLANATION: The City of National City engages outside legal support for some specialized areas. Since August, 2009, Meyers Nave, Riback, Silver & Wilson, a Professional Law Corporation has served as the City's subject matter expert in the area of labor law. In February 2018, the City entered into an agreement with Meyers Nava Professional Law Corporation to provide support to the City Council, City Manager and staff in performing such functions as the full range of services related to the negotiation, drafting and implementation of agreements with employee labor associations and proactively advising on current legal trends and issues related to labor negotiations and agreements. The Meyers Nave, Riback, Silver & Wilson firm has been instrumental in providing support to the City through the labor negotiation process with its three formal labor groups. A labor agreement was reached with one of the City's three labor groups while two are still pending. An amendment to the agreement is needed to allow the firm to assist City staff in completing that process with the remaining labor groups and cover services incurred in excess of the previous 2018 agreement with Meyers Nave, Riback, Silver & Wilson. FINANCIAL STATEMENT: APPROVED: .9 G /4 Finance ACCOUNT NO. APPROVED: MIS This appropriation requires the use of General Fund unassigned fund balance of $60,000. Approval of this request will increase the fiscal -year-to-date authorized use of General Fund unassigned fund balance from $4,255,969 to $4,315,969. ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution authorizing 1) authorizing a First Amendment to the Agreement between the City of National City and Meyers Nave, Riback, Silver & Wilson, a Professional Law Corporation for legal services in the specialized area of labor law for the not to exceed amount of a total of $150,000 and 2) approving an appropriation in the amount of $60,000 to the General Fund Non -Departmental Professional Services from the General Fund fund balance. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: Resolution Agreement 170 of 491 FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND MEYERS NAVE RIBACK, SILVER & WILSON, PLC This First Amendment ("Amendment") to the Agreement by and between the City of National City and MEYERS NAVE RIBACK, SILVER & WILSON, PLC, a professional law corporation, is entered into this 22nd day of January 2019, by and between the City of National City, a municipal corporation (the "CITY") and MEYERS NAVE RIBACK, SILVER & WILSON, PLC, a professional law corporation ("FIRM"). RECITALS WHEREAS, the parties entered into the February 12, 2018 Agreement ("Agreement") for certain labor -related legal services to be provided by the FIRM to the CITY. WHEREAS, the Agreement was executed by the City Manager pursuant to her authority under the National City Municipal Code. WHEREAS, Article 3.C. of the Agreement provided that payment to FIRM shall not exceed $50,000. WHEREAS, labor negotiations proceeded longer than anticipated causing FIRM to render legal services that exceeded the not -to -exceed amount by $37,839. WHEREAS, the parties wish to amend Article 3.C. of the Agreement to increase the not -to - exceed amount in order to pay FIRM the $37,839 for past services rendered under the 2018 Agreement. WHEREAS, labor negotiations are ongoing for several employee bargaining units. WHEREAS, the CITY estimates an additional $62,161 is required to pay FIRM to finalize labor negotiations with all remaining employee bargaining units. WHEREAS, the CITY wishes to increase the not -to -exceed amount by $100,000, for a total not -to -exceed amount of $150,000. WHEREAS, the increase in the not -to -exceed amount requires City Council approval as it exceeds the City Manager authority under the National City Municipal Code NOW, THEREFORE, the parties agree as follows: [continued to next page] 171 of 491 AGREEMENT NOW THEREFORE, the parties hereto agree as follows: 1. Article 3.C. of the Agreement entered into on February 12, 2018 shall be amended to increase the not -to -exceed amount by $100,000, for a total not -to -exceed amount of $150,000. 2. The parties further agree that with the foregoing exception, each and every term of the February 12, 2018 Agreement shall remain in full force and effect. IN WITNESS THEREOF, the parties hereto have executed this First Amendment on the date and year first written above. CITY OF NATIONAL CITY MEYERS NAVE RIBACK, SILVER & WILSON, A PROFESSIONAL LAW CORPORATION By: By: Alejandra Sotelo-Solis Gina Roccanova, LEG Group Leader Mayor APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: Roberto M. Contreras Deputy City Attorney First Amendment to 2018 Agreement By: Edward Kreisberg, Principal 2 City of National City and January 2019 Meyers Nave 172 of 491 RESOLUTION NO. 2019 -- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND MEYERS NAVE RIBACK SILVER & WILSON, A PROFESSIONAL LAW CORPORATION, TO INCREASE THE NOT TO EXCEED AMOUNT BY $100,000, FOR A TOTAL NOT TO EXCEED AMOUNT OF $150,000, FOR LABOR -RELATED LEGAL SERVICES, AND APPROVING AN APPROPRIATION IN THE AMOUNT OF $60,000 TO THE GENERAL FUND NON -DEPARTMENTAL PROFESSIONAL SERVICES FROM THE GENERAL FUND FUND BALANCE WHEREAS, on February 12, 2018, the City of National City entered into an Agreement with Meyers Nave Riback Silver & Wilson for the not to exceed amount of $50,000 for labor -related legal services; and WHEREAS, because labor negotiations are ongoing, additional funds are necessary to finalize labor negotiations with all remaining bargaining units; and WHEREAS, the parties desire to enter into a First Amendment to the Agreement to increase the not to exceed amount by $100,000, for a total not to exceed amount of $150,000, to finalize labor negotiations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves and authorizes the Mayor to execute a First Amendment to the Agreement with Meyers Nave Riback Silver & Wilson to increase the not to exceed amount by $100,000, for a total not to exceed amount of $150,000, for labor -related legal services. Said Agreement is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council approves an appropriation in the amount of $60,000 to the General Fund Non -Departmental Professional Services from the General Fund fund balance. PASSED and ADOPTED this 22nd day of January, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 173 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 174 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit — Inflatable Event hosted by Fun Inflatable Slides at Westfield Plaza Bonita Mall from March 1, 2019 thru August 25, 2019 with no waiver of fees. (Neighborhood Services) Please scroll down to view the backup material. 174 of 491 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 22, 2019 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit — Inflatable Event hosted by Fun Inflatable Slides at Westfield Plaza Bonita Mall from March 1, 2019 thru August 25, 2019 with no waiver of fees. PREPARED BY: Dionisia Trejo DEPARTMENT: Neig PHONE: (619) 336-4255 APPROVED BY: EXPLANATION: This is a request from Fun Inflatable Slides to hold Inflatable Event at 3030 Plaza Bonita Road from March 1, 2019 thru August 25, 2019. This outdoor inflatable amusement park will feature slides, obstacle courses and bouncers for child entertainment surrounded by temporary fencing for perimeter safety and carpet for flooring. ces Department This park is open to the public and paid admission grants unlimited play time for the entire day with in and out privileges. No activities outside the fenced perimeter are set up. Days of operations will be Monday thru Sunday 9 a.m. — 7 p.m. Note: This application has been approved for this request in 2017 and 2018 with no waiver of fees. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS City fee of $272.00 for processing the TUP through various City departments, plus $600.00 for the Fire Permits Total Fees: $872.00 ENVIRONMENTAL REVIEW: N/A 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 or in accordance to City Council Policy 802. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Application for a Temporary Use Permit with recommended conditions of approval. 175 of 491 1 f+' . .1 '.„ City of National City N. Neighborhood Services Department 1243 National City Boulevard ■ National City, CA 91950 (619) 336-4384 fax (619) 336-4217 www.nationalcityca.gov 3 pe of Event ❑ Fair/Festival ° 0 Parade/ 0 TI,1P E Ev{ant Title arch 0I Sporting Event ent Name & Location Event Locatfon (list all sites being requested) EIMEME Se: -Up Starts Da:e . Z _1e,• l7 (—Lent Starts Da:e / Event Ent Breakdown Ends Da.e ?i0 Time Time The Time plicantt Information Applicant (Your name) Event Coordinator (if different from applicant) Ma ling Address 9,0 3 l- l nIkylv Da!' Phone kto ' P 4' After I -ours Phone Public Information Phone eon., 0-,..35-piE-mail ❑ Walk or Run ❑ Concert/Performance PIS Other (specify) ( 61-4,41 a 3o PI42d Coma& rya • 5kin 204;- Day of Week b0 Day of Week Day of Week Day of Week Applicant agrees to investigate, defer from and against any and a!f loss, (Inc uding attomey`s fees) and causes may incur, sustain or.be subjected to badly injury to or death of any perso invitees of each party hereto) arising o City premises under this agreement to RECEIVED NOV 2 9 2018 • hleightiorhncd Services Ge;aH- n i1 City of National Cd ins ng Organization , k-5-1v 1tiC , lote. St f . t QIA n cat c )L/V352/ Fax , indemnify and hold harmless the City, its officers, employees and agents arnage, liability, claims, demands, detriments, 'costs, charges, expense f action of any character which the City, its officers, employees and agents n account of loss or damage to property or the loss of use thereof and for s (indiuding but not limited to the employees, ,subcontractors, agents and t of or In any way connected to the occupancy, enjoyment and use of any e extent permitted by few. Applicant understands this TUP/special event may Implicate fees for City services, which will have to be paid In the C€ty's Finance Department 48 hours prir to the event set-up. The undersigned also understands and accepts the City's refund policy for application proc:ssing and facility use and that fees and charges are adjusted annually and are subject to change. Sig iature'of Applicant: Date '- 1 176 of 491 Special Event Application (continued) Please complete the following sections with as much detail as possible since fees and requirements are based on the information you provide us. Fees!Proceeds/Reportin Is your organization a "Tax Exempt, nonprofit" organization? Yes ❑ No Are admission, entry, vendor or participant fees required? Yes` 1 No ❑I If YES, please explain the purpose and provide amount (s): $ event. 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? ]esdiptionyotEver t. ❑ First time event ❑ Returning Event ❑ include site map with application Note that this description may be published in our City Public Special Events Calendar: n a ' i f tianated Attendance; Anticipated # of Participants: J Anticipated # of Spectators: ofa 7 177 of 491 Traffic Control, Securit , First Aid and Accessibilit Requesting to close street(s) to vehicular traffic? Yes ❑ No 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 1V No El ❑ Requested "No Parking" on city streets and/or parking Tots (list streets/parking lots) (provide map): _3/L Oia/aelktS eJ(2 Ee, Aiw ❑ Other (explain) Security and Crowd Control Depending on the number of participants, your event may require Police services. Please describe your procedures for both Crowd Control and Internal Security:. • a 2d-1-- fi'b.ai?`-) `%' , e���� ete— ^ eC' � Have you hired Professional Security to handle security arrangements for this event? Yes ❑ N If YES, name and address of Security Organization Security Director (Name): Phone: If using the services of a professional security firm AND the event will occur on City property, please provide a copy of its insurance certificate, evidencing liability with limits of at least $1 Million dollars per occurarice/$2 Million dollars aggregate, as well as and additional insured endorsement naming the City of National City, its officers, employees, and agents as additional insureds. Evidence of insurance must be provided by the vendor or its insurer to the City's Risk Manager for review and approval prior to the event. Is this a night event? Yes ❑ N be illuminated to ensure safety of the p icipants and spectators: If YES, please state how the event and surrounding area will 3 178 of 491 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? Y ❑ First aid/CPR certified? Yes ❑ No ❑ ❑ First aid station to be staffed by professional company. ► Company Accessibilit Please describe your Accessibility Plan for access at your event by individuals with disabilities: 71:60-e _ ja/X-eke'tp 42.0&2_),- a4e 4-# 67 „ezx /1.1 A11/2/i /Ve't4.-/` Elements of our Event Setting up a stage? Yes ❑ Ncri* ❑ Requesting City's PA system 0 Requesting City Stage; if yes, which size? 0 Dimensions (13x28) ❑ Dimensions (20x28) ❑ Applicant providing own stage ► (Dimensions) Setting up canopies or tents? # of canopies size # of tents size ❑ No canopies/tents being set up Setting up tables and chairs? ❑ Furnished by Applicant or Contractor (q(-) # of tables ❑ No tables being set up 706 # of chairs ❑ 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 ❑ Ng ehairs being set up Contractor Name Contractor Contact Information Address City/State Phone Number 4 179 of 491 Setting up other equipment? ❑ Sporting Equipment (explain) Other (explain) Dfv'0, C� ❑ Not setting up any equipment listed above at event LU Having amplified sound and/or music? Ye No ❑ A System for announcements —gip player or DJ music ❑ Live Music ► ❑ Small 4-5 piece live band ► ❑ Large 6+ piece live band ❑ Other (explain) If using live music or a DJ. ► Contractor Name Address City/State Phone Number Using lighting equipment at your event? Yes ❑ N ❑ Bringing in own lighting equipment ❑ Using professional lighting company ► Company Name Address City/State Using electrical power? Yes No ❑ ❑ Using on -site electricity ging in generator(s) ❑ For sound and/or lighting ❑ For sound and/or lighting Phone Number ❑ For food and/or refrigeration ❑ For food and/or refrigeration Vendor Information PLEASE NOTE: You may be required to apply for a temporary health permit if food or beverages are sold of given away during your special event. Also see `Permits and Compliance' on page 8 in the Special Event Guide. For additional information on obtaining a temporary health permit, please contact the County of San Diego Environmental Health at (619) 338-2363. Having food and non-alcoholic beverages at your event? Yes 11--No❑ ❑ Vendors preparing food on -site ► # ► Business License # If yes, please describe how food will be served and/or prepared: If you intend to cook food in the event area please specify the method: ❑ GAS ❑ ELECTRIC ❑ CHARCOAL ❑ OTHER (Specify): Vendors bringing pre -packaged food ► # ► Business License# -Vendors bringing bottled, non-alcoholic beverages (i.e., bottled water, can soda, etc.) ► # ❑ Vendors selling food # ► Business License #(s) i Vendors selling merchandise # ► Business License #(s) 5 180 of 491 7- Food/beverages to be handled by organization; no outside vendors Vendors selling services # ► Business License #(s) ► Explain services ❑ Vendors passing out information only (no business license needed) # ► Explain type(s) of information ❑ 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 occurrence/$2 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. The application should be filed out at least one week prior 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. Hatable bouncer house # IRock climbing wall Height /5 Inflatable bouncer slide # Arts & crafts (i.e., craft making, face painting, etc.) ❑ Other Having fireworks or aerial display? Yes El N ❑ 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❑ N ❑ Yes, but media will not require special set-up ❑ Yes, media will require special set-up. Describe 6 181 of 491 MIE. ..- 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 City's specifications. Please refer to the City's Special Event Guidebook and Fee Schedule for additional information. Are you planning to have signage at your event? Ye l! . ❑ ❑ Yes, we will post signage # Dimensions Pa_c,T3 . ❑ Yes, having inflatable signage # ❑ Yes, we will have banners # ❑ What will signs/banners say? ► (complete Inflatable Signage Request form) ❑ How will signs/banners be anchored or mounted? 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 No ❑ If yes, please identify the following: ► Total number of portable toilets: ► Total number of ADA accessible portable toilets: ❑ Contracting with portable toilet vendor. ► ► Load -in Day & Time Company Phone ► Load -out Day & Time ❑ Portable toilets to be serviced. ► Time 177 Set-up; Breakdown, Clean-up Setting up the day before the event? ❑ Yes, will set up the day before the event. o, set-up will occur on the event day Requesting vehicle access onto the turf? ► # of set-up day(s) ❑ 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, 7 182 of 491 NPDES-Litter Fence ❑ City to install litter fence pplicant to install litter fence ...❑1111 N/A Breaking down set-up the day after the event? ❑ Yes, breakdown will be the day after the event. ► # of breakdown day(s) 10 JAY g El No, breakdown will occur on the event day. How are you handling clean-up? ❑ Using City crews sing volunteer clean-up crew during and after event. ❑ 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. 8 183 of 491 1 __— CALIFORNIA;�aovf =NC0RPORAT£0 Special Event Information Special Events Pre -Event Storm Water Compliance Checklist Name of Special Event: 9€�Cl=aY/ D�Z�C Event Address: Event Host/Coordinator: Expected # of Attendees: Phone Number: 8057 V,;/,53"01—/ IL Storm Water Best Management Practices (BMPs) Review Y YES NO N/A Will enough trash cans providedforthe event? Provide number of trash bins: / Will enough recycling bins provided for the event? Provide number of recycle bins: / Will all portable toilets have secondary containment trays? (exceptions forADA compliant portable toilets) / Do all storm drains have screens to temporarily protect trash and debris from entering? Are spill cleanup kits readily available at designated spots? / * A Post -Event Storm Water Compliance Checklist will be completed by City Staff. 9 184 of 491 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. The insurance 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: e(/%� Person in Charge of Activity; Address: Telephone: O vJ-•7e2/352-/ 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 Applican Official Title: Date: For Office Use Only Certificate of Insurance Approved Date 10 185 of 491 Description of Event Fun Inflatable Slides, LLC is an amusement park with multiple commercial -grade inflatable slides of varying sizes open to the public. The location is the parking lot of Plaza Bonita, located at the northeast corner, accessible via Sweetwater Road. The area will be secured with a perimeter chain -link construction fence, and entrance on the west side and an emergency exit on the east side. The emergency exit will be easily opened from the inside. The surface area will be covered in entirety with a carpeting and or synthetic carpet. d There will be 2 portable bathrooms with regular cleaning service as required. The inflatable play areas or slides are made for heavy use and can accommodate children and adults of all sizes. Sizes of the slides will be as long as 35 feet and 35 feet high. The inflatables will be set in a specific designated area as per the diagram attached. Each inflatable is secured to the ground as per instructions and best practice suggestions from the manufacturer. The VIP area will be comprised of 2 independent party areas and a sofa area. The party areas will include 2 plastic portable tables with 20 plastic portable chairs each. The sofa area will have 2 imitation leather sofas. The VIP area will be under a 20 foot by 20 foot tent, which is supported by metal framing and shall be assembled and secured to the ground per manufacturer specifications. The generator will be stored in an independently gated area outside of the designated play area. The generator area will be secured via locks and secured area signage. The entrance will have a 10 foot by 10 tent supported with metal framing and shall be assembled and secured to the ground per manufacturer specifications. The entrance will compromise of an area to collect fees for entrance, along with merchandise for sale, snacks and non- alcoholic beverages for sale. Fire extinguishers Color Key Green — carpeting Pink — Inflatables Yellows —Tables White — VIP Tent Blue -principal entrance and emergency exit Black- Restrooms Orange- generator 11 186 of 491 ACORE CERTIFICATE OF LIABILITY INSURANCE .--` DATE (MMIDDrYYY) 11/19/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING 1NSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). Mainline Insurance Servic P:O. Box 12D640 Chula Vista CA 91912 COPRODUCER NAME' Ramses Ramses G. Hernandez PHON �A1C0 N . EYq' (88$) 467 6612 (Ali NO(877) 467-6610 E-MAIL ramses@mainline-ins.com INSURER(SI AFFORDING COVERAGE NAIC fR INSURER A :Covington Specialty Insurance Company , INSURED FUN INFLATABLE SLIDES 1037 National ave San Diego CA 92113- INSURERS : INSURERC: INSURER D: INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRUNSID TYPE OF INSURANCE ADM. SUER Mr) POLICY NUMBER POLICY EFF POLICY EXP (MMIDDIYYYY) , LIMITS X COMMERCIAL GENERAL LIABILITY X SAMPLE QUOTE ONLY _IMM/DDNYYYI For Quole Only For Quote Only EACH OCCURRENCE $ 1,000,000 PR DAMAGE SES (Ea occurrence) $ 50,000 CLAIMS -MADE X OCCUR MED EXP (Any one parson) $ 5,000 PERSONAL & ADV INJURY $ 100,000 GENERAL AGGREGATE $ 2,000,000 GEN'L X AGGREGATE POLICY , OTHER, LIMITAPPLIES PRO- PER: PRODUCTS-COMP/OPAGG $ 2,000,000 $ AUTOMOBILE — LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY — SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Fa arrldent) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB — OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN N / A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L, DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Plaza Bonita LLC, Westfield America, Inc., Westfield America Limited Partnership and Westfield Properly Management LLC are named as additonal insured, as required by written contract. CERTIFICATE HOLDER CANCELLATION Al 013061 Westfield Plaza Bonita 3030 Plaza Bonita Rd Ste 2075 National City CA 91950- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WELL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights r The ACORD name and logo 13 egistered marks of ACORD 188 of 491 ACORb CERTIFICATE OF LIABILITY INSURANCE t DATE(MMIDDNYYYY) 11 /19/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Mainline Insurance Servic P.O. Box 120640 Chula Vista CA 91912 CONTACT Ramses G. Hernandez NA MEt PHONE (888) 467-6612 Fax (877) 467-6610 PAL ND, g.q1(AIC�NeI: EMAIL ramses@mainline-ins.com ADDRESS. INSURER(S) AFFORDING COVERAGE NAIC # INSURERA :Covington Specialty Insurance Company INSURED FUN INFLATABLE SLIDES 1037 National ave San Diego CA 92113- INSURER B : INSURERC: INSURER D : INSURER E: INSURER F : CERTIFICATE NUMBER: REVISION NUMBER: VW V L,sn Jl_V THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, IN TYPE OF INSURANCE ADDL IMS'b SUER ma. POLICY NUMBER POLICY EFF (MMIDDIVYYY) POLICY EXP IP 1IDDIYYYYI LIMITS LTR X COMMERCIAL GENERAL LIABILITY X SAMPLE QUOTE ONLY For Quote Only For Quote Only EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED (Fa occurrence) $ 50,000 CLAIMS -MADE X OCCUR __Q.EFMISFR MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 100,000 GENERAL AGGREGATE $ 2,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES PRO- JECT PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 AUTOMOBILE — LIABILITY ANY AUTO OWNED — _ SCHEDULED AUTOS NON -OWNED AUTOS ONLY FOMBINdEEDeal} SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE accident) $ _,_(Per UMBRELLA LIAB EXCESS LAB O OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICERJMEMBER EXCLUDED? (Mandatary in NH) If yes, describe under H IA PER FORH E.L. EACH ACCIDENT $ E.L. DISEASE- EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS !LOCATIONS / VEHICLES (ACORD 401, Additional Remarks Sohndale, may be attached if more space Is required) Plaza Bonita LLC, Westfield America, Inc., Westfield America Limited Partnership and Westfield Property Management LLC are named as additonal insured, as required by written contract. di n44r1A4 CERTIFICATE HOLDER CANCEL Westfield Plaza Bonita 3030 Plaza Bonita Rd Ste 2075 National City CA 91950- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 01988-2015 ACORD CORPORATION. All rights The ACORD name and logo 14 egistered marks of ACORD 189 of 491 estiieId November 26, 2018 City of National City Attention: Vianey Rivera Neighborhood Services Division 1243 National City Boulevard National City, California 91950-4301 Re: Temporary Use Permit Fun Inflatables LLC — Westfield Plaza Bonita Dear Ms. Rivera: Westfield Plaza Bonita 3030 Plaza Bonita Road Suite 2075 San Diego, CA 91950 T (619) 267-2850 F (619) 472-5652 I hereby authorize Ruth Medina, acting as representative of Fun Inflatables, LLC, to operator a business known as Fun Inflatables in parking lot #7 at Westfield Plaza Bonita during the dates of March 1, 2019 — August 31, 2019. Ruth Medina has permission to install temporary power to poles in parking lot #7 to provide power during the temporary use time if adequate power is not already in place. Ruth Medina will obtain all necessary permits from National City for occupancy at Westfield Plaza Bonita. Please feel free to call me if you have any questions at 619.267.2850. Sincerel Gen-ral Manager Westfield Plaza Bonita Cc: retailers file 15 190 of 491 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Fun Inflatable Slides EVENT: Inflatable Event DATE OF EVENT: March 1, 2019 — August 25, 2019 APPROVALS: DEVELOPMENT SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE POLICE CITY ATTORNEY COMMUNITY SERVICES NEIGHBORHOOD SERVICES YES [ x ] NO [ YES [ x ] NO [ YES [x] NO [ YES [ x ] NO [ YES [ x ] NO [ YES [ x ] NO [ YES [ x ] NO [ YES [x] NO [ YES [ x ] NO [ SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 Building No comments Planning • Any speakers or lights, if used, shall face away from residential areas. • All activities shall comply with the limitations contained in Table III of NCMC Title 12 (Noise) Engineering No comments CITY ATTORNEY Approved on condition that Risk Manager approves. COMMUNITY SERVICES No involvement 16 191 of 491 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. POLICE DEPARTMENT The police department has no stipulations regarding this event. FINANCE Fun Inflatable Slides has a current business license. No further comments. RISK MANAGER (619) 336-4370 Risk Management has reviewed the above captioned application for the issuance of a Temporary Use Permit. In as much as the event will held solely on private property there will be no additional insurance requirements necessary for the issuance of the permit. It should be noted that the Hold Harmless and Indemnification Agreement were properly executed by the applicant at the time the Special Event Application was submitted. PUBLIC WORKS (619)366-4580 No involvement 17 192 of 491 FIRE (619) 336-4550 INSPECTION REQUIRED $200.00 INSPECTION FEE FOR INSPECTIONS OCCURING AFTER HOURS OR ON WEEKENDS OR HOLIDAYS. $400 FEE FOR CANOPIES TOTAL $600 Stipulations required by the Fire Department for this event are as follows: 1) Access to the area to be maintained at all times, entrances and emergency roadways 2) Fire Department access into and through event 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 less than 14 feet 3) Fire Hydrants shall not be blocked or obstructed 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s) 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s) 5) Vehicles shall be isolated from contact with the tents, canopies or membrane structures. Vehicles shall be at least 20 feet away from tents, canopies and membrane structures 8) Provide a minimum of 2A:10BC fire extinguishers throughout area. Extinguisher to be mounted in a visible location between 3'/2`to 5' from the floor to the top of the extinguisher (See Attached). Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. A sign describing location of extinguisher (Fire Extinguisher) shall be placed immediately above the fire extinguisher 7) Every room or space, shall have the occupant load of the space posted in a conspicuous place, near the main exit or exit access doorway from the room or space. Posted signs shall be of an approved legible permanent design and shall be maintained by the owner or authorized agent. The maximum occupant load of this space shall be based on room set-up and items placed inside tents or canopies. The maximum occupancy load shall be posted by the Building or 18 193 of 491 Fire Official based on room configuration. At no time shall the owner or agent allow the posted occupant load to be exceeded 8) Exits shall be clearly marked. Exit signs shall be installed at required exit doorways and where otherwise necessary to indicate clearly the direction of egress when the exit serves and occupant of 50 or more. Exits, aisles and passageways shall not be blocked or have their minimum clear width obstructed in any manner 9) The arrangement of aisles shall be subject to approval by the building and fire code official, and shall be maintained clear at all times during occupancy 10) The floor surface and grounds outside shall be kept clear of combustible waste. Such waste shall be stored in approved containers until removed from the premises 11) Smoking shall not be permitted in amusement area. Approved "No Smoking" signs shall be conspicuously posted 12) Internal combustion power sources that may be used for "Emergency Power" shall be of adequate capacity to permit uninterrupted operation during normal operating hours 13) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure 14) A drip pan shall be used to capture oils and fuel lost during normal operation 15) Diesel fuel stored, shall be no more than 10 gallons of fuel. Diesel fuel shall be stored no closer than 20 feet from generator 16) Diesel fuel shall be protected from impact of surrounding vehicles and machinery (20 feet). Container holding fuel, shall meet all state and federal guidelines for holding vessel and storage 17) Approved holding vessel (container) shall be labeled (DOT) so as to describe its contents. Label shall be visible to all oncoming emergency personal 18) Diesel fuel container shall have secondary containment to meet code 19) Diesel fuel container shall be bonded and grounded to meet code 20) Dispensing of fuel shall meet code requirements for the correct dispensing of flammable and combustible liquids. Gravity style dispensing apparatus shall not be used 19 194 of 491 21) Provide a 2A:10BC fire extinguisher at entrance to generator. Extinguisher to be mounted in a visible location between 31/2`to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance 22) Any electrical power used, is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only, and shall be protected so as not to create a tripping hazard to the public. Consult building official for requirements and inspection of possible temporary power/electrical 23) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event 24) Entire air supported structure systems shall be inspected at regular intervals throughout the permit use period, by the permittee, owner or agent to determine that the installation is maintained in accordance with Chapter 34 of the 2013 California Fire Code 25) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($200.00) dollars. Please contact the National City Fire Department to arrange a time for inspection. Periodic inspections will be conducted by the National City Fire Department for this event 26) Fire Department fees can only be waived by City Council 27) 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 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. Certificate of State Fire Marshal flame resistance shall be provided to the National City Fire Department if applicable. Fees can only be waived by City Council. Canopies: Tents: 0 — 400 sf - $0 401 — 500 sf - $353.00 501 — 600 sf - $394.00 601 — 700 sf - $515.00 20 195 of 491 0 —200 sf - 20 t — (+) sf - $300.00 $600.00 28) A permit for the projected canopies/tents shah be four hundred ($400.00) dollars. Approval Contingent Upon Final Field Inspection and Compliance With All Applicable Codes and Ordinances If you have any questions please feel free to contact me. 21 196 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 197 The following page(s) contain the backup material for Agenda Item: Warrant Register #21 for the period of 11/14/18 through 11/20/18 in the amount of $1,955,739.55. (Finance) Please scroll down to view the backup material. 197 of 491 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 22, 2019 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #21 for the period of 11/14/18 through 11/20/18 in the amount of $1,955,739.55. (Finance) PREPARED BY:Karla Apalategui, Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 11/14/18 through 11/20/18. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Kimley Horn 339623 Project Professionals Corp 339634 Adminsure Inc 851610 Public Emp Ret System 11142018 105,944.59 70,766.40 96,235.00 239,206.96 Sweetwater Final Design Paradise Creek Park II Project/Eng W/C Acct Replenishment Oct 2018 Service Period 10/09/18 — 10/22/18 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,955,739.55. APPROVED: Ld'�/a �a 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 $1,955,739.55 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 21 198 of 491 PAYEE AARBLLC ABIVA FAMILY TRUST 05-12-05 ADDLESON ERNEST J & ELLEN N TRUST ADLER HOWARD TRUST 11-23-99 AGUILERA ANTONIO R & ELODIA 0 ANKUR HOSPITALITY INC B F C-FASHIONWALK LLC BANK OF AMERICA NATIONAL TRUST BASCO LAMBERTO M & AGNES M TRUST BRIDGE BANK C/O CLARK TRACY C BROCK PAUL R LIVING TRUST 12-2 BROWDER JOSEPH M BROWDER JOSEPH M BYRD BARBARA J CANNON FAMLY TRUST 02-01-93 CARPE DIEM HOSPITALITY L L C CLARK DONALD M COATS LEON SR COMMUNITY YOUTH ATHLETIC CENTER CRIVELLO FAMILY TRUST 08-08-74 CURLAN LTD DNSAINC DAVLS ROGER W JR & NORMELI A A DEMEO FRED INC DOBBIN INTERVIVOS TRUST 10-23 DUCAY SONNY V & ROSARIO T DYE MARIA A D ESTRADA DALAL K ESTRADA JANDIZ FRATERNAL ORDER OF EAGLES AERIAL FUENTECILLA CARMEL F TRUST FUENTECILLA DELIA F FUENTECILLA MERLINA F GENERAL BEAD GLASS PAMELA J AND DAKAN HEATH GONZALES GEORGE R GRAHAM DAVID M HAN ALEX K HARBOR VIEW CONDO PROJECT LLC HATZKILSON GRAEME D HERCE ROLANDO G & GLORIA E REV HG-8TH & ROOSEVELT L L C HOLLMAN MARCOS IANNICCA RICHARD R & VICTORIA JACKEL DONALD TRUST 11-22-89 KABEER INVESTMENTS GROUP INC -e CALIFORNIA - NATIONAL CITY LtLt ,� INCORPOFtATEP WARRANT REGISTER # 21 11/20/2018 DESCRIPTION CHK NO DATE AMOUNT MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339507 11/20/18 3,936.98 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339508 11/20/18 168.84 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339509 11/20/18 991.79 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339510 11/20/18 3,341.67 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339511 11/20/18 2,294.37 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339512 11/20/18 2,184.19 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339513 11/20/18 5,465.49 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339514 11/20/18 3,452.14 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339515 11/20/18 168.84 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339516 11/20/18 331.76 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339517 11/20/18 557.68 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339518 11/20/18 168.84 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339519 11/20/18 518.29 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339520 11/20/18 757.93 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339521 11/20/18 264.41 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339522 11/20/18 4,925.63 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339523 11/20/18 431.50 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339524 11/20/18 168.84 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339525 11/20/18 892.95 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339526 11/20/18 355.89 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339527 11/20/18 3,683.01 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339528 11/20/18 3,193.57 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339529 11/20/18 168.84 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339530 11/20/18 3,025.45 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339531 11/20/18 1,078.67 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339532 11/20/18 1,847.62 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339533 11/20/18 168.84 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339534 11/20/18 168.84 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339535 11/20/18 168.84 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339536 11/20/18 1,279.78 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339537 11/20/18 168.84 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339538 11/20/18 168.84 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339539 11/20/18 168.84 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339540 11/20/18 1,748.59 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339541 11/20/18 557.68 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339542 11/20/18 168.84 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339543 11/20/18 1,478.58 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339544 11/20/18 168.84 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339547 11/20/18 16,021.98 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339548 11/20/18 168.84 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339549 11/20/18 288.64 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339550 11/20/18 4,486.70 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339551 11/20/18 168.84 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339552 11/20/18 168.84 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339553 11/20/18 1,979.22 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339554 11/20/18 5,045.94 1/4 199 of 491 PAYEE KENNEDY FAMILY TRUST 12-30-96 KOCH ERIC C LAGAZO JAMES AND LAGAZO FAUSTO LIEN HOWARD & NANCY T A LINDELOF LUCILLE M TRUST 09-25 LIU NATHANIEL & LEAH MASTER DC LLC MCBRIDE FAMILY TRUST 05-22-91 MCGRATH CHARLES P MEINTS CARLYLE M TR AND MEINTS MORCOS NASHAAT M S & SAMIA S NATIONAL CITY BOULEVARD L L C NATIONAL CITY CHAMBER OF COMMERCE NAVARRA MARITAL EXEMPT TRUST 1 NIEDERFRANKS ICE CREAMS OJEDA JUAN OLIVARES ELIAS & MARIA PCAMLLC PACIFICA BAY VIEW LLC PACIFICA HARBOR VIEW ONE L P PATEL DIPAK R PIERCE KATHLEEN D RODRIGUEZ EDNA SANDS ADA P AND LAHTI REVOCABL SARDO LIVING REVOCABLE TRUST 0 SATNAAM HOTELS INC SUPER 8 SCHELLENBERG SARAH J AND NICDA SCHLOTZHAUER FAMILY TRUST 11-1 SCHMIDT ARNOLD & VALERIE REVOC SERRATOS PROPERTIES L L C SESE REDENTOR P & MARIA V J SHAMOO JONATHAN K ST GERMAIN LORRE M AND ST GERM STEWART ELLEN R FAMILY TRUST 2 STRAUSER M DALIA TIBBETT FAMILY TRUST 01-15-02 TIGER TRUST 12-05-02 C/O DOLOR TORRES JUAN & DIGNORA LIVING T UNION BANK OF CALIFORNIA N A VOGEL MARC & DEBBIE FAMILY TRUST VARGAS ELADIA B & ENRIQUE WILD ERICH AND YUTSUS GERTRUD WONG YON PON & TERESA WONG YON PON & TERESA XIE YIDONS ZIMAN ALLAN & HELENE B -e CALIFORNIA - NATIONAL CITY LtLt ,� INCORPOFtATEP WARRANT REGISTER # 21 11/20/2018 DESCRIPTION CHK NO DATE AMOUNT MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339555 11/20/18 1,280.65 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339556 11/20/18 168.84 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339557 11/20/18 168.84 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339558 11/20/18 886.16 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339559 11/20/18 198.62 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339560 11/20/18 1,778.39 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339561 11/20/18 318.07 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339562 11/20/18 376.77 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339563 11/20/18 168.84 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339564 11/20/18 1,750.69 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339565 11/20/18 168.84 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339566 11/20/18 360.06 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339567 11/20/18 1,115.26 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339568 11/20/18 1,169.70 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339569 11/20/18 883.14 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339570 11/20/18 168.84 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339571 11/20/18 168.84 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339572 11/20/18 492.55 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339575 11/20/18 17,390.52 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339576 11/20/18 16,029.52 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339577 11/20/18 488.54 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339578 11/20/18 1,135.83 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339579 11/20/18 168.84 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339580 11/20/18 848.60 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339581 11/20/18 434.01 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339582 11/20/18 1,661.31 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339583 11/20/18 168.84 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339584 11/20/18 168.84 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339585 11/20/18 488.54 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339586 11/20/18 457.08 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339587 11/20/18 168.84 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339588 11/20/18 168.84 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339589 11/20/18 168.84 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339590 11/20/18 848.60 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339591 11/20/18 337.68 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339592 11/20/18 459.00 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339593 11/20/18 1,103.61 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339594 11/20/18 2,563.69 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339595 11/20/18 3,398.22 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339596 11/20/18 178.47 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339597 11/20/18 168.84 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339598 11/20/18 1,402.00 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339599 11/20/18 831.12 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339600 11/20/18 651.64 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339601 11/20/18 168.84 MORGAN SQUARE PROPERTY ASSESSMENT REFUND 339602 11/20/18 187.99 2/4 200 of 491 PAYEE ARCHIBALD SHEET METAL ASSI SECURITY INC AT&T AT&T AZTEC APPLIANCE BLAZENSKI, MICHAEL CALIFORNIA AIR COMPRESSOR CO CHILDREN'S HOSPITAL CIRCULATE SAN DIEGO CITY OF IMPERIAL BEACH CLF WAREHOUSE INC COX COMMUNICATIONS CWEA SAN DIEGO DANIELS TIRE SERVICE DOKKEN ENGINEERING DURON, C FLORES CLARK, J HAYWARD, DOUGLAS ROBERT HOME DEPOT CREDIT SERVICES HUERTA JR. R KIMLEY HORN LEFORTS SMALL ENGINE REPAIR MASON'S SAW MEGLA MANUFACTURING INC MEYERS NAVE MOSSY NISSAN NAN MCKAY AND ASSOCIATES INC NIEBLAS, J ORKIN PARTS AUTHORITY METRO LLC PRO BUILD PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RANDALL LAMB ASSOCIATES INC RELY ENVIRONMENTAL ROADONE SAM'S ALIGNMENT SCST INC SDG&E SITEONE LANDSCAPE SUPPLY LLC SLADE, J SMART & FINAL SOUTHERN CALIF TRUCK STOP SPEEDPRESS STC TRAFFIC SUPERIOR READY MIX -e CALIFORNIA -- NATIONAL Crry a 5 '5 1 INCORPORATED WARRANT REGISTER # 21 11/20/2018 DESCRIPTION 8TH ST.BRIDGE GATEWAY SIGN CITY WIDE DOOR SECURITY SERVICES AT&T SBC PHONE SERVICE OCTOBER AT&T SBC PHONE SERVICE NOVEMBER CITY WIDE APPLIANCE PURCHASES FOR FY COORDINATE ANNUAL AUDIT & CAFR AIR FILTER / PW SAFEROUTE TO SCHOOL PROJECT ACTIVE TRANSPORTATION PLANNING PROJECT SD BAY WATERSHED FY2019 MOP 80331 AUTO SUPPLIES - PW COX DATA VIDEO SERVICES NOVEMBER WASTEWATER COLLECTIONS WORKSHOP / PW TIRES FOR CITY FLEET FOR FY 2019 PLAZA BLVD. PROJECT EDUCATION REIMBURSEMENT REIMB / SUPPLIES FOR STATE OF THE CITY A REFUND FOR OVERPAID BUSINESS TAX, ACCT 1 FENCING MATERIAL / PW SAFETY APPAREL REIMBURSEMENT / HUERTA SWEETWATER FINAL DESIGN MOP 80702 AUTO SUPPLIES - PW MOP 45729 LANDSCAPE SUPPLIES - PW FABRICATION, WELDING, ASSEMBLY ANGLE LABOR RELATIONS & NEGOTIATIONS SERVICES PARTS - BRACKET, CLIP, LOCKED TRUNK REGISTRATION FEE FOR HCV FINANCIAL MGMT LIABILITY CLAIM COST PEST CONTROL SERVICES MOP 75943 AUTO SUPPLIES - PW MOP 45707. SUPPLIES FOR FACILITIES PARADISE CREEK PARK III PROJECT-ENG MOP 45742 LAUNDRY SVC - PW ENERGY RETROFIT CONTRACTING HAZARDOUS WASTE PICKUP / ENG MOP 75948 ROADSIDE SERVICES - PW WHEEL ALIGNMENT SERVICE FOR CITY CITYWIDE ALLEY IMPROV. SDG&E UTILITIES FOR FACILITIES FY 2019 MOP 69277 LANDSCAPE SUPPLIES - PW TRAVEL REIMBURSEMENT -ENG MOP #45756/OFFICE SUPPLIES/HR MOP45758 AUTO SUPPLIES - PW FRAME / STREETS FIBER OPTIC TS INTERC. / PW DECOMPOSED GRANITE / PW CHK NO DATE AMOUNT 339603 11/20/18 8,896.00 339604 11/20/18 2,810.00 339605 11/20/18 2,240.50 339606 11/20/18 80.23 339607 11/20/18 1,130.30 339608 11/20/18 2,012.50 339609 11/20/18 78.30 339610 11/20/18 29,783.81 339611 11/20/18 8,255.17 339612 11/20/18 16,561.00 339613 11/20/18 76.43 339614 11/20/18 4,949.01 339615 11/20/18 100.00 339616 11/20/18 234.05 339617 11/20/18 3,025.75 339618 11/20/18 165.00 339619 11/20/18 239.20 339620 11/20/18 30.00 339621 11/20/18 546.11 339622 11/20/18 125.00 339623 11/20/18 105, 944.59 339624 11/20/18 47.85 339625 11/20/18 14.30 339626 11/20/18 2,055.00 339627 11/20/18 18, 945.79 339628 11/20/18 11,102.30 339629 11/20/18 1,485.00 339630 11/20/18 105.60 339631 11/20/18 957.00 339632 11/20/18 115.60 339633 11/20/18 0.53 339634 11/20/18 70,766.40 339635 11/20/18 162.35 339636 11/20/18 6,921.70 339637 11/20/18 3,241.00 339638 11/20/18 40.00 339639 11/20/18 40.00 339640 11/20/18 1,208.75 339641 11/20/18 2,219.11 339642 11/20/18 991.50 339643 11/20/18 107.46 339644 11/20/18 25.54 339645 11/20/18 131.76 339646 11/20/18 271.73 339647 11/20/18 6,170.20 339648 11/20/18 380.72 3/4 201 of 491 PAYEE SWEETWATER AUTHORITY THE STAR NEWS TODD PIPE & SUPPLY LLC UBIQUS REPORTING INC UNITED LABORATORIES INC UNITED ROTARY BRUSH CORP VERIZON WIRELESS WALMART WAXIE SANITARY SUPPLY WILLY'S ELECTRONIC SUPPLY ZAPPIELLO. L WIRED PAYMENTS PAYCHEX BENEFIT TECH INC ADMINSURE INC ARCO BUSINESS SOLUTIONS PUBLIC EMP RETIREMENT SYSTEM PAYROLL Pay period Start Date 24 11/6/2018 -e CALIFORNIA -- NATIONAL Cfry a 5 '5 1 INCORPORATED WARRANT REGISTER # 21 11/20/2018 DESCRIPTION WATER SERVICES FOR FACILITIES FY 2019 ADVERTISING NOTICES FOR FY19 CITY WIDE PLUMBING MATERIALS TRANSCRIPTION SVCS - INVEST. INTERVIEW / HR MULBERRY SOAP / PW STREET SWEEPER REPAIRS AND MAINTENANCE VERIZON CELLULAR SERVICES FOR OCTOBER GIFT CARDS FOR STORMWATER CALENDAR MISCELLANEOUS JANITORIAL SUPPLIES / PW MOP #45763/ELECTRONIC SUPPLIES/MIS TRAVEL REIMBURSEMENT - ENG BENETRAC ESR SVCS BASE FEE NOV 2018 W/C ACCT REPLENISHMENT OCT 2018 FUEL FOR CITY FLEET OCTOBER 2018 SERVICE PERIOD 10/09/18 - 10/22/18 End Date Check Date 11 / 19/2018 11/28/2018 CHK NO DATE AMOUNT 339649 11/20/18 1,128.98 339650 11/20/18 994.25 339651 11/20/18 3,503.96 339652 11/20/18 497.00 339653 11/20/18 242.29 339654 11/20/18 943.93 339655 11/20/18 1,032.14 339656 11/20/18 500.00 339657 11/20/18 2,415.07 339658 11/20/18 144.96 339659 11/20/18 188.26 A/P Total 469,370.31 171942 11/16/18 538.65 851610 11/14/18 96,235.00 851661 11/14/18 34,675.81 11142018 11/14/18 239,206.96 1,115,712.82 GRAND TOTAL $1,955,739.55 4/4 202 of 491 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, DIRECTOR OF FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN RONALD J. MORRISON, VICE -MAYOR JERRY CANO, MEMBER MONA RIOS, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 22ND OF JANUARY 2019. AYES NAYS ABSENT 203 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 204 The following page(s) contain the backup material for Agenda Item: Warrant Register #22 for the period of 11/21/18 through 11/27/18 in the amount of $305,820.31. (Finance) Please scroll down to view the backup material. 204 of 491 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 22, 2019 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #22 for the period of 11/21/18 through 11/27/18 in the amount of $305,820.31. (Finance) PREPARED BY:Karla Apalategui, Accounting Assistant PHONE: 619-336-4572 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 11/21/18 through 11/27/18. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Exos Community Services 339679 DEPARTMENT: Finance APPROVED BY: 134,406.67 August Professional Services / CSD SDG&E 339707 75,093.09 SDG&E Utilities for Facilites FY19 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $305,820.31. APPROVED: `i'*Q 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 $305,820.31 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 22 205 of 491 PAYEE ANTHONY KIAH BLAZENSKI, MICHAEL THE BIOCLEAN TEAM AIRGAS USA LLC AYDELOTTE, D BASILE CONSTRUCTION INC BOOT WORLD CALIFORNIA ELECTRIC SUPPLY CASTILLO, DANIEL CHRISTENSEN & SPATH LLP CITY OF NATIONAL CITY CLEAR WATER TECHNOLOGIES LLC CLF WAREHOUSE INC COUNTYWIDE MECHANICAL CV VENTURES LLC DATA TICKET INC DELGADO, E DIAMOND ENVIRONMENTAL SVCS ENTERPRISE FLEET MANAGEMENT EXOS COMMUNITY SERVICES LLC EXPRESS PIPE AND SUPPLY FERGUSON ENTERPRISES 1350 FUN EXPRESS LLC GAMWELL, M GRAINGER HOME DEPOT CREDIT SERVICES HUTCHINSON, C IRON MOUNTAIN MENDIVIL, A MUNICIPAL CODE CORPORATION NAGLE, D NAPA AUTO PARTS NATIONAL CITY CAR WASH NATIONAL CITY TROPHY NBS PACIFIC AUTO REPAIR PARTS AUTHORITY METRO LLC PRO BUILD PRUDENTIAL OVERALL SUPPLY QUAL CHEM CORPORATION REEDER, M ROUNDS, R ROUSTON, B SAN DIEGO BEACH RIDES SAN DIEGO FAMILY MAGAZINE LLC SAN DIEGO MIRAMAR COLLEGE - -- CALIFORNIA -NATIONAL CITy INCORPOFtATEP WARRANT REGISTER # 22 11/27/2018 DESCRIPTION REFUND C&D DEPOSIT T&A 99380 COORDINATE AUDIT OF FINANCIAL RECORDS EMERGENCY ABATEMENT & REMOVAL / HOUSING MOP 45714 GENERAL SUPPLIES - PW TRAINING REIM SLI8 / AYDELOTTE EMERGENCY SEWER REPAIR MOP 64096 SAFETY APPAREL - PW MOP 45698 GENERAL SUPPLIES - PW DJ/MC FOR A KIMBALL HOLIDAY / CSD PROFESSIONAL SERVICES- ENG/PW NBS GOVT - LANDSCAPE MAINTENANCE DISTRICT CITYWIDE WATER TREATMENT SERVICES MOP 80331 AUTO SUPPLIES - PW HVAC MAINTENANCE AND REPAIR FY 2019 DUCK POND FAIR SHARE 2ND QTR. DATA TICKET PARKING ENFORCEMENT CITE - NSD REIMBURSEMENT SUPPLIES FOR KIMBALL HOLIDA'y PORTABLE RESTROOMS / KIMBALL HOLIDAY ENTERPRISE FLEET LEASE AND MAINT-ENG AUGUST PROFESSIONAL SERVICES / CSD CITY WIDE PLUMBING MATERIALS / PW MOP 45723 GENERAL SUPPLIES - PW ARTS AND CRAFTS SUPPLIES FOR CAMACHO PARADISE CREEK EDUC. MOP 65179 GENERAL SUPPLIES - PW GENERAL SUPPLIES NEEDED FOR BUILDING MILEAGE REIMBURSEMENT - ENG RECORD MANAGEMENT AND STORAGE FOR FY19 PARKING REIMBURSEMENT / MENDIVIL MUNICIPAL CODE SUPP 50 UPDATE 2 FY19 TRAINING REIM FTO UPDATE/ NAGLE D MOP 45735 GENERAL SUPPLIES - PW CAR WASH SERVICES FOR CITY FLEET FY 2019 MOP 66556 GENERAL SUPPLIES - PW NBS - LANDSCAPE MAINTENANCE DISTRICT SMOG CERTIFICATION / REPAIRS FOR CITY MOP 75943 AUTO SUPPLIES - PW MOP 45704 GENERAL SUPPLIES - PW MOP 69277 LANDSCAPE SUPPLIES - PW GRANULAR SEWER LINE MAINTAINER REIMBURSEMENT APA CONFERENCE / REEDER TRAINING ADV LOD LAPD LDERSHP/ROUNDS MILEAGE REIMBURSEMENT / PW BOB SLEIGH RENTAL FOR A KIMBALL HOLIDAY MARKETING AD FOR A KIMBALL HOLIDAY TRAINING ACADEMY UNITS/CRUZ CHK NO DATE AMOUNT 339660 11/27/18 714.40 339661 11/27/18 2,712.50 339662 11/27/18 9,748.00 339663 11/27/18 228.44 339664 11/27/18 199.99 339665 11/27/18 6,897.65 339666 11/27/18 232.64 339667 11/27/18 345.83 339668 11/27/18 1,500.00 339669 11/27/18 56.25 339670 11/27/18 1,212.67 339671 11/27/18 580.00 339672 11/27/18 418.48 339673 11/27/18 695.00 339674 11/27/18 1,916.10 339675 11/27/18 2,196.17 339676 11/27/18 505.61 339677 11/27/18 480.79 339678 11/27/18 15,247.30 339679 11/27/18 134,406.67 339680 11/27/18 84.39 339681 11/27/18 157.28 339682 11/27/18 200.40 339683 11/27/18 129.99 339684 11/27/18 2,041.62 339685 11/27/18 489.80 339686 11/27/18 21.08 339687 11/27/18 185.40 339688 11/27/18 20.00 339689 11/27/18 266.28 339690 11/27/18 403.83 339691 11/27/18 186.31 339692 11/27/18 515.00 339693 11/27/18 113.48 339694 11/27/18 1,732.47 339695 11/27/18 973.50 339696 11/27/18 150.28 339698 11/27/18 8,256.86 339699 11/27/18 569.36 339700 11/27/18 532.97 339701 11/27/18 55.00 339702 11/27/18 694.14 339703 11/27/18 15.48 339704 11/27/18 850.00 339705 11/27/18 705.00 339706 11/27/18 184.00 1/2 206 of 491 PAYEE SDG&E SDTTC SITEONE LANDSCAPE SUPPLY LLC SMART SOURCE OF CALIFORNIA LLC SOUTHERN CALIF TRUCK STOP SPARKLETTS STAPLES BUSINESS ADVANTAGE STAPLES BUSINESS ADVANTAGE STC TRAFFIC SUPERIOR READY MIX SWEETWATER AUTHORITY T MAN TRAFFIC SUPPLY THE LIGHTHOUSE INC THE STAR NEWS TOPECO PRODUCTS U S BANK UNDERGROUND SERVICE ALERT VALLEY INDUSTRIAL SPECIALTIES VISTA PAINT WAXIE SANITARY SUPPLY WESTFLEX INDUSTRIAL WRIGHT, E -e CALIFORNIA NATIONAL CITy INCORPOFtATEP WARRANT REGISTER # 22 11/27/2018 DESCRIPTION SDG&E UTILITIES FOR FACILITIES FY 2019 PROPERTY TAX FOR 420 W 21 ST ST- ENG MOP 69277 LANDSCAPE SUPPLIES - PW TOW AWAY NO PARKING SIGNS / PW MOP 45758 AUTO SUPPLIES - PW WATER SERVICE/ OCTOBER 2018 ZEBRA ZT200 SERIES PRINTERS / PD MOP 45704. OFFICE AND EVENT SUPPLIES / CSD HIGHLAND AND E. 28TH ST. COLD MIX ASPHALTS,TACK OIL, 3/8 SHEET WATER SERVICES FOR FACILITIES FY 2019 MOP 76666 TRAFFIC SUPPLIES - PW MOP 45726 AUTO SUPPLIES - PW STAR NEWS - PUBLIC NOTICE MOP 63849 GENERAL SUPPLIES - PW US BANK CREDIT CARD SERVICE UNDERGROUND SERVICE ALERT FOR FY 2019 MOP 46453 GENERAL SUPPLIES - PW MOP 68834 PAINT SUPPLIES - NSD MISCELLANEOUS JANITORIAL SUPPLIES MOP 63850 AUTO SUPPLIES - PW REIMBURSEMENT ITEMS FORA KIMBALL HOLIDAY 339729 CHK NO DATE AMOUNT 339707 11/27/18 75,093.09 339708 11/27/18 43.92 339709 11/27/18 126.04 339710 11/27/18 3,312.40 339711 11/27/18 113.33 339712 11/27/18 12.00 339714 11/27/18 7,443.53 339715 11/27/18 87.39 339716 11/27/18 3,163.24 339717 11/27/18 190.72 339718 11/27/18 922.66 339719 11/27/18 466.54 339720 11/27/18 15.14 339721 11/27/18 374.12 339722 11/27/18 115.94 339723 11/27/18 3,308.79 339724 11/27/18 366.40 339725 11/27/18 178.28 339726 11/27/18 120.55 339727 11/27/18 2,532.02 339728 11/27/18 142.80 11/27/18 60.00 AJP Total 298,017.31 WIRED PAYMENTS EDD UNEMPLOYMENT INS BENFT JUL THRU SEP 2018 433639 11/23/18 7,803.00 GRAND TOTAL $ 305,820.31 2/2 207 of 491 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, DIRECTOR OF FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN RONALD J. MORRISON, VICE -MAYOR JERRY CANO, MEMBER MONA RIOS, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 22ND OF JANUARY 2019. AYES NAYS ABSENT 208 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 209 The following page(s) contain the backup material for Agenda Item: Warrant Register #23 for the period of 11/28/18 through 12/04/18 in the amount of $4,411,033.38. (Finance) Please scroll down to view the backup material. 209 of 491 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 22, 2019 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #23 for the period of 11/28/18 through 12/04/18 in the amount of $4,411,033.38. (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 11/28/18 through 12/04/18. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Kaiser Foundation HP Kaiser Foundation HP City of San Diego Bank of America Public Emp Ret System Check/Wire 339803 339804 761286 761289 11292018 Amount 191,105.44 189,529.92 1, 337, 858.00 109,983.38 234,776.16 Explanation Group 104220-0002 Dec 2018 Group 104220-0002 Nov 2018 Metropolitan Sewerage System Pmt Energy Efficient Series A Bond Pmt Service Period 10/23/18 — 11/05/18 FINANCIAL STATEMENT: APPROVED: L ' , ACCOUNT NO. APPROVED: Warrant total $4,411,033.38. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION FINANCE MIS STAFF RECOMMENDATION: Ratify warrants totaling $4,411,033.38 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 23 210 of 491 CALIFORNIA ' - PAYEE ACEDO, I ADMINSURE INC ALDEMCO ALDEMCO ALL FRESH PRODUCTS ALL FRESH PRODUCTS ANDERSON, E AT&T AT&T BAVENCOFF JR, D BEARD, P BECK, L BEST BEST & KRIEGER ATTNY LAW BISHOP, R BOEGLER, C BULL, P CAPF CALIFORNIA LAW ENFORCEMENT CARRILLO, R CASAS, LAURA CEKANDER, L CLAIMS MANAGEMENT ASSOCIATES CLEAN HARBORS ENVIRONMENTAL COLE, L COLLINSON, C CONDON, D CORDERO, E CORPUZ, T COUNTY OF SAN DIEGO CSULB FOUNDATION CULLIGAN OF SAN DIEGO DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DANESHFAR, Z DE LAGE LANDEN DELGADO, E DELL MARKETING L P DEPARTMENT OF JUSTICE DESROCHERS, P DI CERCHIO, A DIAZ, M DILLARD, S CITy ancy 1NCORPORATSp WARRANT REGISTER # 23 12/4/2018 DESCRIPTION CHK NO DATE AMOUNT RETIREE HEALTH BENEFITS DEC 2018 339730 12/4/18 160.00 W/C CLAIMS ADM MONTHLY - DEC 2018 339731 12/4/18 7,396.66 FOOD - NUTRITION CENTER 339732 12/4/18 7,500.03 FOOD - NUTRITION CENTER 339733 12/4/18 1,720.72 FOOD - NUTRITION CENTER 339734 12/4/18 2,120.46 FOOD - NUTRITION CENTER 339735 12/4/18 206.91 RETIREE HEALTH BENEFITS DEC 2018 339736 12/4/18 110.00 AT&T SBC PHONE SERVICE OCT 2018 339737 12/4/18 8,345.65 AT&T SBC PHONE SERVICE NOV 2018 339738 12/4/18 405.08 TRAINING ADV LODG PEER SUPPORT ADV / PD 339739 12/4/18 374.00 RETIREE HEALTH BENEFITS DEC 2018 339740 12/4/18 70.00 RETIREE HEALTH BENEFITS DEC 2018 339741 12/4/18 140.00 PROFESSIONAL SERVICES OCT 2018 339742 12/4/18 1,470.80 RETIREE HEALTH BENEFITS DEC 2018 339743 12/4/18 110.00 RETIREE HEALTH BENEFITS DEC 2018 339744 12/4/18 260.00 RETIREE HEALTH BENEFITS DEC 2018 339745 12/4/18 580.00 DECEMBER 2018 - FIRE LTD 339746 12/4/18 931.00 DECEMBER 2018 PD LTD 339747 12/4/18 2,045.75 RETIREE HEALTH BENEFITS DEC 2018 339748 12/4/18 290.00 TRANSLATION SERVICES AS NEEDED FOR FY19 339749 12/4/18 100.00 TRAINING ADV LODG GEOPRAPHIC PROF / PD 339750 12/4/18 685.20 PROFESSIONAL SERVICES OCT 2018 339751 12/4/18 5,800.00 CONTRACT SERVICES / ENG 339752 12/4/18 1,249.15 RETIREE HEALTH BENEFITS DEC 2018 339753 12/4/18 165.00 RETIREE HEALTH BENEFITS DEC 2018 339754 12/4/18 420.00 RETIREE HEALTH BENEFITS DEC 2018 339755 12/4/18 280.00 RETIREE HEALTH BENEFITS DEC 2018 339756 12/4/18 520.00 RETIREE HEALTH BENEFITS DEC 2018 339757 12/4/18 140.00 LICENSING AND PERMITS - NUTRITION 339758 12/4/18 300.00 TRAINING TUITION GEO PROF/CEKANDER/PD 339759 12/4/18 395.00 WATER SOFTNER / NUTRITION 339760 12/4/18 218.00 LIABILITY CLAIM COST NOV 2018 339761 12/4/18 19,301.45 LIABILITY CLAIM COST OCT 31, 2018 339762 12/4/18 3,021.00 LIABILITY CLAIM COST NOV 2018 339763 12/4/18 2,184.58 LIABILITY CLAIM COST NOV 2018 339764 12/4/18 418.00 LIABILITY CLAIM COST NOV 2018 339765 12/4/18 95.00 RETIREE HEALTH BENEFITS DEC 2018 339766 12/4/18 250.00 LEASE 20 SHARP COPIERS 339767 12/4/18 2,939.63 REIMB/PURCHASES FOR KIMBALL HOLIDAY 339768 12/4/18 237.23 ADOBE ETLA CCE CREATIVE CLOUD / MIS 339769 12/4/18 3,247.45 EMPLOYEE FINGERPRINT APPS OCT 2018 339770 12/4/18 192.00 RETIREE HEALTH BENEFITS DEC 2018 339771 12/4/18 110.00 RETIREE HEALTH BENEFITS DEC 2018 339772 12/4/18 70.00 RETIREE HEALTH BENEFITS DEC 2018 339773 12/4/18 680.00 RETIREE HEALTH BENEFITS DEC 2018 339774 12/4/18 480.00 1/4 211 of 491 CALIFORNIA - AT1ONALCI r 11 CORPORA.T>✓p WARRANT REGISTER # 23 12/4/2018 PAYEE DESCRIPTION CHK NO DATE AMOUNT DREDGE, J RETIREE HEALTH BENEFITS DEC 2018 339775 12/4/18 250.00 DUNBAR ARMORED INC ARMORED SERVICES NOV 2018 - FINANCE 339776 12/4/18 292.10 EISER III, G RETIREE HEALTH BENEFITS DEC 2018 339777 12/4/18 250.00 EPLUS TECHNOLOGY INC RNWL B/U REPLICATION ENT 339778 12/4/18 9,900.00 ETZLER, J RETIREE HEALTH BENEFITS DEC 2018 339780 12/4/18 460.00 FABINSKI, D RETIREE HEALTH BENEFITS DEC 2018 339781 12/4/18 220.00 FB PROUCCIONES SINGING SVCS / STATE OF THE CITY ADDRESS 339782 12/4/18 200.00 FEDEX FEDEX PRIORITY OVERNIGHT - COMM SVCS 339783 12/4/18 22.60 FERNANDEZ, R RETIREE HEALTH BENEFITS DEC 2018 339784 12/4/18 270.00 FIFIELD, K RETIREE HEALTH BENEFITS DEC 2018 339785 12/4/18 540.00 FITNESS DIRECT SERVICE DONE ON TREADMILL 339786 12/4/18 89.95 GAUT, A LICENSE REIMBURSEMENT 339787 12/4/18 115.00 GELSKEY, K RETIREE HEALTH BENEFITS DEC 2018 339788 12/4/18 115.00 GIBBS JR, R RETIREE HEALTH BENEFITS DEC 2018 339789 12/4/18 120.00 GONZALES, M RETIREE HEALTH BENEFITS DEC 2018 339790 12/4/18 480.00 HANSON, E RETIREE HEALTH BENEFITS DEC 2018 339791 12/4/18 135.00 HARLAN, M RETIREE HEALTH BENEFITS DEC 2018 339792 12/4/18 500.00 HAUG, S RETIREE HEALTH BENEFITS DEC 2018 339793 12/4/18 120.00 HDL COREN & CONE CONTRACT PROPERTY TAX OCT - DEC 2018 339794 12/4/18 2,814.24 HERNANDEZ, R RETIREE HEALTH BENEFITS DEC 2018 339795 12/4/18 400.00 HODGES, B RETIREE HEALTH BENEFITS DEC 2018 339796 12/4/18 200.00 HOME DEPOT CREDIT SERVICES DECORATING SUPPLIES / KIMBALL HOLIDAY 339797 12/4/18 192.72 IBARRA, J RETIREE HEALTH BENEFITS DEC 2018 339798 12/4/18 780.00 IDEMIA IDENTITY & SECURITY USA FINGERPRINT SUBMISSIONS OCT 2018 339799 12/4/18 18.00 JAMES, R RETIREE HEALTH BENEFITS DEC 2018 339800 12/4/18 140.00 JEREMIAH JIMENO PHOTOGRAPHY / STATE OF THE CITY ADDRESS 339801 12/4/18 300.00 JUNIEL, R RETIREE HEALTH BENEFITS DEC 2018 339802 12/4/18 50.00 KAISER FOUNDATION HEALTH PLANS GROUP 104220-0002 DEC 2018 339803 12/4/18 191,105.44 KAISER FOUNDATION HEALTH PLANS GROUP 104220-0002 NOV 2018 339804 12/4/18 189,529.92 KAISER FOUNDATION HEALTH PLANS DEDUCTIONS 339805 12/4/18 3,979.10 KAISER FOUNDATION HEALTH PLANS GROUP 104220-05 DEC 2018 339806 12/4/18 3,528.46 KIMBLE, R RETIREE HEALTH BENEFITS DEC 2018 339807 12/4/18 300.00 KLOS, K RETIREE HEALTH BENEFITS DEC 2018 339808 12/4/18 480.00 LA VISTA HISTORICAL FOUNDATION LIGHT TOWERS / STATE OF THE CITY ADDRESS 339809 12/4/18 650.00 LANDA, A RETIREE HEALTH BENEFITS DEC 2018 339810 12/4/18 155.00 LASER SAVER INC MOP 45725. INK CARTRIDGES / MIS 339811 12/4/18 1,201.84 LEACH, D RETIREE HEALTH BENEFITS DEC 2018 339812 12/4/18 600.00 LIMFUECO, M RETIREE HEALTH BENEFITS DEC 2018 339813 12/4/18 160.00 LOPEZ, T TRANSLATION SERVICES AS NEEDED FOR FY19 339814 12/4/18 160.00 MACHADO, R TRIANING LE EXECUTIVE / MACHADO / PD 339815 12/4/18 614.58 MARKETING IDEAS CALIFORNIA INC WRISTBANDS FOR A KIMBALL HOLIDAY / CSD 339816 12/4/18 249.98 MATIENZO, M RETIREE HEALTH BENEFITS DEC 2018 339817 12/4/18 100.00 MC CABE, T RETIREE HEALTH BENEFITS DEC 2018 339818 12/4/18 280.00 MCCARTHY, T FLOWERS / STATE OF THE CITY ADDRESS 339819 12/4/18 1,159.56 MCDANIEL, P RETIREE HEALTH BENEFITS DEC 2018 339820 12/4/18 290.00 2/4 212 of 491 CALIFORNIA ' - PAYEE MEDINA, R MENDOZA, G MINER, D MOTOROLA SOLUTIONS INC MY LITTLE CARNIVAL NATIONAL CREDIT REPORTING NOTEWARE, D NOWDOCS INTERNATIONAL INC OLIVARES, G PADRE JANITORIAL SUPPLIES PADRE JANITORIAL SUPPLIES PAUU JR, P PEASE JR, D PETERS, S POST, R PRO BUILD PRO -EDGE KNIFE PRO -EDGE KNIFE PROGRESSIVE SOLUTIONS INC PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY RAY, S ROARK, L RUIZ, J SAN DIEGO GAS & ELECTRIC SAN DIEGO ICE MACHINES COMPANY SAN DIEGO SPORTS MEDICINE SANCHEZ, L SEAPORT MEAT COMPANY SEAPORT MEAT COMPANY SERVATIUS, J SHORT, C SMART & FINAL SMITH, J SPARKLETTS STARTECH COMPUTERS STEWART, W STRASEN, W SUN BADGE COMPANY INC SUPER BIRTHDAY INC SWEETWATER BOYS BASKETBALL SYSCO SAN DIEGO INC SYSCO SAN DIEGO INC THE BANK OF NEW YORK MELLON THE BUBBLE ROLLERS CITy ancy 1NCORPORATSp WARRANT REGISTER # 23 12/4/2018 DESCRIPTION RETIREE HEALTH BENEFITS DEC 2018 RETIREE HEALTH BENEFITS DEC 2018 RETIREE HEALTH BENEFITS DEC 2018 MOBILE RADIOS- ENG GONDOLA FERRIS WHEEL - COMMUNITY SVCS PAY FOR SEC 8 BACKGROUND & CREDIT REPORT RETIREE HEALTH BENEFITS DEC 2018 GREEN VOID BOTTOM CHECKS / FINANCE RETIREE HEALTH BENEFITS DEC 2018 JANITORIAL SUPPLIES - NUTRITION JANITORIAL SUPPLIES - NUTRITION RETIREE HEALTH BENEFITS DEC 2018 RETIREE HEALTH BENEFITS DEC 2018 RETIREE HEALTH BENEFITS DEC 2018 RETIREE HEALTH BENEFITS DEC 2018 MOP 45707 MISC TOOLS - FIRE KNIFE SHARPENING SVCS - NUTRITION KNIFE SHARPENING - NUTRITION THERMAL PAPER 80MM / FINANCE MOP 45742 UNIFORM SVC - NUTRITION MOP 45742 UNIFORM SVCS - NUTRITION RETIREE HEALTH BENEFITS DEC 2018 RETIREE HEALTH BENEFITS DEC 2018 RETIREE HEALTH BENEFITS DEC 2018 GAS & ELECTRIC UTILITIES - NUTRITION TONS OF SNOW FOR A KIMBALL HOLIDAY WELLNESS EXAMS / FIRE RETIREE HEALTH BENEFITS DEC 2018 FOOD - NUTRITION CENTER FOOD - NUTRITION CENTER RETIREE HEALTH BENEFITS DEC 2018 RETIREE HEALTH BENEFITS DEC 2018 MOP 45756 OFFICE SUPPLIES - HR RETIREE HEALTH BENEFITS DEC 2018 WATER - NUTRITION CENTER MOP 61744 COMPUTER SUPPLIES - MIS RETIREE HEALTH BENEFITS DEC 2018 RETIREE HEALTH BENEFITS DEC 2018 SLIMLINE SUNTONE SILTONE BADGE MINI EXPRESS TRAIN / KIMBALL HOLIDAY PARTICIPATION SERVICE / STATE OF THE CITY FOOD - NUTRITION CENTER FOOD - NUTRITION CENTER CUSTODIAN FEE 11/03/18 TO 11/02/19 SYNTHETIC ICE RINK - KIMBALL HOLIDAY CHK NO DATE AMOUNT 339821 12/4/18 105.00 339822 12/4/18 290.00 339823 12/4/18 580.00 339824 12/4/18 27,729.91 339825 12/4/18 4,690.00 339826 12/4/18 278.80 339827 12/4/18 120.00 339828 12/4/18 365.40 339829 12/4/18 280.00 339830 12/4/18 1,127.42 339831 12/4/18 371.10 339832 12/4/18 340.00 339833 12/4/18 140.00 339834 12/4/18 290.00 339835 12/4/18 280.00 339836 12/4/18 103.41 339837 12/4/18 46.00 339838 12/4/18 46.00 339839 12/4/18 167.25 339840 12/4/18 440.73 339841 12/4/18 143.32 339842 12/4/18 190.00 339843 12/4/18 135.00 339844 12/4/18 310.00 339845 12/4/18 153.28 339846 12/4/18 6,949.88 339847 12/4/18 6,518.43 339848 12/4/18 330.00 339849 12/4/18 1,037.74 339850 12/4/18 209.18 339851 12/4/18 340.00 339852 12/4/18 300.00 339853 12/4/18 23.19 339854 12/4/18 320.00 339855 12/4/18 7.17 339857 12/4/18 3,741.21 339858 12/4/18 200.00 339859 12/4/18 135.00 339860 12/4/18 148.57 339861 12/4/18 1,750.00 339862 12/4/18 250.00 339863 12/4/18 7,374.50 339864 12/4/18 3,569.84 339865 12/4/18 1,350.00 339866 12/4/18 12,800.00 3/4 213 of 491 CALIFORNIA ' - PAYEE THE COUNSELING TEAM INTERNATIO TIPTON, B T'S & SIGNS U S BANK U S HEALTHWORKS UNITED PARCEL SERVICE VERIZON WIRELESS VERRY, L VILLAGOMEZ, J VIORA, B WAXIE SANITARY SUPPLY WHITE, J WILLY'S ELECTRONIC SUPPLY BETANCOURT, RODOLFO WIRED PAYMENTS CITY OF SAN DIEGO BANK OF AMERICA BANK OF AMERICA PUBLIC EMP RETIREMENT SYSTEM SECTION 8 HAPS PAYROLL Pay period Start Date 25 11 /20/2019 TIONL, ancy 1NCORPORATSp WARRANT REGISTER # 23 12/4/2018 DESCRIPTION TRAINING TUITION ADV PEER / BAVENCOFF / PD RETIREE HEALTH BENEFITS DEC 2018 MARKETING BANNERS - COMM SVCS CREDIT CARD EXPENSES / FIRE PRE -EMPLOYMENT PHYSICAL & X-RAY / HR MAILING SERVICES / POLICE VERIZON CELLULAR SERVICES FOR FY19 RETIREE HEALTH BENEFITS DEC 2018 RETIREE HEALTH BENEFITS DEC 2018 EDUCATIONAL REIMBURSEMENT JANITORIAL SUPPLIES / FIRE RETIREE HEALTH BENEFITS DEC 2018 MOP 45763 ELECTRONIC SUPPLIES - MIS LIVE ENTERTAINMENT - STATE OF THE CITY METROPOLITAN SEWERAGE SYSTEM PMT ENERGY EFFICIENCY SERIES A BOND PMT ENERGY EFFICIENCY SERIES B BOND PMT SERVICE PERIOD 10/23/18 - 11/05/18 Start Date End Date 11/28/2018 12/4/2018 End Date Check Date 12/3/2018 12/12/2018 GRAND TOTAL CHK NO DATE AMOUNT 339867 12/4/18 199.00 339868 12/4/18 250.00 339869 12/4/18 1,002.68 339870 12/4/18 2,411.73 339871 12/4/18 865.00 339872 12/4/18 19.25 339873 12/4/18 11, 079.88 339874 12/4/18 280.00 339875 12/4/18 480.00 339876 12/4/18 127.00 339877 12/4/18 1,098.64 339878 12/4/18 230.00 339879 12/4/18 224.35 339880 12/4/18 300.00 A/P Total 595,899.10 761286 11/29/18 1,337,858.00 761289 11/29/18 109,983.38 761292 11/29/18 43,470.00 11292018 11/29/18 234,776.16 959,532.70 1,129,514.04 $ 4,411,033.38 4/4 214 of 491 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, DIRECTOR OF FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN RONALD J. MORRISON, VICE -MAYOR JERRY CANO, MEMBER MONA RIOS, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 22ND OF JANUARY 2019. AYES NAYS ABSENT 215 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 216 The following page(s) contain the backup material for Agenda Item: Warrant Register #24 for the period of 12/05/18 through 12/11/18 in the amount of $1,328,774.64. (Finance) Please scroll down to view the backup material. 216 of 491 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 22, 2019 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #24 for the period of 12/05/18 through 12/11/18 in the amount of $1,328,774.64. (Finance) PREPARED BY:Karla Apalategui, Accounting Assistant PHONE: 619-336-4572 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 12/05/18 through 12/11/18. Consistent with Department of Finance's practice, listed below are all payments above $50,000. DEPARTMENT: Finance APPROVED BY: Vendor Ameresco Inc Check/Wire 339887 ARJIS 339888 Eagle Paving Company 339913 Amount Explanation 794,784.63 Energy Service June 2018 81,114.00 ARJIS ESUN Services / PD 50,617.54 Citywide Pedestrian Midblock FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,328,774.64. APPROVED: `-- t 4 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 $1,328,774.64 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 24 217 of 491 CALIFORNIAF__ PAYEE ACCI ROOFING SERVICES ACE UNIFORMS & ACCESSORIES INC AETNA BEHAVIORAL HEALTH AIR POLLUTION CONTROL DISTRICT AIRGAS USA LLC AMEDEE, W AMERESCO INC ARJIS ARMORED MOBILITY INC AT&T ATS PROCESSING SERVICE BOOT WORLD CALIFORNIA ASSOCIATION OF CODE CANON SOLUTIONS AMERICA INC. CARR, D CELLEBRITE USA INC CIRCULATE SAN DIEGO CLAIMS RESOURCE SERVICES COX COMMUNICATIONS CSA SAN DIEGO COUNTY CYNTHIA TITGEN CONSULTING INC DATA TICKET INC DAY WIRELESS SYSTEMS DELL MARKETING L P DELTA DENTAL DELTA DENTAL DELTA DENTAL DELTA DENTAL INSURANCE CO DELTA DENTAL INSURANCE CO DEPT OF JUSTICE DIXIELINE LUMBER CO DURAN, D EAGLE PAVING COMPANY INC EISER III, G ENTERPRISE FLEET MANAGEMENT EPIC LAND SOLUTIONS INC ESGIL CORPORATION EXPERIAN FARINGHY, A FEDEX FIRE ETC GOVCONNECTION INC GRAINGER HEALTH NET HEALTH NET HEALTH NET INC NATIONAL CI?? ?ATCORPQRAT8D . WARRANT REGISTER # 24 12/11/2018 DESCRIPTION POLICE DEPT. ROOF REPLACEMENT PRACTICAL FLEECE PULLOVER - NSD EMPLOYEE ASSIST PROGRAM DEC 2018 APCDFEES POLICE DEPT MOP 45714 SAFETY APPAREL - PW REIMBURSEMENT: MILEAGE ENERGY SERVICES JUNE 2018 ARJIS ESUN SERVICES / PD MOBILE ARMORED SHIELD / PD AT&T SBC PHONE SERVICE OCT 2018 REFUND DISMISSED CIT NA020005593 MOP 64096 SAFETY APPAREL - PW CACEO MEMBERSHIP SORIANO - NSD MAINTENANCE SERV. NOVEMBER 2018 RETIREE MED REIMB OCT NOV DEC 2018 FY19 SERVICE / PD INTRA-CONNECT /ENG LIABILITY CLAIM COST COX DATA VIDEO SERVICES DEC 2018 REIMBURSEMENT CDBG AGREEMENT/ HED WIC CONSULTING NOVEMBER 2018 DATA TICKET PARKING ENF - OCT 2018 QUARTERLY USAGE FEE OPTIPLEX 7060 WORKSTATIONS NOV 2018 GRP 05-0908600000 DEC 2018 GRP 05-0908600000 NOV 2018 - GRP 05-0908601002 DEC 2018 GRP 05-7029600000 NOV 2018 GRP 05-7029600000 FINGERPRINTING / POLICE ART PROJECT AT KIMBALL PARK EDUCATIONAL REIMBURSEMENT CITYWIDE PEDESTRIAN MIDBLOCK GOVERNMENTAL PURPOSES ENTERPRISE FLEET LEASE AND MAINT - ENG APPRAISAL, FIRE STATION: HOUSING PLAN CHECKS / BUILDING DEPT CREDIT CHECKS / POLICE REIMB DIRECT DEPOSIT / ACCOUNT CLOSED MAILING SERVICES / ENG HELMETS / FIRE DEPT SAMSUNG FULL LED-LCD SMART MOP 65179 GENERAL SUPPLIES - PW GRP N7176F NOVEMBER 2018 GRP N7176F DECEMBER 2018 GRP 57135A NOVEMBER 2018 CHK NO DATE AMOUNT 339881 12/11/18 7,889.00 339882 12/11/18 105.57 339883 12/11/18 1,088.32 339884 12/11/18 760.00 339885 12/11/18 461.94 339886 12/11/18 23.98 339887 12/11/18 794,784.63 339888 12/11/18 81,114.00 339889 12/11/18 9,274.40 339890 12/11/18 2,291.80 339891 12/11/18 80.00 339892 12/11/18 117.43 339893 12/11/18 190.00 339894 12/11/18 50.00 339895 12/11/18 2,168.48 339896 12/11/18 6,845.00 339897 12/11/18 7,730.39 339898 12/11/18 4,541.18 339899 12/11/18 615.60 339900 12/11/18 12,724.28 339901 12/11/18 2,530.00 339902 12/11/18 2,172.72 339903 12/11/18 4,698.00 339904 12/11/18 10,403.64 339905 12/11/18 15,376.18 339906 12/11/18 15,375.24 339907 12/11/18 135.66 339908 12/11/18 2,882.88 339909 12/11/18 2,827.44 339910 12/11/18 490.00 339911 12/11/18 274.69 339912 12/11/18 1,947.00 339913 12/11/18 50,617.54 339914 12/11/18 1,560.00 339915 12/11/18 15,247.30 339916 12/11/18 3,500.00 339917 12/11/18 29,671.67 339918 12/11/18 80.10 339919 12/11/18 100.00 339920 12/11/18 29.25 339921 12/11/18 334.95 339922 12/11/18 1,013.35 339923 12/11/18 556.00 339924 12/11/18 1,522.34 339925 12/11/18 1,522.34 339926 12/11/18 4,770.16 1/3 218 of 491 CALIFORNIAF__ PAYEE HEALTH NET INC INSTITUTE OF TRANSPORTATION KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS LANGUAGE LINE SERVICES LASER SAVER INC LEFORTS SMALL ENGINE REPAIR MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MES CALIFORNIA METRO WASTEWATER JPA MURRAY, DYLAN J NAHRO NAN MCKAY AND ASSOCIATES INC NAPA AUTO PARTS NATIONAL CITY TROPHY NATIONAL CREDIT REPORTING NERI LANDSCAPE ARCHITECTURE PACIFIC TELEMANAGEMENT SERVICE PALOMAR HEALTH PARTS AUTHORITY METRO LLC PIERSON, D POWER PLUS POWERSTRIDE BATTERY CO INC PRO BUILD PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RODRIGUEZ, MARITZA S D COUNTY SHERIFF'S DEPT S D COUNTY VECTOR CNTRL PROGRAM SAN DIEGO COUNTY ASSESSOR SAN DIEGO GAS & ELECTRIC SAN DIEGO PET SUPPLY SAN DIEGO SPORTS MEDICINE SAN DIEGO UNION TRIBUNE SITEONE LANDSCAPE SUPPLY LLC SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SMART SOURCE OF CALIFORNIA LLC SOUTH BAY COMMUNITY SERVICES SOUTHERN CALIF TRUCK STOP STAPLES BUSINESS ADVANTAGE STARTECH COMPUTERS NATIONAL CI?? ?ATCORPQRAT813 . WARRANT REGISTER # 24 12/11/2018 DESCRIPTION GRP 57135A DECEMBER 2018 ITE MEMBERSHIP 2019 / ENGINEERING GRP 104220-01,06, 07 DEC 2018 GRP 104220-01, 06, 07 NOV 2018 GRP 104220-03, 09 DEC 2018 GRP 104220-03, 09 NOV 2018 GRP 104220-7002 NOV 2018 INTERPRETATION SERVICES / POLICE MOP 45725 / SEC 8 PRINTER SUPPLIES MOP 80702 / AUTO SUPPLIES - PW LIABILITY CLAIM COST LIABILITY CLAIM COST FIRE HOSE / FIRE JPA ANNUAL BUDGET FY2019 REFUND OVER PAYMT CIT NC200824050 NAHRO ANNUAL MEMBERSHIP DUES 01/01/19 HCV MASTER REVISION SVC ON CD MOP 45735 AUTO SUPPLIES - PW MOP 66556 GENERAL SUPPLIES - PW BACKGROUND CREDIT REPORT / S8 PARADISE CREEK PARK PACIFIC TELEMGT SVCS - DEC 2018 SART EXAM / POLICE MOP 75943 AUTO SUPPLIES - PW REIMB PIERSON CAR RENTAL PARADISE CREEK PARK PUMPS MOP 67839 AUTO SUPPLIES - PW MOP 45704 GENERAL SUPPLIES - PW PARADISE CREEK PARK III MOP 45742 LAUNDRY SERVICES - PW REFUND OVERPMT CIT NA030004400 RANGE TRAINING MOSQUITO & VECTOR CONTROL CNTY BLDG RECORDS/ HOUSING GAS & ELECTRIC UTILITIES- NUTRITION MOP SD PET SUPPLY PD WELLNESS EXAMS LGL NOTICE UNION TRIBUNE: HOUSING MOP 69277 LANDSCAPE SUPPLIES - PW MOP SMART FINAL PD MOP 63845: OFFICE SUPPLIES MOP 63845. APRONS/NEIGHBORHOOD COUNCIL HOME TBRA PROGRAM: HOUSING MOP 45758 AUTO SUPPLIES - PW MOP 45704 COPY PAPER - HR MOP 61744 COMP ACCESSORIES - MIS CHK NO DATE AMOUNT 339927 12/11/18 4,770.08 339928 12/11/18 310.00 339929 12/11/18 22,029.10 339930 12/11/18 22,029.10 339931 12/11/18 4,609.52 339932 12/11/18 4,609.52 339933 12/11/18 1,670.13 339934 12/11/18 72.38 339935 12/11/18 114.13 339936 12/11/18 172.04 339937 12/11/18 3,097.15 339938 12/11/18 437.50 339939 12/11/18 22,513.95 339940 12/11/18 28,514.72 339941 12/11/18 35.00 339942 12/11/18 1,580.80 339943 12/11/18 224.00 339944 12/11/18 175.05 339945 12/11/18 118.54 339946 12/11/18 672.10 339947 12/11/18 16,262.00 339948 12/11/18 78.00 339949 12/11/18 1,350.00 339950 12/11/18 18.99 339951 12/11/18 334.43 339952 12/11/18 710.00 339953 12/11/18 917.50 339954 12/11/18 2,398.15 339955 12/11/18 21,337.35 339956 12/11/18 115.56 339957 12/11/18 110.00 339958 12/11/18 200.00 339959 12/11/18 63.44 339960 12/11/18 39.19 339961 12/11/18 1,557.47 339962 12/11/18 445.39 339963 12/11/18 6,172.12 339964 12/11/18 1,337.04 339965 12/11/18 119.07 339966 12/11/18 268.72 339967 12/11/18 110.93 339968 12/11/18 158.35 339969 12/11/18 28,670.79 339970 12/11/18 300.34 339971 12/11/18 162.33 339972 12/11/18 3,455.25 2/3 219 of 491 CALIFORNIAF__ PAYEE STATE BAR OF CALIFORNIA SWAGIT PRODUCTION LLC SWEETWATER AUTHORITY SYMBOLARTS, LLC T MOBILE USA INC THE FILIPINO PRESS INC THE STAR NEWS TSC GROUP INC U S BANK U S BANK U S HEALTHWORKS ULINE VCA MAIN ST ANIMAL HOSPITAL VERIZON WIRELESS VWR WAXIE SANITARY SUPPLY WEST PAYMENT CENTER WETMORES WILLY'S ELECTRONIC SUPPLY YBARRA, A YOUNG, G NATIONAL CI?? ?ATCORPQRAT813 . WARRANT REGISTER # 24 12/11/2018 DESCRIPTION STATE BAR MEMBERSHIP DUES VIDEO STREAMING SERVICES OCT 2018 302 W. 19TH ST. WATER SERVICE K9 BADGES / POLICE POLICE SEARCH WARRANT 180-1566 NOTICE OF MEASURE - TAGALOG FY19 ADVERTISING NOTICES FOR FY19 LEASE STATION #33 BANK OF AMERICA MOP CC PD CREDIT CARD EXPENSES / CITY ATTORNEY'S OFFICE PRE -EMPLOYMENT PHYSICALS P&E SUPPLIES / PD K9 VET CARE / PD VERIZON CELLULAR SVCS NOV 2018 P&E SUPPLIES / PD JANITORIAL SUPPLIES / PW INVESTIGATIONS TOOL / PD MOP 80333 AUTO SUPPLIES - PW MOP 45763 ELECTRONIC SUPPLIES - MIS TRAINING ADV SUB POST SLI 5/A / PD REIMB SUPPLIES PURCHASE / PD CHK NO DATE AMOUNT 339973 12/11/18 1,149.00 339974 12/11/18 1,920.83 339975 12/11/18 211.77 339976 12/11/18 1,100.00 339977 12/11/18 408.00 339978 12/11/18 200.00 339979 12/11/18 312.63 339980 12/11/18 2,533.06 339981 12/11/18 2,342.12 339982 12/11/18 1,151.46 339983 12/11/18 1,001.00 339984 12/11/18 5,532.34 339985 12/11/18 1,422.32 339986 12/11/18 205.53 339987 12/11/18 47.74 339988 12/11/18 334.23 339989 12/11/18 1,157.35 339990 12/11/18 43.30 339991 12/11/18 214.73 339992 12/11/18 384.00 339993 12/11/18 161.56 A/P Total 1,328,774.64 GRAND TOTAL $1,328,774.64 3/3 220 of 491 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, DIRECTOR OF FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN RONALD J. MORRISON, VICE -MAYOR JERRY CANO, MEMBER MONA RIOS, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 22ND OF JANUARY 2019. AYES NAYS ABSENT 221 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 222 The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption of a Resolution of the City Council of the City of National City, California, making a Finding of No Significant Environmental Effect for a General Plan Amendment, Zone Change, and Tentative Subdivision Map for the rezoning of property at East 16th Street and M Avenue from Small. Lot Residential (RS-2) to Medium -Density Multi -Unit Residential (RM-1) in order to construct a 29-unit residential development and authorizing the filing of a Notice of Determination. (Applicant: Ralph Gonzales) (Case File No. 2017-04 IS) (Planning) Please scroll down to view the backup material. 222 of 491 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 22, 2019 AGENDA ITEM NO. ITEM TITLE: Public Hearing and Adoption of a Resolution of the City Council of the City of National City, California, making a Finding of No Significant Environmental Effect for a General Plan Amendment, Zone Change, and Tentative Subdivision Map for the rezoning of property at East 16th Street and "M" Avenue from Small Lot Residential (RS-2) to Medium -Density Multi -Unit Residential (RM-1) in order to construct a 29-unit residential development and authorizing the filing of a Notice of Determination. !(Applicant: Ralph Gonzales) (Case File No. 2017-04 IS) PREPARED BY: Martin Reeder, AICP PHONE: 1619-336-4313 .A/K, DEPARTMENT: Planning. APPROVED BY: EXPLANATION: The applicant is proposing to merge nine undeveloped single family lots into one and develop the site with a 29-unit residential condominium project. The site includes the westerly half of the vacated portion of "M" Avenue adjacent to the east of the properties. In order to build this type of project, the existing single-family zoning needs to be changed to a multi -family land use and zone. All discretionary projects require compliance with the California Environmental Quality Act (CEQA), analysis of which is contained in the attached background report. Staff recommends that the City Council certify the attached Mitigated Negative Declaration (MND) for the 29-unit residential condominium project. Analysis of the General Plan Amendment, Zone Change, and Tentative Subdivision Map are contained in a separate report. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Mitigated Negative Declaration (MND) ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: .Staff concurs with the Planning Commission recommendation. BOARD / COMMISSION RECOMMENDATION: The Planning Commission recommended certification of the MND. Vote: Ayes — Baca, DelaPaz, Garcia, Sendt, Quintero, Yamane Noes: Flores ATTACHMENTS: 1. (Background Report 2. CEQA Checklist and Mitigation Monitoring and Reporting Program 3. Recommended Findings 4. Resolution 223 of 491 BACKGROUND REPORT Executive Summary The applicant is proposing to merge nine undeveloped single family Tots into one and develop the site with a 29-unit residential condominium project. The site includes the westerly half of the vacated portion of "M" Avenue adjacent to the east of the properties. In order to build this type of project, the existing single-family zoning needs to be changed to a multi -family land use and zone. All discretionary projects require compliance with the California Environmental Quality Act (CEQA), analysis of which is contained in this background report. Environmental Analysis Impacts related to multi -unit residential projects usually focus on traffic and neighborhood impacts. In this case, because the project site is undeveloped and still in its natural state, impacts related to habitat are also considered. In order to analyze any potential impacts resulting from the development, a California Environmental Quality Act (CEQA) checklist (Initial Study) was prepared. Based on the analyses presented in the attached CEQA checklist, it is concluded that the project (a) would not: have the potential to degrade the quality of the environment, impact the habitat of a fish or wildlife species, cause fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory; (b) would not have impacts that are individually limited, but cumulatively considerable; and (c) would not have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly. No significant impacts to the environment, as a result of this project, have been identified. While there is a small amount of sensitive plant habitat on site (see discussion below), any impacts are able to be mitigated to less than significant. Approval of the project is not expected to have any significant impacts, either long-term or short-term, nor will it cause substantial adverse effects on human beings, either directly or indirectly. As such, it is expected that project implementation would have no impact with respect to these mandatory findings of significance. Because of the mitigation required, the CEQA document converts to a Mitigated Negative Declaration (MND). The City established a 30-day public review and comment period from September 7, 2018 to October 8, 2018. During this period, the CEQA checklist (Initial Study or "IS") was available for review. A Notice of Intent (NOI) for the MND was posted in three locations at City Hall and at the National City Public Library. The 30-day review was ATTACHMENT 1 224 of 491 required (as opposed to a 20-day review period) due to the MND needing to be routed to the State Clearinghouse (Office of Planning and Research) for review. This was due to one of the Responsible Agencies being a State Agency (Department of Fish and Wildlife, or DFW). Comments provided by DFW resulted in mitigation measures, which are discussed in the following sections. MND analysis In the CEQA checklist, there are four possible impacts: "Potentially Significant Impact", "Less Than Significant w/Mitigation Incorporation", "Less Than Significant Impact", and "No Impact". Of the 18 sections on the checklist, three sections (Cultural Resources, Greenhouse Gas Emissions, and Hydrology/Water Quality) had checkmarks for "Less Than Significant Impact", and one section (Biological Resources) had checkmarks for "Less Than Significant [with] Mitigation Incorporation". The remaining 14 sections noted "No Impact". Cultural Resources — There is one previously recorded cultural resource within a half - mile radius of the project area and two previously recorded historical structures within a half -mile radius of the project area. Due to the number of cultural resources recorded within a half -mile radius of the project area, there is a low likelihood of encountering unrecorded cultural resources within the project area. However, the presence of additional resources cannot be ruled out until a systematic survey is conducted. State and federal law requires that if any cultural resources are found during construction, work is to stop and the lead agency and a qualified archaeologist be consulted to determine the importance of the find and its appropriate management. In the event of the accidental discovery or recognition of any human remains during construction, the applicant is required to take all appropriate steps as required by relevant federal, state, and local laws. Conditions address these steps. Greenhouse Gas Emissions (GHG) —The project's GHG emissions would occur over the short construction duration, and would consist primarily of emissions from equipment exhaust. There would also be long-term regional emissions associated with project -related new vehicular trips and indirect source emissions, such as energy usage. The existing density in the area would allow up to 15 residential units. Approval of the project would allow 29 units. The 14 additional units could be reasonably estimated to generate 82 additional average daily trips (ADT). This amount does not trigger any threshold for a focused traffic study or traffic impact analysis. As such, although the project would contribute to airborne pollutants, this project will have a less than significant impact on air quality. 2 225 of 491 Hydrology/Water Quality — The onsite drainage is considered as Freshwater Emergent Wetland, which qualifies as jurisdictional wetlands/waters. State and federal permitting to allow this drainage to be impacted will be required by the US Army Corps of Engineers, San Diego Regional Water Quality Control Board, and California Department of Fish and Wildlife. All required permits or related authorizations for the project related to impacting wetlands/waters are a condition of project approval and part of the Mitigation, Monitoring, and Reporting Program (MMRP), which outlines the mitigation identified in the MND. These permits will need to be secured prior to any development activities taking place. Grading and development of the project will direct all runoff into drainage facilities located on site and will not flow on to adjacent properties. Therefore, there is a less than significant impact. Comments The NOI elicited comments from one agency, the Department of Fish and Wildlife (DFW). Coordination with the Department included communication with both the state and federal offices of DFW. Habitat impacts and mitigation measures The site contains predominantly non-native vegetation, or noxious species. There is approximately one acre of predominantly non-native grassland, which covers the majority of the site. However, there are small patches of Native Grassland, indicated by Purple Needlegrass (Stipa pulchra), which are found within the larger weedy non-native grassland. Native Grassland is a sensitive habitat -type of significant biological resource value. Throughout California, grassland ecosystems host approximately 90% of the species listed in the Inventory of Rare and Endangered Species in California. Impacts to native and non-native grasslands will be mitigated off site. The attached Mitigation, Monitoring, and Reporting Program (MMRP) requires mitigation of Impacts to native grasslands (e.g., grasslands having at least 10% native cover) at a minimum of 2:1 ratio and non-native grasslands at a 1:1 ratio. There is a patch of several hundred specimens of San Diego Ambrosia (Ambrosia pumila) located at the northern end of the property. This is a high -profile sensitive species. Project conditions require mitigation in the form of salvage and transplantation. Where impacts to San Diego ambrosia cannot be avoided, the approval of a translocation plan prior to initiating ground disturbing activities is required. The translocation plan shall specify: 1) the methods used for translocation (e.g., timing of translocation, seed collection, soil retention, etc.); 2) the location and suitability of the receptor site; 3) a long-term management plan for the receptor site; and 4) a long-term funding mechanism. The translocation receptor site should have long-term conservation value, be contiguous with other large, conserved tracts of land, and be managed and protected in perpetuity. The translocation plan will be submitted for review and approval 3 226 of 491 by DFW. Giant Wild Reed (Anmdo donax) is a noxious invasive that fills the eroded gully running through the eastern edge of the property. This has displaced most native riparian elements that would grow in this location under other circumstances. This habitat is of no biological resource value. It should be noted that the gully is likely the result of erosion of a man-made ditch, which was cut in order to install utilities. The project was abandoned and the ditch remained. Nevertheless, this onsite drainage is considered as Freshwater Emergent Wetland, which qualifies as jurisdictional wetlands/waters. National City's General Plan Policy OS-2.2 states the following: "Preserve the ecological integrity of creek corridors, canals, and drainage ditches that support riparian resources by working with California Department of Fish and Game to establish a plant palette that is satisfactory and providing for up to 100-foot buffers that protect against development impacts but allow for existing uses and limited future recreational uses." However, as noted above, the area is dominated by a noxious invasive of no biological resource value that has displaced any riparian habitat that might otherwise be located here. Therefore, the gully is not considered to have any ecological integrity in need of preservation. Because the eroded gully qualifies as jurisdictional wetlands/waters, state and federal permitting to allow this drainage to be impacted will be required by the US Army Corps, local Regional Water Quality Control Board, and DFW. All required permits or related authorizations for the project related to impacting wetlands/waters are conditions of project approval and will need to be secured prior to any development activities taking place. In order to prevent intrusion by exotic species, the landscape design and planting palette will use native plants to the greatest extent feasible in landscaped areas. The Project applicant shall not plant, seed, or otherwise introduce invasive exotic plant species to landscaped areas adjacent and/or near native habitat areas. Exotic plant species not to be used include those species listed on the California Invasive Plant Council's (Cal-IPC) Invasive Plant Inventory. This list includes (but is not limited to) the following: pepper trees, pampas grass, fountain grass, ice plant, myoporum, black locust, capeweed, tree of heaven, periwinkle, sweet alyssum, English ivy, French broom, Scotch broom, and Spanish broom. 4 227 of 491 In order to prevent potential impacts regarding the spread of invasive species during vegetation clearing activities, prior to any such work being undertaken all new equipment introduced to the project area shall be cleaned, and all equipment shall be maintained daily. All the above requirements are included in recommended conditions, as well as in the MMRP. With mitigation of the native and non-native grassland, San Diego Ambrosia, and onsite drainage, the project impacts will be less than significant. No other comments were received in relation to the public hearing for the Planning Commission meeting. The notice was routed to all property owners and occupants within 300 feet of the project. A copy of the MND and MMRP were mailed, in addition to the public notice, to the following jurisdictions/agencies: • California Regional Water Quality Control Board • Fair Housing Council of San Diego • California State Clearinghouse • Sweetwater Authority • Department of Fish and Wildlife • National School District • Sweetwater Union High School District • U.S. Army Corps of Engineers • California Native American Heritage Commission Findings for certification of the MND There are four findings for certification of the environmental document: 1. That the project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory, While there is plant habitat on site in the form of native and non-native grassland, San Diego Ambrosia, and onsite drainage, the Mitigated Negative Declaration for this project provides for mitigation that will reduce potential impacts to a level of less than significance. 5 228 of 491 2. That the project does not have impacts that are individually limited but cumulatively considerable. The project is an infill development on a historically vacant property. The area is surrounded by urban development. The existing improvements and development pattern can accommodate the project without causing any impacts to the environment or to existing services. 3. That the project does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. The project is a residential development designed to provide a safe living environment for people. In addition, in excess of the required landscaped open space is provided, providing screening from adjacent uses, recreation space, and an offset for Carbon Dioxide (CO2) emissions. 4. The proposed project has been reviewed in compliance with CEQA for which an MND has been prepared. The MND has determined that, although the proposed project could have a significant effect on the environment without mitigation, there will not be a significant effect in this case because the mitigation measures described in the MMRP included as part of the certified MND reduce the impact to a less than significant level with mitigation incorporated. Options The options with regard to the environmental clearance for this project are either to certify the MND based on the attached findings or to file the report. In the latter case, the MND would not be certified and the associated General Plan Amendment, Zone Change, and Tentative Subdivision Map would not be approved. Staff is in support of the application and certification of the MND. In addition, the Planning Commission recommended certification of the MND as part of their recommendation to approve the project. 6 229 of 491 11/8/18 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) INITIAL STUDY CHECKLIST CITY OF NATIONAL CITY Planning Department 1243 National City Boulevard National City, CA 91950 1. PROJECT TITLE/PROJECT #: 2017-04 GPA, ZC, S - General Plan Amendment, Zone Change and Tentative Subdivision Map for the rezoning of property at East 16th Street and "M" Avenue in order to construct a 29-unit residential development. 2. LEAD AGENCY: Contact: Phone: 3. PROJECT LOCATION: 4. PROJECT PROPONENT: 5. ZONING DESIGNATION: City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Martin Reeder, AICP — Acting Planning Director (619) 336-4313 Northwest comer of East 16th Street and "M" Avenue, National City, CA 91950 White Star Capital LLC. Small Lot Residential (RS-2) 6. PROJECT DESCRIPTION: The applicant wishes to .amend the General Plan land use designation to change the subject property from Low -Medium Density Residential to Medium Density Residential, and to change the zoning designation from RS-2 (Small Lot Residential) to RM-1 (Medium Density Multi -Unit Residential) in order to develop a 29-unit condominium development. 7. SURROUNDING LAND USES AND SETTING: The project site is comprised of nine existing single-family lots, all of which are vacant, and 451 feet of the half width (30 feet) of "M" Avenue to the east, which was recently vacated. The.whole project area is approximately 74,500 square feet in size, or roughly 1.7 acres, and is undeveloped. The area slopes down from East 16th Street to South Bay Plaza (south to north) and from west to east, to form a rough valley shape. There is an existing single-family neighborhood to the west, which is located behind a large hill; there is an existing mixed -density neighborhood of duplexes and triplexes located across East 16th Street to the south; South Bay Plaza is located to the north, beyond an existing grove of trees at the bottom of the valley area; the National School District offices and bus yard is located to the east, on the other side of the former "M" Avenue, which is considered a "paper street" (the street is shown on the Assessor's Parcel Map but was never developed as a street). 7 2017-04 GPA, ZC, S, IS ATTACHMENT 2 SCH#2018091023 230 of 491 Initial Study- Page 2 of 19 8. OTHER AGENCIES WHOSE APPROVAL MAY BE REQUIRED (AND PERMITS NEEDED): US Army Corps of Engineers, San Diego Regional Water Quality Control Board, and California Department of Fish and Wildlife. ENVIRONMENTAL FACTORS POTENTIALLY All The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or is "Potentially Significant Unless Mitigated," as indicated -b_y_the checklist on the following pages. ❑ Aesthetics ❑ Agriculture and Forestry Resources E Air Quality El Biological Resources ❑ Cultural Resources ❑ Geology / Soils ❑ Greenhouse Gas Emissions ❑ Hazards & Hazardous Materials ❑ Hydrology / Water Quality 0 Land Use / Planning 0 Mineral Resources ❑ Noise ❑ Population / Housing ❑ Public Services 0 Recreation 0 Transportation / Traffic ❑ Utilities / Service Systems 0 Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this Initial Evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the proj ect. A NIITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or is "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effect that remains to be addressed. Signature (/JN.------------ Date a (g. /fg Printed Name: Martin Reeder, AICP R Title: Principal Planner 231 of 491 Initial Study - Page 3 of 19 EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to the project. A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards. 2. All answers must take account of the whole action involved. Answers should address off -site as well as on - site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. - 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence than an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: Less than Significant w/ Mitigation Incorporated" applied where the incorporation of a mitigation measure has reduced an effect from "Potentially Significant Impact" to "Less then Significant Impact". The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). References to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. This in only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whichever format is selected. 9. The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance. 9 232 of 491 Initial Study - Page 4 of 19 ISSUES with Supporting Documentation & Sources I — AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? (Sources: 1, 2,3) b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Sources: 1, 2, 3) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Sources: 1, 2, 3) d) Create a new source of substantial light or glare which would adversely affect day or nighttime Views in the area? (Sources: 1,2,3) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ ❑ X X ❑ ❑ x ❑ ❑ ❑ x The project site is a sloping vacant lot in its natural state covered with short grass and scrub. The property is surrounded by existing urban development, including a bus storage lot to the east and a commercial shopping center parking lot to the north. There is a mix of low and mid -density housing locate to the south and west. There are no scenic vistas or resources in the area that would be affected by the project. The existing visual character is low due to the existing mostly industrial uses surround the site. The development of the property would generally improve the existing sloping grass lot with the construction of a quality medium density condominium development including significant landscaping and open space areas. The design of the development would include compliance with all lighting design standards in the Municipal Code, which will ensure no light or glare impacts on adjacent properties. II — AGRICULTURE AND FORESTRY RESOURCES In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation & Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation 10 233 of 491 Initial Study - Page 5 of 19 a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (Sources: 1, 2, 3) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Sources: 1, 2, 3) c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? (Sources: 1, 2, 3) d) Result in the loss of forest land or conversion of forest land to non -forest use? (Sources: 1, 2, 3) e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non -forest use? (Sources: 1, 2, 3) ❑ ❑ X The City of National City does not contain farmland or agricultural resources, forest land, nor any land zoned for agricultural use. As such, approval of this project will have no impact on such lands or resources. III — AIR QUALITY Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? (Sources: 1, 2, 3) b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? (Sources: 1, 2, 3) c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (Sources: 1, 2, 3, 4) d) Expose sensitive receptors to substantial pollutant concentrations? (Sources: 1, 2, 3) e) Create objectionable odors affecting a substantial number of people? (Sources: 1, 2, 3) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ ❑ ❑ C ❑ A 11 234 of 491 Initial Study - Page 6 of 19 The City does not have any applicable air quality plan or standards that would apply in this case. Air quality is under the purview of the San Diego County Air Pollution Control District. The County of San Diego and National City are in attainment for all California Clean Air Act (CCAA) pollutants with the exception of ozone. Approval of this project will not conflict with or obstruct the implementation of the San Diego County Regional Air Quality Strategy (RAQS) to manage air quality in our region. The existing density in the area would allow up to 15 residential units. Approval of the project would allow 29 units. The 14 additional units could be reasonably estimated to generate 82 additional average daily trips (ADT). This amount does not trigger any threshold for a focused traffic study or traffic impact analysis. As such, overall, approval of this project will have a less than significant impact on air quality. IV — BIOLOGICAL RESOURCES Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (Sources: 5) b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (Sources: 7) c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (Sources: 6, 7) d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (Sources: 5) e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? (Sources: 1) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (Sources: 1) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X ❑ X ❑ X X ❑ ❑ ❑ x X There are no species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. With regard to plant habitats, the site contains predominantly non-native vegetation, or noxious species. There is approximately one (1) acre of predominantly non-native grassland, which covers the majority of the site. However, there are small patches of Native Grassland, indicated by Purple Needlegrass (Stipa pulchra), 12 235 of 491 Initial Study - Page 7 of 19 which are found within the larger weedy non-native grassland. Native Grassland is a sensitive habitat -type, of significant biological resource value. In addition, throughout California, grassland ecosystems host approximately 90% of the species listed in the Inventory of Rare and Endangered Species in California (Barry, 2006). Impacts to native and non-native grasslands shall be mitigated off site. Impacts to native grasslands (e.g., grasslands having at least 10% native cover) shall be mitigated at a minimum of 2: 1 and non-native grasslands be mitigated at a 1: 1 ratio (MIYLRP - BIO.1). There is a patch of several hundred specimens of San Diego Ambrosia (Ambrosia pumila) located at the northern end of the property. This is a high -profile sensitive species. Project conditions require mitigation in the form of salvage and transplantation. Where impacts to San Diego ambrosia cannot be avoided, the approval of a translocation plan prior to initiating ground disturbing activities shall be required. The translocation plan s specify: 1)-the-methods-used for translocation (e:g-timing of translocation, seed collection, soil retention, etc.); 2) the location and suitability of the receptor site; 3) a long-term management plan for the receptor site; and 4) a long-term funding mechanism. The translocation receptor site should have long-term conservation value, be contiguous with other large, conserved tracts of land, and be managed and protected in perpetuity. The translocation plan should be submitted for review and approval by the Department of Fish & Wildlife (MMRP - BIO.2). Giant Wild Reed (Anmdo donax) is a noxious invasive that fills the eroded gully running through the eastern edge of the property. This has displaced most native riparian elements that would grow in this location under other circumstances. This habitat is of no biological resource value. It should be noted that the gully is likely the result of erosion of a man-made ditch, which was cut in order to install utilities. The project was abandoned and the ditch remained. Nevertheless, this onsite drainage is considered as Freshwater Emergent Wetland, which qualifies as jurisdictional wetlands/waters. National City's General Plan Policy OS-2.2 states the following: "Preserve the ecological integrity of creek corridors, canals, and drainage ditches that support riparian resources by working_ with California Department of Fish and Game to establish a plant palette that is satisfactory and providing for up to 100-foot buffers that protect against development impacts but allow for existing uses and limited future recreational uses." However, as noted above, the area is dominated by a noxious invasive of no biological resource value that has displaced any riparian habitat that might otherwise be located here. Therefore, the gully is not considered to have any ecological integrity in need of preservation. Because the eroded gully qualifies as jurisdictional wetlands/waters, state and federal permitting to allow this drainage to be impacted will be required by the US Army Corps of Engineers, San Diego Regional Water Quality Control Board, and California Department of Fish and Wildlife. All required permits or related authorizations for the project related to impacting wetlands/waters are a condition of project approval (MMRP - BIO.3) and will need to be secured prior to any development activities taking place. In order to prevent intrusion by exotic species, the landscape design and planting palette shall use native plants to the greatest extent feasible in landscaped areas. The Project applicant shall not plant, seed, or otherwise introduce invasive exotic plant species to landscaped areas adjacent and/or near native habitat areas. Exotic plant species not to be used include those species listed on the California Invasive Plant Council's (Cal-1PC) Invasive Plant Inventory. This list includes (but is not limited to) the following: pepper trees, pampas grass, fountain grass, ice plant, myoporum, black locust, capeweed, tree of heaven, periwinkle, sweet alyssum, English ivy, French broom, Scotch broom, and Spanish broom (MMRP - BIO.4). In order to prevent potential impacts regarding the spread of invasive species during vegetation clearing activities, prior to any such work being undertaken all new equipment introduced to the project area shall be 13 236 of 491 Initial Study - Page 8 of 19 cleaned, and all equipment shall be maintained daily. Additional techniques for minimizing the spread of invasive plant species during construction activities can be found at https://www.cal ipc.orJsolutions/ prevention/ (MVIRP — BIO.5). With mitigation of the native and non-native grassland, San Diego Ambrosia, and onsite drainage, the project impacts will be less than significant. There are no adopted habitat conservation plans within the City of National City. V — CULTURAL RESOURCES _Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? (Sources: 3, 8) b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5? (Sources: 3, 8) c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? (Sources: 3) d) Disturb any human remains, including those interred outside of formal cemeteries? (Sources: 3) No historical or archaeological resources as defined in Section 15064.5 are known to exist on the proposed project site. However, there is one previously recorded cultural resource within a half -mile radius of the project area and two previously recorded historical structures within a half -mile radius of the project area. Due to the number of cultural resources recorded within a half -mile radius of the project area, there is a low likelihood of encountering unrecorded cultural resources within the project area. However, the presence of additional resources cannot be ruled out until a systematic survey is conducted. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ _ X ❑ ❑ X ❑ ❑ ❑ x State and federal law requires that if any cultural resources are found during construction, work is to stop and the lead agency and a qualified archaeologist be consulted to determine the importance of the find and its appropriate management. In the event of the accidental discovery or recognition of any human remains during construction, the applicant is required take all appropriate steps as required by relevant federal, state, and local laws. Therefore, the proposed project would not result in a significant impact to cultural resources. VI — GEOLOGY AND SOILS Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. (Sources: 9) ii) Strong seismic ground shaking? (Sources: 9) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X X 14 237 of 491 Initial Study - Page 9 of 19 iii) Seismic -related ground failure, including liquefaction? (Sources: 9) iv) Landslides? (Sources: 9) b) Result in substantial soil erosion or the loss of topsoil? (Sources: 2, 9) c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, -liquefaction or collapse? -(Sources: 9) d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (Sources: 9) e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (Sources: 9) J ❑ ❑ x ❑ � X X X ❑ ❑ ❑ x ❑ California Geological Survey information indicates the site is not located within an Alquist-Priolo Special Studies Zone, and there are no known active or potentially active faults that intercept the project site; therefore, the potential for ground rupture at this site is considered low. The nearest active fault to the site is the La Nacion Fault, located approximately a mile to the northeast. Accordingly, the site is not considered to possess a significantly greater seismic risk than that of the surrounding area in general. The site is not within an area susceptible to landslides and not within a fault zone, slide prone area or an area susceptible to liquefaction; therefore there is no impact or increased exposure to landslides due to the proposed project. It should be recognized that Southern California is an area that is subject to some degree of seismic risk and that it is generally not considered economically feasible nor technologically practical to build structures that are totally resistant to earthquake -related hazards. Construction in accordance with the minimum requirements of the Uniform Building Code should minimize damage due to seismic events. Due to the number and nature of the active and non -active fault lines within the southern California region, it cannot be known when earthquakes will occur; therefore, there is a less than significant impact. Proposed plans include substantial permeable development (landscaping and pervious concrete). Additionally, all design and construction will require conformance with City's stormwater ordinance and grading regulations. Therefore, there is no impact or increased substantial erosion due to the proposed project. The proposed project site would have traditional sewer laterals, which will connect with the existing sewer system that serves the City. There would be no use of septic tanks or alternative waste water disposal systems; therefore, no impact. VII - GREENHOUSE GAS EMISSIONS Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? (Sources: 1, 10, 11) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation 15 238 of 491 Initial Study - Page 10 of 19 b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? (Sources: 1,10, 11) ❑ ❑ x GHG emissions contribute, on a cumulative basis, to the significant adverse environmental impacts of global climate change. No single project could generate enough GHG emissions to noticeably change the global average temperature. The combination of GHG emissions from past, present, and future projects contributes substantially to the phenomenon of global climate change and its associated environmental impacts and as such is addressed only as a cumulative impact. The project's GHG emissions would occur over the short construction duration, and would consist primarily of emissions from equipment exhaust. There would also be long-term regional emissions associated with proj ect-related new vehicular trips and indirect source emissions, such as energy usage. The existing density in the area would allow up to 15 residential units. Approval of the project would allow 29 units. The 14 additional units could be reasonably estimated to generate 82 additional average daily trips (ADT). This amount does not trigger any threshold for a focused traffic study or traffic impact analysis. As such, although the project would contribute to airborne pollutants, this project will have a less than significant impact on air quality. California has adopted several policies and regulations for the purpose of reducing GHG emissions. On December 11, 2008, CARB adopted the AB 32 Scoping Plan to achieve the goals of AB 32 that establishes an overall framework for the measures that will be adopted to reduce California's GHG emissions. The proposed project is subject to compliance with AB 32, which is designed to reduce statewide GHG emissions to 1990 levels by 2020. In addition, in 2012 the City of National City adopted its Climate Action Plan and associated targets to reduce GHG missions by 15 percent below 2005/2006 levels by 2020, with additional reductions by 2030. Some of the primary provisions of the Climate Action Plan are to promote greater density and infill development, water conservation, energy efficiency, and waste reduction strategies. The proposed project would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHG emissions, as contained in the Climate Action Plan. Based on the above, therefore no impact. VIII — HAZARDS & HAZARDOUS MATERIALS Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Sources: 1) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Sources: 1) c) Enait hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Sources: 1) d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Sources: 1) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation LI X X ❑ ❑ ❑ x e) For a project located within an airport land use plan or, where such a 16 239 of 491 Initial Study - Page 11 of 19 plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (Sources: 1) f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? (Sources: 1) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Sources: 1) h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where -residences are -intermixed with wildlands? (Sources: 1) ❑ — X ❑ ❑ ❑ X ❑ ❑ X The proposed project is a 29-unit multi -family development located adjacent to an established residential community. No transport, use, or disposal of hazardous materials is expected. A residential neighborhood will likewise not cause any reasonably foreseeable upset or accident condition involving the release of hazardous materials into the environment. The project is not expected to emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste in general, and is not within one -quarter mile of an existing or proposed school. The site is vacant and has never been developed, therefore is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. As a result the project would not create a significant hazard to the public or the environment. Therefore, there would be no impact. There is no adopted emergency response plan or emergency evacuation plan in the City, although there are local considerations that are included as appendices to the Unified San Diego County Emergency Services Organization approved Annex Q of the Operational Area Emergency Plan. The project does not conflict with any of the considerations or plans in the Area Emergency Plan, thus no conflict. The site is not on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5; There are no airports or airstrips in the vicinity; the project would not interfere with an adopted emergency response plan or emergency evacuation plan; and the project is not adjacent to any wildlands or land subject to wildland fires; therefore there would not be any significant risk of loss, injury or death involving wildfires. Therefore, there is no impact. IX — HYDROLOGY / WATER QUALITY Would the project: a) Violate any water quality standards or waste discharge requirements? (Sources: 1) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (Sources: 1) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? (Sources: 1, 3, 6, 7) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation. Impact Incorporation X X X 1 17 240 of 491 Initial Study - Page 12 of 19 d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (Sources: 1, 3) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (Sources: 1) f) Otherwise substantially degrade water quality? (Sources: 1) g)— Place -housing -within a .100-yearflood hazard area as mapped on_a_ federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Sources: 1) h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? (Sources: 1) i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? (Sources: 1) j) Inundation by seiche, tsunami, or mudflow? (Sources: 1) The project will be subject to water quality and discharge requirements through the City's Jurisdictional Runoff Management Plan (JRMP). In addition, the project will only result in 14 additional units over what is currently permitted by right in the existing zone. Design of the project will require compliance with all storm water handling, storage, drainage, and hydromodification regulations. The property is not located within a 100-year flood hazard area or an area influenced by any levee or dam failure, seiche, tsunami, or mudflow; therefore, no impact. The onsite drainage is considered as Freshwater Emergent Wetland, which qualifies as jurisdictional wetlands/waters. State and federal permitting to allow this drainage to be impacted will be required by the US Army Corps of Engineers, San Diego Regional Water Quality Control Board, and California Department of Fish and Wildlife. All required permits or related authorizations for the project related to impacting wetlands/waters are a condition of project approval (MMRP) and will need to be secured prior to any development activities taking place. Grading and development of the project will direct all runoff into drainage facilities located on site and will not flow on to adjacent properties. Therefore, there is a less than significant impact. X — LAND USE AND PLANNENG Would the project: a) Physically divide an established community? (Sources: 1, 2, 3) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (Sources: 1, 2, 6) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact 1litigation Impact Incorporation X X 18 241 of 491 Initial Study - Page 13 of 19 c) Conflict with any applicable habitat conservation plan or natural community conservation plan? (Sources: 1, 2) X The site is surrounded by existing unrelated development including a shopping center to the north, an office building and bus storage yard to the east, a single-family neighborhood to the west beyond a hill, and a mixed -density residential neighborhood across East 16th Street to the south. There is no connection between the developments. Development of the site would not physically impact the existing community; therefore, there would be no impact to established communities. While the request includes a zone change and general plan amendment, the project is a residential use in a residential zone. The zone change and amendment would allow an additional 14 homes in this case. The existing area is currently zoned for 8.7 units per acre, while it has an existing density of approximately 11 units per acre. The proposed density would be 17 units per acre, which is in the middle of the range permitted under the zone the property will be changed to (RM-1 or Medium Density Multi -Unit Residential), which 9-23 units per acre (the project will be conditioned to 29 units). This density will be consistent with both the General Plan, Local Coastal Plan, and the Land Use Code; therefore, there would be no conflict with said. plans. There are no applicable habitat conservation plan or natural community conservation plans in the City, therefore no impact. XI — MINERAL RESOURCES Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? (Sources: 1) b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Sources: 1) Potentially Significant Impact Less Than Less Than No Significant w/ Significant Impact Mitigation Impact Incorporation ❑ _ X ❑ ❑ X The project site is located completely within an urbanized area and surrounded by development. The site contains no known mineral resources on the proposed project site or delineated on a local plan for the site; therefore, there is no impact to mineral resources. XH-NOISE Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (Sources: 1, 2, 3) b) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? (Sources: 1, 2, 3) c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? (Sources: 1) d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? 19 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ ❑ ❑ x ❑ ❑ X X X 242 of 491 Initial Study - Page 14 of 19 (Sources: 1, 2, 3) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Sources: 1, 2, 3) f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (Sources: 1, 2, 3) ❑ C _ x The propose�c project area is in an urbanized area and is a residential -use in an area of mostly residential development. The use is not expected to exceed the ambient noise in this area from the bus yard and shopping center nearby. Furthermore, the project is subject to the limitations contained in the City's Noise Ordinance; therefore, no impacts are expected. The associated construction on the project site would create temporary noise impacts. Modern construction equipment, properly used and maintained, should not exceed the noise limits contained in the City's Noise Ordinance All noise generated by the project would be required to comply with the City's Noise Ordinance and be limited to specific hours of operation. No significant impact from the project would occur. The proposed project site is not located within an airport land use plan or within two miles of a public use airport or private airstrip; therefore, there is no impact to those people working on the project site. XIII — POPULATION AND HOUSING Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (Sources: 1, 2, 3) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Sources: 1, 2, 3) c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Sources: 1, 2, 3) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ ❑ 11 1 X The property is currently zoned for 15 residential units by right. The project is for 29 units, an increase of 14, which will not create any impacts on adjacent streets or parking facilities. The property is vacant, therefore no housing or people will be displaced. Therefore, there will be no impact. XIV — PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered 20 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation 243 of 491 Initial Study - Page 15 of 19 governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (Sources: 1, 3) Police protection? (Sources: 1, 3) Schools? (Sources: 1, 3) Parks? (Sources: 1, 3) Other public facilities? (Sources: 1, 3) 0 CI The proposed project would not result in adverse impacts to public services. The project site is currently and will continue to be served by the National City Fire and Police Department. The closest Fire Station is approximately a half mile away on East 16th Street, and the the Police Station at 12th Street and National City Boulevard is one mile away. Typical response time for this area would not be adversely impacted, as plans do not involve changes to public streets adjacent to the site and since plans include retaining emergency access throughout the project area. Also, the development will generate impact fees specifically slated for public services that will supplement any additional requirements brought about by the development; therefore, there is no significant impact. Park and school fees will also be paid as part of the development to offset any increase in need generated by the project, thus no impact. XV — RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Sources: 1, 2, 3) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Sources: 1,2,3) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X There are three parks within a mile and a half of the project, which are currently underutilized and able to accommodate potential use by the additional 14 families that could be expected from the project. Therefore, there would be no impact. XVI — TRANSPORTATION AND TRAFFIC Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation 21 244 of 491 Initial Study - Page 16 of 19 a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of ❑ ❑ ❑ X the circulation system, taking into account all modes of transportation including mass transit and non -motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? (Sources: 1, 2, 3, 4) b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and - travel -demand measures, or other standards established by the county congestion management agency for designated roads or highways? (Sources: 1, 2, 3) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (Sources: 1, 2, 3) d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Sources: 1, 2, 3) e) Result in inadequate emergency access? (Sources: 1, 2, 3) f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? (Sources: 1, 2, 3) X ❑ ❑ _ X ❑ ❑ _ X ❑ - ❑ x There are no plans, ordinances, or policies that measure circulation system current effectiveness or performance, thus no impact. There is also no congestion management program that the project would conflict with. This segment of East 16h Street ("L" Avenue to Palm Avenue) currently has an ADT (Average Daily Trip) rate 7,800 and a capacity of 10,000 ADT. The segment operates at a current Level of Service (LOS) of D and is expocted to operate at an LOS of F in 2035. According to trip generation rates published by the San Diego Association of Governments (SANDAG), a 29-unit multi -family residential project could be expected to generate 232 ADT. While only 82 ADT would be an increase covered by this environmental review, the roadway can accommodate the 232 ADT without exceeding the current or proposed (2035) maximum capacity. No change in road design is proposed which would cause a safety risk or hinder emergency access. The project would not conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities, as there are no such activities existing or planned in this area, thus no impact. XVII — UTILITIES AND SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements of the applicable Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation X 22 245 of 491 Initial Study - Page 17 of 19 Regional Water Quality Control Board? (Sources: 1, 13) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Sources: 1, 13) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Sources: 1, 13) d) Have--sufficient-water supplies available to -serve -the -project from existing entitlements and resources, or are new or expanded entitlements needed? (Sources: 1, 13) e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (Sources: 1, 13) f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (Sources: 1, 14) g) Comply with federal, state, and local statutes and regulations related to solid waste? (Sources: 1, 14) ❑ x ❑ - x ❑ ❑ x ❑ ❑ ❑ x The proposed project would be designed and constructed using Best Management Practices (BMPs) to appropriately handle wastewater and not exceed wastewater treatment requirements of the San Diego Regional Water Quality Control Board; therefore, there is no impact. The proposed project is located within an urbanized area and served by existing water facilities. There is an existing 16-inch PVC water main in the East 16th Street right-of-way that can service the property. Sweetwater Authority, the local water provider, has indicated that additional infrastructure, as needed, can be provided. Also, all necessary improvements will be included with the project approval and construction will be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations; therefore, there would not be a significant adverse impact. The proposed project site would be served by EDCO, the local waste collection and recycle company. EDCO has a contract with the City to handle City residents' waste disposal and recycling needs. According to EDCO staff, the company utilizes several landfill sites for the disposal of waste collected in National City, with the most common being Otay Mesa, Sycamore, and Miramar Landfills, with an additional 12, 26 and 9 years of capacity remaining respectively; therefore, there is a less than significant impact. There are two other landfill sites in San Diego County - the Ramona landfill, which is full, and Borrego Springs landfill, which has an additional 30 years capacity remaining. In addition, the proposed project would comply with all federal, state, and local statues and regulations related to solid waste. 23 246 of 491 Initial Study - Page 18 of 19 XVIII —MANDATORY FINDINGS of SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples— of the - major periods of California_ history or prehistory? (Sources: 1) b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? (Sources: 1) c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? (Sources: 1) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ ❑ x Discussion: No significant impacts to the environment as a result of this project have been identified, other than for Native Grassland and San Diego Ambrosia, impacts to both of which will be mitigated to a level of no significant impact. Approval of the project is not expected to have any significant impacts, either long- term or short-term, nor will it cause substantial adverse effect on human beings, either directly or indirectly. 24 247 of 491 Initial Study- Page 19 of 19 REFERENCE SOURCES: Reference # Document Title 2 3 4 5 6 7 8 9 10 11 12 13 11 National City General Plan City of National City Municipal Code Case File 2017-04 GPA, ZC, S SANDAG trip generation by land use US Fish and Wildlife Service US Fish and Wildlife Wetland Mapper System Preliminary Biological Resources Assessment — Case File 2017-04 GPA, ZC, S South Coastal Information Center (SCIC) cultural resources records search California Department of Conservation City of National City Final Climate Action Plan Environmental Protection Agency Comments received from Building, Engineering, and Fire Departments, and Sweetwater Authority California Integrated Waste Management Board Environmental Protection Agency Available for Review at: National City Planning Department 1243 National City Boulevard National City, CA 91950 http://www.nationalcityca.gov/ National City Planning Department National City Planning Department NV vw.sandaa,Org https://www.fws.gov/ https://www.fws.gov/wetlands/d ata/mapper.html National City Planning Department National City Planning Department http://maps.conservation.ca.gov/ cas/fam/ National City Planning Department https://www.epa.aov/enerw/aree rehouse -gas -equivalencies - calculator National City Planning Department http://www.ciwmb.ca.gov/ haps://www.epa.gov/energy/gree nhouse-gas-equivalencies- calculator 25 248 of 491 MITIGATION MONITORING & REPORTING PROGRAM 2017-04 GPA, ZC, S - General Plan Amendment, Zone Change and Tentative Subdivision Map for the rezoning of property at East 16`h Street and "M" Avenue in order to construct a 29-unit residential development. SCH# 2018091023 BIO.1 Impacts to native and non-native grasslands shall be mitigated off site. Impacts to native grasslands (e.g., grasslands having at least 10% native cover) shall be mitigated at a minimum of 2: 1 and non-native grasslands be mitigated at a 1: 1 ratio. BIO.2 There is a patch of several hundred specimens of San Diego Ambrosia (Ambrosia pumila) located at the northern end of the property. This is a high -profile sensitive species. Project conditions require mitigation in the form of salvage and transplantation. Approval of a translocation plan is required prior to initiating ground disturbing activities. The translocation plan should specify: 1) the methods used for translocation (e.g., timing of translocation, seed collection, soil retention, etc.); 2) the location and suitability of the receptor site; 3) a long- term management plan for the receptor site; and 4) a long-term funding mechanism. The translocation receptor site should have long-term conservation value, be contiguous with other large, conserved tracts of land, and be managed and protected in perpetuity. The translocation plan should be submitted for review and approval by the Department of Fish & Wildlife prior to the onset of project impacts. BIO.3 The onsite drainage is considered as Freshwater Emergent Wetland, which qualifies as jurisdictional wetlands/waters. State and federal permitting to allow this drainage to be impacted will be required by the US Army Corps of Engineers, San Diego Regional Water Quality Control Board, and California Department of Fish and Wildlife. All required permits or related authorizations for the project related to impacting wetlands/waters are a condition of project approval and will need to be secured prior to any development activities taking place. BIO.4 The landscape design and planting palette shall use native plants to the greatest extent feasible in landscaped areas. The Project applicant shall not plant, seed, or othenvise introduce invasive exotic plant species to landscaped areas adjacent and/or near native habitat areas. Exotic plant species not to be used include those species listed on the California Invasive Plant Council's (Cal-1PC) Invasive Plant Inventory. This list includes (but is not limited to) the following: pepper trees, pampas grass, fountain grass, ice plant, myoporum, black locust, capeweed, tree of heaven, periwinkle, sweet alyssum, English ivy, French broom, Scotch broom, and Spanish broom. BIO.5 In order to prevent potential impacts regarding the spread of invasive species during vegetation clearing activities, prior to any such work being undertaken all new equipment introduced to the project area shall be cleaned, and all equipment shall be maintained daily. Additional techniques for minimizing the spread of invasive plant species during construction activities can be found at https://www.cal ipc.org/solutions/ prevention/. 26 249 of 491 RECOMMENDED FINDINGS FOR CERTIFICATION OF THE MITIGATED NEGATIVE DECLARATION 2017-04 IS — 16th & "M" Avenue 557-351-17 through 25 That the project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory, because while there is plant habitat on site in the form of native and non-native grassland, San Diego Ambrosia, and onsite drainage, the Mitigated Negative Declaration for this project provides for mitigation that will reduce potential impacts to a level of less than significance. 2. That the project does not have impacts that are individually limited but cumulatively considerable, because the project is an infill development on a historically vacant property. The area is surrounded by urban development and the existing improvements and development pattern can accommodate the project without causing any impacts to the environment or to existing services. 3. That the project does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly, because the project is a residential development designed to provide a safe living environment for people. In addition, in excess of the required landscaped open space is provided, providing screening from adjacent uses, recreation space, and an offset for Carbon Dioxide (CO2) emissions. 4. The proposed project has been reviewed in compliance with CEQA for which a Mitigated Negative Declaration (MND) has been prepared. The MND has determined that, although the proposed project could have a significant effect on the environment without mitigation, there will not be a significant effect in this case because the mitigation measures described in the Mitigation Monitoring and Reporting Program (MMRP) included as part of the certified MND reduce the impact to a Tess than significant level with mitigation incorporated. ATTACHMENT 3 27 250 of 491 RESOLUTION NO. 2019 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY MAKING A FINDING OF NO SIGNIFICANT ENVIRONMENTAL EFFECT FOR A GENERAL PLAN AMENDMENT, ZONE CHANGE, AND TENTATIVE SUBDIVISION MAP FOR THE REZONING OF PROPERTY LOCATED AT EAST 16TH STREET AND "M" AVENUE FROM SMALL LOT RESIDENTIAL (RS-2) TO MEDIUM -DENSITY MULTI -UNIT RESIDENTIAL (RM-1) IN ORDER TO CONSTRUCT A 29-UNIT RESIDENTIAL DEVELOPMENT, AND AUTHORIZING THE FILING OF A NOTICE OF DETERMINATION. WHEREAS, the City Council of the City of National City considered said certification at a duly advertised public hearing held on January 22, 2019, at which time the City Council considered evidence and public testimony; and WHEREAS, at said public hearing the City Council considered the staff report provided for Case File No. 2017-04 IS, which is maintained by the City and incorporated herein by reference, along with any other evidence presented at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the evidence presented to the City Council at the public hearing held on January 22, 2019, support the following findings: 1. That the project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory, because while there is plant habitat on site in the form of native and non-native grassland, San Diego Ambrosia, and onsite drainage, the Mitigated Negative Declaration for this project provides for mitigation that will reduce potential impacts to a level of less than significance. 2. That the project does not have impacts that are individually limited but cumulatively considerable, because the project is an infill development on a historically vacant property. The area is surrounded by urban development and the existing improvements and development pattern can accommodate the project without causing any impacts to the environment or to existing services. 3. That the project does not have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly, because the project is a residential development designed to provide a safe living environment for people. In addition, in excess of the required landscaped open space is provided, which will help to screen the project from adjacent uses, provide additional recreation space, and provide an offset for Carbon Dioxide de (CO2) emissions. 251 of 491 Resolution No. 2019 — Page Two 4. The proposed project has been reviewed in compliance with CEQA for which a Mitigated Negative Declaration (MND) has been prepared. The MND has determined that, although the proposed project could have a significant effect on the environment without mitigation, there will not be a significant effect in this case because the mitigation measures described in the Mitigation Monitoring and Reporting Program (MMRP), included as part of the certified MND, reduce the impact to a less than significant level with mitigation incorporated. BE IT FURTHER RESOLVED that the City Council has considered the proposed Negative Declaration No. 2017-04 IS, together with any comments received during the public review process, and finds on the basis of the whole record (including the Initial Study and any comments received) that there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigation Negative Declaration reflects the City's independent judgment and analysis, and hereby approves the Mitigation Negative Declaration and authorizes the filing of a Notice of Determination. PASSED and ADOPTED this 22nd day of January, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 252 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 253 The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption of a Resolution of the City Council of the City of National City, California, approving a General Plan Amendment and Tentative Subdivision Map for the rezoning of property at East l6th Street and M Avenue from Small Lot Residential (RS-2) to Medium -Density Multi -Unit Residential (RM-1) in order to construct a 29-unit residential development and authorizing the filing of a Notice of Determination. (Applicant: Ralph Gonzales) (Case File No. 2017-04 GPA, S) (Planning) Please scroll down to view the backup material. 253 of 491 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 22, 2019 AGENDA ITEM NO. ITEM TITLE: Public Hearing and Adoption of a Resolution of the City Council of the City of National City, California, approving a General Plan Amendment and Tentative Subdivision Map for the rezoning of property at East 16th Street and "M" Avenue from Small Lot Residential (RS-2) to Medium -Density Multi -Unit Residential (RM-1) in order to construct a 29-unit residential development. (Applicant: Ralph Gonzales) (Case File No. 2017-04 GPA, S) PREPARED BY: Martin Reeder, AICP PHONE: ;619-336-4313 DEPARTMENT: Planning. APPROVED BY: EXPLANATION: The applicant is proposing to merge nine undeveloped single family lots into one and develop the site with a 29-unit residential condominium project. The site includes the westerly half of the vacated portion of "M" Avenue adjacent to the east of the properties. In order to build this type of project, the existing single-family zoning needs to be changed to a multi -family land use and zone. This type of change requires a General Plan Amendment to change the land use from Low -Medium Density Residential to Medium Density Residential land use, and a Zone Change from Small Lot Residential (RS-2) to Medium -Density Multi -Unit Residential (RM-1). The amendment and zone change were initiated together by the Planning Commission last year. The Zone Change is addressed in a separate Ordinance. The attached background report describes the project in detail. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Mitigated Negative Declaration (MND) ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: ;Staff concurs with the Planning Commission recommendation. BOARD / COMMISSION RECOMMENDATION: The Planning Commission recommended approval of the General Plan Amendment, Zone Change, and Tentative Subdivision Map. Vote: Ayes — Baca, DelaPaz, Garcia, Sendt, Quintero, Yamane Noes: Flores ATTACHMENTS: 1. Background Report 5. Site Photos 2. Recommended Findings 6. Applicant's Plans 3. Recommended Conditions 7. Public Notice 4. Overhead 8. Resolution 254 of 491 BACKGROUND REPORT Staff Recommendation Staff recommends approval of the proposed General Plan Amendment, Zone Change, and Tentative Subdivision Map. The proposed development meets three General Plan Policies related to Land Use, and is also consistent with the City's Housing Element. Executive Summary The applicant is proposing to merge nine undeveloped single family lots into one and develop the site with a 29-unit residential condominium project. The site includes the westerly half of the vacated portion of "M" Avenue adjacent to the east of the properties. In order to build this type of project, the existing single-family zoning needs to be changed to a multi -family land use and zone. This type of change requires a General Plan Amendment to change the land use from Low -Medium Density Residential to Medium Density Residential land use, and a Zone Change from Small Lot Residential (RS-2) to Medium -Density Multi -Unit Residential (RM-1). The amendment and zone change were initiated together by the Planning Commission last year. History The Planning Commission initiated the General Plan Amendment and Zone Change on May 1, 2017. As mentioned above, the project also included the vacation of the portion of "M" Avenue adjacent to the site. The City Council initiated the Street Vacation on April 4, 2017. The Planning Commission held a hearing to determine if the vacation was in conformance with the General Plan. After considering concerns from the National School District, who own the property on the opposite side of the "M" Avenue right-of-way, the Planning Commission determined General Plan conformance on June 5, 2017. The City Council ordered vacation of the 451 feet of "M" Avenue adjacent to the project on August 1, 2017. The Planning Commission conducted a public hearing at their meeting of December 3, 2018 and voted to recommend approval of the General Plan Amendment, Zone Change, and Tentative Subdivision Map by a vote of six to one. Site Characteristics The project site is comprised of nine existing single-family lots, all of which are vacant, and 451 feet of the half width (30 feet) of "M" Avenue to the east, which has now been vacated. The whole project area is approximately 74,500 square feet in size, or roughly 1.7 acres, and is undeveloped. ATTACHMENT 1 255 of 491 The area slopes down from East 16th Street to South Bay Plaza (south to north) and from west to east, to form a rough valley shape. There is an existing single-family neighborhood to the west, which is located atop and behind a large hill; there is an existing mixed -density neighborhood of duplexes and triplexes located across East 16th Street to the south; South Bay Plaza is located to the north, beyond an existing grove of trees at the bottom of the valley area; the National School District offices and bus yard is located to the east, on the other side of the vacated "M" Avenue. The street was considered a "paper street" (the street was shown on the Assessor's Parcel Map but was not developed as a street). The property to be developed has a current land use designation of Low -Medium Density Residential, which allows up to nine units per acre. The current zoning designation is RS-2, which generally allows one single-family residence per lot. Proposal The applicant wishes to construct a 29-unit multi -family residential development on the site. The project consists of nine buildings and 75 parking spaces (45 garage and 29 open), along with required open space. The project would be a condominium project with each unit owned individually and the property being jointly owned by the 29 potential owners. The project is being called "City Village" and is a grouping of 29 three -bedroom, two and half bath, and two-story townhomes. For most units there are individual entries, one or two car garages, and private patios and balconies. The architectural style echoes the area's early Spanish heritage. The project is a gated community in a suburban setting providing both safety along with common use areas for growing families. Abundant landscaping, including trees, shrubs, vines, and groundcover, is provided, which also aids in visual screening of and from surrounding areas. Because the Low -Medium Density Residential land use and RS-2 zone designations only allow a maximum density of nine units per acre and one unit per lot respectively, the existing land use and zoning maps need to be changed to accommodate the development, which requires both a General Plan Amendment (Land Use Map) and a Zone Change (Zoning Map). As previously mentioned, these changes have been initiated. This step is the next part of the process in which public hearings are held at both the Planning Commission and City Council level. 2 256 of 491 Analysis When considering a General Plan Amendment and Zone Change, the Planning Commission must take into account the surrounding land uses and neighborhood makeup, as well as consistency with the General Plan and other governing documents. The single-family neighborhood to the west of the project area has an average density of around five units per acre. The mixed -density neighborhood to the south (one block either side of "M" Avenue) has an average density of approximately 11 units per acre. The proposed 29-unit project would result in a density of approximately 17 units per acre, similar to the neighborhood to the south. Although roughly three times the density of the properties to the west, the project site is separated by grade from these properties and would not be a direct impact to the single-family area. Under the current land use and zoning, a 1.7-acre parcel would yield approximately 15 units. If rezoned to RM-1 (Medium -Density Multi -Unit Residential), as proposed by the applicant, the parcel would yield approximately 39 units. However, the applicant is only proposing 29 units. As part of this General Plan and zoning amendment application, the developer is also applying for a Tentative Subdivision Map, which allows review of the architecture and design of the project. Conditions will ensure the number of units will be kept at 29. General Plan If amended, the Land Use designation for this property will be Medium Density Residential, which has a maximum density range of 9 to 23 units per acre. In this case, the project is at a proposed density of 17 units per acre, within the allowable range. There are several General Plan Policies that are pertinent to this proposal, specifically: Policy LU-2.3: Provide for a variety of housing types including, but not limited to, single-family attached and detached, multifamily apartments, condominiums, and mobile homes. Policy LU 4.3: Promote infill development, redevelopment, rehabilitation, and reuse efforts that contribute positively to existing neighborhoods and surrounding areas. Policy LU-7.1: Establish incentives to promote the use and development of vacant infill parcels and the intensification of land uses on underutilized parcels to realize the greatest benefit to the community. 3 257 of 491 The area is vacant and prime for development. Having a comprehensive residential project in this area will contribute to the City's housing needs. The area is not homogenous in nature with regard to residential housing types — there are single-family residences on larger lots located to the west, with a mix of medium to higher -density properties to the south across East 16th Street; these lots are developed with everything from duplexes, to triplexes, to apartments. Housing Element The nine lots adjacent to "M" Avenue were originally subdivided from one large property in 2000. The area has remained vacant ever since. Merging the parcels and adding half of the vacated street to the east would increase the potential of the property. The resultant property size and configuration would be better able to provide a mix of housing that is consistent with the needs of the Housing Element, which focuses on (among other things): • Matching housing supply with need • Maximizing housing choice throughout the community Land Use Code (LUC) The RM-1 zone allows for up to 23 units per acre. The proposed project has a density of approximately 17 units per acre. In the case of a 1.7-acre project area, the maximum allowable number of units would be 39. However, the applicant is limiting the project to 29 units. There is also a maximum lot coverage of 75% of the lot. The project is within these parameters. Architecture The development features eight buildings laid out in four groups. The two groups in the center of the development have central common area courtyards that include seating and barbecue areas. Most of the buildings are two-story in design, with the exception of the central two buildings, which are three stories tall. These structures have four units below with one unit above. This massing allows a transition from the street from lower to higher, thus respecting the lower heights along East 16th Street. The architectural style is Spanish/Mediterranean, featuring stucco walls, balconies, lots of wall -plane variation, pitched roofs, shutters, and arched windows in some cases. The roofs will be one of three styles — tile, concrete, or asphalt shingle. The LUC requires consideration of the impact of bulk on neighboring properties, facade and roof articulation, scale that is sensitive to surrounding uses, balconies and porches, adequate disposal facilities, minimum amount of laundry facilities, and adequate storage space. The 4 258 of 491 tentative project plans (Attachment No. 5, Exhibit "A") are consistent with LUC requirements, which are also included as conditions of approval. Landscaping The concept landscape and irrigation plan submitted with the application shows a robust plant palette with street, screening, and canopy trees; and shrubs, ground cover, and vines. The landscape plan is included as part of Attachment No. 5, Exhibit "A". While all areas along the property and building frontages are shown as landscaped, the most prominent part of the landscape and irrigation plan is south of the project in what was the recently vacated westerly 30 feet of "M" Avenue right-of-way. The project bio-retention system is located in this area, which also includes planted retaining walls, trellises with seating areas, a scenic walkway, and vehicular access path. There is also a tot lot located in the northeast corner of the project. The open space area will be graded such that the entire project will drain to and be retained by the area, which will ensure that no storm water impacts affect adjacent properties. Conditions of approval include compliance with Chapter 18.44 (Landscaping) of the LUC, with particular emphasis on Section 18.44.190, which related to water efficient landscape requirements. Storm water requirements are par of the Engineering Department conditions. Open Space Multi -unit residential projects have a minimum amount of private and common open space that is required, which is exceeded in this project. Open space is required as follows: • Private open space — 60 square feet per unit o Excess private open space may count toward common open space requirements (each square -foot of excess counts as two square feet of common open space) • Common open space 0 300 square feet per unit (up to 200 square feet may consist of excess private open space) The applicant is proposing the following mix of open space: Open Space Open space required Open space provided Private 1,740 4,500 (+2,760)* Common 8,700 9,120 (3,600 + 5,520*) 5 259 of 491 The numbers in the table above are all areas that are provided on site. The bio- retention area and walkway area is also considered common open space and is more than 13,500 square feet in size. This area also acts a visual buffer, both for project residents and adjacent uses. Parking/Circulation Parking for multi -unit residential projects is required as follows: • Studio or one- bedroom units — 1.3 spaces per unit • Two or more bedrooms — 1.5 spaces per unit • Guest parking o First 20 units — half a space per unit o Over 20 — quarter space per unit The applicant is proposing the following mix of units: Resident parking Spaces required Spaces provided 2 bedrooms (29) 44 47 Guest parking 13 13 Total parking 57 60 Parking has been provided in excess of the required amount. While not required, all but four of the units have private garages. Of the 25 units with garages, nine have two -car garages and 16 have one -car garages. Enough surface spaces are provided to afford the minimum resident and guest parking requirement, as well as three additional parking spaces. Tentative Subdivision Map The proposed subdivision is consistent with the Subdivision Ordinance. As previously mentioned above, the development would be a condominium project with each unit owned individually and the property being jointly owned by the 29 potential owners. Conditions of approval include the requirement for a Home Owner's Association and Codes, Covenants, and Restrictions (CC&Rs), which will ensure that all development improvements are maintained for the life of the project. In addition, the density, lot dimensions, and minimum lot size requirements are consistent with the Subdivision Ordinance. Required findings for approval of the Tentative Subdivision The Municipal Code contains required findings for Tentative Subdivision Maps. There are nine required findings: 6 260 of 491 1. The proposed map is consistent with the National City General Plan and applicable specific plans. The project is in compliance with all required density and zoning requirements, provides additional home ownership opportunities consistent with the General Plan and Housing Element, and meets all requirements of the Subdivision Ordinance (NCMC Title 17), including minimum lot size and dimension. There are no specific plans in the area. 2. The site is physically suitable for the proposed type of development. The 1.7-acre property can accommodate the requested number of units within the limits for density and lot coverage established by the General Plan and Land Use Code. 3. The site is physically suitable for the proposed density of development. The proposed multi -family residential development, at a density of 17 units per acre, is less than the 23 units per acre allowed in the Medium -Density Multi -Unit Residential (RM- 1) zone, and the proposed infill development increases the available housing units in the City. 4. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The property is surrounded by urban development and there are no bodies of water present on -site. While there is plant habitat on site in the form of native and non-native grassland, San Diego Ambrosia, and onsite drainage, the Mitigated Negative Declaration for this project provides for mitigation that will reduce potential impacts to a level of less than significance. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems. The property is currently vacant and surrounded by existing urban development. In addition, the land use and zoning designations as proposed allow for the density requested, which has been analyzed as part of the Mitigated Negative Declaration associated with this project. 7 261 of 491 The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. No such easements exist or would be affected by the proposed development. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. The project is required to install sewerage systems that meet current requirements for sewage disposal by the Conditions of Approval of this permit. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. The project will provide twenty-nine new homeownership opportunities, which is consistent with and encouraged by the City's Housing Element. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. The landscape plan submitted as part of the proposal provides in excess of the required common open space area for such developments. All new construction proposed will be in compliance with the California Building Code, which takes such factors in to consideration. Findings for denial There are also two findings for denial of the proposal based on General Plan consistency and habitat impacts: 1. The proposed map is not consistent with the National City General Plan. 8 262 of 491 The project is not in compliance with the required density and zoning requirements of the surrounding Small Lot Residential (RS-2) zone; the proposed density of 17 units per acre exceeds the average area density of eleven units per acre. The increased density would be out of character with that of the surrounding area. 2. The design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure plant habitat. There is plant habitat on site in the form of native and non-native grassland, San Diego Ambrosia, and onsite drainage, which will require removal and replacement elsewhere in order to accommodate the project. Department comments Comments were provided by the Fire Department and Sweetwater Authority. The Fire Department requires compliance with fire codes related to fire protection and property access; Sweetwater Authority comments referred to required water infrastructure and final map information. Conditions of Approval Standard Conditions of Approval for Tentative Subdivision Maps have been included in the staff report, as well as those addressing department and agency comments as discussed above. Standard Engineering Department conditions related to final maps are likewise included. Planning Department conditions are related to building permit requirements, cultural resource protection during grading, off -site parking, homeowners association, and CC&Rs (Codes, Covenants, and Regulations). In addition, all mitigation measures contained in the Mitigation Monitoring and Reporting Program (MMRP) attached to the Mitigated Negative Declaration (MND) are included as conditions of approval. Summary The subject property is vacant and prime for development. In order for the applicant to be able to develop the property in a comprehensive and efficient manner, the zoning needs to be changed. The existing lots are large and it is generally not economically feasible to develop all nine lots together in a manner beneficial to both the developer and the City. Changing the land use and zoning would allow for a quality development that is closer to the average density of nearby residential areas. The proposed development meets three General Plan Policies related to Land Use and is also consistent with the City's Housing Element. In addition, the proposed project would be consistent with all requirements for architectural design, landscaping, open space, and on -site parking. 9 263 of 491 Options 1. Approve 2017-04 GPA, ZC, S subject to the attached conditions of approval, based on the attached findings or findings to be determined by the City Council; or 2. Deny 2017-04 GPA, ZC, S based on the attached findings or findings to be determined by the City Council; or, 3. Continue the item to a later date in order to obtain additional information. If the City Council certifies the associated MND and approves the project, an Ordinance amending the General Plan and Zoning Map will need to be subsequently introduced and adopted. 10 264 of 491 RECOMMENDED FINDING FOR APPROVAL OF THE GENERAL PLAN AMENDMENT 2017-04 GPA — 16th & "M" Avenue 557-351-17 through 25 1 The proposed development is consistent with General Plan Land Use Policies LU- 2.3, LU 4.3, and LU-7.1, because the area is vacant and prime for development. Having a comprehensive residential project in this area will contribute to the City's housing needs. The area is not homogenous in nature with regard to residential housing types — there are single-family residences on larger lots located to the west, with a mix of medium to higher -density properties to the south across East 16th Street. These lots are developed with everything from duplexes, to triplexes, to apartments. RECOMMENDED FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 2017-04 S — 16th & "M" Avenue 557-351-17 through 25 1 The proposed map is consistent with the National City General Plan and applicable specific plans, because the project is in compliance with all required density and zoning requirements, provides additional home ownership opportunities consistent with the General Plan and Housing Element, and meets all requirements of the Subdivision Ordinance (NCMC Title 17), including minimum lot size and dimension. There are no specific plans in the area. 2. The site is physically suitable for the proposed type of development, because the 1.7- acre property can accommodate the requested number of units within the limits for density and lot coverage established by the General Plan and Land Use Code. 3. The site is physically suitable for the proposed density of development, because the proposed multi -family residential development, at a density of 17 units per acre, is less than the 23 units per acre allowed in the Medium -Density Multi -Unit Residential (RM-1) zone, and the proposed infill development increases the available housing units in the City. 4. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife ATTACHMENT 2 265 of 491 or their habitat, because the property is surrounded by urban development and there are no bodies of water present on -site. While there is plant habitat on site in the form of native and non-native grassland, San Diego Ambrosia, and onsite drainage, the Mitigated Negative Declaration for this project provides for mitigation that will reduce potential impacts to a level of less than significance. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, because the property is currently vacant and surrounded by existing urban development. In addition, the land use and zoning designations as proposed allow for the density requested, which has been analyzed as part of the Mitigated Negative Declaration associated with this project. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, because no such easements exist or would be affected by the proposed development. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6, because the project is required to install sewerage systems that meet current requirements for sewage disposal by the Conditions of Approval of this permit. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources, the project will provide twenty-nine new homeownership opportunities, which is consistent with and encouraged by the City's Housing Element. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage, because the landscape plan submitted as part of the proposal provides in excess of the required common open space area for such developments. All new construction proposed will be in compliance with the California Building Code, which takes such factors in to consideration. 266 of 491 RECOMMENDED FINDINGS FOR DENIAL OF THE TENTATIVE SUBDIVISION MAP 2017-04 S — 16th & "M" Avenue 557-351-17 through 25 1 The proposed map is not consistent with the National City General Plan, because the project is not in compliance with the required density and zoning requirements of the surrounding Small Lot Residential (RS-2) zone; the proposed density of 17 units per acre exceeds the average area density of eleven units per acre. The increased density would be out of character with that of the surrounding area. 2. The design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure plant habitat, because there is plant habitat on site in the form of native and non-native grassland, San Diego Ambrosia, and onsite drainage, which will require removal and replacement elsewhere in order to accommodate the project. RECOMMENDED FINDING FOR DENIAL OF THE GENERAL PLAN AMENDMENT 2017-04 GPA — 16th & "M" Avenue 557-351-17 through 25 1. The proposed development is not consistent with the General Plan, because the proposed development will result in a density of 17 units per acre, which exceeds the average area density of eleven units per acre. The increased density would be out of character with that of the surrounding area. 267 of 491 RECOMMENDED CONDITIONS OF APPROVAL 2017-04 GPA, ZC, S, IS — 16th & "M" Avenue 557-351-17 through 25 General 1 This General Plan Amendment, Zone Change, and Tentative Subdivision Map authorizes a 29-unit residential condominium project located northwest of the intersection of East 16th Street and the former "M" Avenue right-of-way. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibits A and B, Case File No. 2017-04 GPA, ZC, S, IS, dated 6/18/2018). 2. This General Plan Amendment, Zone Change, and Tentative Subdivision Map shall not become effective until the Mitigated Negative Declaration associated with the project has been certified and the Notice of Determination for filed. 3. This Tentative Subdivision Map shall not become effective until the General Plan Amendment and Zone Change have been approved. 4. Before this General Plan Amendment, Zone Change, and Tentative Subdivision Map shall become effective, the applicant and/or the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the General Plan Amendment, Zone Change, and Tentative Subdivision Map. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the General Plan Amendment, Zone Change, and Tentative Subdivision Map are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the City Manager or assign prior to recordation. 5. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk. The current fee to record the Notice of Determination for a Mitigated Negative Declaration is $2,280.25, but may be subject to change. ATTACHMENT 3 14 268 of 491 6. Approval of the Tentative Subdivision Map expires two (2) years after adoption of the resolution of approval at 6:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code §17.04.070. Building 7. Plans submitted for improvements must comply with the current editions of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. Engineering 8. A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. 9. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 10. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 11 All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development. 12 The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or, its successors or assigns, shall be remove and relocate all irrigation items from the 15 269 of 491 public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 13. Metallic identification tape shall be placed between the bottom layer of the finished surface and the top of all irrigation lines in the public right-of-way. 14.A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A check list for preparation of the grading plan/drainage plan is available at the Engineering Department. 15.AII existing and proposed curb inlet on property shall be provided with a "No Dumping" signage in accordance with the NPDES program. 16.A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of- way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 17.Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 18.A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. 19.The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. 16 270 of 491 20. The existing street improvements along the property frontage(s) shall be kept free from weed growth by the use of special weed killers, or other approved methods. 21.AII existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 22.A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 23. Street improvements shall be in accordance with the City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. 24.A title report shall be submitted to the Engineering Department, after the City Council approval, for review of all existing easements and the ownership at the property. 25. All new dwellings are subject to a Transportation Development Impact Fee. This includes new homes, condos and apartments. The current fee is $2,484 and typically increases by approximately 2% per fiscal year (July 1 to June 30).. 26.AI1 electrical, telephone and similar distribution service wires for the new structure(s) shall be placed underground. 27.A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 28.A hydromodification plan or a letter sealed and signed by the Engineer of Work explaining why the project is exempt from hydromodification requirements shall be submitted. 29. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 30. The developer shall submit to the Fire Department a letter from Sweetwater Authority stating existing fire flow. If determined by the Fire Department that additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Sweetwater Authority prior to obtaining the final map approval. 17 271 of 491 31. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 32. SUSMP documentation, as necessary, must be submitted and approved. 33. The final map shall be recorded prior to issuance of any building permit. 34.AII new property line survey monuments shall be set on private property, unless otherwise approved. 35. The parcel map/final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. Fire 36. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA), and the current edition of the California Code of Regulations at the time of plan submittal. 37. Fire apparatus access roads shall comply with the requirements of this section (CFC 2016 Edition - Section 503.1.1) and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. This comment shall apply to new residential structures. 38. The required width of emergency fire apparatus access roads shall not be obstructed in any manner, including parking of vehicles. All access roads shall be no Tess than 20 feet wide, no less than 14 feet high and shall have an all-weather road with the ability to support 75 thousand pounds or greater. Where a fire hydrant is located on a fire apparatus road, the minimum road width shall be 26 feet. A 28 foot turning radius is required for fire department access through site. All fire department access roads shall be painted and signed to prevent parking in these required designated emergency areas. 39. Buildings or portions of buildings or facilities exceeding 30 feet in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway. 40. Fire hydrants that may be located throughout the project as not to have a separation distance greater than 400 feet. Fire hydrants to be located within 400 feet of all 18 272 of 491 locations which are roadway accessible (Measurement starts from nearest public fire hydrant to project). 41. The following items pertain to fire hydrants: a. Size and location, including size and number of outlets and whether outlets are to be equipped with independent gate valves. b. Fire hydrant to be of three outlet design. 42. Provide calculation confirming flow availability to meet fire flow demands and supply large diameter hose (4 inch). 43. Fire hydrants to be marked by use of blue reflective marker in the roadway. 44. Upon submittal for an underground permit, the following shall be included: • Data sheet for Back -Flows • Data sheets for Private and Commercial Hydrants • Data sheets for Post Indicator Valves Information on required fire hydrants back -flow devices, etc.; can be acquired from Sweetwater Authority. All pipes and their appliances, shall meet industry/code standards for underground use. 45. Fire Sprinklers will be required for this project. 46. If entrance/exit gates are used, gates shall be equipped with Knox Box and Emergency Strobes so as to provide emergency vehicle access and egress. A Knox Key Switch shall be required in conjunction with strobe for emergency access, and shall be placed at front of property. Please contact the National City Fire Department for exact field location. 47. Should any plan corrections be required, contractor must correct the plan and re- submit to the Fire Department for approval once again prior to installation. Planning 48. Plans submitted for construction shall comply with Land Use Code requirements and design guidelines related to bulk, facade and roof articulation, scale that is sensitive to surrounding uses, balconies and porches, adequate disposal facilities, minimum amount of laundry facilities, and adequate storage space. 49. Plans submitted for construction shall include a landscape and irrigation plan in compliance with Land Use Code Chapter 18.44 (Landscaping), including Section 18.44.190, related to water efficient landscape requirements. The landscaping required by this approval shall be maintained for the life of the project. 50. If any cultural resources are found during grading or construction, work is to stop and the lead agency and a qualified archaeologist be consulted to determine the importance of the find and its appropriate management. In the event of the 19 273 of 491 accidental discovery or recognition of any human remains during construction, the applicant is required take all appropriate steps as required by relevant federal, state, and local laws. 51.All trash enclosures shall be in compliance with Municipal Code Title 7, Section 7.10.080 (Enclosures required), including the use of flame retardant materials. 52. All site and project lighting shall in compliance with Municipal Code Title 18.46 (Outdoor lighting). 53. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of parking areas, walks, buildings, utilities and open spaces prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 54.A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 55.Impacts to native and non-native grasslands shall be mitigated off site. Impacts to native grasslands (e.g., grasslands having at least 10% native cover) shall be mitigated at a minimum of 2: 1 and non-native grasslands be mitigated at a 1: 1 ratio. 56.There is a patch of several hundred specimens of San Diego Ambrosia (Ambrosia pumila) located at the northern end of the property. This is a high -profile sensitive species. Project conditions require mitigation in the form of salvage and transplantation. Approval of a translocation plan is required prior to initiating ground disturbing activities. The translocation plan should specify: 1) the methods used for translocation (e.g., timing of translocation, seed collection, soil retention, etc.); 2) the location and suitability of the receptor site; 3) a long-term management plan for the receptor site; and 4) a long-term funding mechanism. The translocation receptor site should have long-term conservation value, be contiguous with other large, conserved tracts of land, and be managed and protected in perpetuity. The translocation plan should be submitted for review and 20 274 of 491 approval by the Department of Fish & Wildlife prior to the onset of project impacts. 57.The onsite drainage is considered as Freshwater Emergent Wetland, which qualifies as jurisdictional wetlands/waters. State and federal permitting to allow this drainage to be impacted will be required by the US Army Corps of Engineers, San Diego Regional Water Quality Control Board, and California Department of Fish and Wildlife. All required permits or related authorizations for the project related to impacting wetlands/waters are a condition of project approval and will need to be secured prior to any development activities taking place. 58.The landscape design and planting palette shall use native plants to the greatest extent feasible in landscaped areas. The Project applicant shall not plant, seed, or otherwise introduce invasive exotic plant species to landscaped areas adjacent and/or near native habitat areas. Exotic plant species not to be used include those species listed on the California Invasive Plant Council's (Cal-IPC) Invasive Plant Inventory. This list includes (but is not limited to) the following: pepper trees, pampas grass, fountain grass, ice plant, myoporum, black locust, capeweed, tree of heaven, periwinkle, sweet alyssum, English ivy, French broom, Scotch broom, and Spanish broom. 59. In order to prevent potential impacts regarding the spread of invasive species during vegetation clearing activities, prior to any such work being undertaken all new equipment introduced to the project area shall be cleaned, and all equipment shall be maintained daily. Additional techniques for minimizing the spread of invasive plant species during construction activities can be found at https://www.cal ipc.org/solutions/ prevention/. Sweetwater Authority 60. Water service must be provided from an Authority owned water main located within the public right-of-way or an Authority owned easement. Following vacation of the undeveloped portion of "M" Avenue, all water to serve the site shall be required to be obtained from an existing 16-inch PVC water main located within the right-of-way on East 16th Street. 61. The Final Map shall be submitted to the Authority for its review and comments prior to recordation. 21 275 of 491 2017-04 GPA, ZC, S, IS — 16th & "M" — Overhead ATTACHMENT 4 rn 0 co N. N N N Site Photos — 2017-04 GPA, ZC, S, IS — East 16th Street & "M" Avenue Looking north from East 16th Street Looking northwest from East 16th Street ATTACHMENT 5 23 277 of 491 EXHI131T; /- CASE FILE NO.: 2-0%i .-04t VA- / ZG / S, ) 5 DATE; 6 i (8 / 1 - FIRST FLOOR FLOOR FLAN AVERA..GE SIZE: 1 A3O 5. F SEOOND FLOOR ATTACHMENT 6 GITY VILLAGE 1 0 " STRGGT, NATIONAL CM" GGRaesians P.011l:61.660.116 IEB:CL-RpL5161fiL0- 24 278 of 491 ADDRESS 16THd M AVE, NATIONAL GMT GA 919 _ LONE RM-I 1 6th STREET LOOKING NORTH - A 16th STREET fl SITE PLAN a•. • 1'.2GC CITY VILLAGE IS A GROUPING OF 29 THREEBEOROOM TWO AND S BATHS TWO STORY TOWNHOMES. FOR 1,051" UNITS THERE ARE INDIVIDUAL ENTRY'S. ONE OR TWO GAR GARAGES. AND PRIVATE PATIOS AND BALCONIES. THE BUILDING MASSING SUGGESTS ELEMENTS FOR THE AREAS EARLY SPANISH HERITAGE. A GATED GOMMUNTY IN A SUBURBAN SETTING. PROVIDING BOTH SAFETY ALONG WITH COMMON USE AREAS FOR GROWI116 FAMILIES. ABUNDANT LANDSCAPING PROVIDES MINIMAL VISUAL IMPACT TOWARD THE SURROUNDING AREAS. •75—..1....... .. :. ..N,...,'-cr.,=;•.. :6 as 'w UNIT • 1 2 UNIT • I O S 1 1 ' " UNR•25 TQl LOT ex48c°3r`ira`akiVe UN1T..3O �YCE 11ZEf5EJ PARKING STILE PRIVATESPACE1519 ] A 1490 2ATTACHEp TOWNHOUSE 1005FBALGOHY 1 20FAT10 Al 1450 I ATTACHED TOWNHOUSE 100 5SF BALCONY 1 CARPORT 4 B 1446 2ATTACHED TOWNHOUSE 1005F BALCONY 1005F PATIO 4 B1 1446 1 ATTACHED TOWNHOUSE 100 SF BALCONY 2 C. 1200 2 CARPORT FLAT 120 SF PATIO 4 D 1450 1TTTACHED TOWNHOUSE 2005F BALCONY I CARPORT 2 1446 1ATTACHED TOWNHOUSE I20 SF BALCONY 1 CARPORT F 1450 1 ATTACHED TOWNHOUSE 120SP BALCONY I CARPORT 2205F PATIO 2 6 1450 2ATTACHED TOWNHOUSE 120 SF BALCONY 2205F PATIO 2 61 1450 AATTACHED TOWNHOUSE 1205E BALCONY 1 CARPORT 220 SFPATIO 29 TOTAL AREA CALCULATIONS PRIVATE SPACE REOIPRED 29 UNITS x 605F - 11405F PRIVATE SPACE SHOWN 45005F COMMON SPACE REOu1RE0 29 UNITS x5005F. 57005F COMMON SPACE PROVIDE ON SITE l5 AREAS 1200 5F. 56005F 01PPERENCE 51005F EXCESS PRIVATE SPACE 45005F- 11405F. 21605F EXCESS PRIVATE SUBSTITUTED FOR COMMON 5F.• 2760 5F x 2. 5524 5E LARGER THAN 5 100 5F PARKING REQUIRED: 29 x 1.S SPACES PER UNIT 4 SFACE5 GUEST PARKING REQUIRED 5 SPACES FOR PIR5T 20 UNITS • 10 .25 FOR21-29 . 5 TOTAL REOUIRED PARK N6 SPACES .51 SPACES TOTAL PARKING SPACES ON 51TE . 6O SPACES PROJECT LOOK ROOF MATERIALS COMMON AREA CITY VILLAGE 1 6T'• STREET, NATIONAL CITY GCRdesigns x9 E rap .e...me. .scam 25 16N4F1SC14 v0331524 .G14031 279 of 491 s PROPOSED )•J4TTC GATES ENHANCED COLORED LAND STAMPED CONCRETE, TYPICAL . 'IAN GATE-: GROUNDCOVER, TYPICAL STREET TREES. TYPICAL M':ORAA'T{in...T'ON SMALL ' VERTICAL. _. -,,: FLOWERING -COLUMNAR TREES, SHRUB, TYPICAL TYPICAL -' ��> �3 > Zj.' >.. i�,:{� •4�_ '.+'.4i'!••_ ele 8.33%RAMP -REMOVE EXIBIEVIEVEHICULAR FENCE APIDUSE.RAMP WITH BLACK CHAIN LINK AND GATE LANDSCAPE CONCEPT PLAN SCALE I'=16'0' PLANTING NOTES .•.•••fIt •• PROPOSED RETAINING WALLS, ATYPICAL 1. THE PLANTING PLANS ARE DIAGRAMMATIC. MINOR ADJUSTMENTS IN PLANT LOCATIONS AND TYPE MAY BE MADE AT THE DISCRETION OF THE LANDSCAPE ARCHITECT. 2 ALL PLANT MATERIAL SHALL BE SUBJECT TO THE APPROVAL OF THE LANDSCAPE ARCHITECT AND REPLACED UPON REQUEST BEFORE OR AFTER THE PLANTING. 1. THE LANDSCAPE CONTRACTOR WILL COORDINATE HIS WORK WITH THE OTHER TRADES AND MAINTAIN DRAINAGE DURING CONSTRUCTION. J. PLANT QUANTITIES AND AREAS SHOWN ON LEGENDS ARE FOR CONTRACTORS CONVENIENCE IN ESTIMATING ONLY. CONTRACTOR IS RESPONSIBLE FOR PROVIDING PLANT MATERIALS TO COVER ALL AREAS AS SHOWN ON PLANS. SLOPE ALL PLANTING AREAS AWAY FROM BUILDING AT 2% MINIMUM FOR 5 FEET MINIMUM, WHERE APPLICABLE. d. LANDSCAPE ARCHITECT SHALL APPROVE FINAL PLACEMENT OF ALL TREES, SHRUBS. AND VINES PRIOR TO PLANTING. 7 TREE AND SHRUB PITS 5 GALLONS AND SMALLER SHALL BE TWO TIMES ROOTBALL DIAMETER WIDE AND 1-1l2 TIMES CONTAINER DEPTH. d. TREE AND SHRUB PITS 15 GALLONS AND LARGER SHALL BE TWO TIMES ROOTBALL DIAMETER WIDE AND 1• LESS THAN CONTAINER DEPTH. 9. TREE STAKING SHALL BE DONE ONLY IF ESSENTIAL AND REQUIRED BY THE LANDSCAPE ARCHITECT. TREES THAT CANNOT STAND WITHOUT THE NURSERY STAKE SHALL BE REJECTED. CONTRACTOR SHALL BE RESPONSIBLE FOR THE TREES STABILITY DURING THE LENGTH OF THE GUARANTEE PERIOD. ALL STAKING AND GUYING MATERIALS SHALL BE REMOVED AT THE END OF THE 1-YEAR TREE GUARANTEE PERIOD. 10. DO NOT DAMAGE PLANT ROOTBALL DURING TRANSPORTATION OR PLANTING. I1. CONTRACTOR SHALL USE THE FOLLOWING AMENDMENT SCHEDULE FOR BIDDING PURPOSES ONLY. ASOIL TEST SHALL BE MADE BY LANDSCAPE ARCHITECT. AND RECOMMENDED AMENDMENTS SHALL BE USED FOR ACTUAL INSTALLATION. 100 LBS. OF GYPSUM PER 1000 SQ. FT. 70 LBS. OF TRI-C (6-24 W/ 5% SULFUR) PER 1000 SQ. FT. 8 LBS. OF IRON SULFATE PER 1000 SQ. FT. 25 LBS. OF SOIL SULFUR PER 1000 50. FT. 5 CUBIC YARDS OF NITROLIZED ORGANIC AMENDMENT PER 1000 SQ. FT. (SEE NOTE 16) 12. AMENDED SOIL SHALL BE ROTOTILLED TO A DEPTH OF e'. 13. NO IRON SULFATE SHALL COME IN CONTACT WITH ANY MASONRY SURFACE 14. NITROLI280 ORGANIC AMENDMENT SHALL BE HUMIC COMPOST FROM 4A•+R#f#HITS ! o# •f •• •••••�•# i NEW 8' WIDE CONCRETE OR D.G. PATH AND RAMPS AGRI-SERVICE. LOAMEX' , OR APPROVED EQUAL 15. A PLANTING BACKFILL MIX FOR ALL CONTAINER PLANTS EXCEPT FERNS. A7A1 FAR, CAMELLIAS, WISTERIA, JASMINUM, OPHIOPOGON. HISSER/1AS. TRACHELOSPERMUM, ESCALLONIA, LIRIOPE. BEGONIAS. IMPATIENS, CWIAS. ROSES, OR AS NOTED IN PLAN. SHALL CONSIST OF 1/3 NITROLIZEC ORGANIC AMENDMENT AND 273 EXISTING SOIL PLUS 2-1/2 LBS. OF SOIL SULFUR. 2 LBS. IRON SULFATE PER CU. YO., 4 LBS. GYPSUM. AND 8 LBS. OF TRI.0 (6.2.4 WI 5% SULFUR) PER CUBIC YARD. B. PLANTING BACKFILL MIX FOR ALL FERNS. AZALEAS. CAMELLIAS. WISTERIA, JASMINUM, OPHIOPOGON. HIBBERTIAS,TRACHELOSPERMUM, ESCAU.ONIA, LIRIOPE, BEGONIAS, IMPATIENS, CLMAS, AND ROSES. SHALL CONSIST OF 1/3 EXISTING SOIL 1/3 NITROLIZED ORGANIC AMENDMENT ANC 1)3 THOROUGHLY WETTED PEATMOSS. AND OTHER AMENDMENTS NOTED IN 17A. MIXED TO A UNIFORM PLANTING MEDIUM, AND WATERED IN AFTER PLANTING. C. ALL PLANTED AREAS SHALL BE WATERED IN THOROUGHLY WITH SARVON^', PER MANUFACTURERS SPECIFICATIONS IN ADVANCE OF PLANTING. D. ALL PLANTS SHALL BE WATERED THOROUGHLY WITH SUPERTHRIVE"' WITHIN 1 HOUR OF PLANTING. ALL PLANTS 1-GALLON SIZE OR LARGER SHALL RECEIVE AGRIFORM 21•GRAM 20.10.5 FERTILIZER TABLETS AT THE RATES RECOMMENDED BY MANUFACTURER 16. ALL PLANTS INSTALLED FROM FLATS SHALL RECEIVE ONE AGRIFORM 5-GRAM 20-10-5 TABLET EACH, AND ALL 4' POTS SHALL RECEIVE TWO 5-GRAM TABLETS EACH. MIXED WITH A HANDFUL OF PREPARED BACKFILL PER NOTE 17. 17. ALL TYING MATERIALS AND MARKING TAPES SHALL BE REMOVED AT THE TIME OF PLANTING. 18. STAKES SHALL BE REMOVED FROM VINES AND VINES SHALL BE PROVIDED WITH AN APPROVED MEANS OF SUPPORT. 19. ALL SHRUB PLANTING AREAS SHALL BE COVERED WITH A 1• DEEP LAYER OF SHREDDED FIR SARK OR APPROVED EQUALFASTENED WITH STAPLES FLUSH TO THE FABRIC TO PREVENT MOVEMENT. 20. IF THE SOIL TEST PREVIOUSLY MENTIONED SHOWS THAT PERMEABILITY RATES ARE LESS THAN .5' PER HOUR LANDSCAPE ARCHITECT MAY REQUIRE ATREE DRAIN SYSTEM. 21. A LANDSCAPE MAINTENANCE PERIOD OF 90 DAYS SHALL BE CONSIDERED PART OF THIS CONTRACT. REFER TO THE PROJECT SPECIFICATIONS FOR DETAILS. I••••••Q BID- RETENTION AREAS PLANTED WITH GRASSES, TYPICAL. SEE SECTION BELOW PROPOSED RETAINING WALLS, TYPICAL SECTION SCALE 7 .1'.G' BBC/ AREA WITH SMALL TABLES AND FLOWERING SHADE TREES, TYPICAL STRUCTURE SEE ELEVATIONS BELOW 'EVERGREEN MEDIUM ACCENT LANU-' --.BS,TYPICAL TREE, TYPICAL HYDRANT LOCATI BIKE RACK _ ENHANCED' COLORED AND -STAMPED CONCRETE, TYPICAL ...,..,,vw{i�{y.SS.=i-...>.:S.�i'.� z'�i�Zw>.Sf>S.• c:; >::'C �>. v» •••• ••• * YMiM• BIO RETENTION AREAS PLANTED WITH GRASSES, TYPICAL 01 21 UI wl "'L SMALL FLOWERING TREES co 2I • YsJ' „WI SCREENING wL TREES, TYPICAL SCALE L10 00110-0-0i3-eee014e15R1 doe DIIO 99999IIVOIID,, 9D6 STRUCTURE WITH TABLES AND BENCHES, SEE SECTION BELOW BIO RETENTION AREAS -PLANTED - WITH GRASSES, TYPICAL , PROPOSED SHADE STRUCTURE& PICNIC TABLES AREA WITH HEADER AND BENCHES 04 B 32 LV SOtP I�:. L 2LDSCAPE 6 ARCHITECTS • 2643 401 Avenue San Diego CA 92103 phone 619.544.1977 ongeino@osotebeom www.050teb.com M STREET & 16TH AVENUE PLAT CI.AL CM. CA CRY SUBSOISAL 05.07.15 LANDSCAPE CONCEPT PLAN A PROPOS6J- minc GAT& -Eb MAN GAIE Z 0 L S ET BAC K H 1YDROZONE 2 LOW/MEDIUM — - WATER USE AHRUBS-WIT-H diRIP li--, ;, - .1 RIGATION . 1 ..., -km .... ow iql ri , lo, tit. Il k.414 •:f: 0 •Nr f • • ' • , 'Wit 2 fl/h111/11.17/110MMIIMMY//12' 41 I HYDROZONE 1 ' " LOW WATER USE 'SHRUBS WITH DRIP IRRIGATION falerliffiff Offlaff#14.,110 na* .m):+:4•Ati ;atm fi Fagg Neff I 11 1 LUL.0.1.1IUN Ari §0 WINFINPWI USE TREES WITH BUBBLER IRRIGATION ' HYDROZONE 4 SPECIAL_ LANDSCAPE AREA - RECREATIONAL USE LAWN AN zw1M7 11149 A404,7 SiEdifkozalhill if ,r7 1/1E/1/ENSHA fVt." /74 if de iiiMMI 1 ISPONEWEWORT /I/ MI Naggif#01#11 110 / 1 /MONA, pa' Ar ///// I .0,"7 OA/WM V 1 hi 0 1 17/ fir i s 'Nowa HYDROZON: SPECIAL / LANDSCAPE AREA - EDIBL CITRUS GRO 4.4. Fir NIA•i+,4 4;4143 '47,4 • '' • " • ••• • • • ,....-•••••••• • •-•,...,,&•-•.,•-•.•.—•••!••- •;•• SCHEMATIC IRRIGATION PLAN SCALE 1,16-0' il RIZOFS ill fifil AFINPM.„ „ff / PLANT LIST ABBR I SIZE I SCIENTIFIC NAME TREES err. SPP. PtA ACE PRU. K.V. TRI. CON. SHRUBS AGA. B.G. AGA DES. ALO. A.R. DIA. C.B. DE. IRL LEP. R.G. LOM. LON. PHO. A7R POD. ICE RNA. UM. SAL S.B. WES. GB. WES.. ML 24BOX 24' BOX 24' BOX 24 SOX 24' BOX S GAL 5 GAL 1 GAL. 5 GAL 1 GAL CITRUS SPECIES CLIPANIOPSIS ANACAROIOIDES PLATANUS ACERIFOUA 'COLUMBIA' PRUNUS CERASIFERA 'KRAUTER VESUVIUS' TRISTANIA CONFERTA AGAVE 'BLUE FLAME' AGAVE 'BLUE GLOW AGAVE DESMETOANA VARIEGATA' ALOE IALWAY RED' CALLISTEMON LITRE JOHN' CUPRESSUS SEMPERIARENS DIANELLA 'CPSSA BLUE DIETES IRIDIODES LANTANA SPREADWG SUNSET LIEFROSPERNUM RUBY GLOW LOMANDRA LONGIFOUOA 'BREEZE MUHLENBERGIA CAPIUAFUS NASSEUA TENNUISIMA PHORMIUM TENAX ATROPURPUREUM PODOCARPUS ELOIGATUS TONNA!: RHAPHIOLEPIS UMBELLATA 'MINOR SALVIA SANTA BARBARA WF_STRINGIA FRUI1COSA 'GREY BOX' WESTRJNGIA FROTICOSA 'MORNING UGHP I COMMON NAME ORANGETREES CARROT WOOD LONDON PLANE PURPLE LEAF PLUM BRISBANE BOX BLUE FLAME AGAVE BLUE GLOW AGAVE VARIEGATED SMOOTH AGAVE ALWAYS RED LITTLE JOHN BOTTLEBRUSH CASSA BLUE FLAX LILY AFRICAN IRIS SPREADING SUNSET LANTANA RUBY GLOW NEW ZEALAND TEA TREE DWARF MAT RUSH NAIRAINN PAULY MEGCAN FEATHER GRASS GIANT BRONZE NEW ZEALAND RAX ICEE BLUE YELLOW -WOOD DWARF YEDDO HAWTHORN SANTA BARBARA SAGE DWARF COAST ROSEMARY MORNING LIGHT COASTROSEMARY VINES MAC. LING 15 GAL I MACFADYENA UNGUIS-CATI BIO RETENTION PLANTS CHONDROPEIALUMTECTORUM JUNCUS PATENS LEYMUS CONDENSATUS 'CANYON PRINCE' GROUNDCOVERS MYO. PAR. ROS. B.S. MYOPORUM PARV1FOLIUM 'PUTAH CREEK' ROSMARINUS OFFICINAUS 'SAPPHIRE SPREADER SENECIO MANDRAUSCAE EUROPEAN GREY SEDGE SMALL CAPE RUSH CAUFORNIA GRAY RUSH CANYON PMNCE WILD RYE CREEPING MYOPORUM SAPPHIRESAflWER ROSEMARY BLUE CHAU( STICKS I I 1 .0, 111 • PR. C MAXIMUM ALLOWABLE WATER ALLOWANCE (MAWA): (ETo) x (0.62) x [(ETAF x LA) + ((1-ETAF) x SLA)] (47) x (0.62) x ((0.55 x 16,511.60) + (0.45) x SLA 185,276.90 = 185, 276.90 ESTIMATED TOTAL WATER USE (ETWU): (ETo) x (0.62) x ( [(PF x HA) + SLA ) HYDROZONE 1 LOW WATER USE SHRUBS WITH DRIP IRRIGATION (49.2) x (0.62) x ([(0.3 x 6,564.37) / .81] + 0 ) =40, 196.65 HYDROZONE 2 LOW/MEDIUM WATER USE SHRUBS WITH DRIP IRRIGATION (49.2) x (0.62) x ([(0.5 x 8,181.84) / .811+ 0 ) =100, 202.33 * HYDROZONE 3 MEDIUM WATER USE TREES WITH BUBBLER IRRIGATION (49.2) x (0.62) x ( [(0.5 x 800) / .75] + 0 ) =9, 797.53 HYDROZONE 4 SPECIAL LANDSCAPE AREA - RECREATIONAL USE LAWN (49.2) x (0.62) + 965.38 ) =23, 941.52 HYDROZONE 5 SPECIAL LANDSCAPE AREA- EDIBLE CITRUS GROVE (49.2) x (0.62) + 866.34 ) =21, 485.23 174, 138.03 ETWU = 174, 138. 03 < MAWA = 185, 276.90 2643 41h Avenue Son Diego CA 92103 phcrie 619.544.1977 ongelinoPosolelo.corn wvmosofelo.corn CRY SUBMIITAL 05.07.18 SCHEMATIC IRRIGATION PLAN SHEET L2.0 L I 281 of 491 PROJECT DIRECTORY: EXHIBIT: TENATIVE MAP NO. CASE FiLE(VO.: G0l704i 6;2c;s,I5 DATE: 6fib/2,1g 29 UNIT CONDOMINIUM DEVELOPMENT FOR 16 AVENUE AND FORMER IM I STREET NATIONAL CITY , CA W tJ 1VI1N34IS3b 1 fi 1a�us 5 111 zI I \ II I I 1 IIII / I` a 3'I 1ri a DEVELOPMENT SUMMARY: SUMMARY OF REQUEST: SIDEWALK 1 RANCH DLAA�10N PORTION OF C ARTEt ECTION 132 — —C— VEILED P~ SIDENITIk" — ) L i ) ) I— \ PAR EU-- _ • t f v PROJECT OWNER: NOEL MEZA RENOVA PROPERTIES, LLC. PO 80X 1265 RANCHO SANTA FE, CA. 92067 TEL. 858-756-8762 EMAIL: nmezol0gmail.com / / PROJECT CONTACT: RALPH GONZALES @ SMS CONSULTING 5931 SEA LION PLACE #109 CARLSBAD, CA. 92010 TEL. 760.522.1026, TEL: 760.331.873E PROJECT TEAM: ARCHITECT: CHRIS COHEN-RICHARDS CCR DESIGNS 10732 ESMERALDAS DRIVE 4' SAN DIEGO, CA 92124 TEL 6194150-9116 EMAIL: ccrdesign45Non.rr.com Bfi� Hrpn4xr naw `I— I— N1P43'09•W-3T4,1 NYDJJE smCADCW- t®ilimmil=blE l7l,1EmEmfiim•. - I:'1 ®ia/rszcor smalj 11 Imo' 11 `�E E'J!'i�EI11IF G`aVJ\� A14NiYLYE V _III R.4sutrr: ane!ea iiiiMai t r� .t EW&WM C•• CRETE OR G \\\\ \ .• D.G. PATH AND'- PS jihl AREAPLWIEDW/ fENC' ANL�PIAC GPA.15fS BANoTE \ \1 1 ) P )1 ` ,,NATION/,IL SCHOOLD'tSTRI CT SER 1 SITE DATA: i�111U \ i EXISTING USE: EXIST. APPROVED 9 LOT SUBDIVISION (74,487 S.F.) PROPOSED USE 29 SINGLE FAMILY CONDOMINUMS TYPE OF DEVELOPMENT: LEGAL: SUBDIVISION MAP 15223 LOTS 1 THRU 9 RECORDED FEBRUARY 23, 2005 ZONING: EXISTING : R5-2 PROPOSED: RM-1 GENERAL PLAN DESIGNATION: RESIDENTIAL TYPE OF CONSTRUCTION: TYPE III / OCCUPANCY: R-2 LOT SIZE: GR055 AREA: 774,487 S.F. / 1.71 AC NET LOT SIZE: BUILDING SIZE: BUILDING TOTAL FLOOR AREA: 41,218 (h1A81TAL) BUILDING FOOTPRINT: 25,660 5,F / .59 ACRES LOT COVERAGE: ALLOWED: X% PROPOSED: X% PAVED AREA: DRIVEWAY: SURFACE PARKING: COVERED PARKING: TOTAL PAVED AREA: LANDSCAPING: REQUIRED: PROPOSED: DENSITY: LOT SIZE: 1,7 ACRES / 74,487 5F MAX 29 UNITS/PROPOSED SETBACKS: STREET: 15 FT. PROVIDE 10 FT SIDE: 10 FT. REAR: 10 FT. BUILDING AREA CALCULATIONS: PRIVATE SPACE REQUIRED 29 UNITS X 60 5F PRIVATE SPACE SHOWN INSTITUTICNAL W/ CE CENTER BUILDING DATA: SHADE SIAUGVRE W7SImew s ND BENCIES UNIT NC. TYPE SIZE (SF) PARKING STYLE PRIVATE SPACE ISM 2 A 1430 2 ATTACHED TOWNHOUSE 100 5F BALCONY 1 20 SF PATIO 4 Al 1430 1 ATTACHED TOWNHOUSE 1005F BALCONY 1 CARPORT 4 B 1446 2 ATTACHED TOWNHOUSE 100 SF BALCONY 100 5F PATIO a Bl 1446 I ATTACHED TOWNHOUSE 100 5F BALCONY 2 C 1200 2 CARPORT FLAT 120 5F BALCONY 4 D 1450 1 ATTACHED TOWNHOUSE 2005F BALCONY 1 CARPORT 2 E 1446 1 ATTACHED TOWNHOUSE 1205F BALCONY 1 CARPORT F 1450 1 ATTACHED TOWNHOUSE 1205F BALCONY 1 CARPORT 220 5F PATIO 17405F 2 G 1450 2 ATTACHED TOWNHOUSE 1205F BALCONY 4500 5F 220 5F PATIO COMMON SPACE REQUIRED 29 UNITS X3005F= 8700 SF COMMON SPACE PROVIDE ON SITE (3 AREAS X 1200 SF)= 3600 SF DIFFERENCE 51005F 2 GI 1450 1 ATTACHED TOWNHOUSE I205F BALCONY 1 CARPORT 220 SF PATIO AREA GRASSES k2 J/ �%/ 1 1 --- --- CIVIL / SOILS ENGINEER: MEOHI SHARIAT LION PLACE #109 111-7.4.1'0 w. • SMS CONSULTING/SMS GEOTECHNICAL SOLUTIONS, INC. q•Pyj]7 R��z 1 � l�m�nnnIIhil i► 1111111111111111 I/ rr 1 VICINITY MAP: z--7/ ll "� 5931 SEA CARLSBAD, CA. 92010 OFFICE: 760-602-7815 / CELL: 760-331-8738 EMAIL: snngeasol.;n0- gmail.com LANDSCAPE ARCHITECT: ~~f� ANGELINA SOTELO SOLETO LANDSCAPE ARCHITECTS 2643 FOURTH AVENUE SAN DIEGO, CA. 92103 TEL 619.719,1977 EMAIL lina(1osoleto.com ongelina@osolelo.com HYDROLOGIST: OSE GOMEZ JOSE RAUL GOMEZ P.E. 744 PIDGEON STREET SAN DIEGO, CA 92114 TEL. 619.210.3371 I J EMAIL: I,90rn z195878yohoo.com BIOLOGIST: 1� I( VINCENTSCHIE 70 CA. 92122 DT BIOLOGICAL CONSULTANT 3158 OCCIDENTAL STREET /14 of / ) SAN DIEGO, TEL. 858.336.7106 � EMAIL: vince16N n.rr.com LAND SURVEYOR: RAY SPEAR SPEAR 6 ASSOCIATES 475 PRODUCTION STREET SAN MARCOS, CA 92078 TEL: 760-736-2040 EMAIL: rspearOspearinc,net PROJECT ADDRESS: 16TH AVENUE AND M STREET STING WING bvEn �� r A. P. Np® 508 1VISH11N1 NATIONAL CITY, CA 557-352.17 THRU 25 _• LEGAL DESCRIPTION: PR. INL / M AVEA i LOTS I THRU 9 INCLUSIVE; CAROUNA HILLSIDE HOMES MAP NO. 152231N THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF COUNTY REC9OR0 OF SAN DIEGO COUNTY, RECORDED DEC. 13, 2005. PRINTED: 5/8/2018 CITY VILLAGE CONDOS 16th Ave & Old 'M' Street, National City, CA Drawing Number: 1 of 4 Drawing 5631e: SCALE: In = 20' o to VT Orawmg T41e: TENTATIVE MAP -29 UNIT CONDONIMIUM Current Submittal Dare. MAY 10.2018 EXCESS PRIVATE SPACE 4500 SF - 1740 5F = 2760 SF EXCESS PRIVATE SUBSTITUTED FOR COMMON SP / 2760 SF X 2 = 5524 5F LARGER THAN 5100 SF2$ Previous Revisions: 4a 282 of 491 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m., Tuesday, January 22, 2019, in the City Council Chambers, 1243 National City Blvd., National City, CA., to consider: CONSIDERATION OF CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION FOR A GENERAL PLAN AMENDMENT, ZONE CHANGE AND TENTATIVE SUBDIVISION MAP FOR THE REZONING OF PROPERTY AT EAST 16TH STREET AND "M" AVENUE FROM SMALL LOT RESIDENTIAL (RS-2) TO MEDIUM -DENSITY MULTI -UNIT RESIDENTIAL (RM-1) IN ORDER TO CONSTRUCT A 29-UNIT RESIDENTIAL DEVELOPMENT. Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the Public Hearing. The Planning Commission conducted a public hearing at their meeting of December 3, 2018 and voted to recommend approval of the General Plan Amendment, Zone Change, and Tentative Subdivision Map by a vote of six to one. January 9, 2019 ATTACHMENT 7 Michael R. Dalla, CMC City Clerk 29 283 of 491 RESOLUTION NO. 2019 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A GENERAL PLAN AMENDMENT AND TENTATIVE SUBDIVISION MAP FOR THE REZONING OF PROPERTY LOCATED AT EAST 16TH STREET AND "M" AVENUE FROM SMALL LOT RESIDENTIAL (RS-2) TO MEDIUM -DENSITY MULTI -UNIT RESIDENTIAL (RM-1) IN ORDER TO CONSTRUCT A 29-UNIT RESIDENTIAL DEVELOPMENT WHEREAS, the City Council of the City of National City considered said certification at a duly advertised public hearing held on January 22, 2019, at which time the City Council considered evidence; and WHEREAS, at said public hearing the City Council considered the staff report provided for Case File No. 2017-04 GPA, S, which is maintained by the City and incorporated herein by reference; along with any other evidence presented at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the evidence presented to the City Council at the public hearing held on January 22, 2019, support the following findings: FINDING FOR APPROVAL OF THE GENERAL PLAN AMENDMENT 1. The proposed development is consistent with General Plan Land Use Policies LU-2.3, LU 4.3, and LU-7.1 because the area is vacant and prime for development. Having a comprehensive residential project in this area will contribute to the City's housing needs, The area is not homogenous in nature with regard to residential housing types — there are single-family residences on larger lots located to the west, with a mix of medium to higher -density properties to the south across East 16th Street. These lots are developed with everything from duplexes, to triplexes, to apartments. FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1 The proposed map is consistent with the National City General Plan and applicable specific plans, because the project is in compliance with all required density and zoning requirements, provides additional home ownership opportunities consistent with the General Plan and Housing Element, and meets all requirements of the Subdivision Ordinance (NCMC Title 17), including minimum lot size and dimension. There are no specific plans in the area. 2. The site is physically suitable for the proposed type of development, because the 1.7-acre property can accommodate the requested number of units within the limits for density and lot coverage established by the General Plan and Land Use Code. 284 of 491 Resolution No. 2019 — January 22, 2019 Page Two 3. The site is physically suitable for the proposed density of development, because the proposed multi -family residential development, at a density of 17 units per acre, is less than the 23 units per acre allowed in the Medium -Density Multi -Unit Residential (RM-1) zone, and the proposed infill development increases the available housing units in the City. 4. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, because the property is surrounded by urban development and there are no bodies of water present on -site. While there is plant habitat on site in the form of native and non-native grassland, San Diego Ambrosia, and onsite drainage, the Mitigated Negative Declaration for this project provides for mitigation that will reduce potential impacts to a level of less than significance. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, because the property is currently vacant and surrounded by existing urban development. In addition, the land use and zoning designations as proposed allow for the density requested, which has been analyzed as part of the Mitigated Negative Declaration associated with this project. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, because no such easements exist or would be affected by the proposed development. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6, because the project is required to install sewerage systems that meet current requirements for sewage disposal by the Conditions of Approval of this permit. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources, the project will provide twenty-nine new homeownership opportunities, which is consistent with and encouraged by the City's Housing Element. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage, because the landscape plan submitted as part of the proposal provides in excess of the required common open space area for such developments. All new construction proposed will be in compliance with the California Building Code, which takes such factors in to consideration. 285 of 491 Resolution No. 2019 — January 22, 2019 Page Three BE IT FURTHER RESOLVED that the City Council hereby approves a General Plan Amendment and Tentative Subdivision Map for the rezoning of property located at East 16th Street and "M" Avenue from Small Lot Residential (RS-2) to Medium -Density Multi -Unit Residential (RM-1) in order to construct a 29-unit residential development. BE IT FURTHER RESOLVED that this Resolution amending the General Plan and Tentative Subdivision Map for the rezoning of property located at East 16th and "M" Avenue shall take effect thirty (30) days after its passage. PASSED and ADOPTED this 22nd day of January, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 286 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 287 The following page(s) contain the backup material for Agenda Item: Public Hearing and Introduction of an Ordinance of the City Council of the City of National City, California, approving a Zone Change from Small Lot Residential (RS-2) to Medium -Density Multi - Unit Residential (RM-1) for a 29-unit residential development property at property located at East 16th Street and M Avenue. (Applicant: Ralph Gonzales) (Case File No. 2017-04 ZC) (Planning) Please scroll down to view the backup material. 287 of 491 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 22, 2019 AGENDA ITEM NO. ITEM TITLE: Public Hearing and Introduction of an Ordinance of the City Council of the City of National City, California, approving a Zone Change from Small Lot Residential (RS-2) to Medium -Density Multi -Unit Residential (RM-1) for a 29-unit residential development property located at East 16th Street and "M" Avenue. (Applicant: Ralph Gonzales) (Case File No. 2017-04 ZC) PREPARED BY: Martin Reeder, AICP PHONE: 619-336-4313 DEPARTMENT: Planning. APPROVED BY: EXPLANATION: The applicant is proposing to merge nine undeveloped single family lots into one and develop the site with a 29-unit residential condominium project. This type of change requires a Zone Change from Small Lot Residential (RS-2) to Medium -Density Multi -Unit Residential (RM-1). The zone change was initiated by the Planning Commission last year. The City Council held a public hearing on the project on January 22, 2019. The attached Ordinance is needed to take action on the Zone Change. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Mitigated Negative Declaration (MND) ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff concurs with the Planning Commission recommendation. BOARD 1 COMMISSION RECOMMENDATION: The Planning Commission recommended approval of the Zone Change. Vote: Ayes — Baca, DelaPaz, Garcia, Sendt, Quintero, Yamane Noes: Flores' ATTACHMENTS: Ordinance 288 of 491 ORDINANCE NO. 2019 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A ZONE CHANGE FROM SMALL LOT RESIDENTIAL (RS-2) TO MEDIUM -DENSITY MULTI -UNIT RESIDENTIAL (RM-1) FOR A 29-UNIT RESIDENTIAL DEVELOPMENT AT PROPERTY LOCATED AT EAST 16' STREET AND "M" AVENUE. WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the rezoning of the parcels of real property (APNs 557-351-17 through 25), hereinafter described, and for the amendment of the Zoning Map of the City of National City; and WHEREAS, pursuant to legal notice, hearings were held by the Planning Commission of National City and also by the City Council of National City, and all persons interested were given the opportunity to appear and be heard before said Planning Commission and City Council; and WHEREAS, the Planning Commission of National City has regularly and duly certified to the City Council its report and has recommended such rezoning; and WHEREAS, the City Council found that on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment and adopted a proposed Mitigated Negative Declaration which addresses the rezoning; and WHEREAS, the City Council finds the rezoning consistent with and necessary to implement the General Plan. NOW, THEREFORE, the City Council of the City of National City, California does ordain as follows: Section 1. This ordinance shall take effect Thirty (30) days after its passage, and before the expiration of Fifteen (15) days after its passage a summary or the ordinance in its entirety shall be published, with the names of the members voting for and against the same, once in a local newspaper of general circulation in the City of National City, State of California. Section 2. All protests, if any, against said rezoning and said amendment to the General Plan, and each of them be and hereby are denied and overruled. Section 3. That all the real property described below is hereby rezoned from Small Lot Residential (RS-2) to Medium -Density Multi -Unit Residential (RM-1): LOTS 1, 2, 3, 4, 5, 6, 7, 8 AND 9, CAROLINO HILLSIDE HOMES, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NUMBER 15223, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 23, 2005, AND THE WESTERLY 30 FEET OF 289 of 491 THE "M" AVENUE RIGHT-OF-WAY ADJACENT TO LOTS 1, 2, 3, 4, 5, 6, 7, 8 AND 9, CAROLINO HILLSIDE HOMES, AS VACATED BY CITY OF NATIONAL CITY CITY COUNCIL RESOLUTION 2017-150; and Section 4. That a Notice of Determination shall be filed indicating that the rezoning will not have a significant effect on the environment. PASSED and ADOPTED this 22nd day of January, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 290 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 291 The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption of an Urgency Ordinance of the City Council of the City of National City adopted pursuant to Government Code Sections 36931 and 36937 as an Urgency Measure to take effect immediately, amending National City Municipal Code Chapters 10.70 and 10.79 of Title 10 (Public Peace, Morals and Safety) related to Police Regulated Business Regulations and Massage Establishments. (City Attorney) Please scroll down to view the backup material. 291 of 491 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 22, 2019 AGENDA ITEM NO. ITEM TITLE: Public Hearing and Adoption of an Urgency Ordinance of the City Council of the City of National City adopted pursuant to Government Code Sections 36931 and 36937 as an Urgency Measure to take effect immediately, amending National City Municipal Code Chapters 10.70 and 10.79 of Title 10 (Public Peace, Morals and Safety) related to Police Regulated Business Regulations and Massage Establishments. PREPARED BY: Nicole Pedone DEPARTMENT: City Attorney PHONE: 336-4221 APPROVED BY: ,l EXPLANATION: 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 moratorium was extended for 10 months and 15 days, then for an additional year, and is scheduled to expire on February 7, 2019.The moratorium was enacted due to the need for the City to revise its regulations and procedures pertaining to massage technician permits and massage establishments. City staff has amended National City Municipal Code Chapters 10.70 and 10.79 of Title 10 and made changes to Title 18 related to massage establishments to align with current State law, allow legitimate massage establishments to do business in the City, and also protect the community from illegitimate businesses. Staff is recommending that this Ordinance be adopted as an urgency ordinance so that it may go into effect immediately to preserve the public health, safety and welfare. If this Ordinance is not enacted immediately, the moratorium will expire and massage establishments will continue to be processed under a standard which does not provide sufficient protection to the public and parts of the current municipal code will be unenforceable. Adoption of an urgency ordinance requires a 4/5 vote, in this case, a unanimous vote by Council. See staff report and related items for additional information. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Conduct public hearing and adopt proposed Urgency Ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff Report Notice of Public Hearing Memorandum to City Council dated March 7, 2017 Proposed Ordinance 292 of 491 STAFF REPORT TO: Mayor and City Council DATE: January 22, 2019 FROM: Nicole Pedone, Assistant City Attorney SUBJECT: Adoption of an Urgency Ordinance of the City Council of the City of National City amending National City Municipal Code Chapters 10.70 and 10.79 of Title 10 (Public Peace, Morals, and Safety) related to Police Regulated Businesses and Massage Establishments. SUMMARY 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 moratorium was extended for 10 months and 15 days, then for an additional year, and is scheduled to expire on February 7, 2019. The moratorium was enacted due to the need for the City to revise its regulations and procedures pertaining to massage technician permits and massage establishments. There are certain provisions ofthe Municipal Code applicable to the regulation of massage technicians and massage establishments that are clearly inconsistent with the binding mandates and prohibitions of state law in this field of regulation. A valid ordinance regulating massage technicians and massage establishments is necessary to protect the public health, safety, and welfare, in that such an ordinance will ensure that legitimate businesses of massage are operated in a clean and sanitary manner, and that problems with lewd conduct and prostitution do not arise with businesses that are not legitimate. City staff has amended National City Municipal Code Chapters 10.70 and 10.79 of Title 10 and made changes to Title 18 related to massage establishments to align with current State law, allow legitimate massage establishments to do business in the City, and also protect the community from illegitimate businesses. Staff is recommending that this Ordinance be adopted as an urgency ordinance so that it may go into effect immediately to preserve the public health, safety, and welfare. If this Ordinance is not enacted immediately, the moratorium will expire, and massage establishments will continue to be processed under a standard which does not provide sufficient protection to the public and parts of the current municipal code will be unenforceable. Adoption of an urgency ordinance requires a 4/5 vote, in this case, a unanimous vote by Council. 293 of 491 RECOMMENDATION Make a motion to adopt the findings of urgency and adopt an Urgency Ordinance pursuant to Government Code Sections 36931 and 36937 to take effect immediately, amending National City Municipal Code Chapters 10.70 and 10.79 of Title 10 (Public Peace, Morals, and Safety) related to Police Regulated Business Regulations and Massage Establishments. CURRENT NATIONAL CITY MASSAGE ESTABLISHMENT REGULATIONS The permitting, regulation, and zoning provisions pertaining to massage technicians and massage establishments in the City are currently found in Chapters 10.70, 10.79, and 18.30 of the Municipal Code. Chapter 10.70, titled "Police Regulated Business Regulations," establishes procedures for permit issuance and regulation of certain businesses and activities as "police regulated" for the protection of the public health, safety, and welfare. Businesses and activities regulated by this Chapter are identified in Chapters 10.71 through 10.79, and include massage technicians and massage establishments. Section 10.70.010(A) recites that such businesses and activities have a higher degree of potential for one or more types of illicit activity, including prostitution and disorderly conduct. In addition to a business license and other required permits, massage technicians and massage establishments must obtain a permit from the Chief of Police, after undergoing an application process that may include fingerprinting and furnishing a criminal history. Chapter 10.79, titled "Massage Establishments," provides "for the orderly regulation of massage establishment businesses in the City in order to prevent the facilitation of prostitution." Chapter 10.79 requires any massage technician or massage establishment to obtain a massage technician permit or massage operator permit, respectively, in accordance with the procedures set forth in Chapter 10.70. Additionally, Chapter 10.79 sets forth minimum operating and facilities requirements for massage establishments, including the requirement that facilities contain at least one tub or shower, and that during hours of operation massage technicians be fully covered from a point not to exceed four inches above the center of the kneecap to the base of the neck. STATE LAW AUTHORIZING CITY REGULATION OF MASSAGE ESTABLISHMENTS The City derives its authority to regulate massage establishments from Article XI, Section 7 of the California Constitution, as well as from statutes enacted by the State Legislature, including Section 4600 et seq. of the California Business & Professions Code, and Section 51030 et seq. of the California Government Code. Section 4600 et seq. of the Business & Professions Code is commonly known as the Massage Therapy Act (the "Act"). Section 4600.5 of the Act states that it is the intent of the State Legislature that broad control over land use in regulating massage establishments be vested in Staff Report January 22, 2019 Page 2 of 6 Amending NCMC 10.70 & 10.79 294 of 491 Legislature that broad control over land use in regulating massage establishments be vested in local governments, and that the requirements and practice of the profession of massage therapy remain a matter of statewide concern. Section 4602 creates the California Massage Therapy Council (CAMTC), which is authorized to exercise extensive control over the licensing and regulation of individuals engaged in the practice of massage. Section 4603.1 states that local governments shall impose and enforce only "reasonable and necessary" fees and regulations on massage businesses and massage establishments. Section 4612 provides that a city shall not enact or enforce an ordinance that conflicts with the Act, or with Section 51034 of the Government Code. The Massage Therapy Act was enacted as urgency legislation by the State Legislature in January, 2009, to take effect immediately. Certain provisions of the Act were amended in 2014 and 2016, certain of which amendments were inconsistent with the original version of the Act, and the latest of which amendments was effective January 1, 2017. In addition to the Massage Therapy Act, city control over massage businesses is governed by Section 51030 et seq. of the Government Code. While Section 51030 provides that the legislative body of a city may enact an ordinance which provides for the licensing of the business of massage, Section 51034 sets forth 11 specific types of conduct which a city cannot engage in when regulating massage businesses. These provisions create inconsistencies with certain current provisions of the Municipal Code, including the following: • Section 51034(c)(2) prohibits a city from defining a massage establishment as an "adult business;" Section 18.30.030(B)(14) of the Municipal Code includes "massage parlor" within the definition of "adult -oriented business," and imposes special regulations on such adult -oriented businesses. • Section 51034(c)(4) prohibits a city from requiring a massage establishment to have a shower or a bath; Section 10.79.070(G) of the Municipal Code requires massage establishments to have a minimum of one tub or shower. • Section 51034(c)(8) prohibits a city from imposing a requirement that a person certified under the Massage Therapy Act undergo a criminal background check or submit fingerprints to obtain a massage permit or license; Section 10.70.030(A) of the Municipal Code provides that the Chief of Police may require a person applying for a permit to practice massage or operate a massage establishment to be fingerprinted; Section 10.70.030(B) provides that an applicant shall submit information regarding arrests; and Section 10.79.060 sets forth additional requirements such as a certificate from a medical doctor and that a massage technician shall furnish fingerprints. • Section 51034(c)(10) prohibits a city from imposing a dress code requirement on a person certified pursuant to the Act in excess of those already imposed by the Act; Section 10.79.080(K) of the Municipal Code requires massage technicians to be fully covered from a point not to exceed four inches above the center of the kneecap to the base of the neck, a stricter dress requirement than that set forth in the Act. Staff Report January 22, 2019 Page 3 of 6 Amending NCMC 10.70 & 10.79 295 of 491 HIGHLIGHT OF PROPOSED CHANGES TO NATIONAL CITY MUNICIPAL CODE CHAPTER 10.70 • Clearer definitions including the addition of a definition for "Operator". • Clear list of requirements for an applicant of a police regulated business including, but not limited to, providing organizational documents for the business entity; the business license and permit history of the applicant; a copy of the applicant's driver's license and/or identification card used by a state or federal governmental agency; and specifically to massage businesses, a copy of all employee's massage practitioner certificates issued by CAMTC and their photo identification cards. • Prohibits a massage establishment to be in the same building as a previous massage establishment that had surrendered its permit or had its permit revoked within 5 years of the applicant date. • Change in the Appeal Process: Appeal to the City Council any decision of the Chief of Police or designee regarding the issuance, conditional issuance, suspension, revocation, or denial of a permit. • Addition of section 10.70.140: Only persons certified by CAMTC can provide services and the City should be notified of any changes in writing. HIGHLIGHT OF PROPOSED CHANGES TO NATIONAL CITY MUNICIPAL CODE CHAPTER 10.79 • Added clearer definitions related to the practice of massage and massage businesses as defined under State law; deleted definitions related to qualified massage association. • Establishes the requirement of an annual massage establishment police permit coinciding with the city business license effective and expiration dates. • CAMTC certificates must be provided to the City and be kept up to date; any revised lists must be reported within 5 days. • Deleted requirement for any massage technician to submit certificates from a medical doctor, furnish fingerprints and proof of other certification other than CAMTC certification to practice massage. • Deleted requirement of a massage establishment to have a tub or shower. • Massage establishment operations must be between 10:00 a.m. and 10:00 p.m. • Massage technician must wear a visible CAMTC identification card and have a copy of their driver's license or other similar identification readily available for inspection. Staff Report January 22, 2019 Page 4 of 6 Amending NCMC 10.70 & 10.79 296 of 491 • An operator or owner must be present on the business premises at all times during hours of operation. • Massage establishment must keep complete and legible records of services provided which will be open to inspection and copying by police. • Cannot block visibility into the interior reception and waiting area though use of curtains, blinds, etc. • All signs related to the business must comply with the City's sign ordinance. • List of prohibited conduct at massage establishments added including but not limited to the sale, service or consumption of alcohol or marijuana; residing in or at the business; advertising or marketing illegal activity or anything related to sexual content; use or possession of adult oriented merchandise; and sexual activity of any kind. • All current massage establishments must come into compliance with the new regulations within 60 days following the effective date of any new regulations. • City, County, or any investigative officials have the right to inspect massage establishments to ensure compliance with all federal, state, and local laws. WHY AN URGENCY ORDINANCE IS BEING PROPOSED Approximately two years ago, the Police Department found prostitution activity at several business locations throughout the City operating under the guise of massage establishments, many of which were operating without the required City permits or licenses and in violation of numerous local and state laws. Due to the need for the City to revise its regulations and procedures pertaining to massage establishments in order to comply with State law and help combat illegitimate businesses from operating in our City, City Council enacted a moratorium. The moratorium expires on February 7, 2019. Section 36937 of the California Government Code states that an ordinance takes effect immediately if necessary for the immediately preservation of the public peace, health or safety. There are certain provisions of the Municipal Code applicable to the regulation of massage technicians and massage establishments that are clearly inconsistent with the binding mandates and prohibitions of state law in this field of regulation. A valid ordinance regulating massage technicians and massage establishments is necessary to preserve the immediate public peace, health, safety, and welfare, in that such an ordinance will ensure that legitimate businesses of massage are operated in a clean and sanitary manner, and that problems with lewd conduct and prostitution do not arise with businesses that are not legitimate. City staff researched and reviewed several other city massage ordinances in the State and reviewed the proposed ordinance with the Director of Governmental Affairs at the California Massage Therapy Council. In addition to new regulations, City staff has developed a new Staff Report January 22, 2019 Page 5 of 6 Amending NCMC 10.70 & 10.79 297 of 491 application procedure for massage establishments which will streamline the process and ensure only legitimate businesses are operating in our City. RECOMMENDED ACTION It is recommended that the City Council make a motion to adopt the findings of urgency and adopt an Urgency Ordinance pursuant to Government Code Sections 36931 and 36937 to take effect immediately, amending National City Municipal Code Chapters 10.70 and 10.79 of Title 10 (Public Peace, Morals, and Safety) related to Police Regulated Business Regulations and Massage Establishments. ATTACHMENTS 1. City of National City Massage Establishment License Procedures and Application Packet. 2. Strike -out Version of NCMC Chapters 10.70 and 10.79. Staff Report January 22, 2019 Page 6 of 6 Amending NCMC 10.70 & 10.79 298 of 491 +-* GALIFORtN1A NATIONALCIty INC.oRPoiLATED MASSAGE ESTABLISHMENT LICENSE PROCEDURES AND APPLICATION PACKET NON-REFUNDABLE FEE: New: $725.00 Renewal: $225.00 STEP 1: Review relevant state and local laws pertaining to massage establishments including National City Municipal Code Chapters 10.70 and 10.79, and Section 18.30.370. Copies of City ordinances may be obtained from the City Clerk's office located at 1243 National City Blvd., National City, CA 91950 or via the City's website at www.nationalcityca,gov. STEP 2: Obtain and fill out the Application Packet completely to obtain a Police Permit (Application Packets may be obtained from the City's Finance or Planning Departments - 1243 National City Blvd., National City, CA 91950 — ground floor). All Owners and Operators (managers) must complete the appropriate form depending on if they are CAMTC certified or not. Incomplete Application Packets will not be accepted. The following must be attached to the Application: a. O Copy of Driver's License and/or photo identification card issued by a State or Federal Agency for all Owners/Operators; b. ❑ Copy of Fictitious Name Statement or Articles of Incorporation; c. ❑ Massage Supplemental Questionnaire; d. ❑ Floor Plan of establishment; e. ❑ Copies of Therapists' CAMTC Certificate; f. ❑ Copies of Therapists' drivers' license or other government issued ID; and g. ❑ Copy of Lease or Rental Agreement; h. ❑ Live Scan form for all Owners/Operators who are not CAMTC certified. STEP 3: Visit the City's Planning Department to obtain Zoning Approval (1243 National City Blvd., National City, CA 91950 —ground floor; (6190 336-4310) ❑ Planning Approval by: ❑ Date and Stamp: Page 1of2 299 of 491 STEP 4: Take Application Packet to the Finance Department and pay the non- refundable police permit fee. Your application will be routed to the National City Police Department for processing. Applications will be accepted at the Finance Department by appointment only between 9:00 a.m. and 2:00 p.m. Monday through Thursday. Please contact Finance at (619) 336-4330 to schedule an appointment. STEP 5: Once your Police Permit has been approved, return to Finance to process a City Business License, including paying the appropriate fee as required. ❑ Business License Fee Paid: Date: ❑ New ❑ Renewal License No. Receipt No. ❑ Fire Inspection/Approval by: ❑ Date and Stamp: ❑ Code Enf/Approval by: ❑ Date and Stamp: It is the responsibility of the owner to ensure that anyone employed to provide massage services has an active CAMTC Certification. Any massage therapist/technician hired as an employee, must submit a copy of their CAMTC certificate to the City prior to starting work. Renewal Applicants need to complete and submit Steps 1, 2 (with attachments c and e), 4 and 5, and pay the Non -Refundable renewal fee of $225.00, in addition to any required business license fee. Upon receipt of all necessary approvals from the Planning Department, Police Department, Fire Department, Code Enforcement Department, and Finance Department, your Business License and Massage Establishment Police Permit License will be issued. This process takes approximately 6-8 weeks. If you have any further questions, please contact the Finance Department at (619) 336-4330 or financedepartment@nationalcityca.gov. Page 2of2 300 of 491 .-�lF,gA�,fArr�, Wef CITY OF NATIONAL CITY 1243 National City Boulevard, National City, CA 91950-4397 (619) 336-4330 APPLICATION FOR MASSAGE LICENSE BUSINESS NAME: BUSINESS PHONE: BUSINESS ADDRESS: MAILING ADDRESS: (Number) (Street) (City) (State) (Zip) (Number) (Street) (City) (State) (Zip) BUSINESS IS; SOLE PROPRIETOR ❑ PARTNERSHIP ❑ CORPORATION ❑ LLC ❑ LLP ❑ IF CORPORATION, DATE & PLACE INCORPORATED: ARE YOU THE SOLE OWNER/OFFICER/MEMBER OF THE BUSINESS? YES NO ARE ALL OWNERS/OFFICERS/MEMBERS CAMTC CERTIFIED? YES NO INDIVIDUAL(S) RESPONSIBLE FOR MANAGEMENT OF THE ESTABLISHMENT & PRESENT DURING BUSINESS HOURS? ARE ALL PERSONS LISTED ABOVE CAMTC CERTIFIED? YES NO EXACT NATURE/TECHNIQUE OF MASSAGE TO BE ADMINISTERED: If your business is a corporation, complete the following for the officers. Please also attach a copy of the "Statement of Information" form filed with the state's Department of Corporations for the state where you are incorporated. If you are not incorporated in California, please provide proof that you are authorized by California State Department of Corporations to conduct business in California. NAME CORPORATE OFFICERS: ADDRESS President: Phone No.: Vice -President: Phone No.: Secretary: Phone No.: Treasurer:: Phone No.: Pagel of 6 301 of 491 BOARD OF DIRECTORS: Board Member: Phone No.:• Board Member: d a Phone No.: Board Member: Phone No.: Board Member: Phone No.: Board Member: Phone No.: SHAREHOLDER(S) OWNING 10% OR MORE: Name: Address: Phone No.: % Ownership: Name: Address: Phone No.: % Ownership: Name: Address: Phone No.: %Ownership: f your business is a partnership, list all general and limited partners (owning more than 10%): PARTNER(S) OWNING 10% OR MORE: Name: Phone No.: Address: Ownership: Name: Address: Phone No.: % Ownership: Name: Address: Phone No.: % Ownership: Page2of6 302 of 491 PARTNER(S) OWNING 10% OR MORE (Continued) Name: Address: Phone No.: %Ownership: Name: Address: Phone No.: % Ownership: Name: Phone No.: Address: % Ownership: List any municipalities or cities with which you hold a business license and/or have conducted business in the last five years. City Name Business Address City, State, Zip Phone No. Type of License Name on License City Name Business Address City, State, Zip Phone No. Type of License Name on License City Name Business Address City, State, Zip Phone No. Type of License Name on License Page3of6 303 of 491 City Name Business Address City, State, Zip Phone No. Type of License Name on License City Name Business Address City, State, Zip Phone No. Type of License Name on License HAVE YOU EVER BEEN ISSUED A BUSINESS LICENSE/PERMIT FROM ANY AGENCY? IF YES, EXPLAIN TYPE OF LICENSE/PERMIT, WHERE ISSUED & BY WHOM: HAVE YOU EVER HAD A BUSINESS LICENSE/PERMIT SUSPENDED, REVOKED, OR HAD AN APPLICATION FOR THE SAME DENIED FROM ANY AGENCY? IF YES, EXPLAIN: Page 4 of 6 304 of 491 AFFIDAVIT I, the undersigned, declare under penalty of perjury that to the best of my knowledge, the information contained in this application for a Police Regulated Business Permit pertaining to a Massage Establishment, and its supporting documentation is truthful, correct, and complete; and, the information contained in this application and its supporting documentation discloses all material facts regarding the applicant and associated individuals necessary to allow the Chief of Police to properly evaluate the applicant's qualification for licensures. If the applicant is a business entity, I, as the person signing below do hereby represent and warrant that the business entity is authorized to do business in California and that I have full right, power, and authority to sign on behalf of the business entity and carry out all actions contemplated by this applications, and that any permit issued to the business entity constitutes valid, binding, and enforceable obligations of the business. Upon the Police Department's request, I promise to provide the Police Department with evidence reasonable satisfactory to the Police Department confirming the foregoing representations and warranties. I will ensure that any information subsequently submitted to the Police Department in conjunction with this application or its supporting documentation meets the same standard as set forth above. I understand that this application will be classified as a public record and will be available for inspection by the public, except with regard to the release of information that is classified as controlled, private, or protected under the California Public Records Act of restricted by other law. I acknowledge that I may be required to provide additional information, as needed, for a complete investigation. I acknowledge that I have reviewed Chapters 10.70 and 10.79 of the National City Municipal Code. I am authorized by the business to state that the business fully understands its legal obligations and agrees to comply with and obey all the ordinances and statutes listed in the National City Municipal Code. Additional, the business recognizes its responsibility for obeying all federal and state laws. It is understood by me that statements found not to be true, complete, and accurate will be grounds for refusal or revocation of any permit or license issued to me by the City of National City, County of San Diego, without further notice to me. I understand that the permit fee is non-refundable. I understand and agree to having all required notices, unless otherwise specified, sent by U.S. Mail to the mailing address given on this application. I understand that all Owners and Operators are responsible for the Massage Establishment and the conduct of all persons who perform massage at the massage establishment. I understand that failure to comply with the California Business and Professions Code Sections 4600 et seq., or with any federal, State or local laws, rules or regulations and/or the provisions of the Municipal Code Chapters may result in suspension or revocation of the Massage Establishment license. OWNER Signature Print Name Title Date Address City, State, Zip Contact Phone No. Page5of6 305 of 491 CO-OWNER Signature Print Name Title Date Address City, State, Zip Contact Phone No. Page6of6 306 of 491 MASSAGE SUPPLEMENTAL QUESTIONNAIRE Attach to License No. BUSINESS NAME: BUSINESS PHONE BUSINESS ADDRESS: (Number) (Street) '(city) (State) (Zip) PROPERTY OWNER'S NAME (Establishments Only): PHONE: PROPERTY OWNER'S ADDRESS (Establishments Only): (Number) (Street) (City) (State) (Zip) Owner/Operator Name State Certified CAMTC # ❑ OWNER ❑ MANAGER 0 YES ❑ NO ❑ OWNER ❑ MANAGER ❑ YES ❑ NO ❑ OWNER ❑ MANAGER ❑ YES ❑ NO ❑ OWNER ❑ MANAGER ❑ YES ❑ NO ❑ OWNER ❑ MANAGER ❑ YES ❑ NO Therapists (Attach additional sheet, if necessary, and a copy of each Therapists CAMTC Certificate): Full Name CAMTC# CAMTC Expiration Independent Contr. Employee (Needs Business License) (Attach Cert) ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO El YES ❑NO ❑YES ❑NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES 0 NO ❑ YES ❑ NO Percentage Breakdown of Uses: Massage: Body Wrap Acupressure: Skin Care: Other Uses: Type: Percentage: Type: Percentage: SUBMIT FLOOR PLAN OF PROPOSED ESTABLISHMENT I declare under penalty of perjury that the above information is true and correct. I certify that my business will use only State Certified Therapists to provide massage services. I acknowledge and understand that using a Non -State Certified Therapist to provide massage services would constitute a violation of the Municipal Code and I may be subject to criminal, civil, or administrative penalties and subject my business license and/or massage establishment license to suspension or revocation. I also understand that an owner/operator that is listed above must be on -site during all business hours. Date Page a. of 1 Signature of Applicant 307 of 491 Tare CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950-4397 (619) 336-4330 OWNER/OPERATOR WITH CAMTC CERTIFICATION PLEASE CHECK: ❑ OWNER OWNER/ OPERATOR: ❑ OPERATOR ALL OTHER NAMES USED: (Lost) (First) (Middle) DATE OF BIRTH: PLACE OF BIRTH: HEIGHT: WEIGHT: SEX: HAIR: EYES: CDL# SSN: RESIDENCE ADDRESSES: RESIDENCE PHONE: EMERGENCY PHONE: LAST TWO ADDRESSES: CAMTC CERTIFICATE #: EXPIRATION DATE: (Must attach copy of certificate) HAVE YOU EVER BEEN ISSUED A BUSINESS LICENSE/PERMIT FROM ANY AGENCY? IF YES, EXPLAIN TYPE OF LICENSE/PERMIT, WHERE ISSUED & BY WHOM: HAVE YOU EVER HAD A BUSINESS LICENSE/PERMIT SUSPENDED, REVOKED, OR HAD AN APPLICATION FOR THE SAME DENIED FROM ANY AGENCY? IF YES, EXPLAIN: Page 1 of 2 308 of 491 EMPLOYMENT HISTORY FOR THE LAST 5 YEARS: (Attach additional sheet if necessary) COMPANY ADDRESS JOB DESCRIPTION DATES Under penalty of perjury, I swear that the foregoing statements are true and accurate to the best of my knowledge. It is understood by me that all statements found not to be true, complete, and accurate will be grounds for refusal or revocation of any permit or license issued to me by the City of National City, County of San Diego, without further notice to me. I understand and agree to having all required notices, unless otherwise specified, sent by U.S. Mail to the address given on this application. I have read and understand Chapters 10.70 and 10.79, et. seq., of the National City Municipal Code and all regulatory ordinances pertaining to Massage Establishments. I understand that all Owners and Operators are responsible for the Massage Establishment and the conduct of all persons who perform massage at the Massage Establishment. I certify that I will operate my business in accordance with all applicable Federal, State, and Local laws and regulations. I understand that failure to comply with California Business and Professions Code Sections 4600 et seq., or with any Federal, State, or Local laws, rules or regulations, and/or the provisions of Chapters 10.70 and 10.79 of the City's Municipal Code may result in the suspension or revocation of the Massage Establishment license. DATE: Signature of Owner/Operator ATTACH TO LICENSE# CAMTC CERT VERIFIED: FOR USE BY POLICE DEPARTMENT ❑ Approved ❑ Disapproved Reason: OFFICE USE ONLY Date: By: Page 2 of 2 309 of 491 lr rc8noh��v CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950-4397 (619) 336-4330 OWNER/OPERATOR WITHOUT CAMTC CERTIFICATION PLEASE CHECK: ❑ OWNER OWNER/ OPERATOR: ❑ OPERATOR ALL OTHER NAMES USED: (Last) (First) (Middle) DATE OF BIRTH: PLACE OF BIRTH: HEIGHT: WEIGHT: SEX: HAIR: RESIDENCE ADDRESS: EYES: CDLit SSN: (Number) (Street) (City) (state) (Zip) RESIDENCE PHONE: EMERGENCY PHONE: LAST TWO ADDRESSES: HAVE YOU EVER BEEN ISSUED A BUSINESS LICENSE/PERMIT FROM ANY AGENCY? IF YES, EXPLAIN TYPE OF LICENSE/PERMIT, WHERE ISSUED & BY WHOM: HAVE YOU EVER HAD A BUSINESS LICENSE/PERMIT SUSPENDED, REVOKED, OR HAD AN APPLICATION FOR THE SAME DENIED FROM ANY AGENCY? IF YES, EXPLAIN: EMPLOYMENT HISTORY FOR THE LAST 5 YEARS: (Attach additional sheet if necessary) COMPANY ADDRESS JOB DESCRIPTION DATES Page 1 of 3 310 of 491 MASSAGE LICENSE OWNER/OPERATOR WITHOUT CAMTC CERTIFICATION — PAGE TWO LIST ALL CHARGES/CITATIONS EVER ISSUED (Except for Misdemeanor Traffic Violations) (attach additional pages, if necessary) DATE PLACE/AGENCY CHARGE DISPOSITION NAME ON DISPOSITION LIST OF PROFESSIONAL REFERENCES BUSINESS NAME Address City, State, Zip Phone No. BUSINESS NAME Address City, State, Zip Phone No. BUSINESS NAME• Address City, State, Zip Phone No. BUSINESS NAME Address City, State, Zip Phone No. BUSINESS NAME Address City, State, Zip Phone No. Page 2 of 3 311 of 491 Under penalty of perjury, I swear that the foregoing statements are true and accurate to the best of my knowledge. It is understood by me that statements found not to be true, complete, and accurate will be grounds for refusal, suspension, or revocation of any permit or license issued to me by the City of National City, County of San Diego, without further notice to me. I understand and agree to having all required notices unless otherwise specified, sent by U.S. mail to the address given on this application. I have read and understand Chapters 10.70 and 10.79, et seq., of the National City Municipal Code and all regulatory ordinances pertaining to Massage Establishments. I understand that all Owners and Operators are responsible for the Massage Establishment and the conduct of all persons who perform massage at the Massage Establishment. I certify that I will operate my business in accordance with all applicable Federal, State, and Local laws and regulations. I understand that failure to comply with the California Business and Professions Code Sections 4600 et seq., or with any Federal, State or Local laws, rules or regulations and/or the provisions of Chapters 10.70 and 10.79 of the City's Municipal Code may result in suspension or revocation of the Massage Establishment license. I understand the information provided in this application will be used to obtain a criminal record check. DATE: Signature of Owner/Operator ATTACH TO LICENSE NO. OFFICE USE ONLY FOR USE BY POLICE DEPARTMENT Ej Approved ❑ Disapproved Reason: Date: By: Page 3 of 3 312 of 491 STATE OF CALIFORNIA ECM 8O1ORR (nhg. 04f2a01; iv,1Q2O14) REQUEST FOR LIVE SCAN SERVICE (Record Review or Foreign Adoption) Applicant Submission UEPARTMENT OF JUSTICE Page 1 012 CA0370900 ORI (Cade assigned by DOJ) • Type of Application (Check One Only) ❑ Record Review Foreign Adoption easvnfor Applloat ion Contributing Agency Information: DEPARTMENT OF JUSTICE Agency Authorized to Receive Criminal Rel:or Information P.O. BOX 903417 Street Address or P.O. Box .Mali Code (rive -digit code assigned by DOJ) RECORD REVIEW UNIT Contact Name (mandatory for all school submissions) SACRAMENTO CA 942034170 • (916) 227.3835 City State ZIP Code Contact Telephone Number Applicant Information: Last Narne Other Name (AKA or Alias) Last Date of Birth Sex Male El Female Height Weight Eye Color Hair Color Place of Birth (Stale or Country) street Address or P.O. Box Firat Name Middle Initial Suffix drat Su(flx E riverre License Number Milo. Number (other Identification Number) Social Security Number Telephone Number City State ZIP Code Level of Service: j DOJ Only If re -submission, list original ATI number (Must provide proof of rejection): Original ATI Number E] Foreign Government Embassy; (Mandatory for Foreign Adoption requests pursuant to Penal Code section 11105(c)(12)) © Designee -- Do not include Employer; (Optional for Individual designated by applicant to Penal Code section 11124) Designee nr Embassy Name reet Address or P O Box City State Country 11:? Code "Telephone Number Live Scan Transaction Completed By: Name of Operator Date Transmitting Agency LSID ATI Number Amount Collected/Billed ORIGINAL - Livd Seem Operator CECONO COPY - Applicant 313 of 491 Chapter 10.70 - POLICE REGULATED BUSINESS REGULATIONS Sections: 10.70.010 - Purpose and intent —Permit required. A. It is the purpose and intent of the city council to establish procedures for permit issuance and regulation of certain businesses and activities as police regulated for the protection of the public health, safety and welfare. Businesses identified in this Division X (Chapters 10.70 through 10.79) have a higher degree of potential for one or more types of illicit activity - prostitution, disorderly conduct, gambling, fraudulent practices, or the concealment or facilitation of transfers of stolen property. Therefore, regulation of the operations of these establishments is appropriate to protect legitimate business practice and the public health, safety and welfare. B. A business, activity or a performer or technician which is identified in Chapters 10.71 through 10.79 is designated a "regulated business," "regulated activity," "regulated performer" or "regulated technician," as the case may be, and the specific regulations applicable to their conduct are set out in Chapters 10.71 through 10.79. The procedures set out in this Chapter 10.70 shall uniformly govern the administration and appeals process regarding the issuance, denial, suspension or revocation of any permit required to operate as a regulated business or activity or as a regulated performer or technician pursuant to Chapters 10.71 through 10.79. C. The issuance of a permit pursuant to this chapter does not excuse a regulated business, activity, performer or technician from complying with any other revenue or regulatory requirement of this code or state law. A separate permit shall be required for each type of activity regulated by Chapters 10.71 through 10.79, unless otherwise provided. The issuance of a certificate or permit under other provisions of this code does not excuse compliance with or create a defense to any violation of the requirements of this chapter or Chapters 10.71 through 10.79, as applicable, or any other provisions of law or ordinance, including conditional use permits required under Title 8. D. It is unlawful for any person to operate a business or activity or perform or practice as a performer or technician regulated by this chapter and Chapters 10.71 through 10.79, as applicable, without a valid permit issued by the chief of police or designee, or to operate, perform or practice while the permit is suspended or revoked. Each day a violation of this section exists constitutes a separate misdemeanor. 10.70.020 - Definitions. For purposes of Chapters 10.70 through 10.79, the following definitions shall apply: A. A. "Person" means and includes a natural person, a partnership, joint venture or a corporation. B. "Operator" means any person who supervises, manages, directs, organizes, controls, or in any other way is responsible for or in charge of the daily operation, conduct or activities of the regulated business or activity. C.B. "Owner" means any person —or entity having an ownership interest in the establishment."Applicant" or ermittee"T�n -; e, son; d the case of a peratierf, e case of a partnership, its general partners. D.C. "Responsible person" means any person who is an owner, operator, or manager --or both, and includes any employee or agent in apparent charge of the premises for which the application is made or required or a permit is issued. E.D. "Permit" means a permit issued by or under the authority of the chief of police or designee that authorizes activity regulated under Chapters 10.71 through 10.79. Page 1 314 of 491 F.E. "Permitee" means an owner to whom a permit issued by or under the authority of the chief of police or designee that authorizes activity regulated under Chapters 10.71 and 10.79. G.F. "Applicant" means the natural person(s) who complete and sign an application pursuant to this Chapter. 10.70.030 - Applications. A. Any person required to obtain a permit pursuant to Chapters 10.71 through 10.79 shall file a written application with the chief of police or designee on a City -approved form, and pay the non-refundable regulatory fees set forth in the National City fee schedule. to recoup all investigative costs. The applicant shall provide proof of payment of any regulatory fees imposed by the state of California or county of San Diego contemporaneously with the filing. Written application forms prepared by the chief of police or designee may require the applicant to be photographed, finger printed and to provide, in addition to the information listed below, such other information as is reasonably necessary to carry out the purposes of this chapter. The application form shall be approved as to form by the city attorney. TFor massage establishments, the application shall be completed and signed by the owner of the proposed massage establishment, if a sole proprietorship; one general partner, if the owner is a partnership; or two officers, if the owner is a corporation. B. An applicant for a permit shall submit the following information: 1. The full name of the business, including the name under which the business will be conducted; 2. The address where the business is to be conducted, or the address of the business office for an off premise business: 3. The applicant's full, true name, and any other names used; 4. The applicant's date of birth; 5. The applicant's present residential address and telephone number; and present addrese of applicant; 26. The previous addresses of the applicant for the three years immediately prior to the date of the application and the dates of residence at each; 3. Written proof that the applicant is over the age of eighteen years; 47. Applicant's height, weight, color of eyes and hair; 58. Three recent portrait photographs at least two inches by two inches taken within the preceding six months, which accurately depict the current appearance of the applicant; 9. The applicant's driver's license and/or identification card issued by a state or federal governmental agency, or other photographic identification bearing a bona -fide seal of a foreign government; 10. If the owner is a corporation, domestic stock. domestic non-profit, qualified foreign corporation, limited liability company, general partnership, or limited partnership, the application shall include the following: a. A business entity status report issued by the California Secretary of State: b. Organizational documents for the business entity including but not limited to a copy of the Fictitious Name Statement and/or Articles of Incorporation; c. Full name. date of birth, residential address. and business address for each officer and; director;;—aad stockholder with more than a five percent interest in the massage establishment business. d. the name, date of birth, and residence addresses of the responsible employee(s) to be principally in charge of the day-to-day operations of the massage -establishment. Page 2 315 of 491 e. The full name of the owner, including any DBAs. 611. The tax identification number for the business; 12. The name, address, email address, and telephone number of the real property owner where the business will be operated, and a copy of the lease or rental agreement, if applicable; 13. The business license and permit history of the applicant, including whether the applicant when previously operating in this or another city or state under a license or permit, has had that license or permit suspended or revoked, the reason therefore, and the business activity or occupation subsequent to the suspension or revocation; 14. For massage establishment businesses regulated under Chapter 10.79, a copy of the massage practitioner certificate issued by the California Massage Therapy Council pursuant to Chapter 10.5 of the California Business and Professions Code for each owner who has been issued a certificate, or a statement that such a certificate has not been issued or has been previously revoked or cancelled with information regarding such revocation or cancelation; 154. For massage establishment businesses regulated under Chapter 10.79, a list of all persons who will administer massage, including but not limited to employees and independent contractors. Such list shall include the full true name and any other names used, date of birth, copy of their driver's license or any other photo identification card issued by a State or Federal agency. and a copy of the valid massage practitioner certificate issued by the California Massage Therapy Council pursuant to Chapter 10.5 of the California Business and Professions Code; 16. For massage establishment businesses regulated under Chapter 10.79. all services must be described on the application for the permit; 175. Business, occupation or employment history of the applicant for the three years immediately proceedingprecedinq the date of the application; 7, The business license and p mit history of the applicant, including whether the applicant when previou er it suspende r revo ted, t—the reason thereforti, and-t e business activity or occupation subsequent 8186. A list, broken down for each applicant, each responsible employee(s) to be principally in charge of the day-to-day operations of the establishment, and all partners if a general or limited liability partnership, or all officers; and directors, and stockholder with mere than r, five percent inters t in the m age a tablish merntt business if a corporation, of all criminal convictions, including pleas of nolo contender, within the preceding five years. including those dismissed or expunged pursuant to Penal Code section 1203.4, but excluding minor traffic violations, and the date and place of each such conviction, as well as except minor traffic offenses, with a full explanation of the circumstances; 9. If an applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residenceddd;es?es-efeaach of its officers, directors and each stockholder holding more than five percent of the stock of -the corporation. If an applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners; 197-9. A complete set of fingerprints taken for each asialicaetowner if a sole proprietorship, or each natural person, including the owner and operator or person- to be principally in charge of the day-to-day operations of the establishment- unless in the case of massage establishment businesses, they hold a; valid massage practitioner certificate issued by the California Massage Therapy Council pursuant to Chapter 10.5 of the California Business and Professions Code; Page 3 316 of 491 2048. A signed statement authorizing the City. through its officers, agents, and employees, to conduct a background check of the applicant, and owners(s), and natural persons to be principally in charge of the day-to-day operations -to seek information and conduct an investigation into the truthfulness of the statements set forth in the application and to ensure continual compliance with all applicable provisions of the law; 211-9. A signed acknowledgment that the owner(s) shall be responsible for the conduct of all employees or independent contractors working on the premises of the business and acknowledging that failure to comply with the provisions of this Chapter or any local, state or federal law and, for massage establishment businesses regulated under Chapter 10.79, failure to comply with California Business and Professions Code section 4600 et seq., may result in the suspension, revocation, or denial of the massa o establishment permit. 220. An acknowledgement that the applicant consents to periodic inspection of the regulated premises or activity, and that revocation of the permit may occur for any unjustified refusal to allow the same, and; 2434. An acknowledgement that the applicant has received a copy of Chapter 10.70 and any applicable chapter from Chapters 10.71 through 10.79 which regulate the business or activity of the applicant. 242. A signed statement by the applicant certifying under penalty of perjury that all information in the application is true and correct, and acknowledging that failure to be truthful may result in denial of the application. 10.70.040 - Investigation. The chief of police or designee, upon receipt of a written application for a permit and payment of the necessary fees shall promptly conduct an appropriate investigation to determine whether a permit should be issued in accordance with the provisions of this chapter. The chief of police or designee shall consider any relevant factual material relating to such application. 10.70.050 - Permit issuance or denial. A. Issuance. The chief of police or designee shall may deny a permit applicationissue a permit, based upon investigation and substantial evidence, if he or she finds one or more of any of the following: 1. That the operation or the premises of the activity, as proposed by the applicant, if permitted, would not -violate any applicable laws, including but not limited to the city's fire, building, zoning and health regulations; and -or 2. That the applicant, any other person who will be directly engaged in the management and operation of the regulated business or activity, or an applicant who is to participate or perform services as a regulated technician or performer: a. Has not -been convicted in any court of competent jurisdiction by a final judgment of any misdemeanor or felony, within the five years preceding the date of application, which rationally and reasonably relates to the conduct of the regulated activity; and or b. Has not allowed acts to occur in prior any business operations for the preceding five years which would violate those sections of the Penal Code listed in Section 10.70.050A.2.d, or any provision of this Chapter or Chapter 10.79, irrespective of a conviction or acquittal; and or c. Has not had a permit to operate a business that is or would be regulated pursuant to Chapters 10.70 through 10.79 suspended or revoked in any jurisdiction, within the preceding five years; and or Page 4 317 of 491 d. Within the five years immediately preceding the date of the filing of the application, has not been convicted in a court of competent jurisdiction of any of the following offenses: (1) An offense that requires registration under California Penal Code Section 290;. or (2) An offense which is a violation of Sections 311 through 311.7, 313.1, 314, 315, 316, 318 or 647(a), 647(b), 647(d),— 647(h), 653.22. 653.23 or 290 of the California Penal Code; or An offense that is a reduction from any offense listed in Section 10.70.050A.2.d. (1) or (2) to some other offense under the Penal Code which would not require registration, pursuant to a plea of guilty negotiated prior to trial; or (4) Any misdemeanor or felony involving theft of property; andor 3. That the applicant has i t-k+newi made any false, misleading or fraudulent material statement of fact in the permit application, or any other related document required by the city in connection with the application; or 4. - The applicant has not complied with the provisions of this Chapter and Chapter 10.79; or 5. For establishments regulated by Chapter 10.79, the applicant proposes to locate the massage establishment in the same building as a massage establishment that has surrendered its permit or had its permit revoked within 5 years of the application date because a person engaged in any criminal conduct and/or violation of this Chapter or Chapter 10.79 while on the premises of the former massage establishment; or 6. That the application is incomplete and the required information or documents were not submitted within 20 days of a request for the information or documents. (3) B. Timeliness and Conditional Issuance of Permit. Upon receipt of a properly completed application, the chief of police or designee shall either approve or deny the application within thirty days. Failure to take action on a permit application within thirty days shall not result in an automatic approval. If the chief of police or designee is awaiting investigation results from another governmental agency within those thirty days, the chief shall issue a revocable conditional permit on the thirtieth day if a local records check fails to disclose any disqualifying information and the operation would otherwise be in compliance with all other applicable laws and regulations; except that a revocable conditional permit shall not be issued to an escort or massage technician or operator until it affirmatively appears that there is no disqualifying information, in order to avoid the potential for physical harm to a potential patron pending final action. Any revocable conditional permit shall be revoked if further investigation discloses the existence of a disqualifying factor under this Section 10.70.050. _C. Denial. If the chief of police finds any of the facts sot forth in subsection A cxist, no permit shall be issued.An applicant whose application is denied based on subsection (A)(1) through (A)(5) of this section is not eligible to reapply for five years after notice of denial. -An applicant whose application is denied for failure to comply with subsection (A)(6) is not eligible to reapply for 180 days after notice of denial. D. Permits must be exercised within one year of issuance or shall be deemed abandoned. E. A permit is deemed abandoned if the establishment which has exercised its permit ceases operations covered by the permit for 180 days. F. A permit issued pursuant to this Chapter shall not be operative until and unless all other required local, state, or federal licenses and permits have been obtained. Page 5 318 of 491 10.70.060 - Notice of decision. Upon taking final action to issue or deny a permit application, or to suspend or revoke a permit under Section 10.70.080, the chief of police or designee shall immediately give written notice of decision and the reasons to the applicant and to any other person requesting such notice. The notice of decision shall inform the applicant or permittee of the right to appeal under Section 10.70.070 and the time limits prescribed for such review. The chief of police or designeeate shall file a proof of service with the city clerk establishing the method and date of service. The issuance of the notice of decision shall begin the running of any period of limitation for city council or judicial review under Section 10.70.070 as follows: A. Three calendar days after mailing a notice of decision to the address shown on the application by both first class mail, postage prepaid with return address clearly marked, and by certified mail, return receipt requested. Receipt of either by the addressee shall constitute service of notice. Actual receipt, however, shall not be a pre -requisite to the running of any period of limitation. B. Immediately upon personal service or personal delivery of the notice of decision to the applicant. 10.70.070 - Appeal. A. Any applicant or permittee aggrieved by the decision of the chief of police or designee regarding the issuance, conditional issuance, suspension, revocation or denial of a permit, shall have a right to appeal to the city council, or to seek direct judicial review. B. An appeal to the city council must be perfected within fifteen calendar days after the service of a notice of decision by filing a letter of appeal with the city clerk stating the basis for the appeal. An applicant or permittee filing an appeal shall pay a nonrefundable fee to the finance department at the time the appeal is filed. The amount of such fee shall be as determined from time to time by resolution of the city council. No fee shall be required for an appeal -to the-city-e neil—Upon receipt of the letter of appeal and proof of payment of the appeal fee, the city clerk shall immediately set the matter for consideration by the city council at its nexta regularly scheduled meeting as soon as reasonably practicable. The city clerk shall give the appealing party, and any other person requesting the same, at least five calendar days written notice of the time and place of such hearing. C. At the time and place set for the hearing, the city council shall give the appealing party and any other interested party a reasonable opportunity to be heard and show cause why the determination of the chief of police or designee should not be upheld. After the chief of police or designee has presented the statement of facts upon which the determination was made, the burden to show that the action taken by the chief of police or designee was not based on substantial evidence, or was arbitrary, capricious or unjustified shall be upon the appealing party. The determination of the city council shall be final and conclusive and shall constitute the exhaustion of administrative remedy. The written determination of the city council shall be served upon the appealing party by the city clerk. Service shall conform to Section 10.70.060, and shall govern the commencement of any period of limitation for judicial review under Code of Civil Procedure Sections 1094.6 or 1094.8, whichever is applicable. D. If the appealing party does not appeal tot c fifteen day period, the applicant shah be limited to the fning of a writ f manaamus ,•+tiro the-timerinkits specified in Code of Civil is applicable, the decision of the chief of police is deemed- a final administrative action and shall constitute the exhaustion of administrative remedy. 10.70.080 - Suspension and revocation. A. The chief of police or designee shall may suspend or revoke any permit issued under the provisions of this chapter if he or she finds that: 1. The operation conducted by the permittee violates or has violated any applicable laws, including but not limited to the city's building, zoning and health regulations and Chapters 10.70 through 10.79, as applicable; Page 6 319 of 491 2. The permittee, including a regulated performer or technician, or any other person who is directly engaged in the management and operation of the regulated business has, while the permit is in effect: a. Allowed, committed or been convicted of an act that constitutes a violation of law which rationally and reasonably relates to the conduct of the regulated activity, b. Allowed or committed acts listed in Section 10.70.050(A)(2) to occur at a regulated business, irrespective of adjudication, conviction or acquittal, or c. Allowed a regulated performer or technician with a contagious or communicable disease to perform services under the auspices of the permittee; or 3. The applicant or permittee had knowingly made a false, misleading or fraudulent material statement of fact in the permit application or any other document required in connection with the application. B. The chief of police or designee shall serve the permittee with a written order stating the reasons for the suspension or revocation. The order may be for a limited period, not to exceed ninety (90) days, or for permanent revocation. The order shall advise the permittee of appeal rights under Section 10.70.070. The chief of police or designee may issue the order without regard to the status of prosecution or finality of a conviction affecting a permittee, so long as the chief of police or designee has determined that sufficient facts exist to justify the suspension. The order shall be effective immediately if personally served, or Seventy two (72) hourcthree (3) calendar days after it has been deposited in the course of regular transmission in the United States Postal Service. C. Except as provided under Section 10.70.080(D), immediately upon the order becoming effective, the permittee shall cease all operations under the permit and shall surrender the permit to the chief of police or designee. D. In lieu of issuing an order of suspension or revocation, the chief of police or designee may impose conditions of probation for a specified duration not to exceed one year, during which period the permittee shall be subject to the order of suspension or revocation if the chief or police or designee determines those conditions have been violated. If the permittee accepts the order of probation, no appeal shall be allowed under Section 10.70.070. If, however, the permittee objects to the terms of probation, probation shall not be allowed, the order of suspension or revocation shall take effect, and appeal rights of the permittee under Section 10.70.070 shall then be applicable. E. Only when an appeal is taken to the city council shall the order of suspension or revocation be stayed pending determination by the city council in the manner set forth in Section 10.70.070 of this chapter. The determination of the city council will be final and conclusive and constitute the exhaustion of administrative remedies. A written notice of decision of City Council shall be served on the permittee in accordance with Section 10.70.060, and service shall begin the period of limitation for judicial review under Code of Civil Procedure Sections 1094.6 or 1094.8, whichever is applicable. The decision shall advise the permittee of the time I' in Section 10.70.060. If the ermittee elects iu clip al review i lieu of an ppeal to the city coi ncil howewYever them the order of the chief of police shall he deemed a final order constit sting the exhaustion nistrative rem er'ly anrt the commencement of time within which to file for judicial review F. Police permits issued for an establishment to conduct business regulated under Chapters 10.71 through 10.79 are separate from and independent of any conditional use permit that is required or issued under the provisions of Title 18 of this code. Revocation or suspension of a police permit shall not operate to revoke or suspend a conditional use permit, notwithstanding that the same or similar terms and conditions may be applicable to both permits. Revocation or suspension of a police permit affects only the authority of the establishment to provide or allow a particular form of entertainment or activity at the premises for which the police permit is issued. The establishment may continue to conduct all other business for which it is licensed or allowed by law to conduct, unless separate action is taken to abate the establishment as a public nuisance or to revoke or suspend any other issued permit, including a conditional use permit. Page 7 320 of 491 10.70.090 - Posting or exhibiting. A. Permits issued to an operator shall be posted in plain view at the main entrance to the premises where the business or activity for which the permit is issued is conducted, and shall remain posted while the permit is in force. B. Permits issued to a regulated performer or technician shall be carried on their person, except that the permit of a regulated performer or technician may instead be posted on the regulated premises together with the permit issued for the regulated business or activity. C. It is unlawful and a misdemeanor for any person subject to this chapter or Chapters 10.71 through 10.79 to fail to post or carry an issued permit as required by this section, or to fail to exhibit an issued permit upon demand of the chief of police or other —designated officerdesignee. 10.70.100 - Inspection of premises. A. Issuance of a police permit is conditional upon the premises regulated under Chapter 10.71 through 10.79 being available for reasonable inspection by the chief of police department, the fire department, the health officer or city code compliance officials following approval of the application and during the operating hours of the regulated business or activity. Refusal to allow reasonable inspection during operating hours upon demand of an authorized official is grounds for the suspension or revocation of an issued permit, or the denial of an application for a permit. No application shall be granted if the premises do not meet applicable requirements of law or ordinance. B. If necessary or appropriate, the official may obtain an inspection warrant after inspection has been denied. Inspection pursuant to an issued inspection warrant does not mitigate or exonerate the suspension or revocation of the permit. C. The county health officer is authorized to charge inspection fees established within the applicable fee schedule of the county of San Diego or the National City fee schedule. 10.70.110 - Duration. Unless provided otherwise in Chapters 10.71 through 10.79, permits issued pursuant to this chapter remain valid until revoked, surrendered or abandoned. 10.70.120 - Transfer of permit. It is unlawful to transfer a permit from one person to another. It is unlawful-ef to use a permit at another location except with the written approval of the chief of police or designee. An application for transfer of permit to another location shall be in writing and accompanied by a processing fee established in the National City fee schedule. The application for transfer shall contain the same information required for an initial application for a permit. Any transfer of a permit in violation of this Section 10.70.120 is void and shall confer no rights upon the transferee nor create any obligation upon the city to honor the transfer or to afford notification or appeal rights under Sections 10.70.060 or 10.70.070 to either the transferor or the transferee. 10.70.130 —Transition provisions. A. A business lawfully conducting business in the city as of the effective date of this Chapter 10.70 that is to be regulated by Chapters 10.71 through 10.79 will be issued an appropriate police permit by the chief of police or designee without further payment of fees, provided the business or activity was otherwise in compliance with the regulatory and fiscal provisions of the municipal code in effect immediately prior to the enactment of this ordinance. Permits issued pursuant to this Section 10,70.130(A) shall thereafter be fully subject to the provisions of Chapter 10.70 and Chapters 10.71 through 10.79, as applicable, regarding administration, operation and licensing. Page 8 321 of 491 B. An existing business that does not meet the compliance standards for permit issuance under Section 10.70.130(A), and all new businesses commencing operations shall comply with Chapter 10.70 and Chapters 10.71 through 10.79, as applicable. 10.70.140 - — Notice of Changes A. Permittees of establishments governed by Chapter 10.79 shall only allow persons -certified by the California Massage Therapy Council to provide massages at, or in association with the establishment, and shall immediately notify the chief of police or designee, in writing, of any change to the list provided pursuant to section 10.70.030(3)(14). 10.70.1540 - Public nuisance. Each regulated business or any business that is required to be regulated that operates in violation of Chapter 10.70 through 10.79, as may be applicable, is a public nuisance and may be enjoined civilly or administratively. In addition, and to the extent not expressly provided elsewhere in this code, it is unlawful and a misdemeanor to maintain a public nuisance. 10.70.1650 - Violations and regulatory enforcement. Violation of any of the mandatory requirements or prohibitions contained in Chapters 10.70 through 10.79 are misdemeanors and constitute grounds for suspension or revocation of an issued permit, except that any requirement or prohibition designated as "regulatory only" will be treated only as grounds for suspension or revocation of an issued permit, and criminal prosecution may not occur for that violation. 10.70.1760 - Severability. The city council declares that the invalidity of any section or portion of Chapters 10.70 through 10.79 shall not affect the validity of any other remaining section or portion; that the council would have adopted each of those remaining portions, notwithstanding any later declared invalidity. Any provision determined invalid under the preceding sentence may either be severed or, if it can be judicially interpreted in a way that could harmonize it with the remaining provisions, then it may be so judicially interpreted and, as interpreted, be applied so as to give full purpose, meaning and effect to the remaining provisions. Page 9 322 of 491 _Chapter 10.79 - MASSAGE ESTABLISHMENTS Sections: 10.79.010 - Title and administration. This chapter may be referred to as the National City massage establishment ordinance. Issuance and administration of permits is governed by Chapter 10.70. 10.79.020 - Purpose and intent. It is the purpose and intent of this chapter to provide for the orderly regulation of a massage establishment business in the city in order to protect the public health, safety and welfare by promulgating minimum standards for the establishment and operation of those businesses and to prevent the facilitation of prostitution. 10.79.030 - Definitions. Whenever in this chapter the following words or phrases are used they shall mean as follows: A. California Massage Therapy Council (CAMTC) means the state organized non-profit organization created to regulate the massage industry set forth in Chapter 10.5 of Division 2 of the California Business and Professions Code, commencing with section 4600. B. CAMTC certificate means a current and valid certificate issued by the California Massage Therapy Council to a massage technician. CA. "Massage" means a mcthod of pressure or friction upon the external parts of the body, including but not limited to rubbing, strok„in9 kneading tarring with hand , inctn,menF facial massage, fomentations, electric or magnetic treatment or alcohol rubs. any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances or with or without such supplementary aids as rubbing alcohol, liniments, antiseptic, oils, powder, creams, lotions, ointments, or other preparations commonly used in this practice. DB. "Massage establishment" means an establishment where massage is administered. tt des 3 massage parlor defined in-Sectt,en .69,92�N, -, elieve th,-Ts--an i„co rect citat on, but in an pF event, we can no loi er rgcr Fee late—rnassa a establishments act lt_oriented b icinesse ) EC. "Massage Practitioner." "Massage technician_" or "technician" means any person, including a holistic health practitioner as defined in Subsection H, who gives or administers to another person of the same or opposite gender, for any form of consideration, a "massage" as defined in this chapter. FP. "Massage establishment operator" or "operator" means any person, including a holistic health practitioner as defined in Subsection H, who operates an establishment to give or administer to another person of the same or opposite gender, for any form of consideration, a "massage" as defined in this chapter. This includes any person who supervises, manages, directs, organizes, controls, or in any other way is responsible for or in charge of the daily operation, conduct, or activities of a massage establishment. GE. "Massage Practitioner Certification" means a certification issued by the California Massage Therapy Council pursuant to Chapter 10.5 of the California Business and Professions Code. Page 1 323 of 491 HE. "Permit" under this Chapter means an annualan annual permit to operate a massage establishment or massage techni„ianas required by this code. (Our Code doesn't require an annual permit. Rather, it appears as though the permit continuos indefinitely. We can change this, ae noted in Chapter 10 7n,) "Qualified massage association." A qualified massage association is one that meets the following requirements: Section 501 of the Internal Revenue Service Code; otion administered and overseen by its admis.,ion committee or by the National Commission for Certifying Agencies, satisfactory certification of which will be accepted in lieu of the minimum education requirement of five hundred hours; 3. Requires participation and completion by members of a minimum number of hours of specified continuing education as a condition of continuing membership; 4. Has established rules of ethics and enforcement procedures for the suspension and revocation of m-mbership of persons violating the rules of ethics; and 5. Allows membership to the general public meeting the requirements for membership on either a /I think we should ii st reg tiro of massage technicians to be certified through the California Massage Therapy Council.) IG. The term "specified anatomical areas" is defined by Section 18.69.020(A).genitalia and female breasts. (This is a limitation imposed by Government Code 51034(c)(4))means any of the following areas of the human body: pubic region, human genitals, perineum, anal region. and the areas of the female breasts that include the areola and the nipple. Jul. "Holistic health practitioner" means a non -medical or other health care therapist who uses acupressure (excluding "acupuncture") or a massage specialty and therapeutic approach in caring for clients, and who is not licensed by the state of California. 10.79.040 - Massage operator permit required. A. It is unlawful for any person to operate a massage establishment in or upon any premises within the city without the permit required by this chapter and Chapter 10.70, except as exempted by Section 10.79.170. B. A massage establishment police regulated permit required by this chapter and Chapter 10.70 shall be valid for one (1) year, coinciding with the city business license effective and expiration dates. Permit renewal shall be made by the applicant within thirty (30) days prior to the expiration of the permit. If an application for renewal of a permit and all required information is not timely received and the permit expires, no right or privilege to continue the massage establishment governed by Chapter 10.79 shall exist. CB. It is unlawful for the operator, owner or other responsible person. of a massage establishment to employ or otherwise allow a person to perform massage who has not obtainedcloes not have a valid massage technician's permit to practice acts of massage upon the premisesmassage practitioner certification issued by the California Massage Therapy Council pursuant to Chapter 10.5 of the California Business and Professions Code or CAMTC certificate. - C. The owner or operator of a massage establishment shall submit a revised list with the information specified in Section 10.70.030.B.15.44 to the Police Department within five (5) business days immediately upon any change to the list. Page 2 324 of 491 10.79.050 - Massage technician's permit certification required. A. It is unlawful for any person to perform services as a massage technician without a valid massage practitioner certification issued by the California Massage Therapy Council pursuant to Chapter 10.5 of the California Business and Professions Code. the-perm4t-required by this chapter. B. A massage technician permitmassage practitioner doescertification does not authorize the operation of a massage establishment. Any person or massage technician who desires to operate a massage establishment must apply separately to the City for a permit and a business license. Cpnypersan c rrentl„ opera+inn i ender a massage --technician permit issued prior to the effvT-feGtive-d-aate-ef this chapter shall within thirty days after the -effective-date of this chapter, obtairrrl e-pewr i4-requ+ired by this sect isions of -this chapter provided however that a currently ticense<r r &sssagotechnician who lacks the renuisite hours or -prior training expededomquired under this-Chapter-1-0.79, will be issued a replacement permit -wish -will -thereafter be-sud}ect to immediate revocation-f r 1n 7n Thereafter ny f ture permit -�v�-v�TrcrcctrccT, ac+rry�uco-r�, t..�: application by that -person must demonstrate full compliance with this chapter _10.79.060 Additional application information required. In addition to compliance with Section-1-0-7-0-.02 this-Ehapter shall submit the following information: A. A certificate -from -a -ratio' cal doctor licensed to practice in the -state, stating that the applicant has within thirty days i aed+atel preceding the date of the application been examined and found to be -free of anr,-contagious or communicable disease; 8. Applicant shall -be required to furnish--finger-prints; C. Applicant must furnish proof -of -certification -by -the -National Certification Board for Therapeutic Massage and Bodywork attesting to -a --minimum of fidred hours of instruction and membership in a qualified massage as.ociation, as defined in Se 10.79. 160 - Minimum facilities required. No permit to conduct a massage establishment shall be granted unless an inspection by the chief of police or designee and the county health officer and the fire and building officials demonstrates that the proposed establishment does or will comply with each of the following minimum requirements: A. A recognizable and legible sign is posted at the main entrance identifying the premises as a massage establishment; B. Minimum lighting of at least forty watts is provided in accordance with the building code of the city; C. Minimum ventilation is provided in accordance with the building code of the city; D. Equipment approved by the health department for disinfecting and sterilizing instruments used in performing acts of massage is provided; E. Hot and cold running water is provided at all times; F. Closed cabinets are provided, which cabinets shall be utilized for the storage of clean linen; G. Adequate bathing: -dressing, locker, and toilet facilities are provided for patrons. A minimum of one tub or -shower, _one dressing room containing a separate locker for each person to be served, which locker shall be capable of being locked, and a minimum of one toilet and one wash basin shall be provided by every massage establishment; provided, however, that if male and female patrons are to be served simultaneously at such establishment. a -separate massage room or Page 3 325 of 491 moms, sep female -patrons, cash with appropriate gender H. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. Wooden surfaces must be painted with a washable, mold resistant paint. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments and toilet rooms must be thoroughly cleaned and disinfected each day the business is in operation with a disinfectant approved by the health department. Bathtubs must be thoroughly cleaned and disinfected after each use with a disinfectant approved by the health department, and; I. A minimum of one separate wash basin is provided in each massage establishment for the use of employees of any such establishment, which basin shall provide soap or detergent and hot and cold running water at all times, and is located within or as close as practicable to the area devoted to the performing of massage services. In addition, there must be provided at each washbasin sanitary towels placed in permanently installed dispensers. 10.79.0780 - Massage establishment operating requirements. No person, association, partnership or corporation may engage in, conduct or carry on, or permit to be engaged in, conducted or carried on the operation of a massage establishment unless each and all of the following requirements are met: A. Massage operations may only be carried on, and the premises may only be open, between the hours of ten (10.00) a.m. and midnightten (10:00) p.m. B. A list of services available and the cost of such services shall be posted in an open and conspicuous public place on the premises. The service shall be described in readily understandable language in English and may also then be described in any other language. No owner, operator, responsible managing employee, manager, permittee or licensee in charge of or in control of the massage establishment shall permit and no massage technician shall offer or perform, any service other than those posted. C. The massage establishment business tax license, massage establishment permit, pufatis-heal-t ► permit and a copy of the permit of each and every massage technician employed by or working in the establishment must be displayed in an open and conspicuous public place on the premises. D. Hot and cold running water under pressure shall be provided to all wash -basins, bathtubs, showers, and similar equipment. Each washbasin shall be provided with soap or detergent and sanitary towels placed in permanently installed dispensers. A trash receptacle shall be provided in each toilet room. E. Clean and sanitary towels, sheets and linens shall be provided for each patron receiving massage services. No common use of towels or linens shall be permitted, and reuse is prohibited unless they have been first laundered. Heavy white paper may be substituted for sheets, provided that such paper is used once for each person and then discarded into a sanitary receptacle. F. Disinfecting agents and sterilizing equipment shall be available for any instruments used in performing any massage. Instruments will be disinfected or sterilized after each use. G. Pads used on massage tables shall be covered in a workmanlike manner with durable, washable plastic or other waterproof material. H. Each establishment shall provide to all patrons clean, sanitary and opaque coverings capable of covering the patron's specified anatomical areas. Such coverings shall be used for one customer only and shall not be reused without first being cleaned. I. No owner, operator, responsible managing employee, manager, or permittee in charge of or in control of a massage establishment shall permit a massage to be given unless the patron's specified anatomical areas are covered during the entire massage by the covering referred to in subsection (H). Page 4 326 of 491 J. With the exception of bathrooms or dressing rooms not open to public view, no person or persons shall be permitted in any area within the massage establishment which is used in common by the patrons or which can be viewed by patrons from such an area, unless the specified anatomical areas of all persons within that area are fully covered. K. It is unlawful for an owner, operator, responsible managing employee, manager, permittee in charge of or in control of a massage establishment to permit any massage technician to perform any service or task while in the presence of a patron or to be on the premises of a massage establishment during its hours of operation unless the massage technician is fully covered from a point not to cxccod ches above the renter of the kneecap to the base of the neer Such _maintained ale and sanitary seRd+tiee-dressed in a manner that does not violate paragraph (10) of subdivision (a) of Section 4609 of the California Business and Professions Code. Violation of this subsection L is regulatory and shall be grounds only for the suspension or revocation of the is erl permits (1 am not sire wh.y this yn ould be considered regulatory only L. Any person performing services as a massage technician must wear a visible CAMTC identification card and have a copy of their driver's license or any other photo identification card issued by a State or Federal agency readily available for inspection by City or County investigating officials. M. An operator or owner must be on the business premises at all times during hours of operation of the business. N. For each massage service provided, every massage establishment shall keep a complete and legible written record of the following information: the date and hour that service was provided; the service received; the name or initials of the employee entering the information: and the name of the massage practitioner administering the service. Such records shall be open to inspection and copying by the police officers, or may be used by any massage practitioner or operator as records or service provided but may not be provided to other parties by the massage practitioner or operator unless otherwise required by law. Such records shall be retained on the premises of the massage establishment for a period of two (2) years and be immediately available for inspection during business hours. O. No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises. P. All signs shall be in accordance with the current ordinances of the City of National City. 10.79.080 - Massage establishment — prohibited conduct. In addition to the conduct/activities, items, and/or substances prohibited by Federal and State laws, the following conduct is prohibited at Massage Establishments: A. The sale, service, or consumption of alcohol or marijuana; and B. Audio and/or video recording of, or monitoring of, the patron, the massage therapist, or the massage therapy, without the prior written consent of the patron; and C. Residing in or at the massage establishment by any person including but not limited to the operator, owner, responsible person, or employee of the massage establishment; and Page 5 327 of 491 D. Advertising or marketing illegal activity, advertising or marketing sexual content related to massage therapy, or advertising or marketing sexual content in the promotion of the massage establishment', and E. Use or possession of adult -oriented merchandise, including "sex toys" and/or condoms, in any part of a massage establishment; and F. Any sexual activity at a massage establishment; and G. No owner, operator, responsible managing employee, manager, permittee or licensee in charge of or in control of a massage establishment shall permit any person to massage or intentionally touch the specified anatomical areas of another person while performing the services of a massage technician. 10.79.090 - Off -premises massage —Prohibited. It is unlawful for any person to engage in, conduct, carry on, or permit to be engaged in, conducted or carried on, the business of massage. for any form of consideration, in any hotel room, motel room, guesthouse or other place of public accommodation. This section shall not be construed to prohibit: A. Maintaining a licensed massage establishment upon the premises of a place of public accommodation; or B. The holder of a massage practitioner certification issued by the California Massage Therapy Council pursuant to Chapter 10.5 of the California Business and Professions Code permit issued pursuant to this chapter from giving or administering massages within hospitals, convalescent centers, rest homes. offices, or the private home of a patron. For the purposes of this section, offices and private homes shall not include hotel rooms, motel rooms. or quest houses. 10.79.100 - Existing businesses —Regulated. The provisions of this chapter shall be applicable to all persons and businesses described in this chapter whether the described activities in the chapter were established before or after the effective date of this chapter. Any_ existing MassageTechnician who performs Massage and any Massage Establishment that employs or utilizes Persons to Perform Massage within the jurisdiction of the City, that operates with a valid and current business license issued by the City and all other necessary approvals issued prior to the effective date of any amended regulations in this Chapter or Chapter 10.70, and that operates in compliance with all local, State and Federal laws, ordinances, rules and regulations, must be in full compliance with Chapters 10.70 and 10.79 no later than 60 days following the effective date of any new regulations. 10.79.110 - Exemptions. This chapter shall not apply to: A. Physicians, surgeons, chiropractors, osteopaths, psychiatrists, psychologists, acupuncturists, physical therapists, family counselors or other health care professionals who are licensed to practice their respective professions by the state of California or who are permitted to practice temporarily under the auspices of an associate or establishment duly licensed by the state of California, pursuant to the Business and Professions Code; B. Nurses and other health care professionals who are registered or licensed under the laws of this state and administer a massage in the normal course of professional health care duties; Page 6 328 of 491 C. A trainer of any duly constituted athletic team or athlete who administers massage in the normal course of training duties to the team or athlete; D. Barbers. cosmetologists, and estheticians duly licensed under the laws of the state who administer a massage incidental to a barber or beauty service provided in the normal performance of their profession. This exemption shall apply only if massage is provided from a fixed and permanent location of business; E. Therapeutic massage administered in or under the auspices of any health facility, hospital or other establishment licensed under California statutes in which the above -described persons practice their respective professions, provided the massages are given only by exempt individuals or persons acting under their supervision; F. Any bona fide athletic club which offers tennis, racquetball, swimming or other sport activities and possesses a sauna or steam room. Massage shall only be administered to members of the athletic club by persons who are exempt under this section. 10.79.120 Inspection by Officials The City, County, or any investigating official shall have the right to enter the premises of the Massage Establishment from time to time during regular business hours to conduct reasonable inspections to enforce compliance with this Chapter, Chapter 10.70, and with building, fire, .electrical, plumbing, and/or State and local health and safety regulations. No person shall refuse to permit or interfere with a lawful inspection of the Massage Establishment by City or County investigating officials. 10.79.130 Unlawful Massage Establishment or Operation Any Massage Establishment operated, conducted or maintained contrary to the provisions of this Chapter, Chapter 10.70 and/or State and Federal laws shall be and the same is hereby declared to be unlawful and a public nuisance. The City Attorney may, in addition to, or in lieu of prosecuting a criminal action hereunder. commence an action or actions, proceeding or proceedings for the abatement, removal or enjoinment thereof, in any manner provided by law including as provided in Chapter 10.70. Page 7 329 of 491 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m., Tuesday, January 22, 2019, in the City Council Chambers, 1243 National City Blvd,, National City, CA., to consider ADOPTION OF AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE SECTIONS 36931, 36937, AND 65858 AS AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY, AMENDING NATIONAL CITY MUNICPAL CODE CHAPTERS 10.70 AND 10.79 OF TITLE 10 (PUBLIC PEACE, MORALS AND SAFETY) RELATED TO POLICE REGULATED BUSINESS REGULATIONS AND MASSAGE ESTABLISHMENTS. Anyone interested in this matter may appear at the above time and place and be heard. if you challenge the nature of the proposed action, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this Notice, or in written correspondence delivered to the undersigned. Michael R. Dalla, City Clerk 330 of 491 Mayor Ron Morison Council Members Jerry Csno Alejandro Sotolo-Solis Mona Rios Albert. Mendivil ArR Office of the City Attorney MEMORANDUM Interim City Attorney George H. E=iser, ill Senior Assistant City Attorney Nicole Redone Deputy City Attorney Roberto M. Contreras TO: Mayor and City Council DATE: March 7, 2017 FROM: Interim City Attorney SUBJECT: Interim Ordinance to Adopt as an Urgency Measure a Moratorium Prohibiting . Issuance of a Massage Technician Permits or Licenses and Prohibiting New Massage Establishments from Locating within the City for a Period of 45 Days INTRODUCTION The proposed interim ordinance would impose a moratorium prohibiting the issuance of new massage technician permits, and prohibiting new massage establishments from locating within the City for a period of 45 days. The interim ordinance requires a 4/5 vote of the City Council for approval, and would take effect immediately. DISCUSSION Current National City Massage Establishment Regulations The permitting, regulation, and zoning provisions pertaining to massage technicians and massage establishments in National City are currently found in. Chapters 10.70, 10.79, and 18.30 of the Municipal Code. Chapter 10.70, titled "Police Regulated .Business Regulations", establishes procedures for permit issuance and regulation of certain businesses and activities as "police regulated" for the protection of the public health, safety, and welfare,. Businesses and activities regulated by this Chapter are identified in Chapters 1.0.71 through 10.79,. and include massage technicians and massage establishments. Section 10.70.010(A) recites that such businesses and activities have a higher degree of potential for one or more types of illicit activity, including prostitution and disorderly conduct. In addition to a business license and other required permits, massage technicians and massage establishments must obtain a permit from the Chief of Police, after undergoing an application process that may include fingerprinting and furnishing a criminal history. Chapter 10.79, titled "Massage .Establishments", provides "for the orderly regulation of massage establishment businesses in the City in order to prevent the facilitation of prostitution". Chapter 1243 National City Boulevard; National City, California 91950-4397 Tel..: (619) 336-4220 Fax: (619) 336.4327 331 of 491 10.79 requires any massage technician or massage establishment to obtain a massage technician permit or massage operator permit, respectively, in accordance with the procedures set forth in Chapter 10.70..Additionally, Chapter 10,79 sets forth minimum operating and facilities requirements for massage establishments, including the requirement that facilities contain at least one tub or shower, and that during hours of operation massage technicians be fully covered from a .point not to exceed four inches above the center of the kneecap to the base of the neck. Chapter 18.30, titled "Specifie Use Regulations," and more specifically, Section 18.30.030, titled "Adult -oriented businesses," are found in Title 18, which contains the zoning and land use regulations of the Municipal Code, Section 18.30.010 states the purpose of Chapter 18.30 is to provide standards for certain land uses and activities that require special standards to mitigate their potential adverse impacts. "Massage parlors" are included as "adult -oriented businesses" within the scope of the regulations set forth in Section 18.30.030.. That section provides that all adult -oriented businesses, including massage parlors, are prohibited from being established or operated within 1,500 feet of another adult -oriented business, within 1,500 feet of any school or park within the City, or within 1,000 feet of any residentially -zoned property. The section further provides that massage parlors are. permitted only upon issuance of a conditional use permit (CUP). State Law Authorizing City Regulation of Massage Establishments The City derives its authority to regulate massage establishments from Article XI, Section 7 of the California Constitution, as well as from statutes enacted by the State Legislature, including Section 4600 et seq. of the California Business & Professions Code, and Section 51030: et seq. of the California Government Code. Section 4600 et seq. of the Business & Professions Code is commonly known as the Massage Therapy Act (the "Act"). Section 4600.5 of the Act states that it is the intent of the State Legislature that broad control over land use in regulating massage establishments be vested in local governments, and that the requirements and practice of the profession of massage therapy remain a matter of statewide concern. Section 4602 creates the California Massage Therapy Council, which is authorized to exercise extensive control over the licensing and regulation of individuals engaged in the practice of massage. Section 4603.1 states that local governments shall impose and enforce only "reasonable and necessary" fees and regulations on. massage businesses and massage establishments. Section 4612 provides that a city shall not enact or enforce an ordinance that conflicts with the Act, or with Section .51034 of the Government Code, The Massage Therapy .Act was enacted as urgency legislation by the State Legislature in January, 2009, to take effect immediately. Certain provisions of the Act were amended more recently, first in 2014 and again in 2016, certain of which amendments were inconsistent with the original version of the Act, with the latest amendment taking effect January 1, 2017. This frequent change in statutory provisions has created some uncertainty concerning the manner and degree to which cities may regulate .massage technicians and massage establishments. In addition to the Massage Therapy Act, city control over rnassage businesses is governed by Section 51030 et seq. of the Government Code. While Section 51030 provides that the legislative body of a city inay enact an ordinance which provides for the licensing of the business of Staff Report 2 Interim ordinate Mareh 7, 2017 Massage Moratorium Urgency Measure 332 of 491 massage, Section 51034 sets forth 11 specific types of conduct which a city vannot engage in when regulating massage businesses. These provisions create inconsistencies with certain current provisions of the Municipal Code, including the following; • Section 51034(e)(2) prohibits a city from defining a massage establishment as an "adult business;" Section 18.30.030(B)(14) of the Municipal Code includes "massage parlor" within the definition of "adult -oriented business," and imposes special regulations on such adult -oriented businesses. • Section 51034(0)(4) prohibits a city from requiring a massage establishment to have a shower or a bath; Section 10.79.070(0) of the Municipal Code requires massage establishments to have a minimum of one tub or shower. • Section 51034(c)(8) prohibits a city from imposing a requirement that a person certified under the Massage Therapy Act undergo a criminal background check or submit fingerprints to obtain a massage permit or license; Section 10.70.030(A) of the Municipal Code provides that the Chief of Police may require a person applying for a permit to practice massage or operate a massage establishment to be fingerprinted;. Section 10.70.030(B) provides that an applicant shall submit information regarding arrests; and Section 10,79.060 sets forth additional requirements such as a certificate from a medical doctor and that a Massage technician shall furnish fingerprints. • Section 51034(0(10) prohibits a city from imposing a dress code requirement on a person certified pursuant to the Act in excess of those already imposed by the Act; Section 10.79,080(K) of the Municipal Code requires massage technicians to be fully covered from a point not to exceed four inches above the center of the kneecap to the base of the neck, a stricter dress requirement than that set forth in the Act, The Necessity for Amending the Municipal Code As discussed above, there are certain provisions of the Municipal Code applicable to the regulation of massage technicians and massage establishments that are clearly inconsistent with the binding mandates and prohibitions of state law in this field of regulation, A valid ordinance regulating massage technicians and massage establishments is necessary to protect the public health, safety, and welfare, in that such an ordinance will ensure that legitimate businesses of massage are operated in a clean and sanitary manner,. and that problems with lewd conduct and prostitution do not arise with businesses that are not legitimate. It is submitted that within the meaning of Section 65858 of the 0overnnient Code, there is a current and immediate threat to the public health, safety, and welfare of the City and its residents resulting from the absence of a local ordinance that follows state mandates and prohibitions relating to massage establishments and technicians, and that the location of such establishments, and the issuance of permits and other entitlements for such establishments, would result in a • threat to the public health, safety, and welfare if the City's massage regulatory ordinances were to be found invalid. Starraepari 3 Interim Ordinace March 7, 2017 Massage Moratorium Urgency Measure 333 of 491 Why an Urgency. OrdinanceIrnposing an Immediate Moratorium is Being Proposed The Police Department reports a recent increase in prostitution activity at several. business locations throughout the City operating under the guise of massage establishments. At least six (6) of such illegitineate massage establishments have been identified, all operating without the required City permits or licenses and in violation of numerous local and state laws.. A well- drafted. ordinance, consistent with state law, is required to prevent such illegitimate business:es from being established in the City,. as well as to ensure that legitimate massage businesses are operated in a clean and sanitary manner. Because sufficient time is needed to prepare such an ordinance, it is recommended that the City Council enact an urgency ordinance imposing a moratorium upon the issuance of any new license or permit for the practice of massage, or the establishment of any new massage estabiislim.ent, within the City. If approved by the City Council, the moratorium would not affect persons currently engaged in the lawful practice of massage, or lawful massage establishments currently operating within the City. The City Council has enacted moratoriums in the past affecting several land uses, including payday lenders,. fast food restaurants, adult -oriented businesses, and previously in 2010, massage establishments. Statutory .Authority for Moratorium Ordinance Section 65858 of the California, Government Code authorizes a city, in order to protect the public health, safety, and welfare, and without following the procedures otherwise required, to adopt .an interim ordinance as an urgency measure to take effect immediately, prohibiting any uses that may be in conflict with a zoning proposal that the legislative body, planning commission, or the planning department is considering or studying or intends to study within a reasonable time. The initial period that the interim ordinance remains in effect is 45 days. After issuance of a written report detailing the measures taken to alleviate the condition which led to the adoption of the interim ordinance, and a public hearing, the interim ordinance may be extended for additional periods of I 0 months and 15 days, and subsequently for one year. A four -fifths vote of the City Council is required to pass the ordinance in each case. CONCLUSION It is recommended that the City Council .approve an interim ordinance on an urgency basis prohibiting the issuance of new massage technician permits, and prohibiting new massage establishments from locating within the City for a period of 45 days. GeorgeEiser, II Interim City Attorney Attachment Staff t2.eport 4 Interim Ordinace March 7, 2017 Massage Moratorium Urgency Measure 334 of 491 ORDINANCE NO. 2019 — AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE SECTIONS 36931 AND 36937 AS AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY, AMENDING NATIONAL CITY MUNICIPAL CODE CHAPTERS 10.70 AND 10.79 OF TITLE 10 (PUBLIC PEACE, MORALS, AND SAFETY) RELATED TO POLICE REGULATED BUSINESS REGULATIONS AND MASSAGE ESTABLISHMENTS WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code; and WHEREAS, the permitting, regulation, and zoning provisions pertaining to massage establishments within the City of National City are governed by Municipal Code Chapters 10.70 (Police Regulated Business Regulations), 10.79 (Massage Establishments), and 18.30 (Adult Oriented Businesses); and WHEREAS, the City is authorized to regulate massage establishments pursuant to Article XI, Section 7 of the California Constitution, as well as by state law, including Section 4600, et seq., of the California Business and Professions Code, and Section 51030, et seq., of the California Government Code; and WHEREAS, Section 4600, et seq., of the California Business and Professions Code, commonly known as the Massage Therapy Act (the "Act"), creates the California Massage Therapy Council, contains extensive provisions pertaining to the licensing and regulation of individuals engaged in the practice of massage, and while it states that a city may enact an ordinance which provides for the licensing of the business of massage, it further states that no city shall enact or enforce any ordinance that conflicts with the Act or with Section 51034 of the California Government Code, thus creating a partially preemptive effect of State law upon municipal regulation of massage establishments; and WHEREAS, the Massage Therapy Act was enacted as urgency legislation by the State Legislature in January, 2009, and certain provisions of the Act were amended in 2014 and 2016, certain of which amendments were inconsistent with the original version of the Act, and the latest of which amendments was effective January 1, 2017; and WHEREAS, Section 51034 of the Government Code was amended by the State Legislature in 2016, effective January 1, 2017, creating inconsistencies between the prohibitory provisions of that section and certain current provisions of the National City Municipal Code, including the following: • Section 51034(c)(2) prohibits a city from defining a Massage Establishment as an "adult business", and regulating a massage establishment as an adult entertainment. Ordinance No. 2019 — Page 1 of 19 January 22, 2019 Amending NCMC 10.70 & 10.79 Police Regulated Businesses and Massage Establishments 335 of 491 • Section 51034(c)(4) prohibits a city from requiring a massage establishment to have a shower or bath. • Section 51034(c)(8) prohibits a city from imposing a requirement that a person certified under the Massage Therapy Act undergo a criminal background check or submit fingerprints to obtain a massage permit or license. • Section 51034(c)(10) prohibits a city from imposing a dress code requirement on a person certified pursuant to the Massage Therapy Act in excess of those already imposed by the Act. and WHEREAS, at a regular public hearing held on March 7, 2017, the City Council adopted Ordinance No. 2017-2433 as an urgency interim ordinance, enacting a moratorium for 45 days prohibiting the issuance of massage technician permits and prohibiting new massage establishments from locating within the City finding an immediate threat to the public health, safety, and welfare of the city and its residents resulting from the absence of a local ordinance that follows state mandates and prohibitions relating to massage establishments and technicians, and that the location of such establishments, and the issuance of permits and other entitlements for such establishments, would result in a threat to the public health, safety, and welfare if the City's massage regulatory ordinances were to be found invalid; and WHEREAS, the City Council found it necessary and appropriate to review and consider the provisions of the legislation pertaining to massage establishments and technicians enacted over recent years by the State Legislature; and WHEREAS, the City Council found that a valid ordinance regulating massage establishments and massage technicians is necessary to protect the public health, safety, and welfare, in that such an ordinance will ensure that to the greatest extent possible, massage businesses will be conducted in a clean and sanitary manner, and in such a way that the operation of such businesses does not involve prostitution and lewd conduct; and WHEREAS, the City Council subsequently extended the moratorium for 10 months and 15 days and then for one year pursuant to California Government Code section 65858; WHEREAS, the moratorium is set to expire on or about February 7, 2019; and WHEREAS, in compliance with State law and as directed by City Council, City staff amended Title 10 (Public Peace, Morals, and Safety), Chapters 10.70 and 10.79 pertaining to Police Regulated Business Regulations and Massage Establishments; and WHEREAS, on October 2, 2018, the City Council approved Resolution No. 2018- 173, adopting an updated User Fee Schedule which includes fees related to a required police permit for massage establishments; and Ordinance No. 2019 — Page 2 of 19 Amending NCMC 10.70 & 10.79 January 22, 2019 Police Regulated Businesses and Massage Establishments 336 of 491 WHEREAS, the City Council finds that there is a current and immediate threat to the public health, safety, and welfare of the city and its residents resulting from the absence of a local ordinance that follows state mandates and prohibitions relating to massage establishments and technicians, and that the location of such establishments, and the issuance of permits and other entitlements for such establishments, would result in a threat to the public health, safety, and welfare if the City's massage regulatory ordinances were to be found invalid; and WHEREAS, the City Council finds it essential to protect the health, safety, and welfare of the citizens of the City of National City to enact an urgency ordinance consistent with State law, to allow legitimate massage establishments to do business in the City while also protecting the community from illegitimate businesses. NOW, THEREFORE, the City Council of the City of National City does hereby ordain as follows: Section 1. This urgency ordinance shall take effect immediately after its passage, and before the expiration of fifteen (15) days after its passage a summary or the ordinance in its entirety shall be published, with the names of the members voting for and against the same, once in a local newspaper of general circulation in the City of National City, State of California. Section 2. The temporary moratorium adopted on March 7, 2017 by City Council Ordinance No. 2017-2433, and extended by Ordinance Numbers 2017-35 on April 18, 2017 and 2018-2445 on February 6, 2018, is hereby terminated, effective immediately upon adoption of this Urgency Ordinance. Section 3. This Ordinance is adopted as an urgency ordinance necessary for the immediate preservation of the public health, safety, and welfare within the meaning of section 36937 of the Government Code, and shall take effect immediately based on the following findings: (a) The City Council finds that there is a current and immediate threat to the public health, safety, and welfare of the city and its residents resulting from the absence of a local ordinance that follows state mandates and prohibitions relating to massage establishments and technicians, and that the location of such establishments, and the issuance of permits and other entitlements for such establishments, would result in a threat to the public health, safety, and welfare if the City's massage regulatory ordinances were to be found invalid; and (b) The City Council finds it essential to protect the health, safety, and welfare of the citizens of the City of National City to enact an urgency ordinance consistent with State law, to allow legitimate massage establishments to do business in the City while also protecting the community from illegitimate businesses. Section 4. If any portion of this Ordinance is found to be invalid, it is the intention of the City Council that the remaining valid provisions of the Ordinance be severed from the invalid provisions and remain in full force and effect. Ordinance No. 2019 — Page 3 of 19 January 22, 2019 Amending NCMC 10.70 & 10.79 Police Regulated Businesses and Massage Establishments 337 of 491 Section 5. All protests, if any, against said amendment to the Municipal Code and each of them be and hereby are denied and overruled. Section 6. That Chapter 10.70 of the National City Municipal Code is amended to read as follows: CHAPTER 10.70 POLICE REGULATED BUSINESS REGULATIONS Sections: 10.70.010 Proposed and intent — Permit required. 10.70.020 Definitions. 10.70.030 Applications. 10.70.040 Investigation. 10.70.050 Permit issuance or denial. 10.70.060 Notice of Decision. 10.70.070 Appeal. 10.70.080 Suspension and revocation. 10.70.090 Posting or exhibiting. 10.70.100 Inspection of premises. 10.70.110 Duration, 10.70.120 Transfer of permit. 10.70.130 Transition provisions. 10.70.140 Notice of changes. 10.70.150 Public Nuisance. 10.70.160 Violations and regulatory enforcement. 10.70.170 Severability. 10.70.010 Purpose and intent — Permit required. A. It is the purpose and intent of the city council to establish procedures for permit issuance and regulation of certain businesses and activities as police regulated for the protection of the public health, safety, and welfare. Businesses identified in this Division X (Chapters 10.70 through 10.79) have a higher degree of potential for one or more types of illicit activity - prostitution, disorderly conduct, gambling, fraudulent practices, or the concealment or facilitation of transfers of stolen property. Therefore, regulation of the operations of these establishments is appropriate to protect legitimate business practice and the public health, safety and welfare. B. A business, activity or a performer or technician which is identified in Chapters 10.71 through 10.79 is designated a "regulated business," "regulated activity," "regulated performer" or "regulated technician," as the case may be, and the specific regulations applicable to their conduct are set out in Chapters 10.71 through 10.79. The procedures set out in this Chapter 10.70 shall uniformly govern the administration and appeals process regarding the issuance, denial, suspension, or revocation of any permit required to operate as a regulated business or activity or as a regulated performer or technician pursuant to Chapters 10.71 through 10.79. Ordinance No. 2019 — Page 4 of 19 Amending NCMC 10.70 & 10.79 January 22, 2019 Police Regulated Businesses and Massage Establishment 338 of 491 C. The issuance of a permit pursuant to this chapter does not excuse a regulated business, activity, performer, or technician from complying with any other revenue or regulatory requirement of this code or state law. A separate permit shall be required for each type of activity regulated by Chapters 10.71 through 10.79, unless otherwise provided. The issuance of a certificate or permit under other provisions of this code does not excuse compliance with or create a defense to any violation of the requirements of this chapter or Chapters 10.71 through 10.79, as applicable, or any other provisions of law or ordinance, including conditional use permits required under Title 8. D. It is unlawful for any person to operate a business or activity or perform or practice as a performer or technician regulated by this chapter and Chapters 10.71 through 10.79, as applicable, without a valid permit issued by the chief of police or designee, or to operate, perform or practice while the permit is suspended or revoked. Each day a violation of this section exists constitutes a separate misdemeanor. 10.70.020 Definitions. For purposes of Chapters 10.70 through 10.79, the following definitions shall apply: A. "Person" means and includes a natural person, a partnership, joint venture or a corporation. B. "Operator" means any person who supervises, manages, directs, organizes, controls, or in any other way is responsible for or in charge of the daily operation, conduct or activities of the regulated business or activity. C. "Owner" means any person or entity having an ownership interest in the establishment. D. "Responsible person" means any person who is an owner, operator, or manager, and includes any employee or agent in apparent charge of the premises for which the application is made or required or a permit is issued. B. "Permit" means a permit issued by or under the authority of the chief of police or designee that authorizes activity regulated under Chapters 10.71 through 10.79. F. "Permitee" means an owner to whom a permit issued by or under the authority of the chief of police or designee that authorizes activity regulated under Chapters 10.71 and 10.79. G. "Applicant" means the natural person(s) who complete and sign an application pursuant to this Chapter. 10.70.030 Applications. A. Any person required to obtain a permit pursuant to Chapters 10.71 through 10.79 shall file a written application with the chief of police or designee on a City -approved form, and pay the non-refundable fee set forth in the National City fee schedule, to recoup all investigative costs. The applicant shall provide proof of payment of any regulatory fees imposed by the state of California or county of San Diego contemporaneously with the filing. Written application forms prepared by the chief of police or designee may require the applicant to be photographed, finger printed and to provide, in addition to the information listed below, such other information as is reasonably necessary to carry out the purposes of this chapter. The application form shall be approved as to form by the city attorney. For massage establishments, the application shall be completed and signed by the owner of the proposed massage establishment, if a sole Ordinance No. 2019 — Page 5 of 19 January 22, 2019 Amending NCMC 10.70 & 10.79 Police Regulated Businesses and Massage Establishments 339 of 491 proprietorship; one general partner, if the owner is a partnership; or two officers, if the owner is a corporation. B. An applicant for a permit shall submit the following information: 1. The full name of the business, including the name under which the business will be conducted; 2. The address where the business is to be conducted; 3. The applicant's full, true name, and any other names used; 4. The applicant's date of birth; 5. The applicant's present residential address and telephone number; 6. The previous addresses of the applicant for the three years immediately prior to the date of the application and the dates of residence at each; 7. Applicant's height, weight, color of eyes and hair; 8. Three recent portrait photographs at least two inches by two inches taken within the preceding six months, which accurately depict the current appearance of the applicant; 9. The applicant's driver's license and/or identification card issued by a state or federal governmental agency, or other photographic identification bearing a bona -fide seal of a foreign government; 10. If the owner is a corporation, domestic stock, domestic non-profit, qualified foreign corporation, limited liability company, general partnership, or limited partnership, the application shall include the following: a. A business entity status report issued by the California Secretary of State; b. Organizational documents for the business entity including but not limited to a copy of the Fictitious Name Statement and/or Articles of Incorporation; c. Full name, date of birth, residential address, and business address for each officer and director; d. the name, date of birth, and residence addresses of the responsible employee(s) to be principally in charge of the day-to-day operations of the establishment. e. The full name of the owner, including any DBAs. 11. The tax identification number for the business; 12. The name, address, email address, and telephone number of the real property owner where the business will be operated, and a copy of the lease or rental agreement, if applicable; 13. The business license and permit history of the applicant, including whether the applicant when previously operating in this or another city or state under a license or permit, has had that license or permit suspended or revoked, the reason therefore, and the business activity or occupation subsequent to the suspension or revocation; 14. For massage establishment businesses regulated under Chapter 10.79, a copy of the massage practitioner certificate issued by the California Massage Therapy Council pursuant to Chapter 10.5 of the California Business and Professions Code for each owner who has been issued a certificate, or a statement that such a certificate has not been issued or has been previously revoked or cancelled with information regarding such revocation or cancelation; 15. For massage establishment businesses regulated under Chapter 10.79, a list of all persons who will administer massage, including but not limited to employees and Ordinance No. 2019 — Page 6 of 19 January 22, 2019 Amending NCMC 10.70 & 10.79 Police Regulated Businesses and Massage Establishments 340 of 491 independent contractors. Such list shall include the full true name and any other names used, date of birth, copy of their driver's license or any other photo identification card issued by a State or Federal agency, and a copy of the valid massage practitioner certificate issued by the California Massage Therapy Council pursuant to Chapter 10.5 of the California Business and Professions Code; 16. For massage establishment businesses regulated under Chapter 10.79, ali services must be described on the application for the permit; 17. Business, occupation, or employment history of the applicant for the three years immediately preceding the date of the application; 18. A list, broken down for each applicant, each responsible employee(s) to be principally in charge of the day-to-day operations of the establishment, and all partners if a partnership, or all officers and directors if a corporation, of all criminal convictions, including pleas of nolo contender, within the preceding five years, including those dismissed or expunged pursuant to Penal Code section 1203.4, but excluding minor traffic violations, and the date and place of each such conviction, as well as a full explanation of the circumstances; 19. A complete set of fingerprints taken for each owner if a sole proprietorship, or each natural person, including the owner and operator or person to be principally in charge of the day-to-day operations of the establishment; unless in the case of massage establishment businesses, they hold a valid massage practitioner certificate issued by the California Massage Therapy Council pursuant to Chapter 10.5 of the California Business and Professions Code; 20. A signed statement authorizing the City, through its officers, agents, and employees, to conduct a background check of the applicant, owners(s), and natural persons to be principally in charge of the day-to-day operations to seek information and conduct an investigation into the truthfulness of the statements set forth in the application and to ensure continual compliance with all applicable provisions of the law; 21. A signed acknowledgment that the owner(s) shall be responsible for the conduct of all employees or independent contractors working on the premises of the business and acknowledging that failure to comply with the provisions of this Chapter or any local, state or federal law and, for massage establishment businesses regulated under Chapter 10.79, failure to comply with California Business and Professions Code section 4600 et seq., may result in the suspension, revocation, or denial of the permit; 22. An acknowledgement that the applicant consents to periodic inspection of the regulated premises or activity, and that revocation of the permit may occur for any unjustified refusal to allow the same; 23. An acknowledgement that the applicant has received a copy of Chapter 10.70 and any applicable chapter from Chapters 10.71 through 10.79 which regulate the business or activity of the applicant; and 24. A signed statement by the applicant certifying under penalty of perjury that all information in the application is true and correct, and acknowledging that failure to be truthful may result in denial of the application. 10.70.040 Investigation. The chief of police or designee, upon receipt of a written application for a permit and payment of the necessary fees shall promptly conduct an appropriate investigation to determine whether a permit should be issued in accordance with the Ordinance No. 2019 — Page 7 of 19 January 22, 2019 Amending NCMC 10.70 & 10.79 Police Regulated Businesses and Massage Establishments 341 of 491 provisions of this chapter. The chief of police or designee shall consider any relevant factual material relating to such application. 10.70.050 Permit issuance or denial. A. Issuance. The chief of police or designee may deny a permit application, based upon investigation and substantial evidence, if he or she finds one or more of any of the following: 1. That the operation or the premises of the activity, as proposed by the applicant, would violate any applicable laws, including but not limited to the city's fire, building, zoning and health regulations; or 2. That the applicant, any other person who will be directly engaged in the management and operation of the regulated business or activity, or an applicant who is to participate or perform services as a regulated technician or performer: a. Has been convicted in any court of competent jurisdiction by a final judgment of any misdemeanor or felony, within the five years preceding the date of application, which rationally and reasonably relates to the conduct of the regulated activity; or b. Has allowed acts to occur in any business operations for the preceding five years which would violate those sections of the Penal Code listed in Section 10.70.050A.2.d, or any provision of this Chapter or Chapter 10.79, irrespective of a conviction or acquittal; or c. Has had a permit to operate a business that is or would be regulated pursuant to Chapters 10.70 through 10.79 suspended or revoked in any jurisdiction, within the preceding five years; or d. Within the five years immediately preceding the date of the filing of the application, has been convicted in a court of competent jurisdiction of any of the following offenses: (1) Code Section 290; or An offense that requires registration under California Penal (2) An offense which is a violation of Sections 311 through 311.7, 313.1, 314, 315, 316, 318 or 647(a), 647(b), 647(d), 647(h), 653.22, 653.23 or 290 of the California Penal Code; or (3) An offense that is a reduction from any offense listed in Section 10.70.050A.2.d. (1) or (2) to some other offense under the Penal Code which would not require registration, pursuant to a plea of guilty negotiated prior to trial; or (4) Any misdemeanor or felony involving theft of property; or 3. That the applicant has made any false, misleading or fraudulent material statement of fact in the permit application, or any other related document required by the city in connection with the application; or 4. The applicant has not complied with the provisions of this Chapter and Chapter 10.79; or 5. For establishments regulated by Chapter 10.79, the applicant proposes to locate the massage establishment in the same building as a massage establishment that has surrendered its permit or had its permit revoked within 5 years of the application date because a person engaged in any criminal conduct and/or violation of this Chapter or Chapter 10.79 while on the premises of the former massage establishment; or Ordinance No. 2019 — Page 8 of 19 January 22, 2019 Amending NCMC 10.70 & 10.79 Police Regulated Businesses and Massage Establishment 342 of 491 6. That the application is incomplete and the required information or documents were not submitted within 20 days of a request for the information or documents. B. Timeliness and Conditional Issuance of Permit. Upon receipt of a properly completed application, the chief of police or designee shall either approve or deny the application within thirty days. Failure to take action on a permit application within thirty days shall not result in an automatic approval. If the chief of police or designee is awaiting investigation results from another governmental agency within those thirty days, the chief of police or designee shall issue a revocable conditional permit on the thirtieth day if a local records check fails to disclose any disqualifying information and the operation would otherwise be in compliance with all other applicable laws and regulations; except that a revocable conditional permit shall not be issued to an escort or massage technician or operator until it affirmatively appears that there is no disqualifying information, in order to avoid the potential for physical harm to a potential patron pending final action. Any revocable conditional permit shall be revoked if further investigation discloses the existence of a disqualifying factor under this Section 10.70.050. C. An applicant whose application is denied based on subsection (A)(1) through (A)(5) of this section is not eligible to reapply for five years after notice of denial. An applicant whose application is denied for failure to comply with subsection (A)(6) is not eligible to reapply for 180 days after notice of denial. D. Permits must be exercised within one year of issuance or shall be deemed abandoned. E. A permit is deemed abandoned if the establishment which has exercised its permit ceases operations covered by the permit for 180 days. F. A permit issued pursuant to this Chapter shall not be operative until and unless all other required local, state, or federal licenses and permits have been obtained. 10.70.060 Notice of decision. Upon taking final action to issue or deny a permit application, or to suspend or revoke a permit under Section 10.70.080, the chief of police or designee shall give written notice of decision and the reasons to the applicant and to any other person requesting such notice. The notice of decision shall inform the applicant or permittee of the right to appeal under Section 10.70.070 and the time limits prescribed for such review. The chief of police or designee shall file a proof of service with the city clerk establishing the method and date of service. The issuance of the notice of decision shall begin the running of any period of limitation for city council or judicial review under Section 10.70.070 as follows: A. Three calendar days after mailing a notice of decision to the address shown on the application by both first class mail, postage prepaid with return address clearly marked, and by certified mail, return receipt requested. Receipt of either by the addressee shall constitute service of notice. Actual receipt, however, shall not be a pre -requisite to the running of any period of limitation. B. Immediately upon personal service or personal delivery of the notice of decision to the applicant. 10.70.070 Appeal. A. Any applicant or permittee aggrieved by the decision of the chief of police or designee regarding the issuance, conditional issuance, suspension, revocation or denial of a permit, shall have a right to appeal to the city council. Ordinance No. 2019 — Page 9 of 19 January 22, 2019 Amending NCMC 10.70 & 10.79 Police Regulated Businesses and Massage Establishments 343 of 491 B. An appeal to the city council must be perfected within fifteen calendar days after the service of a notice of decision by filing a letter of appeal with the city clerk stating the basis for the appeal. An applicant or permittee filing an appeal shall pay a nonrefundable fee to the finance department at the time the appeal is filed. The amount of such fee shall be as determined from time to time by resolution of the city council. Upon receipt of the letter of appeal and proof of payment of the appeal fee, the city clerk shall set the matter for consideration by the city council at a regularly scheduled meeting as soon as reasonably practicable. The city clerk shall give the appealing party, and any other person requesting the same, at least five calendar days written notice of the time and place of such hearing. C. At the time and place set for the hearing, the city council shall give the appealing party and any other interested party a reasonable opportunity to be heard and show cause why the determination of the chief of police or designee should not be upheld. After the chief of police or designee has presented the statement of facts upon which the determination was made, the burden to show that the action taken by the chief of police or designee was not based on substantial evidence, or was arbitrary, capricious, or unjustified shall be upon the appealing party. The determination of the city council shall be final and conclusive and shall constitute the exhaustion of administrative remedy. The written determination of the city council shall be served upon the appealing party by the city clerk. Service shall conform to Section 10.70.060, and shall govern the commencement of any period of limitation for judicial review under Code of Civil Procedure Sections 1094.6 or 1094.8, whichever is applicable. 10.70.080 Suspension and revocation. A. The chief of police or designee may suspend or revoke any permit issued under the provisions of this chapter if he or she finds that: 1. The operation conducted by the permittee violates or has violated any applicable laws, including but not limited to the city's building, zoning and health regulations and Chapters 10.70 through 10.79, as applicable; 2. The permittee, including a regulated performer or technician, or any other person who is directly engaged in the management and operation of the regulated business has, while the permit is in effect: a. Allowed, committed or been convicted of an act that constitutes a violation of law which rationally and reasonably relates to the conduct of the regulated activity, b. Allowed or committed acts listed in Section 10.70.050(A)(2) to occur at a regulated business, irrespective of adjudication, conviction or acquittal, or c. Allowed a regulated performer or technician with a contagious or communicable disease to perform services under the auspices of the permittee; or 3. The applicant or permittee had knowingly made a false, misleading, or fraudulent material statement of fact in the permit application or any other document required in connection with the application. B. The chief of police or designee shall serve the permittee with a written order stating the reasons for the suspension or revocation. The order may be for a limited period, not to exceed ninety (90) days, or for permanent revocation. The order shall advise the permittee of appeal rights under Section 10.70.070. The chief of police or designee may issue the order without regard to the status of prosecution or finality of a conviction affecting a permittee, so long as the chief of police or designee has determined that sufficient facts exist to justify the suspension. The order shall be effective immediately if personally served, or three (3) calendar Ordinance No. 2019 -- Page 10 of 19 January 22, 2019 Amending NCMC 10.70 & 10.79 Police Regulated Businesses and Massage Establishments 344 of 491 days after it has been deposited in the course of regular transmission in the United States Postal Service. C. Except as provided under Section 10.70.080(D), immediately upon the order becoming effective, the permittee shall cease all operations under the permit and shall surrender the permit to the chief of police or designee. D. In lieu of issuing an order of suspension or revocation, the chief of police or designee may impose conditions of probation for a specified duration not to exceed one year, during which period the permittee shall be subject to the order of suspension or revocation if the chief of police or designee determines those conditions have been violated. If the permittee accepts the order of probation, no appeal shall be allowed under Section 10.70.070. If, however, the permittee objects to the terms of probation, probation shall not be allowed, the order of suspension or revocation shall take effect, and appeal rights of the permittee under Section 10.70.070 shall then be applicable. E. Only when an appeal is taken to the city council shall the order of suspension or revocation be stayed pending determination by the city council in the manner set forth in Section 10.70.070 of this chapter. The determination of the city council will be final and conclusive and constitute the exhaustion of administrative remedies. A written notice of decision of City Council shall be served on the permittee in accordance with Section 10.70.060, and service shall begin the period of limitation for judicial review under Code of Civil Procedure Sections 1094.6 or 1094.8, whichever is applicable. F. Police permits issued for an establishment to conduct business regulated under Chapters 10.71 through 10.79 are separate from and independent of any conditional use permit that is required or issued under the provisions of Title 18 of this code. Revocation or suspension of a police permit shall not operate to revoke or suspend a conditional use permit, notwithstanding that the same or similar terms and conditions may be applicable to both permits. Revocation or suspension of a police permit affects only the authority of the establishment to provide or allow a particular form of entertainment or activity at the premises for which the police permit is issued. The establishment may continue to conduct all other business for which it is licensed or allowed by law to conduct, unless separate action is taken to abate the establishment as a public nuisance or to revoke or suspend any other issued permit, including a conditional use permit. 10.70.090 Posting or exhibiting. A. Permits issued to an operator shall be posted in plain view at the main entrance to the premises where the business or activity for which the permit is issued is conducted, and shall remain posted while the permit is in force. B. Permits issued to a regulated performer or technician shall be carried on their person, except that the permit of a regulated performer or technician may instead be posted on the regulated premises together with the permit issued for the regulated business or activity. C. It is unlawful and a misdemeanor for any person subject to this chapter or Chapters 10.71 through 10.79 to fail to post or carry an issued permit as required by this section, or to fail to exhibit an issued permit upon demand of the chief of police or designee. 10.70.100 Inspection of premises. A. Issuance of a police permit is conditional upon the premises regulated under Chapter 10.71 through 10.79 being available for reasonable inspection by the police Ordinance No. 2019 -- Page 11 of 19 January 22, 2019 Amending NCMC 10.70 & 10.79 Police Regulated Businesses and Massage Establishments 345 of 491 department, the fire department, the health officer, or city code compliance officials following approval of the application and during the operating hours of the regulated business or activity. Refusal to allow reasonable inspection during operating hours upon demand of an authorized official is grounds for the suspension or revocation of an issued permit, or the denial of an application for a permit. No application shall be granted if the premises do not meet applicable requirements of law or ordinance. B. If necessary or appropriate, the official may obtain an inspection warrant after inspection has been denied. Inspection pursuant to an issued inspection warrant does not mitigate or exonerate the suspension or revocation of the permit. C. The county health officer is authorized to charge inspection fees established within the applicable fee schedule of the county of San Diego or the National City fee schedule. 10.70.010 Duration. Unless provided otherwise in Chapters 10.71 through 10.79, permits issued pursuant to this chapter remain valid until revoked, surrendered, or abandoned. 10.70.120 Transfer of permit. It is unlawful to transfer a permit from one person to another. It is unlawful to use a permit at another location except with the written approval of the chief of police or designee. An application for transfer of permit to another location shall be in writing and accompanied by a processing fee established in the National City fee schedule. The application for transfer shall contain the same information required for an initial application for a permit. Any transfer of a permit in violation of this Section 10.70.120 is void and shall confer no rights upon the transferee nor create any obligation upon the city to honor the transfer or to afford notification or appeal rights under Sections 10.70.060 or 10.70.070 to either the transferor or the transferee. 10.70.130 Transition provisions. A. A business lawfully conducting business in the city as of the effective date of this Chapter 10.70 that is to be regulated by Chapters 10.71 through 10.79 will be issued an appropriate police permit by the chief of police or designee without further payment of fees, provided the business or activity was otherwise in compliance with the regulatory and fiscal provisions of the municipal code in effect immediately prior to the enactment of this ordinance. Permits issued pursuant to this Section 10.70.130(A) shall thereafter be fully subject to the provisions of Chapter 10.70 and Chapters 10.71 through 10.79, as applicable, regarding administration, operation and licensing. B. An existing business that does not meet the compliance standards for permit issuance under Section 10.70.130(A), and all new businesses commencing operations shall comply with Chapter 10.70 and Chapters 10.71 through 10.79, as applicable. 10.70.140 Notice of changes. A. Permittees of establishments governed by Chapter 10.79 shall only allow persons certified by the California Massage Therapy Council to provide massages at, or in association with the establishment, and shall immediately notify the chief of police or designee, in writing, of any change to the list provided pursuant to section 10.70.030(B)(14). 10.70.150 Public nuisance. Each regulated business or any business that is required to be regulated that operates in violation of Chapter 10.70 through 10.79, as may be applicable, is a public nuisance and may be enjoined civilly or administratively. In addition, and Ordinance No. 2019 — Page 12 of 19 January 22, 2019 Amending NCMC 10.70 & 10.79 Police Regulated Businesses and Massage Establishment 346 of 491 to the extent not expressly provided elsewhere in this code, it is unlawful and a misdemeanor to maintain a public nuisance. 10.70.160 Violations and regulatory enforcement. Violation of any of the mandatory requirements or prohibitions contained in Chapters 10.70 through 10.79 are misdemeanors and constitute grounds for suspension or revocation of an issued permit, except that any requirement or prohibition designated as "regulatory only" will be treated only as grounds for suspension or revocation of an issued permit, and criminal prosecution may not occur for that violation. 10.70.170 Severability. The city council declares that the invalidity of any section or portion of Chapters 10.70 through 10.79 shall not affect the validity of any other remaining section or portion; that the council would have adopted each of those remaining portions, notwithstanding any later declared invalidity. Any provision determined invalid under the preceding sentence may either be severed or, if it can be judicially interpreted in a way that could harmonize it with the remaining provisions, then it may be so judicially interpreted and, as interpreted, be applied so as to give full purpose, meaning, and effect to the remaining provisions. Section 8. That Chapter 10.79 of the National City Municipal Code is amended to read as follows: CHAPTER 10.79 MASSAGE ESTABLISHMENTS Sections: 10.70.010 Title and administration. 10.70.020 Purpose and intent. 10.70.030 Definitions. 10.70.040 Massage operator permit required. 10.70.050 Massage technician's certification required. 10.70.060 Minimum facilities required. 10.70.070 Massage establishment operating requirements. 10.70.080 Massage establishment — Prohibited conduct. 10.70.090 Off -premises massage — Prohibited. 10.70.100 Existing businesses — Regulated. 10.70.110 Exemptions. 10.70.120 Inspection by officials. 10.70.130 Unlawful massage establishment or operation. 10.79.010 Title and administration. This chapter may be referred to as the National City massage establishment ordinance. Issuance and administration of permits is governed by Chapter 10.70. Ordinance No. 2019 — Page 13 of 19 January 22, 2019 Amending NCMC 10.70 & 10.79 Police Regulated Businesses and Massage Establishments 347 of 491 10.79.020 Purpose and intent. It is the purpose and intent of this chapter to provide for the orderly regulation of a massage establishment business in the city in order to protect the public health, safety, and welfare by promulgating minimum standards for the establishment and operation of those businesses and to prevent the facilitation of prostitution. 10.79.030 Definitions. Whenever in this chapter the following words or phrases are used, they shall mean as follows: A. California Massage Therapy Council (CAMTC) means the state organized non- profit organization created to regulate the massage industry set forth in Chapter 10.5 of Division 2 of the California Business and Professions Code, commencing with section 4600. B. CAMTC certificate means a current and valid certificate issued by the California Massage Therapy Council to a massage technician. C. "Massage" means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances or with or without such supplementary aids as rubbing alcohol, liniments, antiseptic, oils, powder, creams, lotions, ointments, or other preparations commonly used in this practice. D. "Massage establishment" means an establishment where massage is administered. B. "Massage practitioner," "massage technician," or "technician" means any person, including a holistic health practitioner as defined in Subsection H, who gives or administers to another person of the same or opposite gender, for any form of consideration, a "massage" as defined in this chapter. F. "Massage establishment operator" or "operator" means any person, including a holistic health practitioner as defined in Subsection H, who operates an establishment to give or administer to another person of the same or opposite gender, for any form of consideration, a "massage" as defined in this chapter. This includes any person who supervises, manages, directs, organizes, controls, or in any other way is responsible for or in charge of the daily operation, conduct, or activities of a massage establishment. G. "Massage Practitioner Certification" means a certification issued by the California Massage Therapy Council pursuant to Chapter 10.5 of the California Business and Professions Code. H. "Permit" under this Chapter means an annual permit to operate a massage establishment as required by this code. The term "specified anatomical areas" means any of the following areas of the human body: pubic region, human genitals, perineum, anal region, and the areas of the female breasts that include the areola and the nipple. J. "Holistic health practitioner" means a non -medical or other health care therapist who uses acupressure (excluding "acupuncture") or a massage specialty and therapeutic approach in caring for clients, and who is not licensed by the state of California. 10.79.040 Massage operator permit required. A. It is unlawful for any person to operate a massage establishment in or upon any premises within the city without the permit required by this chapter and Chapter 10.70, except as exempted by Section 10.79.170. Ordinance No. 2019 — Page 14 of 19 January 22, 2019 Amending NCMC 10.70 & 10.79 Police Regulated Businesses and Massage Establishments 348 of 491 B. A massage establishment police regulated permit required by this chapter and Chapter 10.70 shall be valid for one (1) year, coinciding with the city business license effective and expiration dates. Permit renewal shall be made by the applicant within thirty (30) days prior to the expiration of the permit. If an application for renewal of a permit and all required information is not timely received and the permit expires, no right or privilege to continue the massage establishment governed by Chapter 10.79 shall exist. C. It is unlawful for the operator, owner, or other responsible person, of a massage establishment to employ or otherwise allow a person to perform massage who does not have a valid massage practitioner certification issued by the California Massage Therapy Council pursuant to Chapter 10.5 of the California Business and Professions Code or CAMTC certificate. C. The owner or operator of a massage establishment shall submit a revised list with the information specified in Section 10.70.030.B.15 to the Police Department within five (5) business days upon any change to the list. 10.79.050 Massage technician's certification required. A. It is unlawful for any person to perform services as a massage technician without a valid massage practitioner certification issued by the California Massage Therapy Council pursuant to Chapter 10.5 of the California Business and Professions Code. B. A massage practitioner certification does not authorize the operation of a massage establishment. Any person or massage technician who desires to operate a massage establishment must apply separately to the City for a permit and a business license. 10.79.060 Minimum facilities required. No permit to conduct a massage establishment shall be granted unless an inspection by the chief of police or designee and the county health officer and the fire and building officials demonstrates that the proposed establishment does or will comply with each of the following minimum requirements: A. A recognizable and legible sign is posted at the main entrance identifying the premises as a massage establishment; B. Minimum lighting of at least forty watts is provided in accordance with the building code of the city; C. Minimum ventilation is provided in accordance with the building code of the city; D. Equipment approved by the health department for disinfecting and sterilizing instruments used in performing acts of massage is provided; E. Hot and cold running water is provided at all times; F. Closed cabinets are provided, which cabinets shall be utilized for the storage of clean linen; G. Adequate dressing, locker, and toilet facilities are provided for patrons. A minimum of one dressing room containing a separate locker for each person to be served, which locker shall be capable of being locked, and a minimum of one toilet and one wash basin shall be provided by every massage establishment; H. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. Wooden surfaces must be painted with a washable, mold resistant paint. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments Ordinance No. 2019 -- Page 15 of 19 January 22, 2019 Amending NCMC 10.70 & 10,79 Police Regulated Businesses and Massage Establishments 349 of 491 and toilet rooms must be thoroughly cleaned and disinfected each day the business is in operation with a disinfectant approved by the health department. Bathtubs must be thoroughly cleaned and disinfected after each use with a disinfectant approved by the health department, and; A minimum of one separate wash basin is provided in each massage establishment for the use of employees of any such establishment, which basin shall provide soap or detergent and hot and cold running water at all times, and is located within or as close as practicable to the area devoted to the performing of massage services. In addition, there must be provided at each washbasin sanitary towels placed in permanently installed dispensers. 10.79.070 Massage establishment operating requirements. No person, association, partnership, or corporation may engage in, conduct or carry on, or permit to be engaged in, conducted or carried on the operation of a massage establishment unless each and all of the following requirements are met: A. Massage operations may only be carried on, and the premises may only be open, between the hours of 10:00 a.m. and 10:00 p.m. B. A list of services available and the cost of such services shall be posted in an open and conspicuous public place on the premises. The service shall be described in readily understandable language in English and may also then be described in any other language. No owner, operator, responsible managing employee, manager, permittee, or licensee in charge of or in control of the massage establishment shall permit and no massage technician shall offer or perform, any service other than those posted. C. The massage establishment business tax license, massage establishment permit, and a copy of the permit of each and every massage technician employed by or working in the establishment must be displayed in an open and conspicuous public place on the premises. D. Hot and cold running water under pressure shall be provided to all washbasins, bathtubs, showers, and similar equipment. Each washbasin shall be provided with soap or detergent and sanitary towels placed in permanently installed dispensers. A trash receptacle shall be provided in each toilet room. E. Clean and sanitary towels, sheets and linens shall be provided for each patron receiving massage services. No common use of towels or linens shall be permitted, and reuse is prohibited unless they have been first laundered. Heavy white paper may be substituted for sheets, provided that such paper is used once for each person and then discarded into a sanitary receptacle. F. Disinfecting agents and sterilizing equipment shall be available for any instruments used in performing any massage. Instruments will be disinfected or sterilized after each use. G. Pads used on massage tables shall be covered in a workmanlike manner with durable, washable plastic or other waterproof material. H. Each establishment shall provide to all patrons clean, sanitary, and opaque coverings capable of covering the patron's specified anatomical areas. Such coverings shall be used for one customer only and shall not be reused without first being cleaned. 1. No owner, operator, responsible managing employee, manager, or permittee in charge of or in control of a massage establishment shall permit a massage to be given unless Ordinance No. 2019 — Page 16 of 19 Amending NCMC 10.70 & 10.79 January 22, 2019 Police Regulated Businesses and Massage Establishments 350 of 491 the patron's specified anatomical areas are covered during the entire massage by the covering referred to in subsection (H). J. With the exception of bathrooms or dressing rooms not open to public view, no person or persons shall be permitted in any area within the massage establishment which is used in common by the patrons or which can be viewed by patrons from such an area, unless the specified anatomical areas of all persons within that area are fully covered. K. It is unlawful for an owner, operator, responsible managing employee, manager, permittee in charge of or in control of a massage establishment to permit any massage technician to perform any service or task while in the presence of a patron or to be on the premises of a massage establishment during its hours of operation unless the massage technician is dressed in a manner that does not violate paragraph (10) of subdivision (a) of Section 4609 of the California Business and Professions Code. L. Any person performing services as a massage technician must wear a visible CAMTC identification card and have a copy of their driver's license or any other photo identification card issued by a State or Federal agency readily available for inspection by City or County investigating officials. M. An operator or owner must be on the business premises at all times during hours of operation of the business. N. For each massage service provided, every massage establishment shall keep a complete and legible written record of the following information: the date and hour that service was provided; the service received; the name or initials of the employee entering the information; and the name of the massage practitioner administering the service. Such records shall be open to inspection and copying by the police officers, or may be used by any massage practitioner or operator as records or service provided but may not be provided to other parties by the massage practitioner or operator unless otherwise required by law. Such records shall be retained on the premises of the massage establishment for a period of two (2) years and be immediately available for inspection during business hours. O. No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises. P. All signs shall be in accordance with the current ordinances of the City of National City. 10.79.080 Massage establishment — Prohibited conduct. In addition to the conductlactivities, items, and/or substances prohibited by Federal and State laws, the following conduct is prohibited at Massage Establishments: A. The sale, service, or consumption of alcohol or marijuana; and B. Audio and/or video recording of, or monitoring of, the patron, the massage therapist, or the massage therapy, without the prior written consent of the patron; and C. Residing in or at the massage establishment by any person including but not limited to the operator, owner, responsible person, or employee of the massage establishment; and D. Advertising or marketing illegal activity, advertising or marketing sexual content related to massage therapy, or advertising or marketing sexual content in the promotion of the massage establishment; and Ordinance No. 2019 -- Page 17 of 19 January 22, 2019 Amending NCMC 10.70 & 10.79 Police Regulated Businesses and Massage Establishments 351 of 491 E. Use or possession of adult -oriented merchandise, including "sex toys" andfor condoms, in any part of a massage establishment; and F. Any sexual activity at a massage establishment; and G. No owner, operator, responsible managing employee, manager, permittee, or licensee in charge of or in control of a massage establishment shall permit any person to massage or intentionally touch the specified anatomical areas of another person while performing the services of a massage technician. 10.79.090 Off -premises massage — Prohibited. It is unlawful for any person to engage in, conduct, carry on, or permit to be engaged in, conducted or carried on, massage, for any form of consideration, in any hotel room, motel room, guesthouse or other place of public accommodation. This section shall not be construed to prohibit: A. Maintaining a licensed massage establishment upon the premises of a place of public accommodation; or B. The holder of a massage practitioner certification issued by the California Massage Therapy Council pursuant to Chapter 10.5 of the California Business and Professions Code from giving or administering massages within hospitals, convalescent centers, rest homes, offices, or the private home of a patron. For the purposes of this section, offices and private homes shall not include hotel rooms, motel rooms, or guest houses. 10.79.100 Existing businesses —Regulated. The provisions of this chapter shall be applicable to all persons and businesses described in this chapter whether the described activities in the chapter were established before or after the effective date of this chapter. Any existing massage technician who performs massage and any massage establishment that employs or utilizes persons to perform massage within the jurisdiction of the City, that operates with a valid and current business license issued by the City and all other necessary approvals issued prior to the effective date of any amended regulations in this Chapter or Chapter 10.70, and that operates in compliance with all local, State and Federal laws, ordinances, rules and regulations, must be in full compliance with Chapters 10.70 and 10.79 no later than 60 days following the effective date of any new regulations. 10.79.110 Exemptions. This chapter shall not apply to: A. Physicians, surgeons, chiropractors, osteopaths, psychiatrists, psychologists, acupuncturists, physical therapists, family counselors or other health care professionals who are licensed to practice their respective professions by the state of California or who are permitted to practice temporarily under the auspices of an associate or establishment duly licensed by the state of California, pursuant to the Business and Professions Code; B. Nurses and other health care professionals who are registered or licensed under the laws of this state and administer a massage in the normal course of professional health care duties; C. A trainer of any duly constituted athletic team or athlete who administers massage in the normal course of training duties to the team or athlete; D. Barbers, cosmetologists, and estheticians duly licensed under the laws of the state who administer a massage incidental to a barber or beauty service provided in the normal performance of their profession. This exemption shall apply only if massage is provided from a fixed and permanent location of business; Ordinance No. 2019 — Page 18 of 19 January 22, 2019 Amending NCMC 10.70 & 10.79 Police Regulated Businesses and Massage Establishments 352 of 491 E. Therapeutic massage administered in or under the auspices of any health facility, hospital or other establishment licensed under California statutes in which the above -described persons practice their respective professions, provided the massages are given only by exempt individuals or persons acting under their supervision; F. Any bona fide athletic club which offers tennis, racquetball, swimming or other sport activities and possesses a sauna or steam room. Massage shall only be administered to members of the athletic club by persons who are exempt under this section. 10.79.120 Inspection by officials. The city, county, or any investigating official shall have the right to enter the premises of the Massage Establishment from time to time during regular business hours to conduct reasonable inspections to enforce compliance with this Chapter, Chapter 10.70, and with building, fire, electrical, plumbing, and/or State and local health and safety regulations. No person shall refuse to permit or interfere with a lawful inspection of the Massage Establishment by City or County investigating officials. 10.79.130 Unlawful massage establishment or operation. Any Massage Establishment operated, conducted or maintained contrary to the provisions of this Chapter, Chapter 10.70 and/or State and Federal laws shall be and the same is hereby declared to be unlawful and a public nuisance. The City Attorney may, in addition to, or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal, or enjoinment thereof, in any manner provided by law, including as provided in Chapter 10.70. PASSED and ADOPTED this 22nd day of January, 2019. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Ordinance No. 2019 — Page 19 of 19 January 22, 2019 Alejandra Sotelo-Solis, Mayor Amending NCMC 10.70 & 10.79 Police Regulated Businesses and Massage Establishments 353 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 354 The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption of an Urgency Ordinance of the City Council of the City of National City adopted pursuant to Government Code Sections 6931 and 36937 as an Urgency Measure to take effect immediately, amending National City Municipal Code Sections 18.30.030 (Adult Oriented Businesses) and 18.50.010 (Glossary) of Title 18 (Zoning) related to Massage Establishments and Adding Section 18.30.370 to Title 18 related to Massage Establishments. (City Attorney) Please scroll down to view the backup material. 354 of 491 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 22, 2019 AGENDA ITEM NO. ITEM TITLE: Public Hearing and Adoption of an Urgency Ordinance of the City Council of the City of National City adopted pursuant to Government Code Sections 36931 and 36937 as an Urgency Measure to take effect immediately, amending National City Municipal Code Sections 18.30.030 (Adult Oriented Businesses) and 18.50.010 (Glossary) of Title 18 (Zoning) related to Massage Establishments, and Adding Section 18.30.370 to Title 18 related to Massage Establishments. PREPARED BY: Nicole Pedone PHONE: 336-4221 DEPARTMENT: City Atto.ney APPROVED BY' EXPLANATION: 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 moratorium was extended for 10 months and 15 days, then for an additional year, and is scheduled to expire on February 7, 2019,The moratorium was enacted due to the need for the City to revise its regulations and procedures pertaining to massage technician permits and massage establishments. City staff has amended National City Municipal Code Chapters 10.70 and 10.79 of Title 10 (Public Peace, Morals and Safety) and made changes to Title 18 related to massage establishments to align with current State law, allow legitimate massage establishments to do business in the City, and also protect the community from illegitimate businesses. Staff is recommending that this Ordinance be adopted as an urgency ordinance so that it may go into effect immediately to preserve the public health, safety, and welfare. If this Ordinance is not enacted immediately, the moratorium will expire and massage establishments will continue to be processed under a standard, which does not provide sufficient protection to the public and parts of the current Municipal Code will be unenforceable. Adoption of an urgency ordinance requires a 4/5 vote, in this case, a unanimous vote by Council. Planning Commission heard this item on January 7, 2019 and recommended the changes. See staff report and related items for additional information. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Conduct public hearing and adopt proposed Urgency Ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff Report Notice of Public Hearing Memorandum to City Council dated March 7, 2017 Planning Commission Resolution No. 2019-01 Proposed Ordinance 355 of 491 STAFF REPORT TO: Mayor and City Council DATE: January 22, 2019 FROM: Nicole Pedone, Assistant City Attorney SUBJECT: Adoption of an Urgency Ordinance of the City Council of the City of National City amending Title 18 (Zoning) related to Massage Establishments. SUMMARY 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 moratorium was extended for 10 months and 15 days, then for an additional year, and is scheduled to expire on February 7, 2019. The moratorium was enacted due to the need for the City to revise its regulations and procedures pertaining to massage technician permits and massage establishments. There are certain provisions of the Municipal Code applicable to the regulation of massage technicians and massage establishments that are clearly inconsistent with the binding mandates and prohibitions of state law in this field of regulation. A valid ordinance regulating massage technicians and massage establishments is necessary to protect the public health, safety, and welfare, in that such an ordinance will ensure that legitimate businesses of massage are operated in a clean and sanitary manner, and that problems with lewd conduct and prostitution do not arise with businesses that are not legitimate. City staff has amended National City Municipal Code Chapters 10.70 and 10.79 of Title 10 and made changes to Title 18 related to massage establishments to align with current State law, allow legitimate massage establishments to do business in the City, and also protect the community from illegitimate businesses. Staff is recommending that this Ordinance be adopted as an urgency ordinance so that it may go into effect immediately to preserve the public health, safety, and welfare. If this Ordinance is not enacted immediately, the moratorium will expire, and massage establishments will continue to be processed under a standard which does not provide sufficient protection to the public and parts of the current municipal code will be unenforceable. Adoption of an urgency ordinance requires a 4/5 vote, in this case, a unanimous vote by Council. 356 of 491 RECOMMENDATION Make a motion to adopt the findings of urgency and adopt an Urgency Ordinance pursuant to Government Code Sections 36931 and 36937 to take effect immediately, amending National City Municipal Code Sections 18.30.030 (Adult Oriented Businesses) and 18.50.010 (Glossary) of Title 18 (Zoning) related to Massage Establishments and Adding Section 18.30.370 to Title 18 related to Massage Establishments. CURRENT NATIONAL CITY MASSAGE ESTABLISHMENT REGULATIONS The permitting, regulation, and zoning provisions pertaining to massage technicians and massage establishments in the City are currently found in Chapters 10.70, 10.79, and 18.30 of the Municipal Code. Chapter 18.30, titled "Specific Use Regulations," and more specifically, Section 18.30.030, titled "Adult -oriented businesses," are found in Title 18, which contains the zoning and land use regulations of the Municipal Code. Section 18.30.010 states the purpose of Chapter 18.30 is to provide standards for certain land uses and activities that require special standards to mitigate their potential adverse impacts. "Massage parlors" are included as "adult -oriented businesses" within the scope of the regulations set forth in Section 18.30.030. That section provides that all adult -oriented businesses, including massage parlors, are prohibited from being established or operated within 1,500 feet of another adult -oriented business, within 1,500 feet of any school or park within the City, or within 1,000 feet of any residentially -zoned property. The section further provides that massage parlors are permitted only upon issuance of a conditional use permit (CUP). STATE LAW AUTHORIZING CITY REGULATION OF MASSAGE ESTABLISHMENTS The City derives its authority to regulate massage establishments from Article XI, Section 7 of the California Constitution, as well as from statutes enacted by the State Legislature, including Section 4600 et seq. of the California Business & Professions Code, and Section 51030 et seq. of the California Government Code. Section 4600 et seq. of the Business & Professions Code is commonly known as the Massage Therapy Act (the "Act"). Section 4600.5 of the Act states that it is the intent of the State Legislature that broad control over land use in regulating massage establishments be vested in local governments, and that the requirements and practice of the profession of massage therapy remain a matter of statewide concern. Section 4602 creates the California Massage Therapy Council (CAMTC), which is authorized to exercise extensive control over the licensing and regulation of individuals engaged in the practice of massage. Section 4603.1 states that local governments shall impose and enforce only "reasonable and necessary" fees and regulations on massage businesses and massage establishments. Section 4612 provides that a city shall not enact or enforce an ordinance that conflicts with the Act, or with Section 51034 of the Government Code. Staff Report January 22, 2019 Page 2 of 5 Amending NCMC Title 18 Massage Establishments 357 of 491 The Massage Therapy Act was enacted as urgency legislation by the State Legislature in January, 2009, to take effect immediately. Certain provisions of the Act were amended in 2014 and 2016, certain of which amendments were inconsistent with the original version of the Act, and the latest of which amendments was effective January 1, 2017. In addition to the Massage Therapy Act, city control over massage businesses is governed by Section 51030 et seq. of the Government Code. While Section 51030 provides that the legislative body of a city may enact an ordinance which provides for the licensing of the business of massage, Section 51034 sets forth 11 specific types of conduct which a city cannot engage in when regulating massage businesses. These provisions create inconsistencies with certain current provisions of the Municipal Code, including the following: • Section 51034(c)(2) prohibits a city from defining a massage establishment as an "adult business;" Section 18.30.030(B)(14) of the Municipal Code includes "massage parlor" within the definition of "adult -oriented business," and imposes special regulations on such adult -oriented businesses. • Section 51034(c)(4) prohibits a city from requiring a massage establishment to have a shower or a bath; Section 10.79.070(G) of the Municipal Code requires massage establishments to have a minimum of one tub or shower. • Section 51034(c)(8) prohibits a city from imposing a requirement that a person certified under the Massage Therapy Act undergo a criminal background check or submit fingerprints to obtain a massage permit or license; Section 10.70.030(A) of the Municipal Code provides that the Chief of Police may require a person applying for a permit to practice massage or operate a massage establishment to be fingerprinted; Section 10.70.030(B) provides that an applicant shall submit information regarding arrests; and Section 10.79.060 sets forth additional requirements such as a certificate from a medical doctor and that a massage technician shall furnish fingerprints. • Section 51034(c)(10) prohibits a city from imposing a dress code requirement on a person certified pursuant to the Act in excess of those already imposed by the Act; Section 10.79.080(K) of the Municipal Code requires massage technicians to be fully covered from a point not to exceed four inches above the center of the kneecap to the base of the neck, a stricter dress requirement than that set forth in the Act. HIGHLIGHT OF PROPOSED CHANGES TO NATIONAL CITY MUNICIPAL CODE TITLE 18 • Removes massage and massage establishments from being defined or classified as an adult oriented or adult entertainment business. • No requirement for a massage establishment to obtain a conditional use permit. • Adding a section which clearly establishes where massage establishments can be located. Staff Report January 22, 2019 Page 3 of 5 Amending NCMC Title 18 Massage Establishments 358 of 491 There is no change in where a massage business may be located with regard to zoning as a result of this amendment. A massage business has typically been considered the same way as a medical office with regard to zoning. Medical offices may be located in any of the four mixed - use zones, any of the industrial zones, and in the Institutional zone. The Planning Commission of the City of National City considered the proposed amendments at a duly advertised public hearing held on January 7, 2019, at which time the Planning Commission considered evidence and recommends that the City Council adopt the amendments with the following findings: 1. That the proposed amendment will make the Land Use Code consistent with State law. 2. That the proposed amendment is consistent with the General Plan, as Housing and Environmental Justice Goal HEJ-6 encourages convenient and accessible health services that meet the needs of the community, which this amendment would help to attain. 3. That the proposed amendment has been reviewed and been found to comply with the California Environmental Quality Act (CEQA); this amendment is not considered to be project under CEQA as there would be no physical impact as a result of the change. The amendments would solely modify or remove language related to massage and add clarification of massage establishment regulation to Title 18 (Zoning). WHY AN URGENCY ORDINANCE IS BEING PROPOSED Approximately two years ago, the Police Department found prostitution activity at several business locations throughout the City operating under the guise of massage establishments, many of which were operating without the required City permits or licenses and in violation of numerous local and state laws. Due to the need for the City to revise its regulations and procedures pertaining to massage establishments in order to comply with State law and help combat illegitimate businesses from operating in our City, City Council enacted a moratorium. The moratorium expires on February 7, 2019. Section 36937 of the California Government Code states that an ordinance takes effect immediately if necessary for the immediately preservation of the public peace, health or safety. There are certain provisions of the Municipal Code applicable to the regulation of massage technicians and massage establishments that are clearly inconsistent with the binding mandates and prohibitions of state law in this field of regulation. A valid ordinance regulating massage technicians and massage establishments is necessary to preserve the immediate public peace, health, safety, and welfare, in that such an ordinance will ensure that legitimate businesses of massage are operated in a clean and sanitary manner, and that problems with lewd conduct and prostitution do not arise with businesses that are not legitimate. City staff researched and reviewed several other city massage ordinances in the State and reviewed the proposed ordinance with the Director of Governmental Affairs at the California Staff Report January 22, 2019 Page 4 of 5 Amending NCMCTitle 18 Massage Establishments 359 of 491 Massage Therapy Council. In addition to new regulations, City staff has developed a new application procedure for massage establishments which will streamline the process and ensure only legitimate businesses are operating in our City. RECOMMENDED ACTION It is recommended that the City Council make a motion to adopt the findings of urgency and adopt an Urgency Ordinance pursuant to Government Code Sections 36931 and 36937 to take effect immediately, amending National City Municipal Code Sections 18.30.030 (Adult Oriented Businesses) and 18.50.010 (Glossary) of Title 18 (Zoning) related to Massage Establishments and Adding Section 18.30.370 to Title 18 related to Massage Establishments. ATTACHMENTS 1. City of National City Massage Establishment License Procedures and Application Packet 2. Strike -out Version of NCMC Sections 18.30.030 (Adult Oriented Businesses) and 18.50.010 (Glossary) of Title 18 (Zoning) and Copy of Section 18.30.370. Staff Report January 22, 2019 Page 5 of 5 Amending NCMC Title 18 Massage Establishments 360 of 491 CALIFORNIA ~` NATIONALTCITY INCORP Op,gTEp MASSAGE ESTABLISHMENT LICENSE PROCEDURES AND APPLICATION PACKET NON-REFUNDABLE FEE: New: $725.00 Renewal: $225.00 STEP 1: Review relevant state and local laws pertaining to massage establishments including National City Municipal Code Chapters 10.70 and 10.79, and Section 18.30.370. Copies of City ordinances may be obtained from the City Clerk's office located at 1243 National City Blvd., National City, CA 91950 or via the City's website at www.nationalcityca.gov. STEP 2: Obtain and fill out the Application Packet completely to obtain a Police Permit (Application Packets may be obtained from the City's Finance or Planning Departments - 1243 National City Blvd., National City, CA 91950 — ground floor). All Owners and Operators (managers) must complete the appropriate form depending on if they are CAMTC certified or not. Incomplete Application Packets will not be accepted. The following must be attached to the Application: a. ❑ Copy of Driver's License and/or photo identification card issued by a State or Federal Agency for all Owners/Operators; b. ❑ Copy of Fictitious Name Statement or Articles of Incorporation; c. ❑ Massage Supplemental Questionnaire; d. ❑ Floor Plan of establishment; e. ❑ Copies of Therapists' CAMTC Certificate; f. ❑ Copies of Therapists' drivers' license or other government issued ID; and g. ❑ Copy of Lease or Rental Agreement; h. ❑ Live Scan form for all Owners/Operators who are not CAMTC certified. STEP 3: Visit the City's Planning Department to obtain Zoning Approval (1243 National City Blvd., National City, CA 91950 — ground floor; (6190 336-4310) ❑ Planning Approval by: ❑ Date and Stamp: Page 1 of 2 361 of 491 STEP 4: Take Application Packet to the Finance Department and pay the non- refundable police permit fee. Your application will be routed to the National City Police Department for processing. Applications will be accepted at the Finance Department by appointment only between 9:00 a.m. and 2:00 p.m. Monday through Thursday. Please contact Finance at (619) 336-4330 to schedule an appointment. STEP 5: Once your Police Permit has been approved, return to Finance to process a City Business License, including paying the appropriate fee as required. ❑ Business License Fee Paid: Date: ❑ New ❑ Renewal License No. Receipt No. ❑ Fire Inspection/Approval by: ❑ Date and Stamp: ❑ Code Enf/Approval by: ❑ Date and Stamp: It is the responsibility of the owner to ensure that anyone employed to provide massage services has an active CAMTC Certification. Any massage therapist/technician hired as an employee, must submit a copy of their CAMTC certificate to the City prior to starting work. Renewal Applicants need to complete and submit Steps 1, 2 (with attachments c and e), 4 and 5, and pay the Non -Refundable renewal fee of $225.00, in addition to any required business license fee. Upon receipt of all necessary approvals from the Planning Department, Police Department, Fire Department, Code Enforcement Department, and Finance Department, your Business License and Massage Establishment Police Permit License will be issued. This process takes approximately 6-8 weeks. If you have any further questions, please contact the Finance Department at (619) 336-4330 or financedepartment@nationalcityca.gov. Page 2 of 2 362 of 491 N CITY OF NATIONAL CITY 1243 National City Boulevard, National City, CA 91950-4397 (619) 336-4330 APPLICATION FOR MASSAGE LICENSE BUSINESS NAME: BUSINESS PHONE: BUSINESS ADDRESS: (Number) (Street) (City) (State) (Zip) MAILING ADDRESS: (Number) (Street) (City) (State) (Zip) BUSINESS IS: SOLE PROPRIETOR ❑ PARTNERSHIP ❑ CORPORATION ❑ LLC ❑ LLP ❑ IF CORPORATION, DATE & PLACE INCORPORATED: ARE YOU THE SOLE OWNER/OFFICER/MEMBER OF THE BUSINESS? YES NO ARE ALL OWNERS/OFFICERS/MEMBERS CAMTC CERTIFIED? YES NO INDIVIDUAL(S) RESPONSIBLE FOR MANAGEMENT OF THE ESTABLISHMENT & PRESENT DURING BUSINESS HOURS? ARE ALL PERSONS LISTED ABOVE CAMTC CERTIFIED? YES NO EXACT NATURE/TECHNIQUE OF MASSAGE TO BE ADMINISTERED: If your business is a corporation, complete the following for the officers. Please also attach a copy of the "Statement of Information" form filed with the state's Department of Corporations for the state where you are incorporated. If you are not incorporated in California, please provide proof that you are authorized by California State Department of Corporations to conduct business in California. NAME CORPORATE OFFICERS: ADDRESS President: Phone No.: Vice -President: Phone No.: Secretary: Phone No.: Treasurer:: Phone No.: Page 1 of 6 363 of 491 BOARD OF DIRECTORS: Board Member: Phone No.: Board Member: Phone No.: Board Member: Phone No.: Board Member: Phone No.: Board Member: Phone No.: SHAREHOLDER(S) OWNING 10% OR MORE: Name: Address: Phone No.: % Ownership: Name: Address: Phone No.: % Ownership: Name: Address: Phone No.: % Ownership: If your business is a partnership, list all general and limited partners (owning more than 10%): PARTNER(S) OWNING 10% OR MORE: Name: Phone No.: Address: % Ownership: Name: Address: Phone No.: % Ownership: Name: Address: Phone No.: %Ownership: Page 2 of 6 364 of 491 PARTNERS) OWNING 10% OR MORE (Continued) Name: Address: Phone No.: % Ownership: Name: Address: Phone No.: % Ownership: Name: Phone No.: Address: Ownership: List any municipalities or cities with which you hold a business license and/or have conducted business in the IdbL uIVt ycauD• City Name Business Address City, State, Zip Phone No. Type of License Name on License City Name Business Address City, State, Zip Phone No. Type of License Name on License ` City Name Business Address City, State, Zip Phone No. Type of License Name on License Page 3 of 6 365 of 491 City Name Business Address City, State, Zip Phone No. Type of License Name on License City Name Business Address City, State, Zip Phone No. Type of License Name on License HAVE YOU EVER BEEN ISSUED A BUSINESS LICENSE/PERMIT FROM ANY AGENCY? IF YES, EXPLAIN TYPE OF LICENSE/PERMIT, WHERE ISSUED & BY WHOM: HAVE YOU EVER HAD A BUSINESS LICENSE/PERMIT SUSPENDED, REVOKED, OR HAD AN APPLICATION FOR THE SAME DENIED FROM ANY AGENCY? IF YES, EXPLAIN: Page4of6 366 of 491 AFFIDAVIT I, the undersigned, declare under penalty of perjury that to the best of my knowledge, the information contained in this application for a Police Regulated Business Permit pertaining to a Massage Establishment, and its supporting documentation is truthful, correct, and complete; and, the information contained in this application and its supporting documentation discloses all material facts regarding the applicant and associated individuals necessary to allow the Chief of Police to properly evaluate the applicant's qualification for licensures. If the applicant is a business entity, I, as the person signing below do hereby represent and warrant that the business entity is authorized to do business in California and that I have full right, power, and authority to sign on behalf of the business entity and carry out all actions contemplated by this applications, and that any permit issued to the business entity constitutes valid, binding, and enforceable obligations of the business. Upon the Police Department's request, I promise to provide the Police Department with evidence reasonable satisfactory to the Police Department confirming the foregoing representations and warranties. I will ensure that any information subsequently submitted to the Police Department in conjunction with this application or its supporting documentation meets the same standard as set forth above. I understand that this application will be classified as a public record and will be available for inspection by the public, except with regard to the release of information that is classified as controlled, private, or protected under the California Public Records Act of restricted by other law. I acknowledge that I may be required to provide additional information, as needed, for a complete investigation. I acknowledge that I have reviewed Chapters 10.70 and 10.79 of the National City Municipal Code. I am authorized by the business to state that the business fully understands its legal obligations and agrees to comply with and obey all the ordinances and statutes listed in the National City Municipal Code. Additional, the business recognizes its responsibility for obeying all federal and state laws. It is understood by me that statements found not to be true, complete, and accurate will be grounds for refusal or revocation of any permit or license issued to me by the City of National City, County of San Diego, without further notice to me. I understand that the permit fee is non-refundable. I understand and agree to having all required notices, unless otherwise specified, sent by U.S. Mail to the mailing address given on this application. I understand that all Owners and Operators are responsible for the Massage Establishment and the conduct of all persons who perform massage at the massage establishment. I understand that failure to comply with the California Business and Professions Code Sections 4600 et seq., or with any federal, State or local laws, rules or regulations and/or the provisions of the Municipal Code Chapters may result in suspension or revocation of the Massage Establishment license. OWNER Signature Print Name Title Date Address City, State, Zip Contact Phone No. Page 5 of 6 367 of 491 CO-OWNER Signature Print Name Title Date Address City, State, Zip Contact Phone No. Page 6 of 6 368 of 491 MASSAGE SUPPLEMENTAL QUESTIONNAIRE Attach to License No. BUSINESS NAME: BUSINESS PHONE BUSINESS ADDRESS: (Number) (Street) '(City) (State) (Zip) PROPERTY OWNER'S NAME (Establishments only): PHONE: PROPERTY OWNER'S ADDRESS (Establishments Only): (Number) (Street) Owner/Operator Name ❑ OWNER ❑ MANAGER ❑ OWNER ❑ MANAGER ❑ OWNER ❑ MANAGER ❑ OWNER ❑ MANAGER ❑ OWNER ❑ MANAGER (City) State Certified CAMTC # ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO Therapists (Attach additional sheet, if necessary, and a copy of each Therapists CAMTC Certificate): Full Name CAMTC # CAMTC Expiration Independent Contr. (Needs Business License) ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑YES ❑NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO (State) (ZIp) Employee (Attach Cert) ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO Percentage Breakdown of Uses: Massage: Body Wrap Acupressure: Skin Care: Other Uses: Type: Percentage: Type: Percentage: SUBMIT FLOOR PLAN OF PROPOSED ESTABLISHMENT declare under penalty of perjury that the above information is true and correct. I certify that my business will use only State Certified Therapists to provide massage services. I acknowledge and understand that using a Non -State Certified Therapist to provide massage services would constitute a violation of the Municipal Code and 1 may be subject to criminal, civil, or administrative penalties and subject my business license and/or massage establishment license to suspension or revocation. I also understand that an owner/operator that is listed above must be on -site during all business hours. Date Signature of Applicant Page 1 of 1 369 of 491 CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950-4397 (619) 336-4330 OWNER/OPERATOR WITH CAMTC CERTIFICATION PLEASE CHECK: ❑ OWNER ® OPERATOR OWNER/ OPERATOR: ALL OTHER NAMES USED: DATE OF BIRTH: (Last) (First) (Middle) PLACE OF BIRTH: HEIGHT: WEIGHT: SEX: HAIR: EYES: CDL# SSN: RESIDENCE ADDRESSES: RESIDENCE PHONE: EMERGENCY PHONE: LAST TWO ADDRESSES: CAMTC CERTIFICATE #: EXPIRATION DATE: (Must attach copy of certificate) HAVE YOU EVER BEEN ISSUED A BUSINESS LICENSE/PERMIT FROM ANY AGENCY? IF YES, EXPLAIN TYPE OF LICENSE/PERMIT, WHERE ISSUED & BY WHOM: HAVE YOU EVER HAD A BUSINESS LICENSE/PERMIT SUSPENDED, REVOKED, OR HAD AN APPLICATION FOR THE SAME DENIED FROM ANY AGENCY? IF YES, EXPLAIN: Page 1 of 2 370 of 491 EMPLOYMENT HISTORY FOR THE LAST 5 YEARS: (Attach additional sheet if necessary) COMPANY ADDRESS JOB DESCRIPTION DATES Under penalty of perjury, I swear that the foregoing statements are true and accurate to the best of my knowledge. It is understood by me that all statements found not to be true, complete, and accurate will be grounds for refusal or revocation of any permit or license issued to me by the City of National City, County of San Diego, without further notice to me. i understand and agree to having all required notices, unless otherwise specified, sent by U.S. Mail to the address given on this application. I have read and understand Chapters 10.70 and 10.79, et. seq., of the National City Municipal Code and all regulatory ordinances pertaining to Massage Establishments. I understand that all Owners and Operators are responsible for the Massage Establishment and the conduct of all persons who perform massage at the Massage Establishment. I certify that I will operate my business in accordance with all applicable Federal, State, and Local laws and regulations. I understand that failure to comply with California Business and Professions Code Sections 4600 et seq., or with any Federal, State, or Local laws, rules or regulations, and/or the provisions of Chapters 10.70 and 10.79 of the City's Municipal Code may result in the suspension or revocation of the Massage Establishment license. DATE: Signature of Owner/Operator ATTACH TO LICENSE# CAMTC CERT VERIFIED: FOR USE BY POLICE DEPARTMENT ❑ Approved ❑ Disapproved Reason: OFFICE USE ONLY Date: By: Page 2 of 2 371 of 491 \ 1 CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950-4397 (619) 336-4330 OWNER/OPERATOR WITHOUT CAMTC CERTIFICATION PLEASE CHECK: ❑ OWNER ❑ OPERATOR OWNER/ OPERATOR: ALL OTHER NAMES USED: (Last) (First) (Middle) DATE OF BIRTH: PLACE OF BIRTH: HEIGHT: WEIGHT: SEX: HAIR: EYES: CDL# SSN: RESIDENCE ADDRESS: (Number) (Street) (City) (State) (Zip) RESIDENCE PHONE: EMERGENCY PHONE: LAST TWO ADDRESSES: HAVE YOU EVER BEEN ISSUED A BUSINESS LICENSE/PERMIT FROM ANY AGENCY? IF YES, EXPLAIN TYPE OF LICENSE/PERMIT, WHERE ISSUED & BY WHOM: HAVE YOU EVER HAD A BUSINESS LICENSE/PERMIT SUSPENDED, REVOKED, OR HAD AN APPLICATION FOR THE SAME DENIED FROM ANY AGENCY? IF YES, EXPLAIN: EMPLOYMENT HISTORY FOR THE LAST 5 YEARS: (Attach additional sheet if necessary) COMPANY ADDRESS JOB DESCRIPTION DATES Page 1 of 3 372 of 491 MASSAGE LICENSE OWNER/OPERATOR WITHOUT CAMTC CERTIFICATION — PAGE TWO LIST ALL CHARGES/CITATIONS EVER ISSUED (Except for Misdemeanor Traffic Violations) (attach additional pages, if necessary) DATE PLACE/AGENCY CHARGE DISPOSITION NAME ON DISPOSITION LIST OF PROFESSIONAL REFERENCES BUSINESS NAME Address City, State, Zip Phone No. BUSINESS NAME Address City, State, Zip Phone No. BUSINESS NAME Address City, State, Zip Phone No. BUSINESS NAME Address City, State, Zip Phone No. BUSINESS NAME Address City, State, Zip Phone No. Page 2 of 3 373 of 491 Under penalty of perjury, I swear that the foregoing statements are true and accurate to the best of my knowledge. It is understood by me that statements found not to be true, complete, and accurate will be grounds for refusal, suspension, or revocation of any permit or license issued to me by the City of National City, County of San Diego, without further notice to me. I understand and agree to having all required notices unless otherwise specified, sent by U.S. mail to the address given an this application. I have read and understand Chapters 10.70 and 10.79, et seq., of the National City Municipal Code and all regulatory ordinances pertaining to Massage Establishments. I understand that all Owners and Operators are responsible for the Massage Establishment and the conduct of all persons who perform massage at the Massage Establishment. I certify that I will operate my business in accordance with all applicable Federal, State, and Local laws and regulations. I understand that failure to comply with the California Business and Professions Code Sections 4600 et seq., or with any Federal, State or Local laws, rules or regulations and/or the provisions of Chapters 10.70 and 10.79 of the City's Municipal Code may result in suspension or revocation of the Massage Establishment license. I understand the information provided in this application will be used to obtain a criminal record check. DATE: Signature of Owner/Operator OFFICE USE ONLY ATTACH TO LICENSE NO. FOR USE BY POLICE DEPARTMENT ❑ Approved ❑ Disapproved Reason: Date: By: Page3of3 374 of 491 State Country 'ZIP Code 'Telephone Number STATE OF CALIFORNIA ®CIA 8018RR (oreg. 042001', rev. 1 E2014) REQUEST FOR LIVE SCAN SERVICE (Record Review or Foreign Adoption) Applicant Submission DEPARTMENT OF JUSTICE Page 1 of2 CA0370900 70900 Type of Application (Check One Only) ® Record Review El Foreign Adoption ORI Coda assigned by DOJ) Reason for Application Contributing Agency Information: DEPARTMENT OF JUSTICE Agency Authorized to Receive Criminal Record Information ,Mail Code (five -digit code assigned by DIDJ) P.O. BOX 903417 Street Address or P.O. Box SACRAMENTO city CA 94203-4170 State SIP Code RECORD REVIEW UNIT Contact Name} (mandatory for all school submissions) (916) 227.3835 Contact Telephone Number Applicant Information: Last Name Other Name (AKA or Alias) a -gt — Data of Birth Sex 0 Male [] Female Height Weight Eye Color Hair Color Place of Birth (State or Country) Social Security Number Street Address or P.O. Box First Name Middle initial Suffix First Suffix Driver's License Number Misc. Number (Other Identification Number) Telephone Number 'City State ZIP Code Level of Service: ❑] DOJ Only If re -submission, list original ATI number (Must provide proof of rejection): Original ATI Number ® Foreign Government Embassy: (Mandatory for Foreign Adoption requests pursuant to Penal Code section 11105(0)(12)) Designee -- Do not include Employer. (Optional for Individual designated by applicant to Penal Code section 11124) Designee or Embassy Narne roe t Address or P;O -BOX City Live Scan Transaction Completed By: Transmitting Agency LSD ATE Number Amount CelfeciediBilled ORIGINAL - Lrve Scan Operator SECOND COPY - Applicant 375 of 491 18.30.030 - Adult -oriented businesses. A. Purpose 1. It is the purpose of this chapter to establish reasonable and uniform content - neutral regulations to decrease blight and crime by either dispersing adult - oriented businesses, or by shifting part of the burden of regulating such businesses to the private sector by placing them in locations which minimize the negative secondary effects of such businesses. 2. It is the intent of this chapter that these regulations be utilized to serve the substantial interest of the city in preventing problems of blight and deterioration which accompany and are brought about by adult -oriented businesses, which allowing reasonable alternative locations for those businesses. 3. In enacting this chapter, the city council is relying upon the experiences of the City of National City and upon the experiences and studies of other municipalities concerning the deleterious effects of adult -oriented businesses, which this chapter is intended to curtail. B. Definitions. It is the purpose of this section to provide clear and concise definitions of those words, terms and phrases most commonly utilized in the regulations and provisions of this chapter in order to assist in the uniform interpretation of such regulations and provisions and to insure uniformity in their application. It is intended that the following words, terms and phrases, whenever used in this chapter, shall be construed as defined in the following subsections, unless from the context a different meaning is specifically defined and more particularly directed to the use of such words, terms or phrases. It is also intended that those definitions and interpretations set forth in Section 1.04.010 and the glossary shall be used for purposes of uniformity of interpretation and application of the regulations and provisions of this chapter but only where they do not conflict with any definitions or interpretation set forth in this chapter. 1. "Specified anatomical areas" means and includes any of the following: a. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or 376 of 491 b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. 2. "Specified sexual activities" means and includes any of the following: a. The fondling or other touching of human genitals, pubic region, buttocks, anus or female breast: b. Sex acts, normal or perverted, actual or simulated; or c. Masturbation, actual or simulated; or d. Excretory functions as part of or in connection with any of the activities set forth in this subsection. 3. "Adult bookstore" is an establishment that devotes more than fifteen percent of the total floor area utilized for the display of books and periodicals to the display and sale of the following: a. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, tapes, records or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or b. Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. c. An adult bookstore does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal stock -in -trade and does not devote more than fifteen percent of the total floor area of the establishment to the sale of books and periodicals. 4. "Adult motion picture theater" is an establishment, with a capacity of fifty or more persons, where, for any form of consideration, films, motion pictures, video cassettes, compact discs, digital video discs, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons. 5. "Adult mini -motion picture theater" is an establishment, with a capacity of more than five but less than fifty persons, where, for any form of consideration, films, motion pictures, video cassettes, compact discs, digital video discs, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons. 377 of 491 6. "Adult motion picture arcade," to include without limitation a peep show, is any place to which the public is permitted or invited wherein coin or slug operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image -producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. The image -producing device or peep show device shall also include any other device by or through which electronic, video, photographic, cinematic, digital, or computer -generated images depicting specified anatomical areas or specified sexual activity defined by this section are or can be reflected or projected onto an external screen or be internally projected, generated or reflected onto a screen that is an integral part of the device itself. 7. "Adult drive-in theater" means an open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats, and presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons. 8. "Adult cabaret" is a night club, bar, restaurant, cabaret or similar establishment which may serve food or alcoholic or non-alcoholic beverages, or both, and which, for consideration, regularly features live performances or films, motion pictures, video cassettes, compact discs, digital video discs, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or the exposure of specified anatomical areas for observation by patrons or attendees. 9. "Adult motel" is a motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, compact discs, digital video discs, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. 10. "Adult theater" is a theater, concert hall, auditorium or similar establishment, either indoor or outdoor in nature which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified sexual activities or by exposure of specified anatomical areas for observation by patrons. 378 of 491 11. "Adult model studio" is any establishment open to the public where, for any form of consideration, one or more persons display or expose any portion of specified anatomical areas to be observed, sketched, drawn, painted, sculptured, photographed, videoed or be similarly viewed or depicted by any person, other than the proprietor, who pays a consideration to either the proprietor, an employee of the proprietor or the model. This definition shall also include, without limitation, a "lingerie modeling establishment." a. This definition shall not apply to any school of art which is operated by an individual, firm, association, partnership, corporation or institution which meets the requirements established in the Education Code of the State of California for the issuance or conferring of, and is in fact authorized thereunder to issue and confer a diploma. 12. "Sexual encounter establishment" is an establishment, other than a hotel, motel or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may congregate, associate or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state of California engages in sexual therapy. a: For the purposes of this c-hapter, sexual encounter center -shall include massage or rapp-arla_i_i,r and other si{ ��establishments. 13. "Body painting studio" is an establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body when such body is wholly or partially nude in terms of specified anatomical areas. 14. Massage nn�J'orior an_establi&hm_wn at—wher or any, form of ,sideration, massage, alcohol rub; ferne-ntation,-e-lectric yr mogneiin trees+ nt, or similar treatment or manipulation of the hi iman body is ndm ni-stered i mless s ch f eat end man-i ulatio --i-s administered b„ mo ,er chiroprac r, acupuncturist, nhvsical therapist or i nilar professional person licensed by the state of California. This definition does not include an athletic club, health club, school, gymnasium, Fed-ucing-melon, spa or similar establishme4-ahe marssage or similar manipulation -of the human body is offered-as,an ' cidenta or acre ory service. 15. 14. "General motion picture theater" is a building or part of a building intended to be used for the specific purposes of presenting entertainment as defined in this chapter, or displaying motion pictures, slides or closed circuit television pictures before an individual or assemblage of persons, whether such assemblage be of a public, restricted or private nature, except a home or private dwelling where no fee, by way of an admission charge, is charged; provided, however, that any such presentations are 379 of 491 not distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas in that any such depiction or description is only incidental to the plot or story line. 16. 15. "Legitimate or live theater" is a theater, concert hall, auditorium or similar establishment which, for any fee or consideration, regularly features live performances which are not distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas in that any such depiction or description is only incidental to the primary purpose of the performance. 16. "General bookstore" is an establishment engaged in the buying, selling and/or trading of new and/or used books, manuscripts and periodicals of general interest. A general bookstore does not include an establishment that is encompassed by the definition of adult bookstore. 18. 17. "School" is an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the state board of education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of learning under the jurisdiction of the state department of education, but it does not include a vocation or professional institution or an institution of higher education, including a community college. 19. 18. "Establishing an adult -oriented business," as used in this chapter, means and includes any of the following: a. The opening or commencement of any such business as a new business; b. The conversion of an existing business, whether or not an adult -oriented business, to any of the adult -oriented businesses defined in this chapter; or c. The addition of any of the adult -oriented businesses defined herein to any other existing adult -oriented business; or c. The relocation of any such business. 19. "Transfer of ownership or control," as used in this chapter, means and includes any of the following: 380 of 491 a. The sale, lease or sublease of an adult -oriented business; b. The transfer of securities which constitute a controlling interest in such business, whether by sale, exchange or similar means; or c. The establishment of a trust, gift or other similar legal device which transfers the ownership or control of such business, except for transfer by bequest or other operation of law upon the death of the person possessing such ownership or control. 20. "Sale and display of paraphernalia and literature commonly associated with the use of narcotics and controlled substances (headshops)" is an establishment or place where more than fifteen percent of the floor area in any room is used for the sale and display of such paraphernalia and literature, including but not limited to cocaine and sniffing kits, glass mirrors for cutting cocaine, snorting spoons and tubes, strainers to sift cocaine, water pipes (bongs), everyday items with special removable tops that have been converted to conceal narcotics and drugs, including simulated beer cans, oil cans and plastic photograph film vials, "roach clips" (for holding marijuana cigarettes), or books and magazines extolling the use of narcotics or controlled substances. Such a place is an adult -oriented business. This definition does not limit licensed pharmacies in selling and displaying paraphernalia that is medical equipment prescribed by licensed medical practitioners. 22 21. A "private viewing room" is an area separated from the sales or display area of the establishment by a curtain, wall, door, shade or similar obstruction thus allowing the private viewing of video tapes, compact discs, digital video discs, movies, transparencies, films or projectable motion pictures by customers at the establishments. 23. 22. "Video cassette, compact disc, digital video disc sales and rentals —adult" is the same as "adult bookstore." 24. 23. "Video games —adult" are coin -operated electronic game machines having visual displays and animation that depict in any manner, any sort of activity characterized by exposure of "specified anatomical areas" or "specified sexual activities." 24. "Sexually oriented business" is any business in which: 381 of 491 a. Specified sexual activity occurs or specified anatomical areas are exposed, or both, by a patron, attendee, employee or independent contractor for any form of consideration paid or furnished to the owner, proprietor, an employee of the owner or proprietor, or to an independent contractor at the location or premises; or b, b. Material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical areas, or both, is displayed, sold or provided for consideration on a regular basis. 25. "Consideration," as used in this chapter, means a payment or transfer of money or other thing of value exceeding a total of one cent to an owner or proprietor, an employee of the owner or proprietor, or to a performer, independent contractor or entertainer at the establishment, without regard to: a. Any donative intent of the payer, transferor or donor; b. The time of payment or transfer; or c. Whether the payment or transfer was for admission to the establishment or for merchandise, food or beverage displayed or sold at or on behalf of that establishment. 26. "Lingerie modeling establishment" means an establishment where, for consideration and for viewing by a patron at that establishment, a person either: a: b, 27. a. Wears and displays undergarments, lingerie, underwear and similar articles of intimate apparel which cover those areas which constitute specified anatomical areas; or 13: b. Changes from one costume into another in the presence of a patron or patrons and thereby exposes one or more specified anatomical areas to that patron or patrons. This definition shall not, however, be construed so as to apply to a commercial retail or wholesale establishment that principally and customarily sells clothing and related wearing apparel and where specified anatomical areas are not exposed to customers during demonstration displays of merchandise for sale. C. Prohibitions. a-- 382 of 491 1. No person or entity shall own, establish, operate, control or enlarge or cause or permit the establishment, operation, enlargement or transfer of ownership or control, except pursuant to Section 18.30.030(F), of any of the following adult -oriented businesses if such adult -oriented business is or would be within one thousand five hundred feet of another adult -oriented business, within one thousand five hundred feet of any school or public park within the city, or within one thousand feet of any residentially zoned property in the city: a. Adult bookstore; b. Adult motion picture theater; c. Adult mini -motion picture arcade (peep shows); d. Adult arcade; e. Adult drive-in theater; f. Adult cabaret; g. Adult motel; h. Adult theater; i. Adult model studio; j. Body painting studio; Ma- age parlor; k. Any sexually oriented business; I. Adult video games; 383 of 491 m. Adult video cassette sales and rentals; n. Sexual encounter establishments; o. Lingerie modeling establishment. e- 2. An establishment listed in this section shall not be established, operated, enlarged or transferred unless the provisions of the zone in which the site or proposed site is located permit such a use. The conduct of such establishment and the use of premises shall otherwise comply with the Land Use Code and all other applicable regulations. 3. Nothing in this chapter prohibits the location of adult -oriented businesses within retail shopping centers in all commercial and major mixed -use zones wherein such activities will have their only frontage upon enclosed malls or malls isolated from their direct view from public streets, parks, schools, churches or residentially zoned property. 4. Massage parlors, and Sexual encounter establishments shall be permitted only upon the prior issuance of a conditional use permit. 5. The location of an adult -oriented business listed in subsection (C)(1) (with the exception of subsections (C)(1)k and (C)(1)o) within any new or existing retail center, as specified in subsection (C)(3), shall not require a conditional use permit. D. Measure of Distance. The required minimum distance between any two adult - oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each such business. The distance between any adult -oriented business and any public school, public parks or residential zoned land shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult -oriented business to the closest property line of the public school, public park or residential zone. E. Development and Maintenance Standards. All adult -oriented businesses hereafter commenced shall, in addition to compliance with the Land Use Code, comply with these specific requirements: 1. Signs. Except for theater marquee signs, changeable copy signs, temporary signs and small permanent signs are not permitted. In addition to the requirements of 384 of 491 Section 18.62.020 for permit approvals, all sign permits shall be subject to review and approval by the planning commission. 2. Exterior Painting. Buildings and structures shall not be painted or surfaced with garish colors or textures or any design that would simulate a sign or advertising message. 3. Advertisements, displays of merchandise, signs or any other exhibit depicting adult - oriented activities placed within the interior of buildings or premises shall be arranged or screened to prevent public viewing from outside such buildings or premises. 4. No outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to an adult -oriented use is allowed 5. Upon order of the city manager, graffiti appearing on any exterior surface of a building or premises, which graffiti is within public view, shall be removed, and that surface shall be restored within seventy-two hours of notification to the owner or person in charge of the premises. 6. All exterior windows that are visible to the public must be opaquely covered. F. Exceptions. 1. Nothing in this section prohibits the transfer of principal ownership or control of adult -oriented uses permitted under Section 18.30.030(C)3 or 18.30.030(C)5. 2. Notwithstanding any other provision of this code to the contrary, the provisions of this chapter shall be applicable to all land within the city, including all redevelopment project areas now in existence or hereafter established. G. Other Regulations, Permits or Licenses. 1. Effect. The provisions of this chapter do not waive or modify any other provision of this code. Adult -oriented businesses shall comply with all applicable provisions of law and this code. 385 of 491 2. Reference. This list is not all-inclusive and is inserted here for reference only; other applicable regulations include, but are not limited to the following chapters: H. Protection of Minors. Adult -oriented business shall not allow the admission of minors and shall otherwise comply with Chapter 10.62. An attendant shall be present at all times during hours of operation to deny admittance to minors. I. Private Viewing Rooms. It is unlawful for any person or entity which is subject to the regulations of this chapter, and which sells or rents prerecorded video tapes, movies, transparencies, films, projectable motion pictures or equipment used for showing any or all of these items, to offer or allow the viewing of these materials in private viewing rooms, as defined in subsection (B)(22). J. Constitutional Severability. The city council declares that the invalidity of any section or portion of this chapter shall not affect the validity of any other remaining section or portion; that the city council would have adopted each of those remaining portions notwithstanding any later declared invalid. If any portion determined to be invalid can be severed or be judicially interpreted in a way that could harmonize it with the remaining provisions, then it may either be severed or be judicially interpreted and, as interpreted, be applied so as to give full purpose, meaning and effect to the remaining provisions of this chapter. 18.30.370 - Massage establishments Massage establishments may be located in any zone where medical offices are permitted in accordance with Chapters 10.70 and 10.79. 18.50 - Glossary [18.50.010] - Generally Massage and massage--pa-rtar: 4- Massage. See Section 10.79 and 18.30.370. 2. Massage parlor. Sec Sections 18.30.030. 386 of 491 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m,, Tuesday, January 22, 2019, in the City Council Chambers, 1243 National City Blvd., National City, CA., to consider ADOPTION OF AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE SECTIONS 36931, 36937, AND 65858 AS AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY, AMENDING NATIONAL CITY MUNICPAL CODE SECTIONS 18.30.030 (ADULT ORIENTED BUSINESSES) AND 18.50.010 (GLOSSARY) OF TITLE 18 (ZONING) RELATED TO MASSAGE ESTABLISHMENTS AND ADDING SECTION 18.30.370 TO TITLE 18 RELATED TO MASSAGE ESTABLISHMENTS. The Planning Commission, at their meeting of January 7, 2019, adopted Resolution 2019-1 recommending adoption to the City Council the amendments and addition to Title 18. The full text of the Resolution will be available for viewing in the City Clerk's office during normal business hours. Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this Notice, or in written correspondence delivered to the undersigned. Michael R. Della, City Clerk 387 of 491 Mayor Ron Morrison Council Members Jerry Cane Alejandro Sotelo-Solis Mona Rios Albert Mendivil NA, t.ariz0 Office of the City Attorney MEMORANDUM TO: Mayor and City Council FROM: Interim City Attorney Interim City Attorney George H. user, III Senior Assistant City Attorney Nicole Redone Deputy City Attorney Roberto M. Contreras DATE: March 7, 2017. SUBJECT: Interim Ordinance to Adopt as an Urgency Measure a .Moratorium Prohibiting Issuance of a Massage Technician .Permits or Licenses and Prohibiting New Massage Establishments from Locating within the City for a Period of 45 Days INTRODUCTION The proposed interim ordinance would impose a moratorium. prohibiting the issuance of new massage technician permits, and prohibiting new massage establishments from locating within the City for a period of 45 days, The interim ordinance requires a 4/5 vote of the City Council for approval, and would take effect immediately. DISCUSSION Current National City Massage Establishment Regulations The permitting,. regulation, and zoning provisions pertaining to massage technicians and massage establishments in National City are currently found in Chapters 10.70, 10.79, and 18,30 of the Municipal. Code, Chapter 10.70., titled "Police Regulated Business Regulations", establishes procedures for permit issuance and regulation of certain businesses and activities as "pollee regulated" for the protection of the public health, safety, and. welfare. Businesses and activities regulated by this Chapter are identified in Chapters 10.71 through 10,79, and include massage technicians and massage establishments. Section 10.70.010(A) recites that such businesses and activities have a higher degree of potential for one or more types of illicit activity, including prostitution and disorderly conduct. In addition to a business license and other required permits, massage technicians and massage establishments must obtain. a permit from the Chief of Police, after undergoing an application process that inay include fingerprinting and furnishing a criminal history. Chapter 10.79, titled "Massage Establishments", provides "for the orderly regulation of massage establishment businesses in the City in order to prevent the facilitation of prostitution". Chapter 1243 National City Boulevard; National City, California 91990.4397 Tel.: (619) 336-4220 Fax: (619) 336-4327 388 of 491 10.79 requires any massage technician or massage establishment to obtain a massage technician permit or massage operator permit, respectively, in accordance with the procedures set forth in Chapter 10.70. Additionally, Chapter 10,79 sets forth minimum operating and facilities requirements for massage establishments, including the requirement that facilities contain at least one tub or shower, and that during hours of operation massage technicians be fully covered from a point not to exceed four inches above the center of the kneecap to the base of the neck. Chapter 18.30, titled "Specific Use Regulations," and more specifically, Section 18.30.030, titled "Adult -oriented businesses," are found in Title 18, which contains the zoning and land use regulations of the Municipal Code. Section 18.30.010 states the purpose of Chapter 18,30 is to provide standards for certain land uses and activities that require special standards to mitigate their potential adverse impacts. "Massage parlors" are included as "adult -oriented businesses" within the scope of the regulations set forth in Section 18.30.030. That section provides that all adult -oriented businesses, including massage parlors, are prohibited from being established or operated within 1,500 feet of another adult -oriented business, within 1,500 feet of any school or park within the. City, or within 1,000 feet of any residentially -zoned property. The section further provides that massage parlors. are permitted only upon issuance of a conditional use permit (CUP), State Law.Authorizj„ng City Regulatjon of Massage Estahlishments The City derives its authority to regulate massage _establishments from Article XI, Section 7 of the California Constitution, as well as from statutes enacted by the State Legislature, including Section 4600 et seq. oldie California Business & Professions Code, and Section 51.030 et seq. of the California Government Code. Section 4600 et seq. of the Business & Professions Code is commonly known as the Massage Therapy Act (the "Act"). Section 4600.5 of the Act states that it is the intent of the State Legislature that broad control over land use in regulating massage establishments be vested in local governments, and that the requirements and practice of the profession of massage therapy remain a matter of statewide concern. Section 4602 creates the California Massage Therapy Council, which is authorized to exercise extensive control over the licensing and regulation of individuals engaged in the practice of massage. Section 4603.1 states that local governments shall impose and enforce only "reasonable and necessary fees and regulations on massage businesses and massage establishments, Section 46:12 provides that a city shall not enact or enforce an ordinance that conflicts with the Act, or with Section 51.034 of the Government Code, The Massage Therapy Act was enacted as urgency legislation by the State Legislature in January, 2009, to take effect immediately. Certain provisions of the Act were amended more recently, first in 2014 and again in 2016, certain of which amendments were inconsistent with the original version of the Act, with the latest amendment taking effect January 1, 2017. This frequent change in statutory provisions has created some uncertainty concerning the manner and degree to which cities may regulate massage technicians and massage establishments. In addition to the Massage Therapy Act, city control over massage businesses is governed by Section 51030 et seq. of the Government Code. While Section 51030 provides that the legislative body of a city may enact an ordinance which provides for the licensing of the business of Staff Report 2 Interim Ordinace March 7, 2017.Massage Moratorium Urgency Measure 389 of 491 massage, Section 51034 sets forth 11 specific types of conduct which a city cannot engage in when regulating massage businesses. These provisions create inconsistencies with certain current provisions of the iviunicipal Code, including the following; * Section 51034(0(2) prohibits a city from defining a massage establishment as an "adult business;" Section 18:30.030(B)(14) of the Municipal Code includes "massage parlor" within the definition of "adult -oriented business," and imposes special regulations on such adult -oriented businesses. • Section 51034(0)(4) prohibits a city from requiring a massage establishment to have a shower or a bath; Section 10.79.070(G) of the Municipal Code requires massage establishments to have a minimum of one tub or shower. • Section 51034(c)(8) prohibits a city from imposing a requirement that a person certified under the Massage Therapy Act undergo a criminal background check or submit fingerprints to obtain a massage permit or license; Section 10,70.030(A) of the Municipal Code provides that the Chief of Police may require a person applying for a permit to practice massage or operate a massage establishment to be fingerprinted; Section 10.70.030(B) provides that an applicant shall submit information regarding arrests; and Section 10.79.060 sets forth additional requirements such as a certificate from a medical doctor and that a massage technician shall furnish fingerprints. • Section 5103.4(c)(10) prohibits a city from imposing a dress code requirement on a person certified pursuant to the Act in excess of those already imposed by the Act; Section 10.79.080(K) of the Municipal Code requires massage technicians to be fully covered from a point not to exceed four inches above the center of the kneecap to the base of the neck, a stricter dress requirement than that set forth in the Act, The Necessity for .Amending the Municipal Code As discussed above, there are certain provisions of the Municipal Code applicable to the regulation of massage technicians and massage establislunents that are clearly inconsistent with the binding mandates and prohibitions of state law in this field of regulation..A valid ordinance regulating massage technicians and massage establishments is necessary to protect the public health, safety, and welfare, in that such an ordinance will ensure that legitimate businesses of massage are operated in a clean and sanitary manner, and that problems with lewd conduct and prostitution do not arise with businesses that are not legitimate. It is submitted that within the meaning of Section 65858 of the Government Code, there is a current and .immediate threat to the public health, safety, and welfare of the City and its residents resulting from the absence of a local ordinance that follows state mandates and prohibitions relating to massage establishments and technicians, and that the location of such establishments, and the issuance of permits and other entitlements for such establishments, would result in a threat to the public health, safety, and welfare if the City's massage regulatory ordinances were to be found invalid. Staff" Report 3 Interim Ord Marcie 7, 2417 's��ace Massage Moratorium Urgency Measure 390 of 491 Why an Urgency Ordinance Imposing an Immediate Moratorium is Being proposed The Police Department reports a recent increase in prostitution activity at several business locations throughout the City operating under the guise of massage establishments. At least six (6.) of such illegitimate massage establishments have been identified, all operating without the required. City permits or licenses and in violation of numerous local and state laws. A well - drafted ordinance, consistent with state law, is required to prevent such illegitimate businesses from being established in the City, as well as to ensure that legitimate massage businesses are operated in a clean. and sanitary manner. Because sufficient time is needed to prepare such an ordinance, it is recommended that the City Council enact an urgency ordinance imposing a moratorium upon the issuance of any new license or .permit. far the practice of massage, or the establishment. of any new massage. establishment, within the City. If approved by the City Council, the moratorium would not affect persons currently engaged in the lawful practice of massage, or lawful massage establishments currently operating within the City. The City Council has enacted moratoriums in the past affecting several land uses, including payday lenders, fast food restaurants, adult -oriented businesses, and previously in 2010, massage establishments. Statutory. Authority for Moratorium Ordinance Section 6.5858 of the California. Government Code authorizes a city, in order to protect the public health, safety, and welfare, and without following the procedures otherwise required, to adopt an interim ordinance as an urgency measure to take effect immediately, prohibiting any uses that may be in conflict with a zoning proposal that the legislative body, planning commission, or the planning department is considering or studying or intends to study within a reasonable time. The initial period that the interim ordinance remains in effect is 45 days. After issuance of a written report detailing the measures taken to alleviate the condition which led. to the adoption of the interim ordinance, and a public hearing, the interim ordinance may be extended for additional periods of 10 months and 15 days, and subsequently for one year. A four -fifths vote of the City Council is required to pass the ordinance in each case. CONCLUSION It is recommended that the City Council approve an interim ordinance on an urgency basis prohibiting the issuance of new massage technician permits, and prohibiting new massage establishments from locating within the City for a period of 45 days. ir) gee George H. Riser, III Interim City Attorney Attachment Staff Report 4 Interim ordinate March 7, 2017 Massage Moratorium Urgency Measure 391 of 491 RESOLUTION NO. 2019-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING ADOPTION TO THE CITY COUNCIL OF AMENDMENTS TO SECTION 18.30.030 (ADULT ORIENTED BUSINESSES) AND 18.50.010 (GLOSSARY) OF TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE RELATED TO MASSAGE BUSINESSES AND ADDING SECTION 18.30.370 (MASSAGE ESTABLISHMENTS).. CASE FILE NO. 2018--30 A WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code, per Chapter 18.12.140 (B); and, WHEREAS, the Planning Commission of the City of National City, California, considered said proposed amendments at a duly advertised public hearing held on January 7, 2019, at which time the Planning Commission considered evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report provided for Case File No. 2018-30 A, which is maintained by the City and incorporated herein by reference; along with any other evidence presented at said hearing; and, WHEREAS, the Planning Commission recommends adoption to the City Council of the City of National City amendments to Section 18.30.030 (Adult oriented businesses) and 18.50.010 (Glossary) of Title 18 (Zoning) of the National City Municipal code related to massage businesses and adding section 18.30.370 (Massage establishments); and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, this action is taken in an effort to comply with applicable State law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, public convenience or necessity, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of National City, California, that the evidence presented to the Planning Commission at the public hearing held on January 7, 2019, support the following findings: 392 of 491 1. That the proposed amendment will make the Land Use Code consistent with State law. 2. That the proposed amendment is consistent with the General Plan, as Housing and Environmental Justice Goal HEJ-6 encourages convenient and accessible health services that meet the needs of the community, which this amendment would help to attain. 3. That the proposed amendment has been reviewed and been found to comply with the California Environmental Quality Act (CEQA); this amendment is not considered to be a project under CEQA as there would be no physical impact as a result of the change. The amendments would solely modify or remove language related to massage in Chapter 18.30.030 — Adult Oriented Businesses. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of January 7, 2019, by the following vote: AYES: Flores, Garcia, Quintero, Sendt, Yamane, Baca NAYS: None. ABSENT: Dela Paz ABSTAIN: None. 393 of 491 ORDINANCE NO. 2019 — AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE SECTIONS 36931 AND 36937 AS AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY, AMENDING NATIONAL CITY MUNICIPAL CODE SECTIONS 18.30.030 (ADULT ORIENTED BUSINESSES) AND 18.50.010 (GLOSSARY) OF TITLE 18 (ZONING) RELATED TO MASSAGE ESTABLISHMENTS, AND ADDING SECTION 18.30.370 TO TITLE 18 RELATED TO MASSAGE ESTABLISHMENTS WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code; and WHEREAS, the permitting, regulation, and zoning provisions pertaining to massage establishments within the City of National City are governed by Municipal Code Chapters 10.70 (Police Regulated Business Regulations), 10.79 (Massage Establishments), and 18.30 (Adult Oriented Businesses); and WHEREAS, the City is authorized to regulate massage establishments pursuant to Article XI, Section 7 of the California Constitution, as well as by state law, including Section 4600, et seq., of the California Business and Professions Code, and Section 51030, et seq., of the California Government Code; and WHEREAS, Section 4600, et seq., of the California Business and Professions Code, commonly known as the Massage Therapy Act (the "Act"), creates the California Massage Therapy Council, contains extensive provisions pertaining to the licensing and regulation of individuals engaged in the practice of massage, and while it states that a city may enact an ordinance which provides for the licensing of the business of massage, it further states that no city shall enact or enforce any ordinance that conflicts with the Act or with Section 51034 of the California Government Code, thus creating a partially preemptive effect of State law upon municipal regulation of massage establishments; and WHEREAS, the Massage Therapy Act was enacted as urgency legislation by the State Legislature in January, 2009, and certain provisions of the Act were amended in 2014 and 2016, certain of which amendments were inconsistent with the original version of the Act, and the latest of which amendments was effective January 1, 2017; and WHEREAS, Section 51034 of the Government Code was amended by the State Legislature in 2016, effective January 1, 2017, creating inconsistencies between the prohibitory provisions of that section and certain current provisions of the National City Municipal Code, including the following: • Section 51034(c)(2) prohibits a city from defining a Massage Establishment as an "adult business", and regulating a massage establishment as an adult entertainment. 394 of 491 • Section 51034(c)(4) prohibits a city from requiring a massage establishment to have a shower or bath. • Section 51034(c)(8) prohibits a city from imposing a requirement that a person certified under the Massage Therapy Act undergo a criminal background check or submit fingerprints to obtain a massage permit or license. • Section 51034(c)(10) prohibits a city from imposing a dress code requirement on a person certified pursuant to the Massage Therapy Act in excess of those already imposed by the Act. and WHEREAS, at a regular public hearing held on March 7, 2017, the City Council adopted Ordinance No. 2017-2433 as an urgency interim ordinance, enacting a moratorium for 45 days prohibiting the issuance of massage technician permits and prohibiting new massage establishments from locating within the City finding an immediate threat to the public health, safety, and welfare of the city and its residents resulting from the absence of a local ordinance that follows state mandates and prohibitions relating to massage establishments and technicians, and that the location of such establishments, and the issuance of permits and other entitlements for such establishments, would result in a threat to the public health, safety, and welfare if the City's massage regulatory ordinances were to be found invalid; and WHEREAS, the City Council found it necessary and appropriate to review and consider the provisions of the legislation pertaining to massage establishments and technicians enacted over recent years by the State Legislature; and WHEREAS, the City Council found that a valid ordinance regulating massage establishments and massage technicians is necessary to protect the public health, safety, and welfare, in that such an ordinance will ensure that to the greatest extent possible, massage businesses will be conducted in a clean and sanitary manner, and in such a way that the operation of such businesses does not involve prostitution and lewd conduct; and WHEREAS, the City Council subsequently extended the moratorium for 10 months and 15 days and then for one year pursuant to California Government Code section 65858; WHEREAS, the moratorium is set to expire on or about February 7, 2019; and WHEREAS, in compliance with State law, and as directed by City Council, City staff amended Sections 18.30.030 (Adult Oriented Businesses) and 18.50.010 (Glossary) of Title 18 (Zoning) and added Section 18.30.370 (Massage Establishments) to Title 18 (Zoning); and WHEREAS, the Planning Commission of the City of National City, California considered said proposed amendments at a duly advertised public hearing held on January 7, 2019, at which time the Planning Commission considered evidence; and WHEREAS, the Planning Commission recommends that the City Council of the City of National City adopt the amendments to Section 18.30.030 (Adult Oriented Businesses) Ordinance No. 2019- Page 2 of 11 Amending NCMC 18.30.030 January 22, 2019 & 18.50.010, and Adding 18.30.370 395 of 491 and 18.50.010 (Glossary) of Title 18 (Zoning) of the National City Municipal Code related to massage establishments and add section 18.30.370 (Massage Establishments) with the following findings: • That the proposed amendment will make the Land Use Code consistent with State law. • That the proposed amendment is consistent with the General Plan, as Housing and Environmental Justice Goal HEJ-6 encourages convenient and accessible health services that meet the needs of the community, which this amendment would help to attain. • That the proposed amendment has been reviewed and been found to comply with the California Environmental Quality Act (CEQA); this amendment is not considered to be project under CEQA as there would be no physical impact as a result of the change. The amendments would solely modify or remove language related to massage and add clarification of massage establishment regulation to Title 18 (Zoning); and WHEREAS, on October 2, 2018, the City Council approved Resolution No. 2018- 173, adopting an updated User Fee Schedule which includes fees related to a required police permit for massage establishments; and WHEREAS, the City Council finds that there is a current and immediate threat to the public health, safety, and welfare of the city and its residents resulting from the absence of a local ordinance that follows state mandates and prohibitions relating to massage establishments and technicians, and that the location of such establishments, and the issuance of permits and other entitlements for such establishments, would result in a threat to the public health, safety, and welfare if the City's massage regulatory ordinances were to be found invalid; and WHEREAS, the City Council finds it essential to protect the health, safety, and welfare of the citizens of the City of National City to enact an urgency ordinance consistent with State law, to allow legitimate massage establishments to do business in the City while also protecting the community from illegitimate businesses. NOW, THEREFORE, the City Council of the City of National City does hereby ordain as follows: Section 1. This urgency ordinance shall take effect immediately after its passage, and before the expiration of fifteen (15) days after its passage a summary or the ordinance in its entirety shall be published, with the names of the members voting for and against the same, once in a local newspaper of general circulation in the City of National City, State of California. Section 2. The temporary moratorium adopted on March 7, 2017 by City Council Ordinance No. 2017-2433, and extended by Ordinance Numbers 2017-35 on April 18, 2017 and 2018-2445 on February 6, 2018, is hereby terminated, effective immediately upon adoption of this Urgency Ordinance. Ordinance No. 2019- Page 3 of 11 Amending NCMC 18.30.030 January 22, 2019 & 18.50.010, and Adding 18.30.370 396 of 491 Section 3. This Ordinance is adopted as an urgency ordinance necessary for the immediate preservation of the public health, safety, and welfare within the meaning of section 36937 of the Government Code, and shall take effect immediately based on the following findings: (a) The City Council finds that there is a current and immediate threat to the public health, safety, and welfare of the city and its residents resulting from the absence of a local ordinance that follows state mandates and prohibitions relating to massage establishments and technicians, and that the location of such establishments, and the issuance of permits and other entitlements for such establishments, would result in a threat to the public health, safety, and welfare if the City's massage regulatory ordinances were to be found invalid; and (b) The City Council finds it essential to protect the health, safety, and welfare of the citizens of the City of National City to enact an urgency ordinance consistent with State law, to allow legitimate massage establishments to do business in the City while also protecting the community from illegitimate businesses. Section 4. If any portion of this Ordinance is found to be invalid, it is the intention of the City Council that the remaining valid provisions of the Ordinance be severed from the invalid provisions and remain in full force and effect. Section 5. The Table of Contents for Chapter 18.30 is amended by adding Section 18.30.370. Section 6. Title 18, Section 18.30.030 of the National City Municipal Code is hereby amended to read as follows: 18,30.030 Adult -oriented businesses. A. Purpose. 1. It is the purpose of this chapter to establish reasonable and uniform content -neutral regulations to decrease blight and crime by either dispersing adult -oriented businesses, or by shifting part of the burden of regulating such businesses to the private sector by placing them in locations which minimize the negative secondary effects of such businesses. 2. It is the intent of this chapter that these regulations be utilized to serve the substantial interest of the city in preventing problems of blight and deterioration which accompany and are brought about by adult -oriented businesses, which allowing reasonable alternative locations for those businesses. 3. In enacting this chapter, the city council is relying upon the experiences of the City of National City, and upon the experiences and studies of other municipalities concerning the deleterious effects of adult -oriented businesses, which this chapter is intended to curtail. B. Definitions. It is the purpose of this section to provide clear and concise definitions of those words, terms, and phrases most commonly utilized in the regulations and provisions of this chapter in order to assist in the uniform interpretation of such regulations and provisions and to insure uniformity in their application. Ordinance No. 2019- Page 4 of 11 Amending NCMC 18.30.030 January 22, 2019 & 18.50.010, and Adding 18.30.370 397 of 491 It is intended that the following words, terms and phrases, whenever used in this chapter, shall be construed as defined in the following subsections, unless from the context a different meaning is specifically defined and more particularly directed to the use of such words, terms, or phrases. It is also intended that those definitions and interpretations set forth in Section 1.04.010 and the glossary shall be used for purposes of uniformity of interpretation and application of the regulations and provisions of this chapter but only where they do not conflict with any definitions or interpretation set forth in this chapter. 1. "Specified anatomical areas" means and includes any of the following: a. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. 2. "Specified sexual activities" means and includes any of the following: a. The fondling or other touching of human genitals, pubic region, buttocks, anus, or female breast: b. Sex acts, normal or perverted, actual or simulated; or c. Masturbation, actual or simulated; or d. Excretory functions as part of or in connection with any of the activities set forth in this subsection. 3. "Adult bookstore" is an establishment that devotes more than fifteen percent of the total floor area utilized for the display of books and periodicals to the display and sale of the following: a. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, tapes, records or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or b. Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. c. An adult bookstore does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal stock -in -trade and does not devote more than fifteen percent of the total floor area of the establishment to the sale of books and periodicals. 4. "Adult motion picture theater" is an establishment, with a capacity of fifty or more persons, where, for any form of consideration, films, motion pictures, video cassettes, compact discs, digital video discs, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons. 5. "Adult mini -motion picture theater" is an establishment, with a capacity of more than five but less than fifty persons, where, for any form of consideration, films, motion pictures, video cassettes, compact discs, digital video discs, slides or similar photographic reproductions are shown, and in which a substantial portion of the total Ordinance No. 2019- Page 5 of 11 Amending NCMC 18.30.030 January 22, 2019 & 18.50.010, and Adding 18.30.370 398 of 491 presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons. 6. "Adult motion picture arcade," to include without limitation a peep show, is any place to which the public is permitted or invited wherein coin or slug -operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image -producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. The image -producing device or peep show device shall also include any other device by or through which electronic, video, photographic, cinematic, digital, or computer -generated images depicting specified anatomical areas or specified sexual activity defined by this section are or can be reflected or projected onto an external screen or be internally projected, generated or reflected onto a screen that is an integral part of the device itself. 7. "Adult drive-in theater" means an open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats, and presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons. 8. "Adult cabaret" is a night club, bar, restaurant, cabaret or similar establishment which may serve food or alcoholic or non-alcoholic beverages, or both, and which, for consideration, regularly features live performances or films, motion pictures, video cassettes, compact discs, digital video discs, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or the exposure of specified anatomical areas for observation by patrons or attendees. 9. "Adult motel" is a motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, compact discs, digital video discs, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. 10. "Adult theater" is a theater, concert hall, auditorium or similar establishment, either indoor or outdoor in nature which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified sexual activities or by exposure of specified anatomical areas for observation by patrons. 11. "Adult model studio" is any establishment open to the public where, for any form of consideration, one or more persons display or expose any portion of specified anatomical areas to be observed, sketched, drawn, painted, sculptured, photographed, videoed or be similarly viewed or depicted by any person, other than the proprietor, who pays a consideration to either the proprietor, an employee of the proprietor or the model. This definition shall also include, without limitation, a "lingerie modeling establishment." Ordinance No. 2019- Page 6 of 11 Amending NCMC 18.30.030 January 22, 2019 & 18.50.010, and Adding 18.30.370 399 of 491 a. This definition shall not apply to any school of art which is operated by an individual, firm, association, partnership, corporation or institution which meets the requirements established in the Education Code of the State of California for the issuance or conferring of, and is in fact authorized thereunder to issue and confer a diploma. 12. "Sexual encounter establishment" is an establishment, other than a hotel, motel or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may congregate, associate or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state of California engages in sexual therapy. 13. "Body painting studio" is an establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body when such body is wholly or partially nude in terms of specified anatomical areas. 14. "General motion picture theater" is a building or part of a building intended to be used for the specific purposes of presenting entertainment as defined in this chapter, or displaying motion pictures, slides or closed circuit television pictures before an individual or assemblage of persons, whether such assemblage be of a public, restricted or private nature, except a home or private dwelling where no fee, by way of an admission charge, is charged; provided, however, that any such presentations are not distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas in that any such depiction or description is only incidental to the plot or story line. 15. "Legitimate or live theater" is a theater, concert hall, auditorium or similar establishment which, for any fee or consideration, regularly features live performances which are not distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas in that any such depiction or description is only incidental to the primary purpose of the performance. 16. "General bookstore" is an establishment engaged in the buying, selling and/or trading of new and/or used books, manuscripts and periodicals of general interest. A general bookstore does not include an establishment that is encompassed by the definition of adult bookstore. 17. "School" is an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the state board of education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of learning under the jurisdiction of the state department of education, but it does not include a vocation or professional institution or an institution of higher education, including a community college. 18. "Establishing an adult -oriented business," as used in this chapter, means and includes any of the following: a. The opening or commencement of any such business as a new business; b. The conversion of an existing business, whether or not an adult - oriented business, to any of the adult -oriented businesses defined in this chapter; or Ordinance No. 2019- Page 7 of 11 Amending NCMC 18.30.030 January 22, 2019 & 18.50.010, and Adding 18.30.370 400 of 491 c. The addition of any of the adult -oriented businesses defined herein to any other existing adult -oriented business; or d. The relocation of any such business. 19, "Transfer of ownership or control," as used in this chapter, means and includes any of the following: a. The sale, lease, or sublease of an adult -oriented business; b. he transfer of securities which constitute a controlling interest in such business, whether by sale, exchange or similar means; or c. The establishment of a trust, gift or other similar legal device which transfers the ownership or control of such business, except for transfer by bequest or other operation of law upon the death of the person possessing such ownership or control. 20. "Sale and display of paraphernalia and literature commonly associated with the use of narcotics and controlled substances (headshops)" is an establishment or place where more than fifteen percent of the floor area in any room is used for the sale and display of such paraphernalia and literature, including but not limited to cocaine and sniffing kits, glass mirrors for cutting cocaine, snorting spoons and tubes, strainers to sift cocaine, water pipes (bongs), everyday items with special removable tops that have been converted to conceal narcotics and drugs, including simulated beer cans, oil cans and plastic photograph film vials, "roach clips" (for holding marijuana cigarettes), orbooks and magazines extolling the use of narcotics or controlled substances. Such a place is an adult -oriented business. This definition does not limit licensed pharmacies in selling and displaying paraphernalia that is medical equipment prescribed by licensed medical practitioners. 21. A "private viewing room" is an area separated from the sales or display area of the establishment by a curtain, wall, door, shade, or similar obstruction thus allowing the private viewing of video tapes, compact discs, digital video discs, movies, transparencies, films, or projectable motion pictures by customers at the establishments. 22. "Video cassette, compact disc, digital video disc sales, and rentals — adult" is the same as "adult bookstore." 23. "Video games —adult" are coin -operated electronic game machines having visual displays and animation that depict in any manner, any sort of activity characterized by exposure of "specified anatomical areas" or "specified sexual activities." 24. "Sexually oriented business" is any business in which: a. Specified sexual activity occurs or specified anatomical areas are exposed, or both, by a patron, attendee, employee or independent contractor for any form of consideration paid or furnished to the owner, proprietor, an employee of the owner or proprietor, or to an independent contractor at the location or premises; or b. Material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activity or specified anatomical areas, or both, is displayed, sold, or provided for consideration on a regular basis. 25. "Consideration," as used in this chapter, means a payment or transfer of money or other thing of value exceeding a total of one cent to an owner or proprietor, an employee of the owner or proprietor, or to a performer, independent contractor or entertainer at the establishment, without regard to: a. Any donative intent of the payer, transferor, or donor; b. The time of payment or transfer; or Ordinance No. 2019- Page 8 of 11 Amending NCMC 18.30.030 January 22, 2019 & 18.50.010, and Adding 18.30.370 401 of 491 c. Whether the payment or transfer was for admission to the establishment or for merchandise, food or beverage displayed or sold at or on behalf of that establishment. 26. "Lingerie modeling establishment" means an establishment where, for consideration and for viewing by a patron at that establishment, a person either: a. Wears and displays undergarments, lingerie, underwear and similar articles of intimate apparel which cover those areas which constitute specified anatomical areas; or b. Changes from one costume into another in the presence of a patron or patrons and thereby exposes one or more specified anatomical areas to that patron or patrons. This definition shall not, however, be construed so as to apply to a commercial retail or wholesale establishment that principally and customarily sells clothing and related wearing apparel and where specified anatomical areas are not exposed to customers during demonstration displays of merchandise for sale. C. Prohibitions. 1. No person or entity shall own, establish, operate, control or enlarge or cause or permit the establishment, operation, enlargement or transfer of ownership or control, except pursuant to Section 18.30.030(F), of any of the following adult -oriented businesses if such adult -oriented business is or would be within one thousand five hundred feet of another adult -oriented business, within one thousand five hundred feet of any school or public park within the city, or within one thousand feet of any residentially zoned property in the city: a. Adult bookstore; b. Adult motion picture theater; c. Adult mini -motion picture arcade (peep shows); d. Adult arcade; e. Adult drive-in theater; f. Adult cabaret; g. Adult motel; h. Adult theater; Adult model studio; j. Body painting studio; k. Any sexually oriented business; Adult video games; m. Adult video cassette sales and rentals; n. Sexual encounter establishments; o. Lingerie modeling establishment. 2. An establishment listed in this section shall not be established, operated, enlarged, or transferred unless the provisions of the zone in which the site or proposed site is located permit such a use. The conduct of such establishment and the use of premises shall otherwise comply with the Land Use Code and all other applicable regulations. 3. Nothing in this chapter prohibits the location of adult -oriented businesses within retail shopping centers in all commercial and major mixed -use zones wherein such activities will have their only frontage upon enclosed malls or malls isolated from their direct view from public streets, parks, schools, churches or residentially zoned property. 4. Sexual encounter establishments shall be permitted only upon the prior issuance of a conditional use permit. Ordinance No. 2019- Page 9 of 11 Amending NCMC 18.30.030 January 22, 2019 & 18.50.010, and Adding 18.30.370 402 of 491 5. The location of an adult -oriented business listed in subsection (C)(1) (with the exception of subsections (C)(1)k and (C)(1)o) within any new or existing retail center, as specified in subsection (C)(3), shall not require a conditional use permit. D. Measure of Distance. The required minimum distance between any two adult - oriented businesses shall be measured in a straight fine, without regard to intervening structures, from the closest exterior structural wall of each such business. The distance between any adult -oriented business and any public school, public parks or residential zoned land shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult -oriented business to the closest property line of the public school, public park, or residential zone. E. Development and Maintenance Standards..AII adult -oriented businesses hereafter commenced shall, in addition to compliance with the Land Use Code, comply with these specific requirements: 1. Signs. Except for theater marquee signs, changeable copy signs, temporary signs and small permanent signs are not permitted. In addition to the requirements of Section 18.62.020 for permit approvals, a!I sign permits shall be subject to review and approval by the planning commission. 2. Exterior Painting. Buildings and structures shall not be painted or surfaced with garish colors or textures or any design that would simulate a sign or advertising message. 3. Advertisements, displays of merchandise, signs or any other exhibit depicting adult -oriented activities placed within the interior of buildings or premises shall be arranged or screened to prevent public viewing from outside such buildings or premises. 4. No outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to an adult -oriented use is allowed 5. Upon order of the city manager, graffiti appearing on any exterior surface of a building or premises, which graffiti is within public view, shall be removed, and that surface shall be restored within seventy-two hours of notification to the owner or person in charge of the premises. 6. All exterior windows that are visible to the public must be opaquely covered. F. Exceptions. 1. Nothing in this section prohibits the transfer of principal ownership or control of adult -oriented uses permitted under Section 18.30.030(C)3 or 18.30.030(C)5. 2. Notwithstanding any other provision of this code to the contrary, the provisions of this chapter shall be applicable to all land within the city, including all redevelopment project areas now in existence or hereafter established. G. Other Regulations, Permits, or Licenses. 1. Effect. The provisions of this chapter do not waive or modify any other provision of this code. Adult -oriented businesses shall comply with all applicable provisions of law and this code. 2. Reference. This list is not all-inclusive and is inserted here for reference only; other applicable regulations include, but are not limited to the following chapters: H. Protection of Minors. Adult -oriented business shall not allow the admission of minors and shall otherwise comply with Chapter 10.62. An attendant shall be present at all times during hours of operation to deny admittance to minors. Ordinance No. 2019- Page 10 of 11 January 22, 2019 & 18.50.010, and Adding 18.30.370 Amending NCMC 18.30.030 403 of 491 Private Viewing Rooms. It is unlawful for any person or entity which is subject to the regulations of this chapter, and which sells or rents prerecorded video tapes, movies, transparencies, films, projectable motion pictures or equipment used for showing any or all of these items, to offer or allow the viewing of these materials in private viewing rooms, as defined in subsection (B)(22). J. Constitutional Severability. The city council declares that the invalidity of any section or portion of this chapter shall not affect the validity of any other remaining section or portion; that the city council would have adopted each of those remaining portions notwithstanding any later declared invalid. If any portion determined to be invalid can be severed or be judicially interpreted in a way that could harmonize it with the remaining provisions, then it may either be severed or be judicially interpreted and, as interpreted, be applied so as to give full purpose, meaning, and effect to the remaining provisions of this chapter. Section 7. Title 18 of the National City Municipal Code is hereby amended by adding Section 18.30.370 to read as follows: 18.30.370 Massage establishments. Massage establishments may be located in any zone where medical offices are permitted in accordance with Chapters 10.70 and 10.79. Section 8. Chapter 18.50 (Glossary) of the National City Municipal Code is hereby amended by amending Section 18.50.010 (Generally) to add the definition of "Massage" to read as follows: "Massage". See Municipal Code Sections 10.79 and 18.30.370. PASSED and ADOPTED this 22nd day of January, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Angil P. Morris -Jones City Attorney Ordinance No. 2019- Page 11 of 11 Amending NCMC 18.30.030 January 22, 2019 & 18.50.010, and Adding 18.30.370 404 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 405 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving the Squad Program as a permanent emergency service delivery model for the National City Fire Department. (Fire) Please scroll down to view the backup material. 405 of 491 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 22, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving the Squad Program as a permanent emergency service delivery model for the National City Fire Department. (Fire) PREPARED BY: Frank Parra DEPARTMENT: PHONE: ;619-336-4551 APPROVED BY: EXPLANATION: See Staff Report. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED:` 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 the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Staff Report 2. Resolution 406 of 491 CALIFORNJA -- NATIONAL Cif INCORYORJAIILD SQUAD PILOT PROGRAM - UPDATE 1/22/2019 PURPOSE This Staff Report reviews the one year Squad Pilot Program with the goal of continuing as a permanent enhanced service delivery model for the residents of National City. BACKGROUND In 2009, the City of National City retained the services of Citygate Associates, LLC to conduct a Fire Service Standards of Response Coverage Deployment Study. This comprehensive study provided several recommendations for emergency service delivery improvements. One of the primary findings of this study identified a coverage gap in the northeast section of our city. The Citygate study recommended adding a 3rd Fire Station to this affected area. Per Resolution No. 2016-145, the City Council authorized the development and implementation of a 1-year Squad Pilot Program designed to enhance public safety and the efficiency of the National City Fire Department. The Squad Pilot Program consisted of a medium duty response vehicle housed under a metal garage structure with mobile home trailer next to city -owned El Toyon Park Recreation Center within the northeast section of National City. The unit was staffed twenty four hours a day, seven days a week, by a two person crew. The unit was designed to provide advanced life support, limited fire suppression, incident command, and ancillary support functions during larger emergencies. The primary mission of the Squad was to provide an enhanced response capability to aid the residents of National City. The Squad was solely dedicated to National City and was not available for auto -aid responses into other jurisdictions. On October 10, 2017, the City placed in service a Squad operating out of a leased mobile home trailer as part of the Squad Pilot Program. This was in an effort to improve response times and emergency services to residents in this area of the city. ANALYSIS From October 10, 2016 to October 9, 2017, our average response times without the Squad for emergencies to the affected neighborhoods in the northeast section of the city were 4 minutes 51 seconds. From October 10, 2017 to October 9, 2018, our average response times with the Squad for emergencies to the affected neighborhoods in the northeast section of the city were 3 minutes 15 seconds. These times are a significant reduction of 1 minute and 36 seconds and clearly demonstrates that the coverage gap previously identified by the 2009 Citygate Study has been closed (See Table 1). 1 407 of 491 Table 1 Northeast Quadrant Average Response Time Comparison with/without Squad 33 Call Category FIRE RESCUE EMERGENCY MEDICAL RESPONSE URGENT MEDICAL RESPONSE NON -EMERGENCY MEDICAL RESPONSE HAZARD Overall National City Fire Department without Squad - Trucks and Engines Only Oct 10, 2016 - Oct 9, 2017 Number of Responses 51 5 Average Response Time 0:06:14 0:03:16 1189 99 120 66 3 0:04:47 0:05:24 0:03:47 0:04:24 0:07:40 National City Fire Department with Squad — Squad, Trucks and Engines Oct 10, 2017 - Oct 9, 2018 Number of Responses 142 9 1617 173 155 117 16 Average Response Time 0:03:50 0:04:13 0:03:09 0:02:57 0:03:06 0:04:18 0:04:33 1,533 0:04:51 2,229 0:03:15 Note: These average response times do not include a 90 second dispatch and turn out time. In addition, our fire department has also seen reductions in overall response times of 7 seconds for the entire City (See Table 2). This reduction in response times may not seem significant, but when you consider that our fire department responded to an additional 1,045 during the pilot period — 7 seconds is a significant reduction. Table 2 Citywide Average Response Time Comparison with/without Squad 33 Call Category RESCUE EMERGENCY MEDICAL RESPONSE URGENT MEDICAL RESPONSE NON -EMERGENCY MEDICAL RESPONSE HAZARD SERVICE Overall National City Fire Department without Squad - Trucks and Engines Only Oct 10, 2016 - Oct 9, 2017 Number of Responses 545 Average Response Time 46 0:05:23 0:05:50 5057 540 506 366 39 0:04:35 0:04:26 0:03:08 0:05:04 0:07:22 National City Fire Department with Squad — Squad, Trucks and Engines Oct 10, 2017 - Oct 9, 2018 Number of Responses 582 72 5806 559 598 Average Response Time 0:05:11 0:05:05 0:04:30 0:04:15 0:03:37 470 0:04:56 57 0:04:55 7,099 0:04:41 8,144 0:04:34 Note: National City Fire Department responded to an additional 1,045 emergency calls. These two factors have proven this service delivery model has shown a noticeable decrease in response times, thereby improving our overall emergency service response. Although the Citygate Study called for a 3rd Fire Station in the northeast section of the city, the Squad Program concept immediately saves the city approximately 4 to 5 million dollars in construction costs 2 408 of 491 of a new 3rd Fire Station through the use of a mobile home, on existing City property. This action will continue to show National City residents that the City Council is committed to fiscal responsibility and the prudent use of its tax dollars while improving public safety. GOALS OF THE SQUAD PILOT PROGRAM Enhance service delivery to the residents of National City - Decrease response times to the northeastern section of our city by 90 seconds Decrease overall City response times by 30 seconds Improve cardiac arrest survivability rates by decreasing patient down time prior to initiation of life saving interventions Maintain and enhance public satisfaction with the service delivery of our Fire Department Improve NCFD efficiency Increase minimum daily staffing from 11 to 13 firefighters Provide 13 National City firefighters on first alarm responses in National City Reduce mileage on more expensive department engines and trucks by 20% as a result of the Squad Program Lower fuel and maintenance costs for department engines and trucks FISCAL IMPACT Estimated costs for the Squad Pilot Program included the temporary promotions of three Fire Engineers to the rank of Fire Captain and three Firefighters to the rank of Fire Engineer was $37,646. In addition, maintaining daily staffing at a minimum of 13 personnel per day, inclusive of overtime was estimated to cost $112,354. (NOTE: the estimated overtime was based on the fire depai tuient being fully staffed with 39 personnel). The fire department lost two firefighters to other fire departments prior to the start of the Squad Pilot Program; therefore, the fire department only had 37 personnel instead of 39. Because these vacancies were not included in the initial squad -related overtime estimate, they were deducted from the overall overtime cost calculation. (See table below). Similarly, overtime for Battalion Chiefs and Engineers also was not included in our estimated or actual calculations, as they would have been part of our normal and customary overtime had we staffed the squad or not. Excluding the overtime costs associated with vacancies and the Battalion Chiefs and Engineer staffing, the overtime costs was $172,363.99. This total includes only the Captain and Firefighter ranks. Squad -Related Overtime Overtime to maintain daily staffing at 13 personnel $645,213 Less: Personnel cost savings as a result of 2 vacancies $339,905 Less: Battalion Chief & Engineer overtime $132,944 Overtime impact of approximately $172,364 The fiscal impact is a significant savings to the recommended 3rd fire station and once again shows the great relationship of labor/management, senior staff, and the on -going support of the City Council to invest in the public safety of its residents and visitors. 3 409 of 491 As previously presented, the Squad will result in the following one-time and ongoing costs: One-time Costs Mobile home trailer purchase, DIF funds — $49,680 plus applicable California sales taxes (applicable only if program is approved) Ongoing Costs (General Fund) • Facility maintenance and utilities' — $4,800 • Fuel and maintenance costs (vehicle)' — $1,5002 1 Via internal service charges 2 These costs are expected to be offset by lower fuel and maintenance costs of larger trucks and engines resulting from reduced use due to the squad program. As outlined above, should the City Council approve this pilot program, funding would come primarily from the General Fund. The costs of the Squad Program currently are not budgeted. Therefore, costs incurred for the program require new appropriations. Unless financed with debt or grant funds, new appropriations for the current fiscal year would require the use of available fund balance or reserves. STAFF RECOMMENDATION Adopt a Resolution authorizing staff to make permanent the Squad Program. 4 410 of 491 RESOLUTION NO. 2019 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE SQUAD PROGRAM AS A PERMANENT EMERGENCY SERVICE DELIVERY MODEL FOR THE NATIONAL CITY FIRE DEPARTMENT WHEREAS, in 2009, the City of National City retained the services of Citygate Associates, LLC, to conduct a Fire Service Standards of Response Coverage Deployment Study, which provided several recommendations for emergency service delivery improvements; and WHEREAS, because one of the primary findings of this study identified a coverage gap in the northeast section of the city, the Citygate study recommended adding a 3rd Fire Station to this affected area; and WHEREAS, on September 20, 2016, the City Council adopted Resolution No. 2016-145 authorizing the development and implementation of a 1-year Squad Pilot Program designed to enhance public safety and the efficiency of the National City Fire Department, and WHEREAS, the Squad Pilot Program consisted of a medium -duty response vehicle housed under a metal garage structure with a mobile home trailer next to City -owned El Toyon Park Recreation Center within the northeast section of National City staffed twenty-four hours a day, seven days a week, by a two person crew; and WHEREAS, the unit was designed to provide advanced life support, limited fire suppression, incident command, and ancillary support functions during larger emergencies to provide an enhanced response capability to aid the residents of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Squad Program as a permanent emergency service delivery model for the National City Fire Department. PASSED and ADOPTED this 22nd day of January, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Angil P, Morris -Jones City Attorney 411 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 412 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 #901, entitled "Management of Real Property" to clarify procedures for the disposition of surplus real property and for the sale, lease, and rental of City -owned real property. (Housing and Economic Development) Please scroll down to view the backup material. 412 of 491 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 22, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City amending City Council Policy #901, entitled "Management of Real Property" to clarify procedures for the disposition of surplus real property and for the sale, lease, and rental of City -owned real property. PREPARED BY: Carlos Aguirre, Housing & DEPARTMENT: Housing & Economic Economic Dev. Manager DevI pmen PHONE: 619 336-4391 APPROVED EXPLANATION: The City of National City is owner of substantial real property which is used for various municipal purposes. As public service needs change, the requirements for these properties may be revised and, on occasion, certain parcels may be in excess of the City's current need. This requires that each individual site be reviewed in terms of its potential for future public use, as well as its potential economic benefit to the City. It is the purpose of this policy 1) to establish a procedure by which unused and marginally used City -owned real estate is reviewed for its potential public use, and for designating unneeded parcels for lease or sale; 2) to provide methodology for the sale or exchange of City -owned real estate and 3) to establish policies for the leasing and rental of City -owned real property. FINANCIAL STATEMENT: ACCOUNT NO. N/A APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: The amendment to the Policy is not considered a project as defined by the California Environmental Quality Act (CEQA), and is therefore not subject to CEQA ORDINANCE: INTRODUCTION: ■ FINAL ADOPTION:II STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Current Policy No. 901 2. Draft Policy No. 901 3. Resolution 413 of 491 Attachment No. 1 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Sale of Surplus Real Property POLICY # 901 ADOPTED: June 19, 1984 AMENDED: August 14,1990 Purpose To establish a policy and procedure for the sale of surplus pro erty and use of the proceeds from that sale. Policy The following steps are to be followed to sale City -owned pie s of e • 1. Obtain other City Departments' comments for the sa` of the property. 2. Secure preliminary title reports for the property. 3. Prepare plats and legal descriptio for the property. 4. Request the City Council (Real Estate committee) to declare the property surplus and direct the staff to sell it. 5. If applicable, send a written offer to sell or lease the property to the other government agencies (Goverment Code Section 54222). 6. Order a letter of appraisal for the property from a licensed appraiser. 7. Order CLTA title insurance policy for the property to be sold. 8. Prepare the advertising and bid packages for the marketable properties, and request the City Council's approval to proceed with the advertisement of the marketable properties. 9. Advertise the sale of marketable properties. 10. Prepare a final report to the City Council providing information on the results of the bid opening or the negotiations. 11. Obtain approval from the City Council to enter into an escrow to sell the property. Unless otherwise specified in the offer, or in the bid package, the City will open a normal escrow where the City will pay for the cost of the title insurance, and one-half of the escrow fee. Page 1 of 2 414 of 491 Attachment No. 1 TITLE: Sale of Surplus Real Property POLICY # 901 ADOPTED: June 19, 1984 AMENDED: August 14,1990 The proceeds from the sale will be spent on beautification or improvement projects throughout the City. Related Policy References None Page 2 of 2 415 of 491 Attachment No. 2 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Management of Real Property POLICY # 901 (Sale, Lease, Rental, Surplus) ADOPTED: June 19,1984 AMENDED: January 22, 2019 Background: The City of National City is owner of substantial real property which is used for various municipal purposes. As public service needs change, the requirements for these properties may be revised and, on occasion, certain parcels may be in excess of the City's current need. This requires that each individual site be reviewed in terms of its potential for future public use, as well as its potential economic benefit to the City - The proceeds from the sale and lease of City -owned lands and the revet es generated from leases are normally utilized for General Fund purposes unless the property sold or leased belonged to a restricted progr Purpose: It is the purpose of this policy 1) to establish a procedure by which unused and marginally used City -owned real estate is reviewed for its potential public use, and for designating unneeded parcels for lease or sale; 2) to provide methodology for the sale or exchange of City -owned real estate and 3) to establish policies for the leasing of City - owned real property. Policy ASP It is the City's policy to manage its real estate assets so that municipal needs which rely on these assets may be properly implemented. It is not the City's policy to speculate in real estate. The City Council will review City -owned real estate not used for municipal purposes and determine the appropriate use of the property. Those properties not needed for either City or public use within the foreseeable future, may be made available for lease or sale. r. 416, ie The City shall optimize the sale price or lease rent from City -owned real estate based on relevant factors, including 1) an appraisal reflecting current market value when either a transaction or authorization to sell or lease is presented to the City Council, 2) prevailing economic conditions and market trends, and 3) any special benefits to accrue from the sale or lease. The City shall seek market value for its properties. Discounts will not be negotiated unless an extraordinary need or circumstance is recognized by Council Resolution setting forth the amount of the discount from appraised value and the public purpose served in justification of the discount. Page 1 of 13 416 of 491 Attachment No. 2 TITLE: Management of Real Property POLICY # 901 (Sale, Lease, Rental, Surplus) ADOPTED: June 19, 1984 AMENDED: January 22, 2019 City staff under the direction of City Manager shall prepare and present to the City Council a comprehensive Property Management Plan with periodic reviews as needed, and updates to the City Council. The Property Management Plan shall include an overall review of the City's real estate portfolio (or inventory), an operating plan for corporate property, a disposition plan for surplus property, market research to support anticipated transactions and a request for authority to act within defined parameters (as described in this policy). The major elements of the property management plan are to include' • Property evaluation and characterization of real estate assets • Strategy for City occupied real estate • Investment Portfolio Plan (leases to for -profit ten.: ®_ts) • Review of not -for -profit leases • Disposition Plan for surplus assets • Business Case development review to support ► _ c. sed transactions • Legal document development and review Procedure for sale of City owned Real A. Real Estate Review As part of an overall property management plan for the City's real estate assets, staff will review the City's property inventory to determine which properties are no longer needed for public facilities or to support the elements of the General Plan and whose disposition will provide a greater public benefit. A City -owned property may become available for sale if: • The property is not currently used by the City or does not support a municipal function. • The property is vacant and has no foreseeable use by the City. • The property is a non -performing or under -performing asset and greater value can be generated by its sale. • Significant economic development opportunities can be generated by selling the property. Factors to be considered in determining whether a property should be sold include: • Will the City be relieved of potential liabilities and/or cost of maintaining property that does not generate income or provide public benefit? • Property tax increment that will be created by returning the properties to the tax rolls. Page 2 of 13 417 of 491 Attachment No. 2 TITLE: Management of Real Property POLICY # 901 (Sale, Lease, Rental, Surplus) ADOPTED: June 19, 1984 AMENDED: January 22, 2019 • Stimulation of the economy by providing opportunities for private sector investment. • Generation of revenue. • The sale of the property will generate greater economic value than a ground lease, if a ground lease is a feasible option. B. Governmental Clearance Process Government Code Section 54222 requires that a local agency proposing to dispose of surplus property must first notify all governmental agencies operating within the City as to the availability of the property. The agencies are given 60 days to respond with an intent to acquire, if not, the property may be deemed cleared for public sale. Regarding the list of properties for sale: • Governmental agencies are regularly contacted as the surplus list is updated. • City departments are individualivicontacted as the surplus list is updated. • Council members are given a preliminary review and opp9jtunity to comment on foreseeable uses for the property. C. Approval Process • City -owned properties that have been identified bq'the City Manager as candidates for sale will be presented to the City Council for approval to be sold. If a property is of a type and location that would make a ground lease feasible, an economic analysis of the benefits of lease vs. sale will be conducted. • If City Council determines that the property may be sold, it shall authorize City Manager to sell the property for a price equal to or greater than a minimum price established by a current (less than six months old) appraisal. The authorization to sell the property will be valid for twelve months from the date of City Council action. • The City Manager or designee may enter into purchase and sale agreements, close escrows and execute and deliver grant deeds to the purchasers of the properties at prices equal to or greater than the minimum price approved by City Council on terms and conditions deemed reasonable, and in the City's best interests. • City Manager or designee will provide a report to the City Council, regarding the price, terms, and conditions of all transactions. • Properties that cannot be sold at a price equal to or greater than the minimum price approved by Council will be returned to Council for further consideration prior to disposition. Council approval will be required to sell a property at a price less than the minimum price previously approved by the City Council. Page 3of13 418 of 491 Attachment No. 2 TITLE: Management of Real Property POLICY # 901 (Sale, Lease, Rental, Surplus) ADOPTED: June 19, 1984 AMENDED: January 22, 2019 D. Method of Sale Properties may be sold by any method allowed by City Council Policy. This includes direct negotiation, request for proposal, listing with a broker, sealed bid, auction or other appropriate method as determined by the City Council. Possible method of sale for all properties will be included in the enabling resolution authorizing their sales. E. Marketing Properties offered for sale shall receive the widest possible exposure to the open market place. This may be accomplished through direct marketing techniques, such as requests for proposals (RFPs), advertising, exposure through the real estate media, posting the property on the multiple listing service or any other appropriate method. When appropriate, properties may be listed for sale with qualified real estate brokers. The authorization to utilize the services of a real estate broker will be contained in the enabling resolution. F. Real Estate Brokers Real estate brokers may be used to represent the City n tie sale of its properties. Brokers will be selected for individual assignments through Requests for Proposals (RFP) or Requests for Qualifications (RFQ) and a subsequent bid or other methods that result in the City receiving the services of a qualified broker at the best value to the City. The maximum approved commission rate will be contained in the enabling resolution for the property's sale. If the property is listed with a broker, the City reserves the right to exclude from the listing agreement potential buyers whose interest in purchasing a subject property has been made a part of the record prior to the execution of such agreement. G. Exclusively Negotiated Sales It will be the City's policy to insure the highest price for its real estate by pursuing open market transactions. However, on certain occasions, an exclusively negotiated sale may be justified as applicable and may be approved under one of the following conditions: 1. When a parcel is landlocked. 2. When the sale is to a contiguous owner. 3. When a fee interest in a pipeline or other right-of-way is no longer required, it may be sold to a contiguous owner. A restrictive pipeline easement of adequate width or other required easements will be reserved from said sale. 4. When other governmental, public and quasi -public agencies submit acquisition proposals a sale may be consummated. These agencies shall include but not be limited to: Federal, State, and County agencies; school districts, special districts, and regulated utility companies. Page 4 of 13 419 of 491 Attachment No. 2 TITLE: Management of Real Property POLICY # 901 (Sale, Lease, Rental, Surplus) ADOPTED: June 19, 1984 AMENDED: January 22, 2019 5. When qualified non-profit institutional organizations offer to purchase City -owned land, a negotiated sale may be consummated at fair market value providing there is: 1) a development commitment, and 2) a right to repurchase or a reversion upon a condition subsequent. Institutional organizations such as places of public assembly, hospitals, extended care facilities, private schools and community service organizations are required to develop under the City's conditional use permit procedure. 6. When a property has been offered by public auction and no acceptable bids were received, it may be sold on a negotiated basis to any applicant submitting an acceptable offer within six months following the date of auction.' 7. Real property exchanges may be consummated b direct negotiation. However, exchanges will be considered only with other governmental agencies or when there is an advantage to the City. H. Rezoning Prior to completion of the sales transaction, City land shall be considered for rezoning in accordance with the General Plan, existing community plans or other City Council direction if a higher sale price will result. Also, all unnecessary easements affecting title to the property shall e removed if this will result in a commensurate increase in value. I. Easements The City will receive current fair market value for the removal of restrictive easements or access rights previously paid for by the City or other governmental agency or reserved in a sale of City property. J. Priority Handling Since time is of essenc staff shall be given the land transactions, all such actions by the City Council and est priority and special handling. K. Public Utilities Installed by Private Entities The applicant for the use of unimproved City land for public purposes, such as streets, sewers, and other public utilities, shall compensate the City for the fair market value of the rights to be granted by the City. The amount of compensation shall be established by appraisal. Procedure for leasing City -owned Real Property The City of National City has a very diverse real estate portfolio. While the policies herein are to act as the standard that governs most leases, the City acknowledges that parts of its leasing portfolio have specialized needs or restrictions. In these cases, this policy will act as a framework for a sub -policy that will govern a specific area. Should a Page 5 of 13 420 of 491 Attachment No. 2 TITLE: Management of Real Property (Sale, Lease, Rental, Surplus) POLICY # 901 ADOPTED: June 19, 1984 AMENDED: January 22, 2019 conflict arise between the framework policy and the sub -policy, the sub -policy will govern. A. Criteria for Leasing A City property shall be considered for leasing when one or more ofhe following criteria apply: 1. The property is not required for current municipal use, but is to be held for possible future use and can be leased as an interim measure. 2. The property can only be leased because of legal restraints. For example, property held under Tideland trust grants or as dedicated parks. 3. The City requires substantial control overdevelopment, use and reuse of the property. 4. The property has the immediate potential of a high return to the City because of its high demand and type of use, such as commercial and industrial land. 5. The property can be efficiently utilized by a provider of services needed by the City. 6. The property can be leased to promote a substantial economic development opportunity. B. Property Mana ement Plan The City Council may approve the execution of lease transactions that meet the terms of the City's asset strategy for a particular property previously approved by City Council in an overall Property Management Plan. Negotiated transactions that fall outside of the parameters of an approved Property Management Plan either will be submitted individually for City Council approval, or deferred until the next periodic update and approval of the plan. Y C. Lessee Selection for New Leases Competitive offers for lease of City property shall be solicited from the open market place. This may be accomplished through a number of marketing techniques, such as Request for Proposals (RFPs), a marketing subscription system, direct advertising, use of a Multiple Listing Service (MLS), listing with a broker, posting the property and any other appropriate means. In certain limited situations, the City may exclusively consider a single proposal for lease of City property. Potential lessees wishing to exclusively negotiate with the City must submit for City staff review a business case with sufficient justification as to how it is capable of optimizing the use of the property and return to the City, thereby negating the need for a competitive process. This information will be included when the lease transaction is presented for City Council approval. Page 6 of 13 421 of 491 Attachment No. 2 TITLE: Management of Real Property POLICY # 901 (Sale, Lease, Rental, Surplus) ADOPTED: June 19, 1984 AMENDED: January 22, 2019 Leasehold proposals shall be evaluated in terms of: 1. The degree to which the proposed use is in compliance with the City's strategic plan for the property. 2. In terms of the amount of consideration offered in the form of rent. 3. In terms of the financial feasibility of the proposal. 4. The capability, expertise and experience of the potential lessee with respect to the proposed leasehold development and operation. r 5. If new development is proposed, a development plan that i es a description of the development team and its qualifications. 6. The details of each person or entity that will have an interest in th- posed lease 7. Special public benefits to be derived (if any). D. Rate of Return The City shall obtain fair market rents for its leases commensurate with the highest and best use of the property. The fair market rent shall be based on anwpraisal that complies with the definition of Market Rent found in the Uniform Standards of Professional Appraisal Practice (USPAP) published by the Appraisal Foundation. The appraisal shall be no more than six months old at the time the lease transaction is presented for City Council approval. If the cost of an appraisal is not justified by the anticipated rents, the City may choose an alternative method to establish rent. City leases shall contain terms and conditions which will lsustain a fair rate of return throughout the duration of the lease. E. Rental Terms Rental terms may be negotiated on the basis of fixed rates (flat rent leases) or percentages of the lessee's gross income derived from business conducted on the property, with a provision for a minimum rent on percentage leases. F. Percentage Leases Minimum Rent The minimum rent component for a new percentage lease shall be set at no less than eighty percent (80%) of the fair market rent as defined above. In certain cases, a portion of the minimum rent may be abated for new construction or redevelopment on the leasehold. The minimum rent shall be adjusted upward throughout the duration of the lease at intervals of not more than every five (5) years to reflect no less than eighty percent (80%) of the average annual rent actually paid or accrued during the three (3) years preceding the adjustment. In no event shall the adjusted minimum rent be less than the minimum rent in existence immediately preceding the adjustment. Page 7 of 13 422 of 491 Attachment No. 2 TITLE: Management of Real Property POLICY # 901 (Sale, Lease, Rental, Surplus) ADOPTED: June 19, 1984 AMENDED: January 22, 2019 Percentage Rates Percentage leases shall provide for adjustments of percentages rates every five (5) years to current fair market rates as established by appraisals of prevailing market percentage rates primarily within the Southern California r; a. G. Flat Rate Leases Market Rate Adjustments Flat rate leases shall provide for upward a current fair market rent. Consumer Price Index Adjustments Flat rate leases shall provide for upward adjustment of rent in the interval term between market rate adjustments by changes in the consumer price index. The index used for consumer price index adjustments will be the All Urban Consumers index for Los Angeles - Riverside - Orange County, California with a base year of 1982-84. If the U.S. Department of Labor indices are no longer published, another substitute index generally recognized as authoritative will be used. Flat rate leases may include pre -determined periodic increases to rent instead of consumer price index adjustments. These periodic increases would occur at least every five5) years. t of rent e = five (5) years to H. Rent Arbitration Leases can provide for binding arbitration when the City and lessee cannot agree on the new rent for a rental period under review. The City and lessee shall each select a professional independent real estate appraiser who in turn will select a third independent real estate appraiser to determine the fair market rent. If the two selected appraisers fail to mutually select a third appraiser, then the third appraiser will be appointed in accordance with the rules of the American Arbitration Association. The City and lessee shall pay the cost of its own selected appraiser and equally share the cost of the third appraiser. I. Appraisal Assumptions City leases shall include a definition of the fair market value to be used to adjust rent and an identification of the premise for that value. In establishing the fair market value of leased property, any appraisal shall consider the property as a fee simple absolute estate and as vacant and available for lease or sale for the authorized purposes of the lease at the commencement of the rental period under review. Rates established for purposes of periodic percentage rental adjustments shall not consider any abatement as may be appropriate in a "new" development of vacant land. It shall also be assumed that all Page 8 of 13 423 of 491 Attachment No. 2 TITLE: Management of Real Property POLICY # 901 (Sale, Lease, Rental, Surplus) ADOPTED: June 19, 1984 AMENDED: January 22, 2019 required regulatory approvals to permit the use authorized in the lease have been obtained. J. Lease Term Short -Term Lease The City Manager, at all times, shall have power, without advertising, notice, or competitive bidding, to lease any City property for a term of three (3) years or less (short-term lease). The City Council will be notified of a short-term lease not later than fifteen (15) days following its execution. A short-term lease may not be renewed without approval of the City Council. The City Manager, or designee may also execute rental agreements covering up to eighteen (18) ` months for tenant occupancy of City -owned residential housing. Long -Term Lease A lease in excess of three (3) years requires a resolution passed by a majority vote of all members of the City Council. The length of lease term shall be based on the level of capital improvements to be made by the lessee and the economic life expectancy of the development. These factors can be determined utilizing cost estimating and economic life expectancy resources such as tables provided by Marshall Valuation Service. The City may consider other relevant information in determining if a longer lease term is warranted, such as if the proposed leasehold development is expected to generate above average returns to the City or significantly improve the quality of the property. A lease shall not exceed 55 years unless the conditions setaforth in Government Code section 37380(b) are met, K. Lease Amendments Amendments to long-term leases require City Council approval. The City's agreement to an amendment may be contingent upon updating sections of the lease to incorporate current City standard lease provisions and an adjustment to fair market rent. L. Subleases A lessee may sublease all or part of the leased property to a qualified sub -lessee subject to approval by the City. No sublease shall be approved which would be detrimental to the City's rights under the master lease or for a use that is not consistent with uses allowed by the master lease. The City Manager may authorize subleases which meet these conditions and which do not require amendment of the master lease. Unless special circumstances Page 9 of 13 424 of 491 Attachment No. 2 TITLE: Management of Real Property (Sale, Lease, Rental, Surplus) POLICY # 901 ADOPTED: June 19, 1984 AMENDED: January 22, 2019 exist. Leases shall provide for the City to receive a minimum of fifty percent (50%) of the incremental gross rental revenues due to the lessee from subleases. M. Leasehold Financing The City will not subordinate its fee interest to encumbrances placed against any leasehold by a lessee. The City Council may approve appropriate financial encumbrances of the leasehold interest, which provide that all loan proceeds are used for authorized improvement of the property until the leasehold is fully developed in accordance with the lease. City staff shall take appropriate steps to review the proposed financing and insure that loan proceeds go into the leasehold. Maximum loan proceeds shall not be in excess of seventy-five percent (75%) loan -to -value, where "value" refers to the leasehold improvements, as determined by a lender's appraisal which has been reviewed and approved by City staff. The loan term shall not exceed the term of the lease. Loans or refinancing in the form of encumbrances against the lease for the purpose of reducing equity or financing the sale of leasehold interest will not be allowed until the property is fully developed for uses authorized in the lease. After the property is developed, such financing may be permitted so long as there is also substantial benefit to be gained by the City. This may take the form of either a percentage share of the loan proceeds or an upward adjustment to the rent. Either of which shall be based on commercially reasonabl e omp rabies found in the market. N. Leasehold Improvements Leasehold improvements installed by lessees shall be removed at the lease termination without cost to the City, or will revert to the City, at the City's option. All leasehold improvements and alterations require prior written approval of the City Council. O. Maintenance and Utilities Responsibility City leases shall require the lessee to maintain all improvements on the property at its own expense and be responsible for the cost of all utilities. Leases for multi -tenanted space shall include specific requirements delineating appropriate responsibilities. P. Lease Audits All percentage leases may be audited by the City's Finance Department in the first year of operation to establish proper reporting procedures and at least once every three (3) years thereafter. More frequent audits may be made if appropriate. The City shall reserve the right to audit all other leases and agreements subject to this Council Policy, if determined to be warranted by the City's Finance Department. Page l0 of 13 425 of 491 Attachment No. 2 TITLE: Management of Real Property POLICY # 901 (Sale, Lease, Rental, Surplus) ADOPTED: June 19,1984 AMENDED: January 22, 2019 Q. Leasehold Assignments Requests for assignment of leasehold interest shall be evaluated on the same basis as the criteria used in evaluating a leasehold proposal. The City Manager may authorize assignments which do not require amendment of the master lease. Consent may be contingent on the payment of additional consideration to the City, either as a percentage share of the purchase price of the leasehold interest or an upward adjustment to the rent. Either of which shall be based on commercially reasonable comparables found in the market. If new financing is involved in the sale, the requirements of 'Leasehold Financing' shall apply. R. Lease Extensions & Renewals •A> Requests from existing lessees for lease extensions or renewals may be considered if such proposals promote capital investment and redevelopment of City property. Whenever an existing lessee is seeking renewal of an expiring long-term lease that is not contemplated in a previously approved property management plan, the City Manager will bring the issue before the applicable City Council Committee with an appropriate recommendation. In addition to the criteria used to assess new lease proposals, City staff also will review the lessee's history with respect to: maintenance of the property; compliance with existing lease terms; prompt rent payments; and a rental return consistent with maximizing the property's full potential. r The lessee must propose capital investment that: will increase the value or the useful life of the leasehold improvements by an amount more than can be reasonably amortized over the remaining lease term; is not recurring in nature; and is at least ten percent (10%) or more of the value of the existing improvements. It specifically should exclude expenditures to correct deferred maintenance and expenditures for repairs to keep the existing improvements in good condition. The length of any extended lease term shall be calculated by the same method used for calculating the length of new leases. S. City's Interest in Leasehold Improvements City lease agreements provide the City the right to assume ownership of the leasehold improvements at the end of the lease. The value of the City's interest in the leasehold improvements can be appraised using widely accepted appraisal methods. In the event the City grants a lessee a lease extension, the City shall be compensated by an amount equal to the change in present value attributable to the deferral of its interest in the leasehold improvements. This amount either can be paid as an upfront payment at the beginning of the extended term or amortized over time with appropriate interest applied. The City shall offset from the value of its interest in the leasehold improvements any increased economic benefit derived from an extended lease. The City shall not receive any Page 11 of 13 426 of 491 Attachment No. 2 TITLE: Management of Real Property POLICY # 901 (Sale, Lease, Rental, Surplus) ADOPTED: June 19, 1984 AMENDED: January 22, 2019 compensation for its interest in the leasehold improvements on leases extended prior to the last twenty percent (20%) of the existing term. T. Leasing to Non- Profit Organizations It shall be the policy of the City Council to allow direct negotiation with nonprofit organizations for the use of City -owned lands for the purpose of providing the community with cultural, recreational, educational enrichment, and other public services to the citizens and visitors of National City. Relative to this policy the following will apply: 1. Available City property shall be leased at fair market value to nonprofit organizations when it is deemed by Council that appropriate public benefit will be derived. 2. The only discount in the land rental rate which will be considered is that which will be a direct offset to City expenditures. An example would be where the non- profit organization is constructing and operating a facility to provide a service that would otherwise be a recognized obligation of the City to provide. 3. Council approval of a prospective nonprofit organization's use of City -owned land shall be obtained prior to commencement of lease negotiations. 4. No lease will become effective until firm financial commitments have been obtained under an appropriate lease option arrangement. 5. Lessees will be required to construct, operate, and maintain the premises at their sole cost. 6. Lessees shall be incorporated nonprofit organizations under the laws of the State of California. 7. Development on parklands shall be in conformance with City park development plans, and construction shall comply with City park design criteria. 8. Lessees shall provide desired services and facilities to the general public without discrimination as to race, color, creed, sex, age, or national origin. 9. When leases permit revenue producing activities, some measure of rental compensation shall be paid to the City. However, this provision will not apply to occasional fund raising events provided the funds are used exclusively for the specified purpose(s) of the lease. 10. Properties with significant potential for commercial, industrial, or scientific research uses shall not be available for nonprofit use. 11. Subleases will be considered on their individual merits by the City and consistency with conditions placed upon the City. Fees generated from subleasing will belong to the City and be deposited with the City upon receipt by the Agency. Page 12 of 13 427 of 491 Attachment No. 2 TITLE: Management of Real Property POLICY # 901 (Sale, Lease, Rental, Surplus) ADOPTED: June 19, 1984 AMENDED: January 22, 2019 U. Security Deposits The standard security deposit for a new lease agreement shall be equivalent to two (2) month's rent. The security deposit may take the form of cash, an instrument of credit or a faithful performance bond. For a lessee making a substantial investment in improvements, the security deposit will be refunded up completion of the improvements. Related Policy References Government Codes: 37350 and 37380 Government Codes: 54200-54232, 54235-54237 Prior Policy Amendments August 14, 1990 Page 13 of 13 428 of 491 RESOLUTION NO. 2019 -- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CITY COUNCIL POLICY NO. 901, ENTITLED "MANAGEMENT OF REAL PROPERTY" TO CLARIFY PROCEDURES FOR THE DISPOSITION OF SURPLUS REAL PROPERTY AND FOR THE SALE, LEASE, AND RENTAL OF CITY -OWNED REAL PROPERTY WHEREAS, the City of National City is the owner of substantial real property that is used for various municipal purposes; and WHEREAS, as public service needs change, the requirements for these properties may be revised and, on occasion, certain parcels may be in excess of the City's current need, which requires that each individual site be reviewed in terms of its potential for future public use, as well as its potential economic benefit to the City; and WHEREAS, the purpose of Policy No. 901 entitled "Management of Real Property" is to 1) establish a procedure by which unused and marginally used City -owned real estate is reviewed for its potential public use, and for designating unneeded parcels for lease or sale; 2) provide methodology for the sale or exchange of City -owned real estate; and 3) establish policies for the leasing and rental of City -owned real property; and WHEREAS, amending Policy No. 901 will clarify procedures for the disposition of surplus real property and for the sale, lease, and rental of City -owned real property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that City Council Policy No. 901, entitled "Management of Real Property" is adopted as amended to clarify procedures for the disposition of surplus real property and for the sale, lease, and rental of City -owned real property. PASSED and ADOPTED this 22nd day of January, 2019. Aiejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalia, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 429 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 430 The following page(s) contain the backup material for Agenda Item: Notice of Decision — Planning Commission approval of a Conditional Use Permit for beer and wine sales at an existing restaurant (Los Tito's) located at 917 South Euclid Avenue. (Danny Damian) (Case File 2018-13 CUP) (Planning) Please scroll down to view the backup material. 430 of 491 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 22, 2019 AGENDA ITEM NO. ITEM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for beer and wine sales at an existing restaurant (Los Tito's) located at 917 South Euclid Avenue. (Danny Damian) (Case File 2018-13 CUP) PREPARED BY: Chris Stanley C.5 DEPARTMENT: Planning.; PHONE: 619-336-4381 APPROVED BY: EXPLANATION: The business has applied for a Conditional Use Permit (CUP) to sell beer and wine at an existing restaurant (Los Tito's). The proposed hours for the sale of beer and wine 10:00 a.m. to 10:00 p.m. Monday through Thursday, 8 a.m. to 11 p.m. Friday and Saturday, and 8 a.m. to 10 p.m. on Sundays. A Type 41 (On -Site Sale of Beer and Wine) license is concurrently being processed with the California Department of Alcoholic Beverage Control (ABC). The Planning Commission conducted a public hearing on December 17, 2018. Commissioners asked questions regarding business operations, hours of operation, and Police Department comments. The Commission voted to approve the CUP based on required findings and subject to Conditions of Approval, subject to hours of operation noted above. Two community members spoke in support of the application. The attached Planning Commission staff report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project per California Environmental Quality Act (CEQA). ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Quintero, Garcia, Flores, Yamane, Sendt, Baca Absent: DelaPaz ATTACHMENTS: 11. Overhead 3. Resolution No. 2018-21 2. Planning Commission Staff Report 4. Reduced Plans 431 of 491 1 2018-13 CUP — 917 South Euclid Avenue — Overhead ATTACHMENT 1 1 432 of 491 Title: CALIFORNIA NATIONAL CH' �NCORPORATE� CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Item no. 3 December 17, 2018 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR BEER AND WINE SALES AT AN EXISTING RESTAURANT (LOS TITO'S) LOCATED AT 917 SOUTH EUCLID AVENUE Case File No.: 2018-13 CUP Location: Northeast corner of Euclid Avenue and East 8th Street Assessor's Parcel Nos.: 558-010-55 Staff report by: Chris Stanley, Acting Assistant Planner Applicant: Danny Damian (City Heights Food Services Corp.) Zoning designation: MXD-1 (Minor Mixed -Use District) Adjacent zoning: North: Commercial use / MXD-1 East: Summercrest Apartments / RM-2 (High Density Multi -Unit Residential) South: Commercial use / MXC-1 (Minor Mixed -Use Corridor) West: Commercial use across Euclid Avenue / MXC-1 & MXD-2 (Major Mixed -Use District) Environmental review: Not a project per California Environmental Quality Act (CEQA) Staff recommendation: Approve ATTACHMENT 2 2 433 of 491 Planning Commission Meeting of December 17, 2018 Page 2 Staff Recommendation Staff recommends approval of the on -site sale of beer and wine at an existing restaurant, "Los Tito's", subject to the attached recommended conditions. The sale of alcohol is conditionally allowed in the Minor Mixed -Use District zone and would be accessory to the restaurant. Staff is suggesting alcohol sales hours consistent with recent alcohol CUP (Conditional Use Permit) approvals. Executive Summary The business has applied for a CUP to sell beer and wine at an existing restaurant (Los Tito's). The hours for the sale of beer and wine, as proposed by the applicant, are 10:00 a.m. to 10:00 p.m. Monday through Thursday and 8:00 a.m. to 11:00 p.m. Friday through Sunday. A Type 41 (On -Site Sale of Beer and Wine) license is concurrently being processed with the California Department of Alcoholic Beverage Control (ABC). Site Characteristics The project location is an existing 1,342 square -foot suite located at 917 South Euclid Avenue; the property is known as Euclid Plaza. The suite shares an existing commercial building with businesses to the north (Metro PCS) and south (Firestone Tires). An apartment complex (Summercrest Apartments) is located directly east of the property. Another commercial plaza exists south of Plaza Blvd. and west across Euclid Ave. The commercial plaza (Euclid Plaza) continues north of Los Tito's with major commercial tenants such as Walgreens and Vallarta Supermarket. Proposed Use The applicant is proposing to sell beer and wine at the existing restaurant, which is located in a suite of an existing commercial building. The floor plan provided with this application shows eight tables with four seats per table for a total of 32 seats, as well as three booths, with four seats each, for a total of 12 seats. Alcohol would be delivered to the table upon request and would only be available with the sale of food. Proposed alcohol sales hours are from 10:00 a.m. to 10:00 p.m. Monday through Thursday and 8:00 a.m. to 11:00 p.m. Friday through Sunday. No live entertainment is proposed. Analysis Section 18.30.050 of the Land Use Code allows for on -site alcohol sales with an approved CUP. Additional requirements for alcohol CUPs include expanded notification, a community meeting, and distance requirements. 3 434 of 491 Planning Commission Meeting of December 17, 2018 Page 3 Mailing - All property owners and occupants within a distance of 660 feet are required to be notified of a public hearing for alcohol -related CUP applications. Notice of this public hearing was sent to 892 occupants and owners. Community Meeting - Pursuant to Section 18.30.050 (C) of the National City Zoning Code, a community meeting was held Wednesday, November 21, 2018 at 6:00 p.m. at the subject restaurant. The meeting advertisement is attached. There were no community members in attendance. According to the applicant, the same 892 occupants and owners were notified. Distance Requirements - Chapter 18.030.050 (D) of the National City Zoning Code requires a 660-foot distance from sensitive uses such as schools (Kindergarten through 12th grade); no such uses exist within the required distance. Alcohol Sales Concentration/Location - Per State ABC, there are currently three on -sale licenses in this census tract (120.02) where a maximum of four are recommended. For reference, the alcohol outlets in the census tract are: Name Address License Type* CUP Closing Hours Gapo Resto & Karaoke 933 S. Harbison Ave. 41 - 12:00 a.m. Tita's II Restaurant 3421 E. Plaza Blvd. 41 Y 12:00 a.m. The Ace Crab 3403 E. Plaza Blvd. 41 Y 10:00 p.m. * Type 41 — On -Sale Beer and Wine for Bona Fide Public Eating Place The three licenses are all restaurants. Census tract 120.02 includes the area south of East 8th Street, north of East Plaza Boulevard, east of the 805 freeway, and west of Manchester Street. The attached census tract map shows the location of the subject tract (Attachment 6). Hours of Operation The hours of operation for the existing license holders range from 10:00 a.m. to 12:00 a.m. for the varying properties. Recent alcohol sales hours have been between 10:00 a.m. and 10:00 p.m. IPS recommends that the serving of alcohol not be permitted after 10:00 p.m. The Police Department rates the sale of alcohol after 11:00 p.m. as a "three" on their rating system, which usually indicates a high risk. With both the Police Department and IPS (Institute for Public Strategies) comments in mind, staff is recommending alcohol sales hours of 10:00 a.m. to 4 435 of 491 Planning Commission Meeting of December 17, 2018 Page 4 10:00 p.m. Monday through Thursday and 8:00 a.m. to 10:00 p.m. Friday to Sunday. Recommended conditions reflect the hours recommended by staff. IPS IPS provided comments recommending that owners, management, and staff be required to attend RBSS (Responsible Beverage Sales and Service) training as well as the sale of beer and wine ceasing by 10:00 p.m. The RBSS training is a standard condition of City Council Policy 707 and is included as a condition of approval. Police Department (PD) The ABC Risk Assessment provided by PD allocated a total of 13 points, which places it in the Medium Risk category. Medium risk is considered 13 to 18 points (Attachment 9). Findings for Approval The Municipal Code contains six required findings for CUPs as follows: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code. The use is allowable within the Minor Mixed -Use District zone pursuant to a CUP, and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan. Alcohol sales are permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. A restaurant use is consistent with the Minor Mixed -Use District land use designation contained in the Land Use and Community Character element of the General Plan. In addition, the property is not within a Specific Plan area. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity. 5 436 of 491 Planning Commission Meeting of December 17, 2018 Page 5 No expansion of the building is proposed. The proposal involves an existing restaurant in an existing commercial space, which was already analyzed for traffic impacts when it was constructed. In addition, because the sale of alcohol would be accessory to the sale of food, no measurable increase in traffic is expected. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The proposed alcohol sales would be accessory to a restaurant use, which is located in an existing commercial area. The addition of alcohol sales is not expected to increase the demand for parking on the property. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. The proposed use will be subject to conditions that limit the sale of beer and wine as well as the hours that it will be available; no beer or wine will be sold after 10:00 p.m. and will only be available with the sale of food. In addition, all business staff is required to receive RBSS training. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA). The project is not considered a project under CEQA, as no development is proposed. In addition, the proposed use is similar to other commercial uses in the area, which are permitted by right in the mixed -use zones. Given that there is no calculable increase in traffic and no other impacts are anticipated, staff is of the opinion that the project would not result in any physical changes to the environment. The following two conditions are also included with alcohol CUPs: 7. The proposed use is deemed essential and desirable to the public convenience or necessity. 6 437 of 491 Planning Commission Meeting of December 17, 2018 Page 6 In this case, alcohol sales would contribute to the viability of the restaurant, an allowed use in the Minor Mixed -Use District zone. 8. Based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. Findings for Denial Due to there being other on -sale sites in the area, there are also findings for denial as follows: 1. The proposed use is not deemed essential to the public necessity, as there are three other restaurants in census tract 120.02 that already serve beer and wine. 2. Based on finding 1 above, public convenience and necessity will not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as conditions specific to on -sale alcohol sales per City Council Policy 707 (alcohol incidental to food, hours of operation, RBSS training, etc.). Summary The proposed use is consistent with the General Plan due to alcohol sales for on - site consumption being a conditionally -allowed use in the Minor Mixed -Use District. The proposed use would be accessory to the existing restaurant use in a commercial area. The addition of alcohol sales is not expected to increase the demand for parking, other services on the property, or have any significant effects on the area. 7 438 of 491 Planning Commission Meeting of December 17, 2018 Page 7 Options 1. Approve 2018-13 CUP subject to the conditions listed below, based on the attached findings, or findings to be determined by the Planning Commission; or 2. Deny 2018-13 CUP based on the attached finding or findings to be determined by the Planning Commission; or, 3. Continue the item to a specific date in order to obtain additional information. Attachments 1. Recommended Findings 2. Recommended Conditions of Approval 3. Overhead 4. Applicant's Plans (Exhibit A, Case File No. 2018-13 CUP, dated 6/21/2018) 5. Public Hearing Notice (Sent to 892 property owners & occupants) 6. Census Tract & Police Beat Map 7. Community Meeting Advertisement / Sign -In Sheet 8. City Council Policy 707 9. Police Department Comments 10. Resolutions CHRIS STANLEY RAYMOND PE Acting Assistant Planner Acting Planning Director 8 439 of 491 RECOMMENDED FINDINGS FOR APPROVAL 2018-13 CUP — 917 South Euclid Avenue 1 The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because alcohol sales for on -site consumption is a conditionally allowed use in the Minor Mixed Use District zone. 2. The proposed use is consistent with the General Plan. Alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan. In addition, a restaurant use is consistent with the Minor Mixed -Use land use designation contained in the Land Use and Community Character (LU) element of the General Plan. Furthermore, the property is not within a Specific Plan area. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion is proposed, and the use would be accessory to the existing restaurant in the commercial area. 4. The site is physically suitable for the type, density, and intensity of the use being proposed, including access, utilities, and the absence of physical constraints, because the restaurant is existing and the proposed alcohol sales would be accessory to the restaurant use. The sale of alcohol is not expected to increase the demand for parking on the property. 5. Granting the permit would not constitute a nuisance, be injurious, or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use will be subject to conditions that limit the sale of alcohol and the hours that it will be available; no alcohol will be sold after 10 p.m. and will only be available with the sale of food; all business staff is required to receive Responsible Beverage Service & Sales (RBSS) Training. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act, and because there is no development, it has been determined that the proposed use is not a project per the Act; there is no calculable increase in traffic and no other impacts are anticipated. The project would not result in any physical changes to the environment. 9 440 of 491 7. The proposed use is deemed essential and desirable to the public convenience or necessity because beer and wine sales would contribute to the viability of the restaurant, an allowed use in the Minor Mixed -Use District zone. 8. Based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED FINDINGS FOR DENIAL 2018-13 CUP — 917 South Euclid Avenue 1. The proposed use is not deemed essential to the public necessity, because there are three other restaurants in census tract 120.02 that serve beer and wine. 2. Based on the above finding, public convenience and necessity will not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 10 441 of 491 RECOMMENDED CONDITIONS OF APPROVAL 2018-13 CUP — 917 South Euclid Avenue General 1. This Conditional Use Permit authorizes the sale of beer and wine for on -site consumption at an existing restaurant located at 917 South Euclid Avenue. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2018-13 CUP, dated 6/21/2018. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Deputy City Manager prior to recordation. 3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval. Planning 6. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 11 442 of 491 7. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgement to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 8. Alcohol shall be available only in conjunction with the purchase of food. 9. The sale of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. and 10:00 p.m. Monday through Thursday and 8:00 a.m. and 10:00 p.m. Friday through Sunday. 10. This permit does not include live entertainment. If in the future the applicant chooses to add live entertainment, the Conditional Use Permit shall be amended through the Discretionary Permit process. 12 443 of 491 +r CALIFORNIA +- A iI.ONALM it 'NQORPORATE� CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT AN EXISTING RESTAURANT (LOS TITO'S) LOCATED AT 917 SOUTH EUCLID AVENUE CASE FILE NO.: 2018-13 CUP APN: 558-010-55 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, December 17, 2018, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Danny Damian) This application has been submitted for Planning Commission consideration. The project site is an existing restaurant in the Minor Mixed -Use District (MXD-1) zone. The applicant is proposing to sell beer and wine for on -site consumption (Type 41 License) in the 1,300 square -foot commercial space. The proposed alcohol sales hours are 10:00 a.m. to 10:00 p.m. Monday to Thursday and 8:00 a.m. to 11:00 p.m. Friday to Sunday. Information is available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received on or before 12:00 p.m., December 17, 2018 by the Planning Department, who can be contacted at 619-336-4310 or planning@nationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT RAYMOND PE Acting Planning Director 13 444 of 491 August 25, 2014 CensusTracts 2010 1:45,467 0 0.375 0.75 I i t 0 0.5 1 2 km 1.5 mi Sources: Esri, HERE, DeLonne, TomTcm, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, Mapmylndia, OpenStreelMap contributors, and the GIS User Community 445 of 491 Z.St-- - r Henderson v Recreation Center so --Boston Ave n cO Palin St Coban 5.4 �fi �Q rn Reynolds St ' `r v —1_1!1,1 Sofola Are San Diego Magnus t m t N Beta St Beta St . 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Teler tIas and Tele Atlas North America are trademarks of Tele Atlas, Inc. } 1 _. Q N 6t v y £ A9tt 5¢�cto API sty 4 0se Va11ey a SL .1 N ��G N 't Y y 6— t stew m Rfle,°ka Source: Microsoft MapPoint NCPD CAU, 4/18/07 City of National City Beat 21 15 446 of 491 November 14, 2018 Dear Resident / Business Owner - You are cordially invited to attend a community meeting regarding a Conditional Use Permit (CUP) with the city of National City by City Heights Food Services Corp. (Doing Business As - Los Titos Mexican Food Restaurant) for a California Department of Alcoholic Beverage Control (ABC) Type-41 license (beer and wine) to compliment their existing restaurant. Wednesday, November 21, 2018 6:OOpm to 7:00pm City Heights Food Services Inc. dba - Los Titos Mexican Food Restaurant 917 Euclid Avenue National City, CA 91950 The applicant will provide an overview of their request and have a question and answer session shortly thereafter. If you have any questions please feel free to contact Marco Cortes at (619) 852-4690 (or at marco@cortescommunications.com). 16 447 of 491 SIGN -IN -SHEET PROJECT: Conditional Use Permit / ABC Type-41 License Request Community Meeting Wednesday, November 21, 2018 6:00pm — 7:00pm City Heights Food Services Inc. dba - Los Titos Mexican Food Restaurant 917 Euclid Avenue National City, CA 91950 NAME ADDRESS SIGNATURE 17 448 of 491 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: July 17, 2018 Page 1 of 5 PURPOSE/BACKGROUND: To streamline the process of alcohol license application review to ensure timely staff responses and/or protests to the Department of Alcoholic Beverage Control regarding these applications. The City Municipal Code requires Conditional Use Permits for the sale of alcohol. Such land use regulation is designed to ensure that the health, safety and welfare of the community does not become negatively impacted. In order to minimize any potential adverse effects of alcohol sales for both on and off -site consumption, including public drunkenness, disorderly conduct, illegal sales or domestic violence, the City adopts conditions of approvals and enact policies designed to protect the public from such effects. The following sets forth the City Council's policy on the applicable alcohol standards for Conditional Use Permit applications for both on and off -sale alcohol sales, as well as the Department of Alcoholic Beverage Control application notification requirements. POLICY: The Department of Alcoholic Beverage Control (ABC) sends copies of all alcoholic beverage license applications to the Police Department. The City has thirty days from the date of the ABC mailing to provide comments to the ABC. If no protests are received within that time period, the ABC issues the license. The Police Department is responsible for ensuring that an appropriate Conditional Use Permit (CUP) exists for the applicant business. If such a CUP exists, the copy of the application is simply filed by the Police Department in the existing file with the notation that there were no objections to the issuance of the license. If it is a new (in the case of an "original" license application) or expanding business or one seeking a license to effect a premises transfer, and no CUP exists, the Police Department is responsible for sending a letter to the ABC protesting the issuance of the license until a CUP is issued by the City. Whenever such a protest letter is sent to the ABC, that agency notifies the applicant that they must begin the process of obtaining a CUP with the City's Planning Division and that the issuance of the alcoholic beverage license will be delayed until such time as the protest is withdrawn. 18 449 of 491 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: July 17, 2018 Page 2 of 5 Once a CUP has been issued, the Planning Division notifies the Police Department of that issuance and it is then the responsibility of the Police Department to notify the ABC that the protest is withdrawn. The CUP application, approval and issuance process is such that it provides all the checks, balances and controls necessary to ensure that businesses seeking alcoholic beverage licenses are in compliance with local standards. These conditions of approval shall apply to all new Conditional Use Permits (CUPs) for the sale of alcohol for on and/or off -site consumption and modifications of existing CUPs for such sales as specified by the preceding parenthetical references with each condition. These references specify to which type of alcohol CUP being applied for the conditions would apply to — on -sale (restaurant, bar, etc) or off -sale (market, grocery store, etc). Regulation of these conditions and allowances shall be enforced through the Conditional Use Permit process, specifically conditions of approval to read as follows 1. (off -sale alcohol) The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 2. (off -sale alcohol) No beer products shall be sold of less than manufacturer's pre- packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. 3. (off -sale alcohol) No sale of wine shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 4. (off -sale alcohol) Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's pre- packaged multi -unit quantities. 5. (off -sale alcohol) The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 6. (off -sale alcohol) All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. CITY OF NATIONAL CITY 19 450 of 491 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: July 17, 2018 Page 3 of 5 7. (off -sale alcohol) Ice may be sold only at or about prevailing prices in the area and in quantities of not Tess than three pounds per sale. Ice shall not be provided free of charge. 8. (off -sale alcohol) The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit , Case File No. , dated 9. (off -sale alcohol) Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Division, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not Tess than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 10. (off -sale alcohol) Containers of alcohol may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 11. (off -sale alcohol) Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 12. (off -sale alcohol) The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 13.(on and off -sale alcohol) All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part - CITY OF NATIONAL CITY 20 451 of 491 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: July 17, 2018 Page 4 of 5 - of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 14. (on -sale alcohol) The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 15. (on -sale alcohol) Alcohol shall be available only in conjunction with the purchase of food. 16. (on -sale alcohol with patio) Permittee shall post signs in the patio dining area, including all exits to outdoor seating areas, indicating that alcoholic beverages must be consumed inside the restaurant or patio area and may not be taken off -premises. 17. (tasting rooms) The requirements that alcohol be available only with the purchase of food and that alcohol sales not exceed food sales shall not apply to tasting rooms. 18.(tasting rooms) Sales of sealed bottles or containers (commonly known as growlers) for off -site consumption of the product manufactured by the master licensee may be sold and/or consumed at this location. 19. (tasting rooms) Hours of operation of tasting rooms shall be limited to between 10:00 a.m. to 10:00 p.m. with last call being at 9:00 p.m. 20. (tasting rooms) With the submittal of a business license for a tasting room, the Police Department shall provide an ABC Risk Assessment for each business applicant that indicates whether the business is considered a low, medium, or high risk. In the event that a risk assessment for the business allocates or more than 15 points, no business license shall be issued without the issuance of a Conditional Use Permit. CITY OF NATIONAL CITY 21 452 of 491 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: July 17, 2018 Page 5 of 5 The sale of three -packs of 24-oz cans of beer shall apply retroactively to all existing off -sale CUPs where a condition exists limiting sales to no less than six-pack quantities. However, business wishing to avail themselves of this modification must conform with all regulations of the Department of Alcoholic Beverage Control (ABC). The Council may, at its sole discretion, choose to waive or modify any of the above conditions. CITY OF NATIONAL CITY 22 453 of 491 NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 07/02/2018 BUSINESS NAME: Los Tito's Tacos ADDRESS: 917 S. Euclid Avenue, National City, CA 91942 OWNER NAME: Danny Damian OWNER ADDRESS: 515 Paseo Burge, Chula Vista DOB: 07/18/1981 (add additional owners on page 2) I. Type of Business ✓ Restaurant (1 pt) Market (2 pts) Bar/Night Club (3 pts) Tasting Room (1 pt) II. Hours of Operation Daytime hours (1 pt) Close by 11pm (2 pts) ,/ Close after 1 1pm (3 pts) III. Entertainment Music (1 pt) Live Music (2 pts) Dancing/Live Music (3 pts) ,/ No Entertainment (0 pts) IV. Crime Rate ✓ Low (1 pt) Medium (2 pts) High (3 pts) V. Alcohol Businesses per Census Tract Below (1 pt) ✓ Average (2 pts) Above (3 pts) Notes: V. Tract 120.02 allows for 4 on sale and 2 off sale. 3 on sale licenses are currently active in this tract. VIII. Arrested for disorderly conduct/ obstructing an officer in 2009. Arrested for fraud in 2010. DMV record shows driver license was suspended in 2009 for DUI. On 03/03/2012 Damian was contacted by police in La Mesa after he was in a speeding car flipping officers off with his middle finger. Revised: 8/16 1 of 2 23 454 of 491 National City Police Department VI. Calls for Service at Location (for previous 6 months) Below (1 pt) ,/ Average (2 pts) Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) ,/ Mostly commercial businesses (1 pt) Some businesses, some residential (2 pts) Mostly residential (3 pts) VIII. Owner(s) records check No criminal incidents (0 pts) Minor criminal incidents (2 pts) ,/ Multiple/Major criminal incidents (3 pts) ABC Risk Assessment Low Risk ( 12pts or less) Medium Risk (13— 18pts) High Risk (19 — 24pts) Total Points 13 OWNER NAME: DOB: OWNER ADDRESS: OWNER NAME: DOB: OWNER ADDRESS: Recommendation: Completed by: S. Shephard Revised: 8/16 2 of 2 Badge ID: 0402 24 455 of 491 RESOLUTION NO. 2018-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA APPROVING A CONDITIONAL USE PERMIT FOR BEER AND WINE SALES AT AN EXISTING RESTAURANT (LOS TITO'S) LOCATED AT 917 SOUTH EUCLID AVENUE. CASE FILE NO. 2018-13 CUP APN: 558-010-55 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the on -site sale of beer and wine at an existing restaurant for a property located at 917 South Euclid Avenue at a duly advertised public hearing held on December 17, 2018, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2018-13 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on December 17, 2018, support the following findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because alcohol sales for on -site consumption is a conditionally allowed use in the Minor Mixed Use District zone. 2. The proposed use is consistent with the General Plan. Alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan. In addition, a restaurant use is consistent with the Minor Mixed -Use land use designation contained in the Land Use and ATTACHMENT 3 25 456 of 491 Community Character (LU) element of the General Plan. Furthermore, the property is not within a Specific Plan area. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion is proposed, and the use would be accessory to the existing restaurant in the commercial area. 4. The site is physically suitable for the type, density, and intensity of the use being proposed, including access, utilities, and the absence of physical constraints, because the restaurant is existing and the proposed alcohol sales would be accessory to the restaurant use. The sale of alcohol is not expected to increase the demand for parking on the property. 5. Granting the permit would not constitute a nuisance, be injurious, or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use will be subject to conditions that limit the sale of alcohol and the hours that it will be available; no alcohol will be sold after 10 p.m. and will only be available with the sale of food; all business staff is required to receive Responsible Beverage Service & Sales (RBSS) Training. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act, and because there is no development, it has been determined that the proposed use is not a project per the Act; there is no calculable increase in traffic and no other impacts are anticipated. The project would not result in any physical changes to the environment. 7. The proposed use is deemed essential and desirable to the public convenience or necessity because beer and wine sales would contribute to the viability of the restaurant, an allowed use in the Minor Mixed -Use District zone. 8. Based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions: 26 457 of 491 General 1. This Conditional Use Permit authorizes the sale of beer and wine for on -site consumption at an existing restaurant located at 917 South Euclid Avenue. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2018-13 CUP, dated 6/21/2018. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Deputy City Manager prior to recordation. 3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval. Planning 6. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 7. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to 27 458 of 491 examine, audit and inspect such books and records of the license, as may be necessary in their judgement to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 8. Alcohol shall be available only in conjunction with the purchase of food. 9. The sale of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. and 10:00 p.m. Monday through Thursday, 8:00 a.m. to 11:00 p.m. Friday through Saturday, and 8:00 a.m. to 10:00 p.m. Sunday. 10. This permit does not include live entertainment. If in the future the applicant chooses to add live entertainment, the Conditional Use Permit shall be amended through the Discretionary Permit process. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of December 17, 2018, by the following vote: AYES: Quintero, Baca, Sendt, Yamane, Garcia, Flores NAYS: None. ABSENT: Dela Paz ABSTAIN: None. CHAIRPERSON 28 459 of 491 REVISIONS BLDG.A WALGREENS PLEBS SF �I .III (ACC 1_I-f U Rl I�I �Ii i P i f l I:� .eesal.e w S.Aces .' av-a srr3 nPACRs'= tone b �I �I y1' Pun . , eao4ER -'-'mn,E d tAw_ poCE 0S0N0) BLOG..m BLOCKBUSTER S.OSO SF MEESdi) E BLDG E CLOSE VIEW rung C' TIRE SHOE 5.59S se amMETMA. as ,. -.. E PLAZA BLVD. i SITE PLAN EXHIBIT; A CASE FILV / 1.01g -13 I T�! 6-21-)6 NOTE: WHERE ACCESS TO 0R WITHIN A STRUCTURE OR AN AREA IS RESTRICTED BECAUSE OF SECURED OPENINGS OR WHERE IMMEDIATE ACCESS IS NECESSARY FOR LIFE-SAVING OR FIRE- FIGHTING PURPOSES, THE FIRE CODE OFFICIAL IS AUTHORIZED TO REQUIRE A KEY BOX TO 6E INSTALLED IN AN APPROVED LOCATION. THE KEY BOX SHALL BE OF AN APPROVED TYPE AND SHALL CONTAIN KEY(S) TO GAIN NECESSARY ACCESS AS REQUIRED REQUIRED BY THE FIRE CODE OFFICIAL. (CFC 503,6) AREA OF ENLARGEMENT NOTE: TRASH DUMPSTERS MUST BE LOCATED ON SMOOTH TRASH DUMPSTERS CONCRETE PAO. IF THE TRASH AREA IS ENCLOSED BY WALLS, THEY MUST BE SMOOTH, SEALED AND WASHABLE. It, 4,*50' OPaw SPACB •:�P NOTE: THE WORDS 'NO PARKING' SHALL BE PAINTED ON THE GROUND WITHIN EACH LOADING AISLE. NOTICE SHALL BE PAINTED IN WHITE LETTERS M N. 12° HIGH AND LOCATED 50 AS TO BE VISIBLE TO TRAFFIC ENFORCEMENT OFFICIALS. I0IA04PAmml6� - - r; S0,011 PAM OF II 6O90 SF o (NEW) L BLDG. 'E' ATLJI �`------- .L 4_ (PROJECT SPACEl 30n-011 IL. L • DOSKFLOV � GAS MEWRS f1 � VALVELOW �J E 79 t0 BLDG "E" - CLOSE VIEW LOS TITO'S TACOS 917 S. Euclid Ave. National City, Ca. 91 950 FIRE NOTES: 1. All exit doors shall be openable from the inside without Me use al a key. or any special knowledge or eHon,Main erdVenlraace shall display a sign which reads 'THIS DOOR TO REMAIN UNLOCKED WHEN BUILDING IS OCCUPIED.' This sign shall be in letters not less than 1 inch high and be on a contrasting background. 2. Floor level exll signs, exit markets and exit path markings shall be provided in all interior rated exit corridors of unsprindered group occupancies. 3. Separate plans for all fixed and mobile the proleclion equipment, and all fire alarm systems. shall be submitted to the Fire Marshal for approval prair to installation. 4. The installation of all automatic Fire sprinkler systems shall comply with UBC standard no. 36-1. 5. All commercial type cooking equipment shall be protected by an approved automalic hood and duct fixed fire extinguishing system per NFPA 17 and 96. Plans must be submitted to fire dept. prior to installation. 6. Provide one podable lire extinguisher, which has a classification of K lor the kitchen, within 30 IL of commercial cooking. 7. Provide a minimum of one 2A-10BC classification fire extinguisher within 75 ft. (ravel distance and must be mounted 3I- la 5 It. A.F.F., In visible location, determined by. the lire dept. Fire extinguishers may be inslalled in locked cabinels with the fire dept. approval. B. Interior finish shall comply wjlh UBC chapter 42. 9. All decorative materials shall be maintained in a (lame relardent condition. 10. Building occupants shall secure permits required by the Fire Dept. from the fire prevention bureau prior to occupying this building, 11. Building numbers shall be easily visible from the street, and contrasting in calor to the background. Where structures are MI the roadway an long driveways, a monument shall be placed at the entrance where the driveway iniersecls the main roadway. Permanent address numbers shall be displayed an this monument. Minimum 5" high numbers for residential, 6' high minimum for commercial. Size and location delermined by Flre Dept commercial. Size and location delermined by Fire Dept. 11. Provide a sign, with minimum 1 inch high letters, that reads 'Maximum Occupant Load ', Sign shall stale the maximum as determined by the build n�pt,. Post sign In a visible location. 13. The construction, remodel ar demolition of a building shall comply with article 67 of most went edition al UFC and CFC. 14. An approved set el plans (building, lire kitchen hood system, Ilre alarm, etc) shall be an the job site during construction. NO INSPECTIONS WILL BE MADE WITHOUT APPROVED PLANS. Cannot the lire dept. a minimum of 5 working days in advance to schedule all construction, temporary occupancy and final occupancy inspections •PROVIDE A UL 300 COMPLIANT FIRE PROTECTION SYSTEM FOR THE COMMERCIAL COOKING AREA. SYSTEM SHALL PROTECT THE EXHAUST H000, PLENUM AND COOKNG APPUANCES. HAVE A UCEIISED CONTRACTOR SUBMIT PLANS FOR APPROVAL FIRE SUPPRESSION SYSTEM TO BE BY SEPERATE SUBMITTAL AND BY SEPERATE PERMIT. PLANS MUST BE APPROVED BY CRY OF NATIONAL CITY FIRE DEPT. PRIOR TO INSTAUATION- A C-15 UCENSEO FIRE PROTECTION CONTRACTOR SHALL PERFORM ALL WORK, A COMPLETE TEST OF THE SYSTEM BY FIRE DEPT. REOUIREO PRIOR 10 USE. OW\ Danny Damian (6 19) 933-84 17 CONTACT: Zlcharol Bertaux - (6 19) 602-890z- Desl6ner HEALTH/BLDG. DEPT. NOTES Building/Space Use: TACO SHOP Building Type: v-B Sprinklers: No Square footage: 1342 SO. FT. Occupancy Group:B AP N : 558-010-55 Water Supply: SWEETWATER MUNICIPAL WATER SUPPLY Sewer System: NATIONAL CITY WASTEWATER DISTRICT Type Food Facility: SINGLE SERVICE Alcoholic Beverages: NO Seating: YES Number Employees/Per Shift: 4ORLESS HEALTH DEPT/SANITATION NOTES 1. All looddelated and uemil-elaedequtpmeni shall meet be equiralenl la sanitation standards established by an Amerlan National Standards Itm;1Wle (AN511 acaediled M0Nam 2. AA food sand equipment rooms i700. Wage, wash, and smAuaraas, as well as Femmoms. anterooms.and employee dressing rooms midi nave mils. (hors and ceilings made bl doable smooth, nonabsete0 and washable malarial walls and ceilings must be el Moil cola. with a light !denim value eA 70 %IAV 0 higher. Floor swluces mot be carmen al a Nominal ins Boas end wags Mar a mmlmum nl4.cantinas tort. MIO a are' rats caner. Vinyl Iopsel base why niters accessble al [ode. 3. walR In valet closets, toilet rooms and MI0In 21L al I1OnI sides of mpbuls 5w11 be dl a ma -absorbent and wain-reslilan notarial17rshed to a height rl48'. 4.Wa8s behind all wet areas Ipolklen08 sinks, prep 0Inl¢. janitors Mnis,handrads, dishna0hm5, elc.kwsl be be nre.050etam and wale)+ealslam Inc PAN of OL IF.RP. Is an a[cepable material). 5. All aril doom shall he self closing, open adwmd, and light Ming. E. AI nth Om and dressing roam dears shall be sell+ -losing and Opt 7. P,wdde a minimum el 12 ai aunts per hour rennla0on Im all toilets, rut/eats, pats dories AM a maps 0lnss, enlawms. end tortoni :arnMOMS. Adegdde+-:mila:ion le be padded in.essing/cllanoe roans. 8. Trash dumistea masl be mated on saint owmete pad. If Me huh ilea is enclosed by wand, Play must be smooth, sealed. and *Kluble- (eg,.plasere0. rosoln and pah0ed.dc) A 00500g pmsi10 mhlirwn 50 ft candles, meaw'ed 30' on the floor la food peg. coking, packaging, washing alms, onmkirg nth utensils or eufpmem such as 'noises, slicers. odrden,m saws. nitre employee Wei/ is a facto and In all areas doing perieds el cleaning. to. slmdershid0s shall be prodded Im all lighting above load prep, seMng areas, work etas aid slmgae pas. II. Pam:ensil washing stied nos: he a minimum 3 cumpadmerd, rAmminlmum 18x18'a12' deep fill IGa20'a12' deep) canoamrenls,with a minimum Unflawed d at end, and There must bean 8' Integral oadapush II against a wall. 0aweve, all sines must he capable al acwm0daling the largest utensil to he noshed. Awmenanhingmachine aces na subsPoae for the sink reauimmenl. 12. Aseparate pied sInk N camparlmal minimum) with an (Neural &Reheat must be padded, unless otherwise apprwea by heallh dein. 13. 3 a 4-compammem too sink to be at least 18•a16-al2'deep lot 16'120112' deepl with a minimum 1B'draiogamd m each end. A seonale wet wane dump iWae shall be prodded ter disposal el drink m 1S2Sle ice 14. Handwash rhos muss be prodded In all loon pep areas, and musi belie sepm& Iram any who sink Pradlk dominantly mounted sbgle-uMce saP and paper towel [apemen la all nandsinls. I5. AB di awasheis and glasswuhers most be NSF approved and must aaln Indhen in a 3' trapped Boa sink kb a legal air gap. Flon sink to lie a midmm 12'a l2'. MO !envenom san1Mng machines mums be capable al dethellg minimum 180 degree ha rinse vase. Lon tempeature madlines mum; use chemical sadxting agents and be prodded villh a min. 140 degree wash and line Baler. i 6- All po5sleesi I sire¢ prep sinks, bar sinks and disnwasne s must drain Indirect Ica a Poor sink wit a I' legal all gap. 17. All he macul.. soda disowning machines, esprasa(appacino rll4ahtw5. hal loadwelf5,staam ladles, drpperwelts andmhigcr°tion eowensellon lines meat drain indirect to atom sank 18. Viler supply In all ce orulors sba8 be annealed MN al reproved reduced plessuemincl0le nacdla0 presenter. The lellel valve shall drain NWladlylo Smarr 0slth a legal air gas. 13 The jatalal sink laming( have a threaded outer Ito Tor hose atncnmaln and en approved ba0Hlare preseatw derke. No r halal dispensing systems a sbdo0 aloes to be ana0ed to mop sink lancet owlet (unless a 'slnllid.' plumbing amine Is Inslaged) 20. An approved bacmow prov+odlondedce mini be aopedy Irela0ed upstream 0f any 0mmlial hatard between the Staple Baler supply Hoses shall nisi be itchedla a laurels hose Mt unless an amain Padden pimplier is prodded. 21. NI!naiades car hard sinks will ham a combination Mucci atpembmg hued doable al umpiring water tempered to 100 degrees lfl. Sell-tlaSmg a ma0eo lancet to pollee al learn 15 seconds el wain wilh0utreaclhallon. 22. All plumbing, gas and elenl111 Imes awn be concealed tar great ea 01011 as DOWD!,. All exposed MA'S, plumping. etc shall be inslalled at least 6•oP Rom and 3/4' Pam MMB using Sandell am145. 23-6ll shelling art, cues pleas rpm sins -prep sinks and rano sinks. etc.) most be mefa4 24 Salad bars ail all salt-s&Ace moo mess, mull have hat. washable, Boar area 0rend1ng 36' an, in aII011ecIiaa. Scribal 4' cove base will also be required. 26. Steele gums arerequked for protection of all open displayed loads or areas where roads me prepped m seed he dose p,admlly:a non load Iacilly Demeaned. AI sneeaeguards scull comply with EH?-B85 reau5emenls 26. Any opana5k Inure. s. veins or an 9milm openings muss he mailed with eat -Wing sneers of minimum 16 mesh to de inch Windows to be Ned at Pond prep, ulen00 washing, open load and utensil menage alms. 27-MI floor manned equipment ngi he installed an minimum 6. noniron/ legs, asfors. m completely sealed ki position an a 4' high cult site mnlhmqu0ty coved base. Emulate equipment nil geed 4'swPay legs 01 Sealed to the ewnler unless ruddy movable. 28.1150ft mink ire of other a0500005 are sel6servke, or it tennis are 180Vid:d (hey must hepush Mon types, or Neer lyims Mete the lent canlaclsihe container al last one inch below the lint 29. BFI01d. F,en[h, accordion style and rdldm ands canna afaan M. to coed prep, ulens8 washing or °wWch9,01000 service areas. 30. A minimum bl 10-N01 candies or tight measaee 3P Dime Rea I prodded in welkin 1[bigpakd Slaage and ay storage looms Bdo( least 20-1ae1 candles Is prodded Miee load I pr0vrdedlar comma men'000lce. Mere Irnrh produce ei peapackage0loads me sale Of altered lotconsumpnaginside equipment such asteach-in and undo - miner reldgelalal0 In areas used for hanelwasbing, wmew-shing, egolpmwn and alma storage, and In toilet toms 31. Sinks to have springs) WUNe al teaching eadt compartment 31. Food prep sink compmmem(s) la he al least 18'48502' deep (or 16'(20•xl2• deep) Mm a IMnlmum 18' daintiest Sepale food prep suds to be prodded fa pleats antl induce. 32. The hal %alp ne:l0'Hgl be a commode' type cambia el amlamy sepaiying hol miler al sfdn9meweerhealer, lannerdae o1120 degrees (F)m all sinks. In poor heady demand lot all aims. et.. am added IOgelher m dn5mhk I0e mInlmum retched rewsw5 ale 33. Where Raves me Imate4 rare Innis GO h ham raleihealer, a cic pump Mudge Installed. in mono Inane Rut an, leaches the ridure al a tonnage al al least 120 deg. F. 34.000001 s, plumbing. or piping canal be inslalled across any aisle way Traffic area, or der opening. 35. Alulllple tuns. Nucleic l conduit or pipelines shall be Mood In in mused In an approval sealed encase¢. 36. Ni IIor10 waste shall be milled by means of indkal waste pipes into a non, sink Floor sinks are to be installed dull win me rmiuned Boa surface and lase soluble easily oemo'able safely raver gm:a. 37. Root Share be 50%exposed amen no access is presided for cleating or be in line Mlh the lied laced elevated Irwslmding equipment. 38.Ihe jualerial slni la be a minimum 24' by 36' Ilaayrrourr:ed hue. Maps shall be placed Ina gasman at allows tem in abdy Wiwi selling woos, equipment, 00n000es. 39. afer condensate or nasiewaler fnciuding mAC will Main Imo the yn0odm sink 40. Grease trap to be bated outside the feed seMce ac0wiymea, Iloh nth the finished Boer when litotes. Local waslew0Ies disllicl or building depa'hnenl to be [onladed far grease removal reg1lmna0s. 41hoer drains snag be installed in Iloms dial me water -gushed 1. deanbg and In meal where pressure spaylrgltxdi tor cleaning equipment are used, In 'esuoams. janitorial loom , sculleries, and al bars rein ware,azhing. Floor surfaces In weds pulsuad to lids shall he sloped H.50 to the fluor drains. 42. The Bur lnlSh vd11 cove a Snlaa1S solace Meer a5 equipment and walmays will have a light, teame only, 43. The palm used on walls and ceilings of all Y50Mn. Mod p,o Gallen, wait and storage areas win be a glass on semtalass enamel. Finish malnial shall be a Ugh] solar In food prep seas rw easy cleaning. 44. tier m 0sidUlion, samples el finishes to be submalled la Emllonmenlal Holm la appod as panted. 45. Cat storage roams shall be moulded Mill a union at sn0dno installed to held shallow cool down pens- not to exceed 4' In h0-IOh1.Slaace be neon shorting to he at lea518' hlgn 46. MOPS try storage shelving shall be a minimum al96linear 126 (meaSmfd with tiers) or 25%of Omura. Iwo prep. and Wink cream. v0Wew Is green. Shelving enact be at ream 18 MMus deep and Man a mimmum sic fames a111ae Poor surface. 47, All sours. gaps, openings It be or Godly sealed VICINITY MAP INDEX Or SHEETS T I - Title Sheet - Site Plan - Notes K I - Moor Plan - Equipment List - Details A I - Framing Man - ADA Restroom - Ref. Clg Plan P I - Plumbing - Waste * Drain Plan P2 - Plumbing - Water Gas Plan E I -E2-E3 - Electrical * Lighting Mans H I - hood Plan - Calcs - Roof Plan Captive Aire Hood Dwgs PROJECT DESCRIPTION/SCOPE THIS PROJECT ENTAILS THE TENANT IMPROVEMENT TO REMODEL A VACANT RETAIL SPACE INTO A MEXICAN RESTAURANT. WORK TO INCLUDE MISC. PLUMBING & GAS, MISC. ELECTRICAL, NON -BEARING PARTITION WALLS. AND INSTALLATION OF A TYPE I EXHAUST HOOD, EXHAUST & MAKE-UP AIR FANS. RESTR00M TO BE RELOCATED AND To BE IN COMPLIANCE WITH CURRENT ADA ACCESSIBILITY REOUIREMENTS. GREASE INTERCEPTOR IS EXISTING AND TO REMAIf1, ALL LIGHDNG AND HVAC IS EXISTING AND TO REMAIN. N0 STRUCTURAL WORK TO BE DONE AS PART OF THIS PROJECT. ALL EXTERIOR SIGNS SHALL REAUTHORIZED UNDER SEPARATE PERMIT. Disabled/ Handicapped Accessibilily Stalemeal 1, Al leas! one pinery entrance serving Me 'errant space 2. Accessible parking spaces serving Ile building/tenant must meet mein access requirements, space must he prouined, as well as accessible Mule 01 aped. I am the designer/ Maio In respnnsibledu,ge of tars project, I have inspected Ille slle/premioes and deleimtneO that existing conditions are in full compliance with Galen site accessiblily requkemems, to Me Weal required by law. I am the designer/ owner in r0,5100 le clarge el MN T.I. Project: I ban Inspected the premises and delennlped Thal MOIRE Ieslrooms, as pan of cots alleralton are accessible ac0ol01ng la general rest,ements. to the extent required by lax. Signature Dale Signature Dale B the bul0lng Inspector determines that lull compliance with unreal site act-ess1blly requirements is nol prodded. heeishe shall laming submittal Na detailed site plan for additional plan review and commenls.11e plans muss he stamped by we meld inspector prim to submttal (m plan review. If the building inspecla determines Thal lull compliance wim Cullenl Sle acces0iulily requirements is not provided. he/she shall require su0mi0al of a delaBed situ plan lm additional pion ledew and c0mmems.The plans must be stamped by me field Inspector prior to submittal Im plan review. NOTE: This project shall comply with the following; '2010 CRC, which adopts 2009 IBC and 2010 Calif. Ammendments. '2010 CEC, which adopts 2008 NEC and 2008 Calif. Ammendments. '2010 CMC, which adopts 2009 UMC and 2009 Calif. Ammendments. '2010 CPC, which adopts 2009 UPC and 2009 Calif. Ammendments. '2010 CFC, which adopts 2009 UFC and 2007 Calif. Ammendments. '2008 edition of the Calif, Energy Efficiency Standards Plans Prepared 15y: Date: Richard Bertaux - Designer \nVI \1I n c • LLJ 0 Rev. 1 2-13-1 2 Rev. 01 -02-1 3 Rev. 01 -2 1-1 3 V E� m V '.P 0 O o O mCTS O cV o U m � 75 cfa U v c- 4r ra w OG LOS TITO'S TACOS 917 S. Euclid Ave., National City, CA. 91950 12-11-12 N/A DRAM Br REB/AJB TITLE SHEET T1 2y ATTACHMENT 4 460 of 491 EQUIPMENT LIST REM :ON DESCRIPTION MFR.-MODEL LECT1111 CAL MLNGL AWS 11,1P. Pan PLUMBING cn IPREL ERE GAS COMMENTS REV151ON5 Rev. 12- 13- 12 1 EL01 2_ _t 3 4 4 F 5 I 6 7 , 8 I 9 10 , 11 , 12 TIN 13 , DRY MORAOEME MN6500LS 2ASMI HEATER -GAS COMMERCIAL• G2 GPHMAP0PAE11Y UNMAKE LOUN3 NO GUI AN W611CSORR1R01 JAm10NSSINK-24.121'.R0011MOWY00 IY MOM SOPw ES SIGRIOI SHELF SODA BOFSWRAP BULKCu2 TAM OPEN WN x-1H 000LEx- r- PthP I.a REMOTE COMPRESSOR FW WCLE&OH R00F1 CORM 5100A0ESHELNMG• CUM I.00ORAEACIIMME2ER METRO- W EOM. STELAE GB030H RYGMMI NM53601ERWU,R BY G.C. NEUNSQREOUN SY VE10OI BY VENOM pOIACOLO.0I ECM *FAGGED -ON ENIFL MEIR°- OREMIAL IMIET23F 120W1 12De-, v1411Y A VERIFY VERIFY SA DIRECT 01REL1 DIRECT CO. 112 I/O 1' TAP DIRECT !MOT 1/Y S26 PRAT OF C6 LLN, R, AW, STORAGE T1P TO COMM MIN.1 PER EMPLOYEE PNESET 0ELf•COHINNE2 EPNOw1ON OMN10 CREASE NI SAES MINN TOfLOOS MAX d GRA1EIMEACE➢TOA S0F•COMAMDM'AIRMTON 14 OPEN 15 1 16 17 110T 18 , 1.WRAP WO. PEEPSIHIIWIM MVWMM HALo0IM1xACAP G TONILOISP. WNL MUNN MAWS MS PER RANI 2•COAP P8TRHR (NNW WM'M WSTOP155 NW. TA500 DR EOUAL NITRO OREWYL WSIOMNS IN 1N 1/2 v2 1N 1N 2' MN 10 FLOOR SPA( 6 GSF4$E INf EA&P105 [MAIM FW013INRd GREASE W eaten • CONCAEn CO0D CUARRY TILE FLOOR COVE BASE DETAIL FACE OF CABMEN OR COATED OUARRYTRE BASE W7813/4' WIN, SANITARY 0000 19 , 20 1 21 NON TABLE WUNDEASHMF-4.2 404• W011R1AELEw9UM0E1191ELF-4W120 NUN W510MSS CMANNA 22 , 23 , 24 25 , 26 1 27 , 26 SFSUVERSHELF-ASPEN R.w S•MLL REmNCM'ET OATH HOOTOOOTABLE Etl REHMSEMIP SANDMEN, PIFP INAE 11E I EAHMI5111000-I0-0•-ULLMIW-W/MUA2S' PNIAM51 FM d MAKFAM P1R51S1EM RN: SUPPPESSIUNSY510A OPEN CUSTOM 25 EAGLE • °ANIMAL IMIETOW.50.I6 CAPNPEAR CAPTIr1 NET COMM. . M6w2Mv ISOv-1 115v-1 SA 1A 12A TAMP 1NP .121M D.G. DIRECT DIRECT IR II101EC1 MMMTO RO➢651A SEIFCONr/NEC EYWORATGN NOVAE FLEDNG A GASMMI-R13 29 30 , 31 , 32 , 33 , 1OAN 1MLE W UNDERMFLf -39 R M' 44UANER LOUHMEA RIP IMIFUIF W AIMO 45' GRDOLEW51PN0 MEN-SBM #04121 AKMSMP ATOME CMP. O15,0MSIN WHIN. 1111M-424 AUFSIAIPJ2'4026 MPF1w •ARMIN AM. TAOWOD(AUIL iR 1/2 2' OREM' OY4' 3/4• SN• SON INN 34 , PASS MAONNOBw• 54410 GUSTR5 -Fr 6.C. FACE OF CABINET 09 COMER 'SEW FOOT' CERAMIC 11LE COVE BASE PATH 3/8• RADIUS CORNER. STAINED CONCRETE FLOOR WE 2-PART EPO%YSE4LANT COVE BASE DETAIL 35 36 , 37 , 38 39 , OPEN REM SEANCELMR1Fn NDRCMIA DISPENSER 100N1SEINCC2R6RDR POO•CASH OMBRA CUSTOM LAVINIE BY w7101R 0610Y1 AA11NATE BY NMIOT 1261,1 120Y-1 SA AA ea. C.O. c.G IR INDIRECT OMNTO RWRSINNA NIEJSFINMIRPIOM 40, 0331 41 1 42 , 43 1 44 A 45 , 1.000A CEASG 00NR I1RMANMYR GLASSSNEEtEGUANI-M• M SAeAt-r'PM AEVE113E0313 WA1NFILT011110H SYS1FAIff*10EM4011N'.I TINE GGAI SORES CUSTOM MAC -ICP-3M CUSTOM I AMORTE AA C.O. I/O INORLEI SIEI.02MAM120 EVAPORATOR OMN ID ROOII SINK .46 , 47. 48 .1 49 , 50 I SEDUCED PRR911RE MIOOI W I YNVE NE MACHINE ICUBEFO-ON TOP OF IMPENS61 SODA AMC IDE DISPENSER TMGH COMMIXES GREASE 111( PWN er2G. HOSNITAN NM•320MNI BY YENOOA RURREAAIMI EMS2rlc • TO ROAM FINISH SCHEDULE 12/Y-t 120V-1 20A 5A C.C. AREA FLOORS BASE WALLS CEILINGS WASH & PREP AREAS JANITORIAL AREA QUARRY TILE 4" MIN. QUARRY TILE CONT. COVE BASE w- 3/0" RADIUS CORNER P.R,P. TO BLIP A.F.F. BEHIND WET AREAS - S.G.E. ELSEWHERE SMOOTH, WASHABLE VINYL COATED CEILING PANELS GUST. SVC AREA SELF SERVE AREA STAINED CONCRETES/ 2-PART EPDXY PAINT 4" MIN. "SLIM -FOOT" CERAMIC TILE BASE w- 3/8" RADIUS CORNER DRY WALL w/ SEMI -GLOSS ENAMEL. SMOOTH. WASHABLE VINYL COATED CEILING PANELS DRY STORAGE AREA STORAGE AREA QUARRY TILE 4" MIN. QUARRY TILE CONT. COVE BASE w- 3/8" RADIUS CORNER DRY WALL w/ SEMI -GLOSS ENAMEL. SMOOTH, WASHABLE VINYL COATED CEILING PANELS RESTROOM STAINED CONCRETE w/ 2-PART EPDXY PAINT 4' MIN.'SLIMf001" CERAMIC TILE BASE w- 3/8" RADIUS CORNER FRP TO 4,0'A.F.F.- S.G.E. ABOVE DRYWALL w/ SEMI -GLOSS ENAMEL. DINING - SEATING AREA STAINED CONCRETE w/ 2-PART EPDXY PAINT 4' MIN. 'SLIM -FOOT" CERAMIC TILE BASE w- 3/8" RADIUS CORNER BY OWNER ACCODSTIC CEILING PANELS I/O 12 0• 1' 3• 34' MA%HCT FOR ADA ACCESSIBILIEY WELT umRMT 1 ICE PAN 1 L J DAME SERA VJLVETOFIEORSOI CRAM 10MOOR NNE 011110 FM0RNNK LOCx110 OUTSIDE END PANEL (RIGHT SIDE) q sSALSA BAR - SNEEZEGUARD DETAIL FA,MORI �N �■A,RAAWITS 4YICOLE Be SE CUABNI•nLE•FLOOR COVE BASE DETAIL SLIM•FOOT CERAMIC TILE SASE 1V0111 3/B' MIN, SANITARY COVE SMOOTH CONCRETE FLOOR ENT -PART EFOKYPWNT COVE BASE DETAIL COOKLINE OUARRYTILE 4" MIN. QUARRY STAINLESS STEEL TILE CONT. COVE WALL FLASHING BASE w- 3/8" RADIUS CORNER SMOOTH. WASHABLE VINYL COATED CEILING PANELS WALK-IN COOLER QUARRY TILE TOP SET GALVANIZED COVE BASE w- 3/8" RADIUS CORNER, STUCCO GALVANIZED ALUMINUM STUCCO GALVANIZED ALUMINUM. Nole: Samples of floor IllDs, cove hale, wall and/ I telling materials may Le required to be submittal to heallh Rep!. for approval IN GI 111 1nslallallon. Light Galor wall and telling swla2es must hate a llghl relfecliye value (LIIY) o1 TO%Of grealor, All cave base must have a 3/8' minimum radius. Male: 2-part cpaxy palm for concrete Roofs shall he acid/grease resistant, or an approved USDA sealant. PICK-UP COUNTER SECTION NOTE: LOGS AIM R'ALLFINISIMSOTOILET ROOMS SIULLBE REFACED MN SM0011, NMo MN-DE9093A'11 MATERIAL DCLEVOM13 FILE MOO NOEL. RIMIER &IR/AGEING SNAIL OE P110600 Oh 1NC M11LSEUMTHE 1LOBNT1A HUH OF4FI.Pd9IUM1]URMALSAND 5U1t WATERCLWOXW'422%NFS.SE.C.P/I1 -SLIM-FOOT CERAMIC.TILE&40E WITH OM' MIN. SANITARY COVE SMOOTH CONCRETE FL000 w42-PARI [FOXY PAINT RESTROOM COVE BASE - WALL DETAIL N07G NA CHEMICAL OIEmCN SYSTEMS TO SI. UISTRL OOIN51IFAM OF AERONOMY MSTALEDM,OTLSTNLE NE URECTLY 01111WUWEECCIL,CONIACCTE11H177 E/l02Bllx MONISM FAUCETOl111A1. MIK NO, SPLASH CUAROS OR OMOTN TO RE O 21221R JNEMNS'J' H 15101 ANT MAIM P REP AMA ONSNELNMS. 110 PRESSED OF PLYW000 MPLLW IOONI ESS COl5PLEIELY ENCASED (It 1NKE41m/ (iDPENOTECOAIP4SSCA FOR CODER ION R049 NNE: NL E2B4MENTTO RE1w OLE65.O/RA5 00 CANNLEVEMO OPF 1AL FCR OEwW0 NN.ESS. NOTE: POSTARF FNIEF%FINGUILHFRSIMLLBEll5MLLE0 NIEMARETAME0 IA ACCORDANCE MI CENGO, NMI f 9ll.211) AND CMPim3,NR F 15 MN. uNl[�=mU SI2NARE AREA Y+e,O1P-IPtlL 25' JNPRGNAL PEA NATSIWAOE rt.IPA-kA51F alp M'ALILI COMER COMER tl-I'A9-0•L0. CID Gt1 3.1 /51 aAms-P Nom cLASSS PONIABLE FINEPTINGIIm1N FOR DEEP FAI FIRMS NIH. 1.50AUEN6PPAIIIY-'- 0 PER FOURFR1En5 NRHAC00MMi 221121Y EFAILIM, 0E LESS, SOE984.11.5.21 NNE: MANGIER!. El MOMS SHALLBE FROVOM NMI. MECIIAMCAL BEMUSE' SYSTEM GWP$E OA WO1101NG AMix. SDC1MFERFACH WAIFS CLOSETM0 UMIMLFND AMIN. 10CF1d PM HEAVYUSE AFRI3ATM S. NOTE BACKFLOWme*Em5W nO'Y1E5RWUIMIfOR NL EOUr.YENTIMT LSOIRELTLY W MIESIIO TO mE MIEN SUPPLY.TIASEOUIPMENTINAUOFSCOFTEE1TEA OPENERS,FSPOESSDMADNIRES, SODAMANNESAM I0I0I2ATIC FILL WA1F5 RAMS. APPROV0D AEIl6@PR6SIIIRE PRININCIPA IA20///LL00111 MUST 412042201120OPI109 °DACE. THE RELIEF VALVE MC51DRAIN IHDEECRYTO Amon salt NOTE; T-BAR CEILING AND HVAC 15 EXISTING AND TO REMAIN. Y;A 2F- <� as 0-- C1<� WOKIIIE r-T � "AJ3l 21 CD © k+ircMun CUS1,;RICE NSA LID NOJ PROVIDE AMA. 91S2CMN OFCOUNIENAI1240 NOT%24• (NA ANA ACCW`MIIIIY. OD R. } I,P}y D Q D O sw un_ r 12 5 OD- u 0 6 DINWC/SEAINONFA 12' 411E T SIMWSALKLAII--22EATII`I lFm SLOPE IN i,'rl1VFLp1��L -RAM CLFMOMIMNfIi1CTW' Mm11 KM. MR: N I.1101*IR DOORS NUST 512110 DU1wAN1 AND 2ESOFIIOMYG NOTE: NA WENIOR DDm4SMUSI SWING 0111/MD PM BUMMED WM I SELF CLOSING 0ft10E 11MT T,5MPI F.'S W Im NM 1 I.T02.5.1 Min NUM ONO LEVEL UMW] MLA •RO'xdft AMA I101E19ORrpOMAOS DOE OUP IN IISF AIAIN.0192'' IAOP SII IK MUS7 impala n. 3 1r0XR16 mi2OCATONEE MTV. B' SRAM GURADS10BE MN%TIROMA2DSHiR mew. Da YMrJ1Mf0. RIIM NOON LM IMAM FA -M1.1RXRSLOOPPEE L14'�46 TLA0L1TNMNYIIFfC117N -r.s1N2 „1511�j7 eATLEAST NNW/ SAL MAIM MENAGE 'OCCUPANCY CALCULATIONS 1 DINING AREA - 627 SQ. FT =420CC, IKITCHEN AREAS - 593 5O. FT. = 3 OM I L TOTAL UGC. LOAD = 45 UGC. j FLOOR PLAN -LAYOUT SCALE 1/4"=P-0" Plans Prepared By: Date: Richard Beri aux - Designer Rev. 01-02-13 Rev. 01-21-13 ❑G LOS TITO'S TACOS 917 S. Euclid Ave., National City, CA. 91950 DATE 12-11-12 S=M :1/4`-1E-0" DRAWN TRY: REB/AJB FLOOR PLAN EQUIP, LIST FINISH SCHED. Ki 461 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 462 The following page(s) contain the backup material for Agenda Item: Presentation of the City of National City's fiscal year 2020 budget priorities. (Finance) Please scroll down to view the backup material. 462 of 491 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 22, 2019 AGENDA ITEM NO.: ITEM TITLE: Presentation of the City of National City's fiscal year 2020 budget priorities. PREPARED BY: Yen Kelly, Budget Analyst DEPARTMENT: Finance PHONE: 619-336-4330 APPROVED BY: `d'//a ,7aL EXPLANATION: The initial step for the City Council in the development of the City's annual budget is the establishment of budget priorities. This agenda item presents the budget priorities developed by staff for the upcoming fiscal year 2020 budget. For reference, a list of the budget priorities discussed during development of the fiscal year 2019 budget is attached. Also for reference, staff is providing the City's 2017-2022 Strategic Plan, which was approved by the City Council on March 21, 2017, in conjunction with the development of the fiscal year 2018 budget. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: `O'er/ �a FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: NA BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Fiscal Year 2020 Priorities 2. Fiscal Year 2019 Priorities Update 3. Strategic Plan, 2017-2022 463 of 491 City of National City Fiscal Year 2020 Priorities Strategic Plan Functional Area: Community Priority Description Recreational Program Delivery (New) Improve current contract programs and attract new contract programs in order to provide a variety of programs to meet community needs. This would bring in additional revenue because of the 70/30% split for contract programs. Additional part-time staffing is needed in order to oversee expand programming and new revenues and/or other funding must be identified. Youth Program (New) Improve and increase youth programming at recreational facilities. These are free programs and would require some additional part-time staffing to lead youth program. Together We Can/ Neighborhood Preservation (Current) Continue to promote Together We Can campaign and support Neighborhood Preservation. Amortization (Current) Termination of up to five nonconforming uses in the Westside Specific Plan Area pursuant to Municipal Code Section 18.11.100.D. Affirmative Termination by Amortization. Historic Properties Designations (Current) Process the historic designation of properties initiated by the City Council for designation and listing on the local historic properties list, including public hearings before the Planning Commission (recommendation) and the City Council. Consider initiation of additional 79 properties for designation as recommended by the NCHS. Develop and implement pending permit notification process for NCHS review of properties not on the historic properties list. Climate Action Plan (Current) Update Climate Action Plan, including updated greenhouse gas inventory and review/revision of implementation measures, monitoring, and reporting. Quality of Life Program/Neighborhood Preservation (New) Continue Quality of Life Program (remove shopping carts, bulk trash items, posters, weeds, etc.) Strategic Plan Functional Area: Development Priority Description Upgrade Service Delivery in Library (Current) Library meeting room audio-visual system upgrade.(estimated completion in late FY19 or early FY20) Update Needs Assessment and Administer CIP Requests (Current) Update Capital Needs Assessment and develop Funding Plan. Continue to use City Public Works forces to deliver smaller Capital Projects. Coordinate with Finance Department for training on Project Accounting Module. Page 1 of 4 1/6/2019 464 of 491 City of National City Fiscal Year 2020 Priorities Strategic Plan Functional Area: Development Priority Description Electronic Work Order and Asset Management System (New) Pilot GIS-based electronic work order and asset management system. Parking Management Action Plan (New) Utilize Parking Authority to fund parking management solutions. Pilot on-line parking permit management system. Economic development (Current) Continue funding adequate staff & resources to meet program needs to conduct ongoing projects. Housing development (Current) Identify funding and begin implementation of housing development programs and projects focused on very low to moderate income needs. Participate in the Regional Housing Needs Assessment process to identify future housing needs. Solicit housing developers to construct affordable housing units. Balanced Plan (Current) Joint City/Port land use planning for the Marina District, including Environmental Impact Report, General Plan Amendment, Land Use Code Amendment, Specific Plan Amendment, Local Coastal Program Amendment, and development entitlements. Regional Housing Needs Assessment - RHNA (Current) Participate in and inform the development of the RHNA allocation methodology as an active participant in the SANDAG Technical Working Group (TWG) to address lower income disproportionality. Housing Policy Development (Current) Development of housing policy leading up to the next Housing Element Update. Harbor Drive Multimodal Corridor Study (Current) Participate in Port and multi -jurisdictional planning efforts for the Harbor Drive Corridor. TOD Overlay (Current) Develop and implement transit -oriented development planning within the TOD areas of the Westside Specific Plan. Land Use Code Updates (Current) Miscellaneous cleanup and clarification revisions to the Land Use Code. State -mandated Land Use Updates (Current) Miscellaneous cleanup and revisions to the Land Use Code required by changing State regulations (e.g. Street Vending, Accessory Dwelling Units, Massage, Marijuana, Density Bonus, etc.) Page 2 of 4 1/6/2019 465 of 491 City of National City Fiscal Year 2020 Priorities Strategic Plan Functional Area: Operations Priority Description Long-range financial planning (Current) Develop 5-year forecast for operation budget. Pension funding (Current) Continue to look for opportunities to augment pension trust fund. Employee Development and Training (Current) Maintain efforts to identify and provide thraining that supports employee groth and development. Succession Planning (New) Work with all departments to provide oppurtunities for employees to work in active assignment to prepare them for upward mobility and organizational stability. Expand Core Values (Current) Relaunch five core values and consider expanding based on employee feedback. Maintain Wellness Program (Current) Continue prioritizing employee health and develop programs and events to promote wellness. Financial Management Systems (New) Implement Project Accounting Module for Capital Improvement Program Application Infrastructure (New) Implement upgrade and integrate GIS into application portfolio CyberSecurity (New) Advanced threat cybersecurity assessment Page 3 of 4 1/6/2019 466 of 491 City of National City Fiscal Year 2020 Priorities Strategic Plan Functional Area: Public Safety Priority Description Code Conformance (Current) Ongoing. Replacement of single full-time position with two part-time positions has allowed for greater scheduling flexibility and performance of more work at a lower cost. Parking Enforcement (New) Pilot new Parking Enforcement Technologies Field Technology (New) Establish program to replace dated Panasonic / Toughbook Upgrade (portential 5 Year Lease) Explorer Pipeline (Current) Continue practice of training explorer to become public safety officer and formulate program that develops pipeline through neighborhood services, code compliance, and police. Page 4 of 4 1/6/2019 467 of 491 City of National City Fiscal Year 2019 Priorities Update Staff Priorities Strategic Plan Functional Area: Community Priority Description & Status Update Asset management & disposition (Successor Agency Properties) (Current) Successor Agency properties transferred to the City in accordance with the Long Range Property Management Plan in late fiscal year 2016. Properties scheduled for disposition placed on the real estate market. Two properties (12th & A Avenue and Palm & Plaza Blvd parcels) have been sold to date. Palm & Plaza Blvd parcel being developed for housing. Staff continue to work on the redevelopment on the Successor Agency parcels off of Bay Recreational program delivery (Current) In April 2019, Community Services will launch ActiveNet, the online registration and point of sale system. Negotiations in progress for Port of San Diego to take over operations at the Aquatic Center. Estimated transfer is early 2019. Community Services and the City Manager's Office created a new online flip newsletter. Community Services improved marketing by attending local school functions, utilizing constant contact to send program and event information via email to past participants, and increasing social media presence by posting more often. Homeless outreach (Current) Attempt to quantify what has been done and what difference has been made. Evaluate effectiveness of outreach program to ensure it is meeting City's needs. Parking management (Current) New program for residential, commercial vehicle, and recreational vehicle permitting. License plate reader technology, to assist with enforcement. "Smart meter" pilot program (designated area). Volunteerism (Current) Launch of volunteer management software on hold due to vacancies and lack of resources. Development of additional volunteer programs on hold due to vacancies and lack of resources. Expanded volunteer recognition planned, to include long-term volunteers is also on hold due to vacancies and lack of resources. Third annual Volunteer Appreciation Dinner held in September 2018. Community events (New) Expansion or increases to community events: - A Kimball Holiday: New attractions in 2018 included a snow hill and Ferris wheel. Increased marketing helped attract 5,000 people over the course of 2 evenings. - Miss National City pageant: Improved production quality and stage design. - Tower of Terror: Canceled by the FA due to changes in the Fire Code. - skate park youth programs on hold due to vacancies and lack of resources. Page 1 of 4 1/6/2019 468 of 491 City of National City Fiscal Year 2019 Priorities Update Staff Priorities Strategic Plan Functional Area: Community Priority Description & Status Update Service delivery (New) Library meeting room audio-visual system upgrade, postponed to fiscal year 2020. Conversion of WINGS office (Library) into tutoring space, estimated completion in late fiscal year 2019. Together We Can (New) Program for National City Neighborhood Preservation. Strategic Plan Functional Area: Development Priority Description & Status Update Needs assessment (Current) Presented Capital Needs Assessment addressing facilities, infrastructure, parks, and fleet to City Council with funding options on April 3, 2018. Economic development (Current) Ongoing - Ensure economic development program is supported with additional funding, etc. Consider other revenue options, including attracting more foot traffic to retail centers such as South Bay Plaza. Promote a retail recruitment strategy including developing opportunities for small businesses and entrepreneurship. Housing opportunities (Current) Ongoing - Consider best practices to promote housing development in National City and update housing needs for National City. Consider all housing opportunities, including inclusionary, affordable, and micro unit developments. Consider new sources of revenue for affordable housing development and to incentivize infill housing development and accessory dwelling units. Historic resources preservation (Current) Assessed historic property needs and funding options as part of FY 2019 CIP. Strategic Plan Functional Area: Operations Priority Description & Status Update Pension funding (Current) Irrevocable supplemental pension trust approved by City Council in current budget. Execution of trust documents and establishment of trust expected in March 2018. Page 2 of 4 1/6/2019 469 of 491 City of National City Fiscal Year 2019 Priorities Update Staff Priorities Strategic Plan Functional Area: Operations Priority Description & Status Update Training & development (Current) Some realignments made to align staffing with the City's strategic objectives. Staffing alignment will be continually monitored as the organization continues to evolve. Number of employees attending training has increased. Efforts to identify and provide training that supports employee growth and development and fulfilment of City-wide and departmental priorities will continue. Strategies to reduce employee risk of injury and facilitate a successful and timely return to work when injuries do occur have been developed. Improvement seen in reduction of employee risk of injury and successful and timely return to work when injuries do occur. Cost -benefit analysis underway on some proposed adjustments. Some proposed adjustments subject to collective bargaining. Long-range financial forecasting (Current) Draft 5-year projections prepared. Currently generating projection for economic development. Technology infrastructure (Current) Council Chambers A/V equipment update expected to be completed June 2018. Seven out of ten installed, three more remaining. Aquatic center turned over to the port. Firewall upgrades, to enhance network security, and web content filtering. Workplace improvement (New) Police Department flooring replacement (main floor). 40% completed. Fee Study (Current) Completed - adopted by City Council October 2018. Page 3 of 4 1/6/2019 470 of 491 City of National City Fiscal Year 2019 Priorities Update Staff Priorities Strategic Plan Functional Area: Public Safety Priority Description & Status Update Fire / emergency medical deployment strategies (Current) Completed - one-year pilot program; seeking permanent status in January 2019 Code conformance (Current) Ongoing enforcement of code comformance. Training (Current) POST (Police) training ongoing. Post training reqiurement maintained. Technology (Current) Completed - Police computer -aided dispatch production storage update. Infrastructure (Current) Inventory of non-functioning security cameras at City facilities being prepared. Expanded storage for specialized Police vehicles pending move in. Page 4 of 4 1/6/2019 471 of 491 w- CALIFORNIA �^ NATIONAL MTV' s .. [NCORPOA AT�� RA CEGIC PLAN 2017-2022 Objective # 1 — Provide Quality Services a) Practice the five core values (Commitment, Customer Service, Courtesy, Communication, and Collaboration) with our diverse customer base. b) Align workforce with City's objectives and provide training and support necessary to fully develop employees, Boards, Commissions, and City Council. c) Expand public access to City services and information, by maintaining our website and making digital records accessible to the public. d) Pursue public safety goals and objectives and enhance disaster preparedness (Police, Fire, Emergency Medical Services, and Homeland Security). e) Analyze internal processes for efficiency and implement technology solutions where feasible. Continue efforts to automate and streamline work processes. Objective # 2 — Achieve Fiscal Sustainability a) Prepare effective budget, close deficit, accurately forecast funding sources, manage investments wisely, provide consistent financial reports, maintain clean audits, resolve findings/deficiencies in a timely manner, and update finance and budget policies. b) Continue labor/management partnerships with an emphasis on strategic deployment and total compensation issues. Address long-term pension liability and other postemployment benefits (OPEB). c) Establish economic development programs to retain and attract businesses, stimulate new investments, and increase revenues. Evaluate and update fee schedules to promote development and recover costs. d) Continue to implement plans to fund replacement reserves and to finance the acquisition, replacement, and maintenance of the City's fleet, facilities, and other assets. e) Build cooperative and sustainable partnerships with community organizations, schools, and other public agencies in the efficient and cost effective delivery of services. Objective # 3 — Improve Quality of Life a) Enhance crime prevention and emergency service through community outreach, procedural justice, critical incident response, City/regional partnerships, and employee development. b) Pursue green initiatives and build a sustainable city by implementing the climate action plan and energy roadmap. c) Help organize community events and support social gatherings that benefit the total community. d) Update sign ordinance to improve community character and draw attention to important gateways, corridors, and intersections with improved signage and wayfinding. e) Support Pier 32 (GB Capital Holdings) expansion plans and work with San Diego Unified Port District and its tenants to fund public process and public improvements. 472 of 491 w- CALIFORNIA �^ NATIONAL MTV' s .. [NCORPOA AT�� RA CEGIC PLAN 2017-2022 Objective # 4 — Enhance Housing and Community Assets a) Continue providing housing opportunities at all income levels and develop programs to improve existing conditions. Adopt a comprehensive long term strategy to address homelessness. b) Complete Paradise Creek Apartments and Educational Park. Continue to plan and build transit -oriented developments/districts. c) Maintain and improve City's infrastructure and find alternative funding to construct public facilities, park improvements, street maintenance, and other capital needs. Complete comprehensive needs assessment and establish priorities through funding options. d) Preserve and promote cultural assets and historic resources, such as Granger Music Hall, Kimball House, Stein Farm, and the Depot. Formalize a public art program that provides funding for art and culture through a "percent for art" program. e) Administer real property assets and property management plans to achieve the City's long term goals. Objective # 5 — Promote a Healthy Community a) Expand opportunities for walking and biking through the development of community corridors and safe routes to schools consistent with the National City General Plan and Bicycle Master Plan. b) Continue to provide affordable City programs, activities, and services that are accessible for all users, including individuals with disabilities (Americans with Disabilities Act). c) Enhance neighborhood services programs, such as graffiti abatement, parking enforcement, and code enforcement and increase efficiency with new technology. Adopt a parking management plan as part of an update to the Downtown Specific Plan. d) Implement neighborhood action plans and continue amortization efforts by working with residents and businesses. e) Advance National City wellness programs for youth, families, seniors, and City employees that encourage a healthy lifestyle and develop a workplace safety program. 473 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 474 The following page(s) contain the backup material for Agenda Item: Fiscal Year 2018 and 1st Quarter Fiscal Year 2019 Budget Review. (Finance) Please scroll down to view the backup material. 474 of 491 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 22, 2019 AGENDA ITEM NO.: ITEM TITLE: Staff Report: Fiscal Year 2018 and 1st Quarter Fiscal Year 2019 Budget Review PREPARED BY: Yen Kelly, Budget Analyst PHONE: 619-336-4332 EXPLANATION: See attached staff report. DEPARTMENT: Finance APPROVED BY: Ld'//<t-d XJ FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: L` *''A /ea FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Accept the staff report. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: Staff report 475 of 491 CALIFORNIA ems+ Nat °N1AL CHH'y C.--;;;c102,1.Tv City Council Staff Report January 22, 2019 ITEM Staff Report: Fiscal Year 2018 and Pt Quarter Fiscal Year 2019 Budget Review BACKGROUND As part of the City of National City's Strategic Plan objective to provide consistent financial reports, this staff report to City Council presents an update on the City's financial operations for fiscal year 2018 and the first quarter of fiscal year 2019. DISCUSSION Budgets are projections based on known and anticipated future revenues and expenditures. Throughout the year, staff monitor and analyze revenue and expenditures, develop projections, and provide periodic financial reports to the City Council, City Manager, and department directors. The totals presented herein for fiscal year 2018 are a summary of the actual revenues and expenditures, and their impact on fund balance compared to the corresponding budgeted amounts for the year. The fiscal year 2019 first quarter data reflects revenue and expenditure totals for the period of July 1 St through September 30th compared to the same period for the prior year. Fiscal Year 2018 The fiscal year 2018 budget authorized a $4.5 million use of general fund unassigned fund balance, $3.6 million of which was for operations (structural deficit) and $0.9 million for capital projects. Subsequent to budget adoption, City Council approved additional uses of unassigned fund balance, which brought the year-end total to $5.5 million. Although an overall use of $5.5 million was authorized, a combination of overall cost savings and unanticipated revenues resulted in an actual increase to unassigned fund balance of $0.8 million. The variances between budgeted and actual revenues and expenditures and the impacts on fund balance are summarized below. Revenues The City receives revenues from various sources, some of which, such as taxes and fees, provide unrestricted cash that may be used at the City's discretion. Other revenues are reserved for specified purposes, for example, grant funds received for capital projects. Actual general fund revenues for fiscal year 2018, listed by source in the table below, were less than their combined budgeted total by approximately $4.6 million. 476 of 491 Page 2 Staff Report — Fiscal Year 2018 and 1st Quarter Fiscal Year 2019 Budget Review January 22, 2018 Fiscal Year -End Revenue Totals Revenue Source Actual Adjusted Budget' Variance Sales & Use Tax $ 18,141,269 $ 18,627,564 $ (486,295) District Transactions & Use Tax 11,787,204 11,507,650 279,554 Property Tax2 2,115,739 2,089,761 (25,978) Property Tax in Lieu of VLF 6,425,372 6,220,229 205,143 Other Revenues 16,344,543 20,923,274 (4,578,731) Total $ 54,814,127 $ 59,368,478 $ (4,554,352) adopted budget, plus budget adjustments 2 reflects reduction for property tax allocation to the Library and Parks Maintenance funds Sales & use tax and district transactions & use tax revenues for fiscal year 2018 exceeded that of fiscal year 2017. However, sales & use tax revenue had a negative variance of $486,295 when compared to budget, with receipts in the autos & transportation and general consumer goods sectors falling short of expectations. The district transactions & use ("Prop `D') tax revenues brought in $279,554 more than budgeted, due to gains in nearly all sectors. In both cases, total revenues for the year were impacted by the State's transition to a new sales tax reporting system last spring, which delayed processing of payments statewide. The delayed payments from fiscal year 2018 will be recognized as revenue in fiscal year 2019. Property tax in lieu of VLF (vehicle license fee) revenue ended the year 3.3% above its budgeted amount. This revenue, which is tied directly to the annual reported change in assessed value, has consistently climbed over the past five years. The "Other Revenues" category includes various accounts related to ongoing City operations, one-time events, and capital projects reimbursements. The negative variance of $4.6 million in this category is the net result of variances, both positive and negative, across multiple accounts. Significant components include the following unbudgeted or over -/under -realized revenues: • $5.5 million in revenue from the issuance of the Clean Energy Resource Bonds for the Energy Savings Project was budgeted as revenue but, instead, was recognized as a transfer -in to the General Fund and, thus, was not included in the actuals totals above. • $4.8 million in revenue was added to the 2017 budget as an offset to an equal amount of additional appropriations for the Westside Infill Transit -Oriented Development ("WI- TOD") improvements capital project. In accordance with generally accepted accounting principles, these revenues are recognized as the project money is spent. During fiscal year 2017, $0.1 million was spent and recorded as revenue. Because revenue directly related to capital projects is not automatically carried forward as appropriations are, revenues for this project were not budget for fiscal year 2018. However, $1.3 million was realized, matching the amount that was spent on the project. The remaining balance 477 of 491 Page 3 Staff Report — Fiscal Year 2018 and 1st Quarter Fiscal Year 2019 Budget Review January 22, 2018 of $3.4 million in deferred revenue will continue to be recognized as expenses are incurred. • $2.0 million in revenue was budgeted in fiscal year 2018 to offset an equal amount of additional appropriations for the Paradise Creek Park Site Remediation project. However, no expenditures occurred for this project and, therefore, no revenues were realized. This project has been carried forward to fiscal year 2019 with the revenue being classified as deferred. • Investment -related earnings exceeded budgeted amounts by $0.3 million; and • Overtime reimbursements for the Fire Department's strike team's participation in fighting various wildfires throughout the State exceeded the budget by $0.3 million. Expenditures As of June 30, 2018, General Fund expenditures totaled $57.6 million, $12.7 million less than the adjusted budget of $70.3 million. Expenditure variances are summarized by category in the table below. The most significant variance, $9.3 million, occurred in the capital projects category. This $9.3 million does not represent savings. Rather, it is the sum of as yet unspent monies on specifically authorized capital projects, the largest amounts being $2.2 million for the Energy Savings Project, $3.4 million for the WI-TOD park project, and $2.0 million for the Paradise Creek Park Remediation project. As is practice, the unspent capital project appropriations have been carried over on a project -by -project basis to fiscal year 2019. Fiscal Year -End Expenditure Totals Expenditure Type Actual Adjusted Budget' Variance Personnel Services $ 35,805,541 $ 37,877,047 $ 2,071,506 Maintenance & Operations 6,410,289 7,703,438 1,293,151 Capital Projects 7,347,994 16,645,083 9,297,089 Internal Service Charges 7,990,539 8,031,978 41,439 Total' $ 57,554,360 $ 70,257,546 $ 12,703,186 I adopted budget total, plus budget amendments, encumbrances, & capital projects appropriations carried forward from previous fiscal year(s) Personnel cost savings of $2.1 million were primarily due to budgeted vacant positions. As part of the fiscal year 2019 budget development process, all positions in the budget system were reviewed and reconciled to authorized position records, resulting in a reduction in the number of positions included in the fiscal year 2019 budget projections. Consequently, the amount of savings in personnel related to vacant positions seen in fiscal year 2018is not expected to be repeated in fiscal year 2019. 478 of 491 Page 4 Staff Report — Fiscal Year 2018 and 1st Quarter Fiscal Year 2019 Budget Review January 22, 2018 Maintenance & Operations ("M&O") savings of $1.3 million were realized across various accounts but particularly in Professional Services; Contract Services; and Refunds, Contributions, & Special Payments. Under Refunds, Contribution, & Special Payments, savings occurred in the Westside Amortization and Successor Agency Property Management accounts. Transfers In/Out While technically not revenues and expenditures (and, hence, not shown above), transfers in and out of the General Fund contribute to fund balance increases and decreases, respectively. Actual transfers in exceeded the budgeted amount by $6.5 million. (See Fund Balance Change table below.) Of that amount, $5.5 million was due to the transfer of bond proceeds from the National City Joint Powers Financing Authority to the City to fund the cost of the Energy Savings Project. As noted above in the discussion of revenues, the bond proceeds were originally budgeted as a revenue instead of a transfer in. The remaining $1.0 million pertains to the contribution to the City's irrevocable supplemental pension trust which was incorporated into the fiscal year 2018 adopted budget. The budget established a separate fund to account for these monies; however, on the advice of the City's independent auditors, the $1.0 million was transferred to the General Fund, where it is now classified as assigned fund balance. Transfers out from the General Fund were under budget by $1.1 million. (See Fund Balance Change table below.) The Library, Parks Maintenance, and Nutrition Center funds required a combined $730,000 less in subsidies from the General Fund than originally budgeted. In addition, the planned transfer of $363,286 to the Facilities Maintenance Fund for the first payment on the Energy Project bonds was instead, on the advice of the independent auditors, reflected as a debt service payment directly from the General Fund. Net Impact on Overall Fund Balance The table below combines the above revenue and expenditure tables and incorporates the transfers in and transfers out, to compare the adjusted budget's impact on fund balance to the actual impact on fund balance. Actual fiscal year 2018 revenues, expenditures, and transfers resulted in an estimated increase of $1.7 million in the overall fund balance of the General Fund, as compared to the adjusted budgeted usage of $14.0 million. This variance is primarily due to the unspent capital projects appropriations and operational (personnel and M&O) savings discussed above. As discussed further below, fund balance is divided into five categories, non - spendable, restricted, committed, assigned, and unassigned. 479 of 491 Page 5 Staff Report — Fiscal Year 2018 and 1st Quarter Fiscal Year 2019 Budget Review January 22, 2018 Fund Balance Change — Actual vs Budget (Estimated) Actual Adjusted Variance Revenues $ 54,814,127 $ 59,368,478 $ (4,554,352) Transfers In 6,780,465 256,863 6,523,602 Total Revenues & Transfers In $ 61,594,592 $ 59,625,341 $ 1,969,250 Expenditures $ 57,554,360 $ 70,257,546 $ 12,703,186 Transfers Out 2,323,517 3,416,803 1,093,286 Total Expenditures & Transfers Out $ 59,877,877 $ 73,674,349 $ 13,796,472 Fund Balance Gain/(Usage) $ 1,716,714 $ (14,049,008) Beginning Fund Balance $ 48,394,090 $ 48,394,090 Ending Fund Balance $ 50,110,898 $ 34,345,082 In accordance with Governmental Accounting Standards Board ("GASB") Statement Number 54, fund balance is classified into the aforementioned categories based primarily on the extent to which its use of resources is constrained. The table below reflects the estimated changes in each category of fund balance within the General Fund from June 30, 2017 to June 30, 2018. The balances are dependent not only upon the results of operations, i.e., revenues and expenditures, but also upon changes in such things as liabilities accrued for employee benefits and unspent appropriations carried over to the succeeding fiscal year. Components of Fund Balance (Estimated) FY 18 FY 17 Change Non -spendable $ 9,996,729 $ 9,963,816 $ 2,913 Restricted 555,168 616,253 (61,085) Committed 11,085,066 11,585,066 (500,000) Assigned 15,772,642 14,325,683 1,446,959 Unassigned 12,731,293 11,903,272 828,021 Total $ 50,110,898 $ 48,394,090 $ 1,716,808 Summary of fund balance changes by category: Non -spendable — fund balance representing assets which are not in spendable form. The increase in non -spendable was a result of gains in inventory and prepaid expense. Restricted — category with spending constraints stipulated either "externally" by the provider of the assets or by law. For the City, the primary purpose of this category is to reserve an amount of fund balance equivalent to the subsequent fiscal year's debt service requirement. The $0.1 million decrease is attributable to a decrease in debt service requirements. 480 of 491 Page 6 Staff Report — Fiscal Year 2018 and 1st Quarter Fiscal Year 2019 Budget Review January 22, 2018 Committed — total of resources which have internally imposed restrictions mandated by formal action of the City Council. This category comprises the City's $9.1 million Economic Contingency Reserve and the $2.5 million Facilities Maintenance Reserve. During fiscal year 2018, Council approved the use of $0.5 million of the Facilities Maintenance Reserve for Tier 1 Capital Projects. Assigned — assets constrained by the Council's intent that they be used for specific purposes but not meeting the more strict criteria for classification as restricted or committed. Of the $15.8 million total, approximately $10.5 million represents employee benefit liabilities and $4.2 million represents designated, but as yet unspent, amounts for capital projects carried forward from the prior year. The difference between the $4.1 million of assigned fund balance attributable to unspent capital projects appropriations and the $9.3 million budgeted but not spent on capital projects noted earlier in this report is $3.4 million in appropriations for the WI-TOD project and $2.0 million for the Paradise Creek Park Remediation, which, due to accounting rules, does not result in the reservation of fund balance, because they are offset with corresponding deferred revenues. Unassigned — total of spendable amounts not allocated to the other fund balance categories and which is available for use at Council's discretion. Unassigned fund balance, which is estimated to have increased by $0.8 million, benefitted not only from the operational savings and better than anticipated revenues discussed above, but also from a decrease in employee benefit liabilities and debt service requirements. This $0.8 million increase compares favorably to the anticipated use of $5.5 million of unassigned fund balance in the fiscal year 2018 adjusted budget. 1st Quarter Fiscal Year 2019 The fiscal year 2019 adopted budget authorizes a use of General Fund unassigned fund balance of $4.3 million, $1.0 million of which is for capital projects and $3.3 million for operations. Since it is early in the fiscal year, the ability to project year-end revenue and expenditure totals and actual use of fund balance is limited. The most useful information at the end of the first quarter (July 1st through September 30th) is a comparison of the fiscal -year-to-date totals of the City's major revenue sources and expenditure categories for the period for the current and prior fiscal years. This information is summarized in the tables below. 481 of 491 Page 7 Staff Report — Fiscal Year 2018 and 1st Quarter Fiscal Year 2019 Budget Review January 22, 2018 Revenues 1st Quarter Revenue Comparison Revenue Source FY 19 FY 18 Sales & Use Tax $ 1,626,387 $ 1,722,627 District Transactions & Use Tax 975,071 1,118,708 Property Tax 80,022 86,556 Property Tax in Lieu of VLF - - Other Revenues 1,728,600 7,278,756.38 Total $ 4,410,080 10,206,647 The sales & use tax and district transactions & use tax revenue amounts shown are those distributed to the City by the State in September. Fiscal year 2019 sales & use tax and district transaction & use tax revenues are slightly lower than fiscal year 2018, but are believed to be lagging because of the State's new reporting system. Fiscal year 2019 property tax revenue is slightly lower than that of fiscal year 2018 quarter largely due to a decrease in supplemental roll property taxes. While the revenue is low for both years, this is normal at this point of the year, as the largest portions of property tax revenues are typically received in December and April, corresponding to tax payment due dates. Because the distribution of property tax in lieu of VLF revenue occurs in January and May, no allocation of this revenue was received in the first quarter of the current or previous fiscal year. However, having received information from the County regarding fiscal year 2019 distributions of property tax in lieu of VLF, staff can report that this revenue will be $6,681,226, $19,562 above budget. The significant decrease to other revenues compared to fiscal year 2017 is that fiscal year 2017 included the receipt of Clean Energy Revenue Bond proceeds of $5.5 million (later reclassified to a transfer in) to fund the cost of the Energy Services Agreement with Ameresco for the Energy Savings Project. Expenditures 1st Quarter Expenditure Comparison Expenditure Type FY 19 FY 18 Personnel Services $ 12,691,835 $ 10,411,876 Maintenance & Operations (M&O) 627,375 1,078,514 Capital Projects 546,761 695,366 Internal Service Charges 1,885,386 2,007,806 Total $ 15,751,358 $ 14,193,564 482 of 491 Page 8 Staff Report — Fiscal Year 2018 and 1st Quarter Fiscal Year 2019 Budget Review January 22, 2018 Personnel costs are greater than fiscal year 2018's at the same point, due in part to the one-time lump -sum prepayment of $5.8 million in July for the fiscal year 2019 unfunded actuarial accrued liability ("UAAL") portion of the City's annual pension contribution compared to $4.9 million paid in July 2017 for fiscal year 2018 and higher normal cost contribution rates. Overtime costs in the first quarter are also above last year's amount, with the bulk of the overtime occurring in the Fire Department related to Strike Team activities, the cost of which will be offset by revenues from the State. Fiscal -year-to-date 2019 M&O expenditures are lower than fiscal year 2018, principally due to the final $0.5 million Police Facility lease payment, which occurred in fiscal year 2018. Absent the lease payment, M&O expenditures are higher than those for the first quarter of last fiscal year, primarily due to charges under Professional Services. Budgetary Outlook The fiscal year 2019 planned use of General Fund unassigned fund balance is $4.3 million. The mid -year budget status report will include projections to year-end for revenues and expenditures and their combined estimated impact on unassigned fund balance. Conclusion While the City's general fund experienced an increase in fund balance in fiscal year 2018, this experience does not demonstrate a trend. The greatest contributors to the increase in fund balance were personnel vacancy savings, maintenance and operations savings and reduced requirements for operating subsidies for other funds. The budget for fiscal year 2019 included significant tightening in these accounts, so the same level of savings is not likely to occur. Factors likely to affect fund balance in the future include the following: • Actuarial adjustments by the California Public Retirement System (Ca1PERS) are expected to require increases in the City's employer contribution to employee pension funds into the foreseeable future. For fiscal year 2020, the City's contribution is estimated to increase over the fiscal year 2019 rate by 6.2%, from 30.235% of payroll to 32.104% of payroll, for miscellaneous employees and by 6.6%, from 50.472% of payroll to 53.803% of payroll, for public safety employees. These increases are currently estimated to accelerate pension contribution growth in the next fiscal year by an additional $1.6 million. • An assessment of the City's deferred infrastructure, facilities maintenance, and historic and cultural assets determined the cost to the General Fund to complete all of the recommended maintenance would be at least $30 million; therefore, staff is continuing to analyze various options for scheduling and financing these projects. • The City is currently in labor negotiations with its represented labor groups. The result of such negotiations will impact the fund balance. 483 of 491 Page 9 Staff Report — Fiscal Year 2018 and 1st Quarter Fiscal Year 2019 Budget Review January 22, 2018 RECOMMENDATION Accept and file this staff report. 484 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 485 The following page(s) contain the backup material for Agenda Item: A Brown Act report regarding the City Manager executing a two-year Employment Agreement between the City of National City and Robert J. Meteau for the position of Human Resources Director with an annual base salary of $150,018. (City Manager) Please scroll down to view the backup material. 485 of 491 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 22, 2019 AGENDA ITEM NO. ITEM TITLE: A Brown Act report regarding the City Manager executing a two-year Employment Agreement between the City of National City and Robert J. Meteau for the position of Human Resources Director with an annual base salary of $150,018. PREPARED BY: Leslie Deese DEPARTMENT: City a r PHONE: 619-336-4242 APPROVED BY. , EXPLANATION: On January 9, 2019, the City Manager's Office extended a contingent offer of employment to Robert J. Meteau as the new Human Resources Director. The appointment would be effective February 11, 2019. The Employment Agreement between the City and Robert J. Meteau includes a two-year term, salary of $150,018 per year, and benefits. The specific terms of the Employment Agreement are set forth in the attached "Summary of a Recommendation for Final Action on the Salary and Other Compensation of the Human Resources Director". This Summary is a requirement of the Brown Act (Government Code Section 54953(c)(3), and must be read aloud into the record at a City Council meeting. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project per the California Environmental Quality Act. ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Accept and File BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Summary of a Recommendation for Final Action on the Salary and Other Compensation of the Human Resources Director { 486 of 49 1 [To be read aloud prior to adoption of resolution approving employment agreement] Summary of a Recommendation for Final Action on the Salary and Other Compensation of the Human Resources Director (Government Code Section 54953(c)(3) The following is a summary of the recommended salary and other compensation to be received by the Human Resources Director in accordance with the Executive Benefits package: • Two-year contract • $150,018 annual salary • 10 paid fixed holidays per year • 9 days of administrative leave per year • Vacation accrued at the rate of 10.00 hours per month for the first 10 years of employment, and at the rate of 13.33 hours per month beginning with the 11th year • 60 hours of vacation leave credited upon commencement of employment • 40 hours of sick leave credited upon commencement of employment Employee life insurance equivalent to the employee's annual gross salary, up to a maximum of $150,000 • Availability of health and dental insurance • Participation in CaIPERS retirement system • Retiree health benefit of $20 per month for each year of service • Vehicle Allowance in the sum of $3,600 per year • If employment is terminated by the City other than for cause, payment of six months' base salary at the current rate of pay 487 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 488 The following page(s) contain the backup material for Agenda Item: Open House - "Meet Your City Officials" to be held from 4:00 p.m. to 6:00 p.m. on January 29, 2019. (City Manager) Please scroll down to view the backup material. 488 of 491 Item # 01/22/19 OPEN HOUSE — "MEET YOUR CITY OFFICIALS" TO BE HELD FROM 4:00 P.M. TO 6:00 P.M. ON JANUARY 29, 2019 (City Manager) 489 of 491 CC/CDC-HA Agenda 1/22/2019 — Page 490 The following page(s) contain the backup material for Agenda Item: Impacts of partial federal government shutdown on Housing Choice Voucher Program. (Housing & Economic Development) Please scroll down to view the backup material. 490 of 491 Item # 01/22/19 Impacts of partial federal government shutdown on Housing Voucher Program (Housing and Economic Development) 491 of 491