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Draft Agenda Packet - 02-05-19 CC HA Agenda
AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY CALIFORNIA NATIONAL Cif/ =NCO3O A fi 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 COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, FEBRUARY 5, 2019 - 6:00 PM 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 unrelated. WRITTEN AGENDA: With limited exceptions, the Elected Body may WWW.NATIONALCITYCA.GOV 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. ORDER OF BUSINESS: Public sessions of all Regular Meetings CONSENT CALENDAR: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent items are 1 of 262 CC/CDC-HA Agenda 2/5/2019 — 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 262 CC/CDC-HA Agenda 2/5/2019 — 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 AWARDS AND RECOGNITIONS 1. Fire Department Lifesaving Award to Derek Jones and Nick Black. (Fire) PRESENTATIONS 2. SDG&E Updates - Dinah Willier, Public Affairs Manager, SDG&E. (City Manager) INTERVIEWS / APPOINTMENTS CONSENT CALENDAR 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) 4. Resolution of the City Council of the City of National City amending the Signage and Facade Improvement Program Maintenance Agreement to streamline and incorporate an Irrevocable License, a Deed of Trust and a Promissory Note in said Agreement. (Housing and Economic Development) 5. Resolution of the City Council of the City of National City approving the establishment of an appropriation in the amount of $54,223 from Development Impact Fee (DIF) funds, toward the purchase of the existing Squad mobile home trailer for the National City Fire Department. (Fire) 6. Resolution of the City Council of the City of National City establishing a budget appropriation in the amount of $250,000 for tenant improvements at the property located at 1430 Hoover Avenue in National City to provide 3 of 262 CC/CDC-HA Agenda 2/5/2019 — Page 4 secure storage for the National City Police department. (Engineering/Public Works) 7. Resolution of the City Council of the City of National City accepting and filing the Report on capital improvement projects completed under the limits set forth by the Uniform Public Construction Cost Accounting Act (Act). (Engineering/Public Works) 8. Resolution of the City Council of the City of National City authorizing the installation of blue curb disabled persons parking space with signage in front of the residence located on 117 E. 5th Street (TSC No. 2018-36). (Engineering/Public Works) 9. Resolution of the City Council of the City of National City authorizing the installation of blue curb disabled persons parking space with signage in front of the residence located on 918 Delta Street (TSC No. 2018-37). (Engineering/Public Works) 10. Resolution of the City Council of the City of National City authorizing the installation of a red curb No Parking at the intersection of Manchester Street and Eleanor Place to improve visibility at the intersection (TSC No. 2018-39). (Engineering/Public Works) 11. Temporary Use Permit — Circus Vargas event sponsored by Circus Vargas from February 21, 2019 to March 4, 2019 at the Westfield Plaza Bonita Mall with no waiver of fees. (Neighborhood Services) 12. Warrant Register #25 for the period of 12/12/18 through 12/18/18 in the amount of $3,654.318.83. (Finance) 13. Warrant Register #26 for the period of 12/19/18 through 12/25/18 in the amount of $254,690.25. (Finance) 14. Warrant Register #27 for the period of 12/26/18 through 01/01/19 in the amount of $2,061,417.86. (Finance) PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS 15. Continued 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) (Planning) (Continued from the January 22, 2019 City Council Meeting) 4 of 262 CC/CDC-HA Agenda 2/5/2019 — Page 5 16. Public Hearing and Adoption 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) Planning) NON CONSENT RESOLUTIONS 17. Resolution of the City Council of the City of National City approving the Mayor to execute 1) the Agreement for Surrender and Termination of Lease between the San Diego Unified Port District and the City of National City for the property located at Goesno Place, including the Quitclaim Deed; and 2) the Assignment of the Coastal Development Permit. (Community Services) NEW BUSINESS 18. City Council discussion and direction on the City of National City's participation in the U.S. Census Municipal Complete Count Committees. (City Manager) 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 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 19, 2019 - 6:00 p.m. - Council Chamber - National City, California. 5 of 262 CC/CDC-HA Agenda 2/5/2019 — Page 6 The following page(s) contain the backup material for Agenda Item: Fire Depai tinent Lifesaving Award to Derek Jones and Nick Black. (Fire) Please scroll down to view the backup material. 6 of 262 Item # 02/05/19 Fire Department Lifesaving Award to Derek Jones and Nick Black (Fire Department) 7 of 262 CC/CDC-HA Agenda 2/5/2019 — Page 8 The following page(s) contain the backup material for Agenda Item: SDG&E Updates - Dinah Willier, Public Affairs Manager, SDG&E. (City Manager) Please scroll down to view the backup material. 8 of 262 Item # 02/05/19 SDG&E UPDATES Dinah Willier Public Affairs Manager SDG&E 9 of 262 WOO a. Wairl< Dinah Willier Public Affairs Manager February 5,2019 © 2017 San Diego Gas EL Electric Company. All copyright and trademark rights reserved. 10 of 262 San Diego's Energy __0 00 0 0 0 0 0 0 4 0 0 0• 0 049••• Landscape • • • • • • • • • • • • • Yesterday A Y7 Sempra Energy utility'' • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • F San Onofre Nuclear Generation Station -o Encina Power Station Conventional Sources • Legacy Natural Gas Legacy Natural Gas "I Peaker South Bay Power Plant Nuclear 00 Electric Transmission Path 11 of 262 San Diego's Energy Landscape I Today A Y7 Sempra Energy utility 0 o 0 0 a o ®e • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • /-- Building 3,500 EV Charging Stations 0 Encina Power Station Conventional sources ©Legacy Natural Gas ©Clean Natural Gas ©Legacy Natural Gas Peaker ©Clean Natural Gas Peaker 0 ELECTRIC VEHICLES 0 O 0 0 O 0 0 o4 0000 0 oe o O Renewaable sources • Solar .4,Wind 4 Hydro QEnergy Storage m Fuel Cell Renewable � Gas 1 Rooftop Solar ,� Electric �' Vehicle 0 00 00 Palornar Energy 0 0 Center 8 3 0 0 Tijuana O 0 ENERGY STORAGE 111 MW of SDG&E and customer -owned energy storage projects 0 r OBorrego Springs Microgrid America's Largest Lithium Ion Battery 0 Otay Mesa Energy Center Pio Pico Energy Center a FUEL CELL ENERGY PRIVATE SOLAR/WIND INSTALLATIONS 0 Sunrise Power Link 1.000 MW Renewa Electric Transmission Path le Enercly 12 of 262 Our Commitment Remains Strong A D Sempra Energy utmty' Our commitment is to improve lives and communities by building the cleanest, safest and most reliable energy company in America. 13 of 262 Serving Our Customers �•••••••••••••••••••;_• 1.4 Million Electric Meters Over 19,000 Residential & Business Electric Meters in National City 33,000 Electric Vehicles in the Region 81 in National City 873,000 Natural gas meters 12,800 Residential & Business gas meters in National City A Sempra Energy utmty' Electric Infrastructure 19,000 miles 162 substations Underground Electrical Distribution 56% Among the highest percentage in the country, & most running through neighborhoods 14 of 262 Our Mission Clean • • • • • • • • • • • A Sempra Energy utmty' • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • SDG&E delivers around 45% of energy from renewable sources (one of the highest in the nation) This —45% does not include our 142,000 solar customers with 612 solar customers located in National City No coal In our energy portfolio •Natural Gas • Coal Nuclear Other Hydro Renewables 15 of 262 Our Mission Safe Our WEATHER NETWORK for reliability and response • keSempra Energy 41.1Ai 177 WEATHER STATIONS TRACKS HUMIDITY WIND SPEED deki.=) TEMPERATURE � WILDFIRE REAL-TIME INFO FROM CRITICAL LOCATIONS CAMERAS MONITOR AND WATCH DANGEROUS CONDITIONS INCLUDING THE START AND SPREAD OF SHARED DAILY LOCAL FIRE DEPARTMENTS NATIONAL WEATHER SERVICE TO KEEP YOU SAFE 5 METEOROLOGISTS ON -CALL 24/7/365 411 AMERICA'S LARGEST UTILITY -OWNED WEATHER NETWORK SDGEnews.com A Sempra Energy utility' SDG&E's Weather Network is one of the most advanced in the nation and allows for us and our community partners to make informed operational decisions to keep our communities safe. 16 of 262 Our Mission Reliable SDGE A Sempra Energy utmty' We are committed to delivering reliable energy for you and your family. That means giving you the peace of mind that whenever you flip a switch in your home, you never have to worry that the lights wouldn't come on. "Best in the West" 13 straight years For electric reliability Built America's largest lithium ion battery storage facility in Escondido to integrate our renewable generation "National Reliability Award" 2018 Winner Industry Leader in Smart Grid technology 17 of 262 How To Stay Informed Smart Phone App & Outage Map f ajSernpra Lnergy bIt Refresh your kit Prepare for emergencies Bill Pay Cost Calculator Watch video . My Energy • Apply For Assistance A Outage Map Report An Outage A Sempra Energy utility •••••••••••••••••••••••••••••••••••••••••••••• Back Outage Map Updated: Oct 21, 2:28 P', i Planned Future r X Q Mission Bay/ Pacific Beach Start Estimated Time Restoration Oct 22 Oct 22 8:00 AM 3:00 PM Circuit Customers Affected Impacted 56 0 Cause A power outage has been scheduled in your area to make required repairs to our electrical system. A letter containing detailed outage information was mailed to you. Unplanned I ANAj Planned Detail List Back Outage Map Updated: Jun 04, 3:36 PM ,sion Viejo Cleveland Murrieta0 ionaf Forest Point Temecula° Fallbrook0 v Oceanside Sorrento/ Mira Mesa/ Scripp... Jun 04. 3:19 PM to Jun 04. 4:30 PM La Jolla° Santee° La Mesa° SAN DIEGO° Chula Vista° Unplanned TIJUANA© oEl Cajon Planned �T 18 of 262 ov How we're Partnering in National City A Sempra Energy utmty' Q 0 o o v 0 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 1 Energy Efficiency Achievements 2017 1,650 residents & businesses of National City took advantage of energy efficieny programs $1.8M incentives Offsetting 12.2 million tons of CO2 88,000 cars off the road Customer Assistance/Payment Programs 8,847 CARE/FERA customers 408 Level Pay Plan customers Community Projects and Partnerships Power Your Drive • City facilities and Paradise Creek Affordable Housing Community Paradise Creek Educational Park Enhancement Olivewood Gardens Wellness Partnership Ocean Connectors Environmental Education ARTS Gas Riser Beautification Project National City Chamber of Commerce Clean Energy Delivering around 45% of energy from renewable sources Renewable Energy Choices • EcoChoice and EcoShare - Offering Up to 100% Renewable Energy to customers 19 of 262 Time of Use Rates for Residential Customers _ _ _ _ _ ,.• C V'' `J 0 0 A X Sempra Energy utility'' Not just how much energy you use, but when you use energy There are benefits unique to Time of Use plans 12-months of Bill Protection • You can track your progress on your bill • Save by reducing energy and when you use energy MyAccount has a pricing plan comparison tool to find your cheapest plan Explore the website - sdge.com/whenmatters 20 OT CC/CDC-HA Agenda 2/5/2019 — Page 21 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. 21 of 262 Item # 02/05/19 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) 22 of 262 CC/CDC-HA Agenda 2/5/2019 — Page 23 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City amending the Signage and Facade Improvement Program Maintenance Agreement to streamline and incorporate an Irrevocable License, a Deed of Trust and a Promissory Note in said Agreement. (Housing and Economic Development) Please scroll down to view the backup material. 23 of 262 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: 02/05/2019 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City amending the Signage and Facade Improvement Program Maintenance Agreement to streamline and incorporate an Irrevocable License, a Deed of Trust and a Promissory Note in said Agreement. PREPARED BY: Megan Gamwell, Economic Development Specialist PHONE: 619-336-4216 EXPLANATION: See attached Background Report. DEPARTMENT: Housing and Economic Doom nt APPROV FINANCIAL STATEMENT: ACCOUNT NO. N/A APPROVED: FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: The amendments to the Agreement 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 STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Background Report 2. Original Agreement with redlines. 3. Amended Agreement in final form. 24 of 26 TI Attachment No. 1 Background Report The purpose of National City's Signage and Facade Improvement Program (SFIP) is to assist businesses in signage compliance and improve the appearance of existing businesses. The SFIP's mission is to stimulate revitalization and private sector capital investment by proactively addressing deteriorating property conditions and encouraging improvements which increase economic vitality in National City. The program reimburses eligible owners of commercial buildings and businesses up to 50% of the total cost of eligible improvements, for a maximum reimbursement of $10,000 for a single commercial property (Standard Incentive) or $15,000 for a multiple address property (Multi -Tenant Property Owner Incentive). City Council approved Resolution 2017-185 on October 3, 2017 which adopted the 2017- 2022 Economic Development Strategic Plan. Said Resolution also approved the Program Guidelines and Participatory Agreements for the Adopt -A -Place Program, Activate the Right Of Way, and Signage and Facade Improvement Program. Amendments to Signage and Facade Improvement Program Maintenance Agreement (Agreement) are needed to streamline and incorporate Agreement requirements. The amended Agreement incorporates an Irrevocable License, a Deed of Trust and a Promissory Note rather than having these as stand-alone documents. 25 of 262 Attachment No. 2 SIGNAGE AND FACADE MAINTENANCE AGREEMENT This Signage and Facade Maintenance Agreement ("Agreement"), is entered into on this [insert day] day of [insert month], 20198.7 by and between: the City of National City, a municipal corporation (the "City"); [insert owner's name and mailing address], hereafter referred to as the "Property Owner"; and [insert business name], hereafter referred to as the "Participant," located at [insert business address] in National City, California, hereafter referred to as the "Property." RECITALS SIGNAGE AND FACADE MAINTENANCE AGREEMENT This Signage and Facade Maintenance Agreement ("Agreement"), is entered into on this {insert day] day of [insert month], 2017 by and between: The City of National City, a municipal corporation (the "City"); [insert owncr's name and mailing address], hereafter referred to as the "Property Owner"; and [insert business name], hereafter referred to as the "Participant," located at [insert business address] in National City, California, hereafter referred to as the "Property." RECITALS WHEREAS, the City desires to stimulate private and public investment throughout the City of National City. WHEREAS, Government Code § 40401(b) permits the City Council to improve, equip, and maintain places within the City. WHEREAS, part of the City's vision and guiding principles in the City's General Plan, adopted June 7, 2011, focuses on the City maintaining and enhancing economic development opportunities as well as implementing measures that retain and attract business. WHEREAS, Objective #2 of the City's 2013-2018 Strategic Plan seeks to establish economic development programs that retain existing businesses and stimulate new investments. WHEREAS, the City believes that investment in improvements visible to customers, neighboring merchants, and residents will beautify the community and increase the volume of business by making the City of National City and individual businesses more attractive and accessible. WHEREAS, the City believes that certain improvements that are completed in a meaningful and artful way confer a public benefit by providing certain visual elements and improvements that can be viewed and used by the general public. WHEREAS, the City has determined that the Property subject to this Agreement is located at a strategic location in the City of National City and whose enhancement would confer an aesthetic and economic benefit to the City of National City. NOW, THEREFORE, THE PARTIES TO THIS AGREEMENT DO MUTUALLY AGREE AS FOLLOWS: Deed of Trust - 2018 26 of 262 Attachment No. 2 1. DEFINITIONS The defined terms shall have the meanings described in this Section whenever used in this Agreement, except where the context clearly indicates otherwise. The City, in its sole discretion, will resolve any question about the intended meaning of the following terms: A. Acceptance Date means the date the Improvements are accepted in writing by the City. B. Contractor means the California -licensed general contractor selected through a City - approved competitive bidding process to complete the Improvements on the Property. The term "Contractor" also includes any subcontractors, or other construction -related third parties, hired by the Contractor to complete any portion of the Improvements. C. Contractor's Agreement and Scope of Work means the contract entered into between the Property Owner and the Contractor for construction of the Improvements on the Property. D. Emergency Repairs means any entrance upon the Property, made on behalf of the City, to repair, protect, maintain, and preserve the architectural style and treatment to the Facade of the Property. E. Facade means the exterior surfaces of the building(s) located on the Property given special architectural treatment. F. Improvements means the total improvements made to the Facade of the Property as indicated on Exhibit "B." G. Irrevocable License means the irrevocable license hereby granted from the Property Owner and the Participant to the City over portion of land on the Property that the Property Owner grants to the City to access, occupy and use, te-for the purpose of conducting Emergency Repairs ofto the Facade. (See Exhibit `B"). The Irrevocable License guarantees the City the right to make Emergency Repairs to the Property if the Property Owner fails to maintain the Property and the Facade pursuant to Section 4. H. Loan means the City reimbursement of $[insert amount] to the Property Owner upon proper completion of the Improvements. I. Participant means the person or persons operating the business located at the Property where the Improvements are made. J. Project has the same meaning as "Improvements." K. Project Manager means the City's designated representative who will monitor the progress and execution of the Improvements to be constructed under this Agreement. L. Property means the unit of real property identified within the County Recorder's Deed of Trust - 2018 27 of 262 1 Attachment No. 2 documents that will be improved under this Agreement. For purposes of this Agreement, the Property is also that real property commonly known as "[insert business name]", located at [insert business address], National City. A legal description of the Property is attached hereto as Exhibit "A". M. Property Owner means the person or entity identified on the title to the Property as shown on the records of the San Diego County Recorder's Office. The Property Owner is also identified on the Certificate of Ownership (See Exhibit "C"). N. Total Cost Expenditure means all receipts, invoices, and other written documents that show the total actual costs, not to exceed $[insert dollar amount], paid by the Property Owner to the Contractor to complete the Project. 2. CERTIFICATE OF OWNERSHIP The Property Owner accepts all Improvements made to the Property under this Agreement and has signed the Certificate of Ownership, attached to this Agreement as Exhibit "C". 3. PARTICIPANT CONSENT AND RESPONSIBILITIES A. The Participant consents to the construction of Improvements on the Property and to the Irrevocable License described in this Agreement. B. The Participant may not prohibit or deny the City, or a representative of the City, from making Emergency Repairs to the Facade for a period of five (5) years following the Acceptance Date. 4. PROPERTY OWNER'S RESPONSIBILITIES A. The Property Owner will meet with the Project Manager and other City representatives to coordinate the construction of the Improvements. B. Within ten (10) days after this Agreement is signed by all parties, the Property Owner shall both: (1) enter into the Contractor's Agreement and Scope of Work, and (2) provide a signed copy of the Contractor's Agreement to the Project Manager. BBC. The Property Owner will select the Contractor. The Contractor must provide the Project Manager, or designee, (1) proof of contractor's license and (2) proof of insurance. The Contractor's insurance must meet all requirements in Section 13 of this Agreement. D. The Property Owner must maintain the Improvements in good condition as determined by the City. The Property Owner must repair or replace any damage to the Improvements for five (5) years following the Acceptance Date. The City must approve all proposed repair or replacement of the Improvements completed pursuant to this Section 4 (C). Deed of Trust - 2018 28 of 262 Attachment No. 2 The Property Owner will not increase the rent to the Participant for a period of five (5) years following the completion date of the Improvements. 5. LOAN TO PROPERTY OWNER (1) The City will reimburse the Property Owner $[insert dollar amount] after the Property Owner properly installs causes the Improvements to be installed at the Property ("Loan"). The Loan will become immediately repayable to the City if (2) (1) the Property is: sold; leased; conveyed; refinanced (except for refinances by this Agreement); vacated; transfcrred; or assigned. (3) Any event listed in Section 5(A)(1) occurs within five (5) years after the Acceptance Date. B. The City will pay the Loan to the Property Owner, as discussed in Section 7, for cervices described in the Contractor's Agreement and Scopc of Work. 6. CONDITIONS OF LOAN / IRREVOCABLE LICENSE A. If the City determines that the Improvements described in the Contractor's Agreement and Scope of Work are have been properly maintained for at leastat all times during the five (5) years following the Acceptance Date, the City will forgive the Loan shall be forgiven. If forgiven, the Property Owner will not be required to repay the Loan to the City. However, the Loan will become immediately repayable to the City if either: (1) the Property is: sold; leased; conveyed; refinanced (except for refinances involving existing secured debt which is in a superior position to the City Loan secured by this Agreement); vacated; transferred; or assigned without the written consent of the City. (2) the City determines that the Improvements are not properly maintained as required by Section 4 of this Agreement and the Property Owner or the Participant does not restore the Improvements to a condition acceptable to the City within thirty (30) days following the City's delivery of written notice to the Property Owner and the Participant indicating in reasonable detail the nature of the improper maintenance of the Improvements. (3) the City providee Property Owner and Participant with written notice that either event in Subsections (1) (2) of this Section 6 has occurred. B. Any payments owed to the City pursuant to this Section 6 shall accrue interest at twelve ten percent (102%) per annum or at the highest amount permitted by applicable law, whichever is lower. Any payments the City receives pursuant to this Section 6 shall first Deed of Trust - 2018 29 of 262 Attachment No. 2 be applied to accrued interest, then to the principal amount. C. The Irrevocable License, attached to this Agreement as Exhibit "B," must be granted from the Property Owner to the City. The Irrevocable License shall guarantee the City the right to make Emergency Repairs to the Property if In the event the Property Owner fails to maintain the Property and the Facade pursuant to Section 4. In the event of such failure, the City may assess the Real Property in the amount of the Emergency Repairs. 7. CITY'S RESPONSIBILITIES A. The City will meet with the Property Owner to discuss the design of the Improvements. B. The Property Owner will select the Contractor. The Contractor must provide the Project Manager, or designee, (1) proof of contractor's license and (2) proof of insurance. The Contractor's insurance must meet all requirements in Section 13 of this Agreement. The Contractor must submit proposed plans to construct the Improvements with the City. The City shall have sole discretion to accept or deny any proposed plans submitted by the Contractor. lC. The Project Manager will monitor, without liability to the City, the construction of the Improvements and require that the Contractor follow the Contractor's Agreement and Scope of Work when constructing the Improvements. The Loan described in Section 5 is the only source of funding for any payments made to a Contractor under this Agreement. lD. The City shall have sole discretion to determine whether the Improvements conform to the Contractor's Agreement and Scope of Work and any other City -approved plans. E. If the City determines that the Improvements conform to the Contractor's Agreement and Scope of Work, and any other City -approved plans, the City will notify the Property Owner and Participant in writing. The date of this writing will be the Acceptance Date. G,F. The City shall review the Total Cost Expenditure submitted by the Property Owner. If no discrepancies with the Total Cost Expenditure exist, and all other obligations under this Agreement have been met, the City shall issue full payment of the Loan to the Property Owner within thirty (30) days' receipt of the Total Cost Expenditure, an amount equal to the amount set forth in the Total Cost Expenditure up to the amount of the Loan. 8. RECORDED DEED OF TRUST A. A Deed of Trust shall be recorded in the Office of the San Diego County Recorder. —The Deed of Trust - 2018 30 of 262 Attachment No. 2 Deed of Trust will constitutc constructive notice to the public that: (1) the Property is: sold; leased; conveyed; refinanced (except for refinances involving existing secured debt which is in a superior position to the City Loan years following the Acceptance Date, the Loan shall become immediately repayable as described in Section 6 of this Agreement. {2) if the City determines that the Improvements are properly maintained for at least five (5) years following the Acceptance Date, the City will forgive the Loan. {3) if the City forgives the Loan, the Property Owner will not be required to repay the Loan to thc City. If thc Loan is so forgiven, thc City shall promptly record with the San Diego County Recorder a re conveyance of title to the Property and all other documents necessary to clear title to the Property4cn1J B. In the event of a default by the Property Owner or Participant under this Agreement, the Note or the Deed of Trust, or if the Property Owner has not paid the City the full cost of any Emergency Repairs (including accrued interest) performed to the Property the City shall have the right to foreclose on the Deed of Trust.five (5) years following the Acceptance Date, the Irrevocable License shall continue in effect until the City is paid for the Emergency Repairs (include accrued interest). 9. TIME OF PERFORMANCE The Contractor must complete the Improvements within six (6) MONTHS of the date of this Agreement. The Property Owner Contractor shall submit the Total Cost Expenditure to the Project Manager no later than thirty (30) days after the Acceptance Date. 10. LIABILITY; INDEMNIFICATION AND HOLD HARMLESS The Property Owner and Participant shall be responsible for all injuries to persons and/or all damages to real or personal property of the City or others, caused by or resulting from the negligence and/or breach of this Agreement, by the Property Owner, Participant, their employees, contractors, subcontractors and/or agents during the construction of the Improvements, or arising out of this Agreement, except those arising from the sole negligence or willful misconduct of the City. The Property Owner and Participant each agree 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 Property Owner and Participants' respective 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 Deed of Trust - 2018 31 of 262 Attachment No. 2 misconduct of the City, its agents, officers, employees or volunteers. City will cooperate reasonably in the defense of any action, and Property Owner and Participant 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. 11. WORKERS' COMPENSATION The Property Owner and Participant 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 liability under any of said acts which may be incurred by reason of any work to be performed by the Property Owner and Participant under this Agreement. 12. INSURANCE The Property Owner, at Property Owner's sole cost and expense, shall purchase and maintain, and shall require their Contractor, when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. 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. B. 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. C. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of Contractors' employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If Contractor have no employees subject to the California Workers' Compensation and Labor laws, Contractor shall execute a Declaration to that effect. Said Declaration shall be provided by the Property Owner and Contractor to City. E. The aforesaid policies shall constitute primary insurance as to the City, its officers, Deed of Trust - 2018 32 of 262 Attachment No. 2 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 Property Owner and Contractor shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. 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 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 Property Owner and Contractor do 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. K. If the Property Owner and Contractor maintain 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 Property Owner and Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 13. NOTICE OF DEFAULT If the Property Owner or Participant (or both) fail to perform or observe any of their respective obligations required by this Agreement, the City will provide written notice to the Property Owner or Participant (or both) explaining such default. If Property Owner or Participant (or both) fail to correct such default within thirty (30) days' receipt of the notice, and fail to make diligent efforts to correct the default, the Loan will become immediately repayable pursuant to Sections 5, 6, and 8 of this Agreement. Deed of Trust - 2018 33 of 262 Attachment No. 2 14. ENTIRE AGREEMENT; EXHIBITS AND SCHEDULES A. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties regarding the site improvement provisions described in this Agreement. No subsequent agreement, representation, or promise made by either party to this Agreement, or by or to an employee, officer, agent or representative of any party to this Agreement shall be of any effect unless it is in writing and executed by the party to be bound thereby. B. The Exhibits attached to this Agreement are hereby incorporated to this Agreement 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. 15. MODIFICATIONS TO AGREEMENT The terms of this Agreement may not be modified or amended except by an instrument in writing signed by each of the parties to this Agreement. 16. CONSTRUCTION OF AGREEMENT The parties acknowledge that (1) each party is of equal bargaining strength, (2) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (3) 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, (4) each party and such party's counsel and advisors have reviewed this Agreement, (5) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (6) 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. Deed of Trust - 2018 34 of 262 1 Attachment No. 2 1 CITY OF NATIONAL CITY By: Leslie Deese, City Manager APPROVED AS TO FORM: Angil P. Morris Jones City Attorney By: Roberto M. Contreras Deputy City Attorney [insert name of Property Owner of [insert property City, California 91950 (Corporation — signatures officers required) Owner], Property address], National of two corporate By: (Name) (Print) (Title) By: (Name) (Print) (Title) [insert name of Participant], Operator of "[insert name of business]" (located at [insert business address] National City, California 91950) (Corporation — signatures of two corporate officers required) By: (Name) (Print) (Title) Deed of Trust - 2018 35 of 262 Attachment No. 2 NO CHARGE ON THIS DOCUMENT FOR THE BENEFIT OF A STATE AGENCY FORNIED BY THE CITY OF NATIONAL CITY Recording Requested By: City of National City Housing and Economic Development Department 1243 National City Boulevard National City, CA 91950-4301 And When Recorded Mail To: City of National City Housing and Economic Development Department 1243 National City Boulevard National City, CA 91950-4301 DEED OF TRUST THIS DEED OF TRUST is made this by whose address is ("Trustor"€d ), to Stewart Title Company, a California corporation ("Trustee"); for the benefit of the City of National City ("Beneficiary"), whose address is 1243 National City Boulevard, National City, California 91950-4301. TRUSTOR HEREBY irrevocably grants, transfers, and assigns to Trustee, in trust, with power of sale, all that property, including, but not limited to, real property ("Proprety" or the "Business") located at , National City, CA, 91950, APN Nos. , in the City of National City, County of San Diego, State of California, more particularly described as: FOR THE PURPOSE OF SECURING: (1) Payment of the indebtedness evidenced by a promissory note of even date herewith executed by Trustor, in the principal sum of AND NO/IOO DOLLARS ($ ), and any renewal, extension, or modification of the promissory note (the "Note"); Deed of Trust - 2018 36 of 262 Attachment No. 2 (2) Any additional sums and interest that may hereafter be loaned to the then record owner of the Business by Beneficiary, when evidenced by another note or notes reciting that it or they are so secured; and (3) The performance of each agreement contained in this Deed of Trust (3)(4) The performance of each agreement of Trustor under that certain including the Signage and Facade Maintenance Agreement of even date herewith and the Irrevocable License. (4) the Property is: sold; leased; conveyed; refinanced (except for refinances involving existing secured debt which is in a superior position to the City Loan secured by this Agreement); vacated; transferred; or assigned less than five (5) years following the Acceptance Date, the Loan chair become ; ediately r able .,s de tribe in Section ti fthis agreement years following the Acceptance Date, the City will forgive the Loan. (6)(5) if the City forgives the Loan, the Property Owner will not be required to repay the Loan to the City. If the Loan is so forgiven, the City shall promptly record with the San Diego County Recorder a re conveyance of title to the Property and all other documents necessary to clear title to the Property.[ca2] A. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES: Maintenance and Repair (1) To keep the Property/ -Business in good condition and repair; not to remove or demolish any buildings on the Property; to complete or restore promptly and in good and workmanlike manner any building that may be constructed, damaged or destroyed on the Property/Business ; to pay when due all claims for labor performed and materials furnished for the Property/Business, to comply with all laws affecting the Property/Business or requiring any alterations or improvements to be made on the Property/Business; not to commit or permit waste of the Property/Business; not to commit, suffer or permit any act upon the Property/Business in violation of law; and to cultivate and maintain the landscaping, and do all other acts that from the character or use of the Property/Business may be reasonably necessary. A. If the Beneficiary City determines that the Improvements described in the Signage and Facade Maintenance Agreement are have been properly maintained for at least five (5) years following the Acceptance Date, the Beneficiary City will forgive the Loan, as defined in the Signage and Facade Maintenance Agreement. If forgiven, the Property OwnerTrustor will not be required to repay the Loan to the BeneficiaryCity. However, the Loan will become immediately repayable to the Beneficiary City if: (1) the Property is: sold; leased; conveyed; refinanced (except for refinances involving existing secured debt which is in a superior position to the City -Loan Deed of Trust - 2018 37 of 262 Attachment No. 2 Gecurcd by this Agreement); vacated; transferred; or assigned without the written consent of the Beneficiary. (2) the Beneficiary determines that the Improvements are not properly maintained as required by this Section and the Trustor or the Participant, as defined in the Signage and Facade Maintenance Agreement, does not restore the Improvements to a condition acceptable to the Beneficiary within thirty (30) days following the Beneficiary's delivery of written notice to the Trustor and the Participant indicating in reasonable detail the nature of the improper maintenance of the Improvements. (3) the City provides Property Owner and Participant with written notice that either event in Subsections (1) (2) of Section 6 in the Signagc and Facade Maintenance Agreement has occurred. Fire Insurance (2) To provide, maintain, and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary as its interest may appear. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured by this Deed of Trust, and in any order determined by Beneficiary, or at the option of Beneficiary, the entire amount so collected or any part of that amount may be released to Trustor, except that if the proceeds of the award for any taking or injury to the Property/ -Business or the amount of such proceeds plus funds provided by Trustor is sufficient to allow for the repair and restoration .of the Property/ -Business, and such repair and/or restoration is physically and legally possible, then the Trustor shall use the proceeds of the award to timely effectuate such repair and/or restoration. Upon receipt of such proceeds, Beneficiary may hold the proceeds as further security, or apply or release them in the same manner and with the same effect as provided in this Deed of Trust for the disposition of proceeds of fire or other insurance. This application or release shall not cure or waive any default or notice of default under this Deed of Trust or invalidate any act done pursuant to such a notice. Defense of Security (3) To appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary, or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorneys' fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed of Trust. Payment of Liens and Taxes (4) To pay, at least ten (10) days before delinquency, all taxes and assessments affecting the Business/Property, including assessments on appurtenant water stock, all encumbrances, charges, and liens, with interest, on the Property/ -Business or any part of the Property/ -Business, which appear to be prior or superior to this Deed of Trust; and all costs, fees, and expenses of this Trust. If Trustor fails to make any payment or to do any act as provided in this Deed of Trust, then Deed of Trust - 2018 38 of 262 Attachment No. 2 Beneficiary or Trustee may (but is not obligated to) make the payment or do the act in the required manner, and to the extent deemed necessary to Beneficiary or Trustee to protect the security of this Deed of Trust. The performance by Beneficiary or Trustee of such an act shall not require notice to or demand upon Trustor, and shall not release Trustor from any obligation under this Deed of Trust. Beneficiary or Trustee shall also have the following related rights and powers: to enter upon the Property/ —Business for the foregoing purposes as noted inpursuant to the Irrevocable License and to appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights and .powers of Beneficiary or Trustee; to pay, purchase, contest, or compromise any encumbrance, charge, or lien that in the judgment of either appears to be prior or superior to this Deed of Trust; to employ counsel; and to pay necessary expenses and costs, including attorneys' fees. A. Any payments owed to the City pursuant to this Section 4 shall accrue interest at twelve ten percent (102%) per annum or at the highest amount permitted by applicable law, whichever is lower. Any payments the City receives pursuant to this Section 4 shall first be applied to accrued interest, then to the principal amount. B. In the event any of The loan will only begin to accrue 12% at that point after the three conditions set forth in Section 1.A.(1) or(2), below above, are triggered, the Loan shall be deemed to have accured: (i) . This interest should not be retroactive to the loan date. Only 3% simple interest will accrue betweenfrom the Acceptance Date until the date such condition is triggered; plus (ii) simple interest at the rate of 10% beginning on the date the condition is triggered until all principal and interest of the Loan is paid in full. the loan date and the conditions listed below, making the loan immediately payable.[CA3] (1) if the Propert•. cola. leased; , ea. refinanced (except f r refinances involving existing secured debt which is in a superior position to the City Loan secured by this Agreement); vacated; transferred; or assigned less than five (5) years following the Acceptance Date, the Loan shall become immediately repayable as described iv, Section ti e f th;s n „reement (2) if the City determines that the Improvements are properly maintained for at least five (5) years following the Acceptance Date, the City will forgive the Loan. (3) if the City forgives the Loan, the Property Owner will not be required to repay the r „ to tl,e City Iftl,e T „ f rgiye„ tl,e C ty shall r ptly record w t1, the San Diego County Recorder a re conveyance of title to the Property and all other documents necessary to clear title to the Property. Reimbursement of Costs (5) To pay immediately and without demand all sums expended by Beneficiary or Trustee pursuant to this Deed of Trust, with interest from date of expenditure at the amount allowed by law in effect at the date of this Deed of Trust, and to pay any reasonable amount demanded by Beneficiary (up to the maximum allowed by law at the time of the demand) for any beneficiary statement requested by Trustor or any other beneficiary of a Deed of Trust encumbering the Property/Business regarding the obligation secured by this Deed of Trust. Deed of Trust - 2018 39 of 262 Attachment No. 2 Obligations of Trustor (6) That Trustor will not permit or suffer the use of any of the Property/ -Business for any purpose other than the use for which the same was intended at the time this Deed of Trust was executed. (7) That the Signage and Facade Improvement Loan Agreement and the Irrevocable License referred as defined in the Note are is incorporated herein by reference and made a part of this Deed of Trust. (8) To perform, in a timely manner, each agreement and covenant by and between Trustor on any and all notes, loans, and deeds of trust that are senior and/or junior to this Deed of Trust. A default in any of these obligations, beyond any applicable cure period, shall constitute a default under the Deed of Trust. B. TRUSTOR AGREES THAT: Condemnation Award (1) Any award of damages in connection with any taking or condemnation, or for injury to the Property/ -Business by reason of public use, or for damages for private trespass or injury to the Property/Business , is hereby assigned and shall be paid to Beneficiary, as its interest may appear as further security for all obligations secured by this Deed of Trust, except that if the proceeds of the award for any taking or injury to the Property/Business or the amount of such proceeds plus funds provided by Trustor is sufficient to allow for the repair and restoration of the Property/Business , and such repair and/or restoration is physically and legally possible, then the Trustor shall use the proceeds of the award to timely effectuate such repair and/or restoration. Upon receipt of such proceeds, Beneficiary may hold the proceeds as further security, or apply or release them in the same manner and with the same effect as provided in this Deed of Trust for the disposition of proceeds of fire or other insurance. Waiver of Late Payments (2) By accepting payment of any sum secured by this Deed of Trust after its due date, Beneficiary does not waive its right either to require prompt payment when due of all other sums so secured or to declare default for failure to pay any indebtedness secured by this Deed of Trust. Trustee's Powers (3) Upon written request of Beneficiary and presentation of this Deed of Trust, Trustee may (a) reconvey all or any part of the Property/Business; (b) consent to the making and recording, or either, on any map or plat of all or any part of the Property/Business; (c) join in granting any easement of the Property/Business; or (d) join in or consent to any extension agreement or any agreement subordinating the lien, encumbrance, or charge of this Deed of Trust. Trustee need not provide Trustor with notice before taking any of the foregoing actions, and shall not be liable for the proper performance of the act. The exercise by Trustee of any of the foregoing powers shall not affect the personal liability of any person for payment of the indebtedness secured by this Deed of Trust, or the lien of this Deed of Trust on the remaining Property/Business as security for the repayment of the full amount secured by this Deed of Trust. Deed of Trust - 2018 40 of 262 Attachment No. 2 Full Reconveyance (4) Upon written request of Beneficiary stating that all obligations secured by this Deed of Trust have been performed in full, surrender of this Deed of Trust, any notes secured by this Deed of Trust to the Trustee for cancellation and retention, and payment of Trustee's fees and charges, Trustee shall reconvey, without warranty, the Property/Business then subject to this Deed of Trust. Absent manifest error, the recitals in the Reconveyance shall be conclusive proof of the truthfulness of the recitals. The grantee in the Reconveyance may be described as "the person or persons legally entitled thereto." Five years after issuance of the full reconveyance, Trustee may destroy the Note and this Deed of Trust, unless directed in the request to retain them. Assignment of Rents (5) As additional security, Trustor hereby gives to and confers upon Beneficiary the right, power, and authority during the continuance of these Trusts, to collect the rents, issues, and profits of the Property/Business, but reserves the right, prior to any default by Trustor in payment of any indebtedness secured by this Deed of Trust or in the performance of any agreement under this Deed of Trust, to collect and retain these rents, issues, and profits as they become due and payable. Upon any such default for which cure has not been commenced within thirty (30) days and thereafter completed with diligence, Beneficiary may, without notice and without regard to the adequacy of the security for the indebtedness secured by this Deed of Trust, either personally or by agent or court -appointed receiver, do the following: enter upon and take possession of the Property/Business or any part of the Property/Business : sue for or otherwise collect all rents, issues, and profits, including those past due and unpaid; and apply these rents, issues, and profits, less costs and expenses of operation and collection (including reasonable attorneys' fees), upon any indebtedness secured by this Deed of Trust, in any order determined by Beneficiary. The exercise of the foregoing rights by Beneficiary shall not cure or waive any default under this Deed of Trust or invalidate any act done pursuant to such a notice. Default in Foreclosure (6) Upon default by Trustor in the payment of any indebtedness secured by this Deed of Trust or in the performance of any obligation under this Deed of Trust for which cure has not been commenced within thirty (30) days, and thereafter completed with diligence, Beneficiary may deciare all sums secured by this Deed of Trust immediately due and payable by delivering to Trustee a written declaration of default and demand for sale and a written notice of default and election to sell the Property/Business. Trustee shall cause the notice of default and election to sell to be recorded. Beneficiary also shall deposit with Trustee this Deed of Trust, a copy of the Agreement, and all other documents evidencing obligations secured by this Deed of Trust. After the required time period has lapsed following the recordation of the Notice of Default, and after notice of sale has been given as required by law, Trustee, without demand on Trustor, shall sell the Property/Business at the time and place specified in the notice of sale, either as a whole or in separate parcels, and in any order determined by Trustee, at public auction to the highest bidder for cash in lawful money of the United States, payable at the time of sale. Trustee may postpone sale of all or any portion of the Property/Business by public announcement at the time and place of sale, and from time to time thereafter may postpone the sale by public Deed of Trust - 2018 41 of 262 Attachment No. 2 announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser at the auction its deed conveying the Property/Business old, but without any covenant or warranty, express or implied. Absent manifest error, the recital in the deed of any matter or fact shall be conclusive proof of the truthfulness of the recital. Any person, including Trustor, Trustee, or Beneficiary, may purchase at the sale. After deducting all costs, fees, and expenses of Trustee and Beneficiary under this paragraph, including costs of procuring evidence of title incurred in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms of this Deed of Trust, not then repaid, with accrued interest at the amount allowed by law in effect at the date of this Deed of Trust; all other sums then secured by this Deed of Trust; and the remainder, if any, to the person or persons legally entitled to the remaining proceeds. Further Encumbrances (7) Should the BUSNESS be sold, hypothecated, vacated, leased, transferred, assigned, or alienated on or before five (5) years from the Completion Date of the improvements, this Loan shall be repayable in full by the BUSIINESS OWNER(S) to CDC, upon demand, with interest at the option of the CDC, (each, a "Transfer"), without first obtaining the written consent of the Beneficiary, then all obligations secured by the Deed of Trust may be declared due and payable, Agreement (as defined in the Note). Consent to one transaction of this type will not constitute a waiver of the right to acquire consent to future or successive transactions. Interest shall be calculated at 3.0 % per annum simple interest retroactive to the date of the Loan. Unless BUSNESS OWNER(S) has complied with the terms of the AGREEMENT, the e loan plus interest computed. The Debtor will pay the note secured by this Deed of Trust and any renewal or extension of it and any other indebtedness secured by this Deed of Trust in accordance with the terms and provisions of this Deed of Trust. On full payment by the Debtor of all indebtedness secured by this agreement in accordance with this Deed of Trust, this Deed of Trust shall expire, and the General Provisions (8D This Deed applies to, inures to the benefit of, and binds all parties to this Deed of Trust, and their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term "Beneficiary''-" shall mean City of National City, and the heirs, legatees, devisees, administrators, executors, and assigns of any such person. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. Acceptance by Trustee (9) Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party to this Deed of Trust of pending sale under any other deed of trust or of any action or proceeding in which Trustor, Beneficiary, or Trustee shall be a party unless brought by Trustee. Deed of Trust - 2018 42 of 262 Attachment No. 2 Substitution of Trustees (10) Beneficiary, or any successor in ownership of any indebtedness secured by this Deed of Trust, may from time to time, by written instrument, substitute a successor or successors to any Trustee named in or acting under this Deed of Trust. The substitution instrument shall contain the name of the original Trustor, Trustee, and Beneficiary under this Deed of Trust, the book and pate where this Deed is recorded, and the name and address of the new Trustee. When executed by Beneficiary, and duly acknowledged and recorded in the office of the recorder of the county or counties where the Property/Business is situated, the substitution instrument shall be conclusive proof of proper substitution of the successor Trustee or Trustees. Any successor Trustee or Trustees shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers, and duties. Cumulate Powers and Remedies (11) The powers and remedies conferred in the Deed of Trust are concurrent and cumulative to all other rights and remedies provided in this Deed of Trust or given by law. These powers and remedies may be exercised singly, successively, or together, and as often as deemed necessary. Conclusiveness of Recitals (12) The recitals contained in any Reconveyance, trustee's deed, or any other instrument executed by the Trustee from time to time under the authority of this Deed of Trust or in exercise of its powers or the performance of its duties under this Deed of Trust, shall be conclusive evidence of their truth, whether stated as specific and particular facts, or in general statements or conclusions absent manifest error. Further, the recitals shall be binding and conclusive upon the Trustor, its heirs, executors, administrators, successors, and assigns, and all other persons. Attorneys' Fees (13) If any action is brought for the foreclosure of this Deed of Trust or for the enforcement of any provision of this Deed of Trust (whether or not suit is filed), Trustor agrees to pay all costs and expenses of Beneficiary and Trustee, including reasonable attorneys' fees; and these sums shall be secured by this Deed of Trust. Co -trustees (14) If two or more persons are designated as Trustee in this Deed of Trust, any, or all, power granted in this Deed of Trust to Trustee may be exercised by any of those persons, if the other person or persons are unable, for any reason, to act. Any recital of this inability in any instrument executed by any of those persons shall be conclusive against Trustor and Trustor's heirs and assigns. Request for Notices of Default and Sale (15) In accordance with Section 2924b of the California Civil Code; request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale under that Deed of Trust executed by the Trustor concerning this Property/Business be mailed to: Deed of Trust - 2018 43 of 262 Attachment No. 2 City of National City Housing and Economic Development .1243 National City Boulevard National City, CA 91950-4301 NOTICE: A copy of any notice of default and of any notice of sale will be sent only to the address contained in this recorded request. If your address changes, a new request must be recorded. The undersigned Trustor requests that a copy of any notice of default and of any notice of sale under this Deed of Trust be mailed to Trustor at the address of Trustor set forth above. Reasonable Inspection (17) Trustor shall permit Beneficiary and its agents or representatives, to inspect the Property/Business at any and all reasonable times, with at least 24 hours advance notice. Inspections shall be conducted so as not to interfere with the tenants' use and enjoyment of the Property/Business. Hazardous Materials (18) For purposes of this Deed of Trust, "Hazardous Materials" mean and include any hazardous, toxic or dangerous waste, substance or material including, without limitation, flammable explosives, radioactive materials, asbestos, hazardous wastes or toxic substances in (or for purposes of) the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), as amended (42 U.S.C. 9601, et seq.), the Hazardous Materials Transportation Act (49 U.S.C. 1801, et seq.), the Resource Conservation and Recovery Act (42 U.S.C. 6901, et seq.), and those substances defined as hazardous wastes in 25117 of the California Health and Safety Code or as hazardous substances in 25316 of the California Health and Safety Code or in any regulations promulgated under either such law, any so-called "Superfund" or "Superlien" law, or any other federal, state, or local statute, law, ordinance, code, rule, regulation, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect. (19) In addition to the general and specific representations, covenants, and warranties set forth in the Deed of Trust or otherwise, Trustor represents, covenants, and warrants, with respect to Hazardous Materials, as follows: (a) Neither Trustor nor, to the best knowledge of Trustor, any other person, has ever caused or permitted any Hazardous Materials to be manufactured, placed, held, located or disposed of on, under or at the Property/Business or any part thereof, and neither the Property/Business nor any part thereof, or any Property/Business adjacent thereto, has ever been used (whether by the Trustor or, to the best knowledge of the Trustor, by another person) as a manufacturing site, dump site, or storage site (whether permanent or temporary) for any Hazardous Materials; (b) Trustor hereby agrees to indemnify Beneficiary, its officers, employees contractors, and agents, and hold Beneficiary, its officers, employees, contractors and agents harmless from Deed of Trust - 2018 44 of 262 1 Attachment No. 2 and against any and all losses, liabilities, damages, injuries, costs,' expenses and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against Beneficiary, its officers, employees, contractors or agents for, with respect to, or as a direct or indirect result of, the presence or use, generation, storage, release, threatened release or disposal of Hazardous Materials on or under the Property/Business or the escape, seepage, leakage, spillage, discharge, emission or release of any Hazardous Materials from the Property/Business(including, without limitation, any losses, liabilities, damages, injuries, costs, expenses, or claims asserted or arising under CERCLA, any so-called "Superfund" or "Superlien" law, or any other federal, State or local statute law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any Hazardous Materials) regardless of whether or not caused by or within the control of Trustor. Notwithstanding the foregoing, Trustor's obligations under this section shall not apply to any losses, liabilities, damages, injuries, costs, expense, or claims which arise out of or relate to Hazardous Materials which are generated, released or stored on the Property/Business after the date that Beneficiary takes possession thereof. (c) Trustor has not received any notice of (i) the happening of any event involving the use, spillage, discharge, or cleanup of any Hazardous Materials ("Hazardous Discharge") affecting Trustor or the Property/Business or (ii) any complaint, order, citation, or notice with regard to air emissions, water discharges, noise emissions, or any other environmental, health, or safety matter affecting Trustor, or the Property/Business("Environmental Complaint") from any person or entity, including, without limitations, the United States Environmental Protection Agency ("EPA"). If Trustor receives any such notice after the date hereof, then Trustor will give, within seven (7) days thereafter, oral and written notice of same to Beneficiary. (d) Without limitation of Beneficiary's rights under this Deed of Trust, Beneficiary shall have the right, but not the obligation, to enter onto the Property/Business or to take such other actions as it deems necessary or advisable to clean up, remove, resolve, or minimize the impact of, or otherwise deal with, any such Hazardous Materials or Environmental Complaint upon its receipt of any notice from any person or entity, including without limitation, the EPA, asserting the existence of any Hazardous Materials or an Environmental Complaint on or pertaining to the Property/Business , which if true, could result in an order, suit, or other action against Trustor affecting any part of the Property/Business by any governmental agency or otherwise which, in the sole opinion of Beneficiary, could jeopardize its security under the Deed of Trust. All reasonable costs and expenses incurred by Beneficiary in the exercise of any such rights shall be secured by this Deed of Trust, and shall be payable by Trustor upon demand together with interest thereon at a rate equal to the highest rate payable under the note secured hereby. Continuing Obligations (e) The foregoing representation, covenants, indemnities, and warranties shall be continuing, and shall be true and correct for the period from the date hereof to the release of this Deed of Trust (whether by payment of the indebtedness secured hereby or foreclosure or action in lieu thereof), and these representations, covenants, indemnities, and warranties shall survive such release. Deed of Trust - 2018 45 of 262 Attachment No. 2 Successor Owners (20) Each successor owner of an interest in the Property/Business other than through foreclosure or deed in lieu of foreclosure, shall take its interest subject to this Deed of Trust. Governing Law (21) This Deed of Trust shall be governed by and construed in accordance with the laws of the State of California. Dated DebtorTrustor: Doing business as: SECURED PARTY City of National City Sate California County of On before me, , personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed instrument. Deed of Trust - 2018 46 of 262 1 Attachment No. 2 1 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public Deed of Trust - 2018 47 of 262 Attachment No. 2 NOTE $ National City, San Diego County, California. 1. FOR VALUE RECEIVED, and in consideration of that certain Signage and Facade Maintenance Agreement ("Agreement") of even date herewith, made by the City of National City ("City") and ("Maker"), the Maker undersigned promises to pay to the City or order, of the City of National City at 140 East 12th Street, Suite B, National City, San Diego County, California, or at any other place in the State of California that any holder of this Note may designate in writing, the principal sum of $ subject to the terms and conditions set forth hereafte ° . This Note is executed pursuant to the Agreement and the deed of trust ("Deed of Trust"), being executed concurrently herewith, to be recorded in the office of the County Recorder of San Diego County. All capitalized terms which are not defined herein shall have the meaning ascribed to them in the Agreement. 2. Terms of Loan. If the Holder determines that the Improvements described in the Contractor's Agreement and Scope of Work have been properly maintained at all times during the five (5) years following the Acceptance Date, this Note shall be forgiven in its entirety. Provided, however, this Note shall become immediately repayable to the City if either: This -Nate, together --with ll tere t d„ ss-dueand=payabble-as follows DEBTOR AND CITY agree that the loan will only begin to accrue 12% at that point after the three conditions below are triggered. This interest should not be retroactive to the loan date. Only 3% simple interest will accrue between the loan date and the conditions listed below, making the loan immediately payable.cni} 1. (a) if -the Property is: sold; leased; conveyed; refinanced (except for refinances involving existing secured debt which is in a superior position to the City Loan secured by this AgreementDeed of Trust); vacated; transferred; or assigned less than five (5) years following the Acceptance Date, without the written consent of the City, the Loan shall become immediately repayable as described in Section 6 of this Agreement. 2 (b) if -the City determines that the Improvements are not properly maintained as required by Section 4 of the Agreement and the Maker or the Participant does not restore the Improvements to a condition acceptable to the City within thirty (30) days following the City's delivery of written notice to the Maker and the Participant indicating in reasonable detail the nature of the improper maintenance of the Improvementsfor at least five (5) years following the Acceptance Date, the City will forgive the Loan. City. If the Loan is so forgiven, the City shall promptly record with the San Diego County Recorder a re conveyance of title to the Property and all other documents necessary to clear Deed of Trust - 2018 48 of 262 Attachment No. 2 title to the Property4cA51 (c) In the event any of the conditions set forth in Section 2(a) or (b), above, are triggered, this Note shall become immediately due and payable and this Note shall be deemed to have accured: (i) 3% simple interest from the Acceptance Date until the date such condition is triggered; plus (ii) simple interest at the rate of 10% beginning on the date the condition is triggered until all principal and interest of the Loan is paid in full. The payment of this Note is secured by a Deed of Trust of this date from to the City of National City granting a security interest in and to the following described property: APN No. together with all other property described in or referred to in the Deed of Trust. (d) The maker shall have the right to prepay the principal of this note in whole or in part prior to its due date without premium or penalty. (e) If this Nnote is placed in an attorney's hands for collection, or collected by a lawsuit or through a bankruptcy, or probate, or any other court, either before or after maturity, there shall be paid to the holder of this Note reasonable attorneys' fees, costs, and other expenses incurred by the holder in enforcing the terms of this note. (f) Failure to pay any part of the principal or interest of this Note when due, or failure to -carry out any of the terms, covenants, or condition of this Note, the Agreement or the Deed of Trust, shall authorize the holder of this Note to declare as immediately due and payable all of the then -unpaid principal and interest, and to exercise any and all of the rights and remedies provided by the California Commercial Codeset forth in this Note, the Agreement and the Deed of Trust, as well as all other rights and remedies either at law or in equity possessed by the holder of the Note. (g) The makers, signers, and endorsers of this Note jointly and severally waive presentment, notice of dishonor, and protest. MAKER: Debtor: Doing business as: Dated Deed of Trust - 2018 49 of 262 Attachment No. 2 SECURED PARTY City of National City Sate California County of On before me, , personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed instrument. I certify undcr PENALTY OF PERJURY undcr the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public Deed of Trust - 2018 50 of 262 Attachment No. 3 SIGNAGE AND FACADE MAINTENANCE AGREEMENT This Signage and Facade Maintenance Agreement ("Agreement"), is entered into on this [insert day] day of [insert month], 2018 by and between: the City of National City, a municipal corporation (the "City"); [insert owner's name and mailing address], hereafter referred to as the "Property Owner"; and [insert business name], hereafter referred to as the "Participant," located at [insert business address] in National City, California, hereafter referred to as the "Property." RECITALS WHEREAS, the City desires to stimulate private and public investment throughout the City of National City. WHEREAS, Government Code § 40401(b) permits the City Council to improve, equip, and maintain places within the City. WHEREAS, part of the City's vision and guiding principles in the City's General Plan, adopted June 7, 2011, focuses on the City maintaining and enhancing economic development opportunities as well as implementing measures that retain and attract business. WHEREAS, Objective #2 of the City's 2013-2018 Strategic Plan seeks to establish economic development programs that retain existing businesses and stimulate new investments. WHEREAS, the City believes that investment in improvements visible to customers, neighboring merchants, and residents will beautify the community and increase the volume of business by making the City of National City and individual businesses more attractive and accessible. WHEREAS, the City believes that certain improvements that are completed in a meaningful and artful way confer a public benefit by providing certain visual elements and improvements that can be viewed and used by the general public. WHEREAS, the City has determined that the Property subject to this Agreement is located at a strategic location in the City of National City and whose enhancement would confer an aesthetic and economic benefit to the City of National City. NOW, THEREFORE, THE PARTIES TO THIS AGREEMENT DO MUTUALLY AGREE AS FOLLOWS: 1. DEFINITIONS The defined terms shall have the meanings described in this Section whenever used in this Agreement, except where the context clearly indicates otherwise. The City, in its sole discretion, will resolve any question about the intended meaning of the following terms: A. Acceptance Date means the date the Improvements are accepted in writing by the City. Deed of Trust - 2018 51 of 262 Attachment No. 3 B. Contractor means the California -licensed general contractor selected through a City - approved competitive bidding process to complete the Improvements on the Property. The term "Contractor" also includes any subcontractors, or other construction -related third parties, hired by the Contractor to complete any portion of the Improvements. C. Contractor's Agreement and Scope of Work means the contract entered into between the Property Owner and the Contractor for construction of the Improvements on the Property. D. Emergency Repairs means any entrance upon the Property, made on behalf of the City, to repair, protect, maintain, and preserve the architectural style and treatment to the Facade of the Property. E. Facade means the exterior surfaces of the building(s) located on the Property given special architectural treatment. F. Improvements means the total improvements made to the Facade of the Property as indicated on Exhibit "B." G. Irrevocable License means the irrevocable license hereby granted from the Property Owner and the Participant to the City over the Property to access, occupy and use, for the purpose of conducting Emergency Repairs to the Facade. The Irrevocable License guarantees the City the right to make Emergency Repairs to the Property if the Property Owner fails to maintain the Property and the Facade pursuant to Section 4. H. Loan means the City reimbursement of $[insert amount] to the Property Owner upon proper completion of the Improvements. I. Participant means the person or persons operating the business located at the Property where the Improvements are made. J. Project has the same meaning as "Improvements." K. Project Manager means the City's designated representative who will monitor the progress and execution of the Improvements to be constructed under this Agreement. L. Property means the unit of real property identified within the County Recorder's documents that will be improved under this Agreement. For purposes of this Agreement, the Property is also that real property commonly known as "[insert business name]", located at [insert business address], National City. A legal description of the Property is attached hereto as Exhibit "A". M. Property Owner means the person or entity identified on the title to the Property as shown on the records of the San Diego County Recorder's Office. N. Total Cost Expenditure means all receipts, invoices, and other written documents that Deed of Trust - 2018 52 of 262 Attachment No. 3 show the total actual costs, not to exceed $[insert dollar amount], paid by the Property Owner to the Contractor to complete the Project. 2. OWNERSHIP The Property Owner accepts all Improvements made to the Property under this Agreement. 3. PARTICIPANT CONSENT AND RESPONSIBILITIES A. The Participant consents to the construction of Improvements on the Property and to the Irrevocable License described in this Agreement. B. The Participant may not prohibit or deny the City, or a representative of the City, from making Emergency Repairs to the Facade for a period of five (5) years following the Acceptance Date. 4. PROPERTY OWNER'S RESPONSIBILITIES A. The Property Owner will meet with the Project Manager and other City representatives to coordinate the construction of the Improvements. B. Within ten (10) days after this Agreement is signed by all parties, the Property Owner shall both: (1) enter into the Contractor's Agreement and Scope of Work, and (2) provide a signed copy of the Contractor's Agreement to the Project Manager. C. The Property Owner will select the Contractor. The Contractor must provide the Project Manager, or designee, (1) proof of contractor's license and (2) proof of insurance. The Contractor's insurance must meet all requirements in Section 13 of this Agreement. D. The Property Owner must maintain the Improvements in good condition as determined by the City. The Property Owner must repair or replace any damage to the Improvements for five (5) years following the Acceptance Date. The City must approve all proposed repair or replacement of the Improvements completed pursuant to this Section 4 (C). E. The Property Owner will not increase the rent to the Participant for a period of five (5) years following the completion date of the Improvements. 5. LOAN TO PROPERTY OWNER The City will reimburse the Property Owner $[insert dollar amount] after the Property Owner properly causes the Improvements to be installed at the Property ("Loan"). 6. CONDITIONS OF LOAN A. If the City determines that the Improvements described in the Contractor's Agreement Deed of Trust - 2018 53 of 262 Attachment No. 3 and Scope of Work have been properly maintained at all times during the five (5) years following the Acceptance Date, the Loan shall be forgiven. If forgiven, the Property Owner will not be required to repay the Loan to the City. However, the Loan will become immediately repayable to the City if either: (1) the Property is: sold; conveyed; refinanced (except for refinances involving existing secured debt which is in a superior position to the Loan); vacated; transferred; or assigned without the written consent of the City. (2) the City determines that the Improvements are not properly maintained as required by Section 4 of this Agreement and the Property Owner or the Participant does not restore the Improvements to a condition acceptable to the City within thirty (30) days following the City's delivery of written notice to the Property Owner and the Participant indicating in reasonable detail the nature of the improper maintenance of the Improvements. B. Any payments owed to the City pursuant to this Section 6 shall accrue interest at ten percent (10%) per annum or at the highest amount permitted by applicable law, whichever is lower. Any payments the City receives pursuant to this Section 6 shall first be applied to accrued interest, then to the principal amount. C. In the event the Property Owner fails to maintain the Property and the Facade pursuant to Section 4, the City may assess the Real Property in the amount of the Emergency Repairs. 7. CITY'S RESPONSIBILITIES A. The City will meet with the Property Owner to discuss the design of the Improvements. B. The Contractor must submit proposed plans to construct the Improvements with the City. The City shall have sole discretion to accept or deny any proposed plans submitted by the Contractor. C. The Project Manager will monitor, without liability to the City, the construction of the Improvements and require that the Contractor follow the Contractor's Agreement and Scope of Work when constructing the Improvements. The Loan described in Section 5 is the only source of funding for any payments made to a Contractor under this Agreement. D. The City shall have sole discretion to determine whether the Improvements conform to the Contractor's Agreement and Scope of Work and any other City -approved plans. E. If the City determines that the Improvements conform to the Contractor's Agreement and Scope of Work, and any other City -approved plans, the City will notify the Property Owner and Participant in writing. The date of this writing will be the Acceptance Date. Deed of Trust - 2018 54 of 262 Attachment No. 3 F. The City shall review the Total Cost Expenditure submitted by the Property Owner. If no discrepancies with the Total Cost Expenditure exist, and all other obligations under this Agreement have been met, the City shall pay to the Property Owner, within thirty (30) days' receipt of the Total Cost Expenditure, an amount equal to the amount set forth in the Total Cost Expenditure up to the amount of the Loan. 8. RECORDED DEED OF TRUST A. A Deed of Trust shall be recorded in the Office of the San Diego County Recorder. B. In the event of a default by the Property Owner or Participant under this Agreement, the Note or the Deed of Trust, or if the Property Owner has not paid the City the full cost of any Emergency Repairs (including accrued interest) performed to the Property the City shall have the right to foreclose on the Deed of Trust. 9. TIME OF PERFORMANCE The Contractor must complete the Improvements within six (6) MONTHS of the date of this Agreement. The Property Owner shall submit the Total Cost Expenditure to the Project Manager no later than thirty (30) days after the Acceptance Date. 10. LIABILITY; INDEMNIFICATION AND HOLD HARMLESS The Property Owner and Participant shall be responsible for all injuries to persons and/or all damages to real or personal property of the City or others, caused by or resulting from the negligence and/or breach of this Agreement, by the Property Owner, Participant, their employees, contractors, subcontractors and/or agents during the construction of the Improvements, or arising out of this Agreement, except those arising from the sole negligence or willful misconduct of the City. The Property Owner and Participant each agree to defend, indemnify and hold harmless the 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 Property Owner and Participants' respective 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 Property Owner and Participant 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. 11. WORKERS' COMPENSATION Deed of Trust - 2018 55 of 262 Attachment No. 3 The Property Owner and Participant 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 liability under any of said acts which may be incurred by reason of any work to be performed by the Property Owner and Participant under this Agreement. 12. INSURANCE The Property Owner, at Property Owner's sole cost and expense, shall purchase and maintain, and shall require their Contractor, when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. 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. B. 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. C. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of Contractors' employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If Contractor have no employees subject to the California Workers' Compensation and Labor laws, Contractor shall execute a Declaration to that effect. Said Declaration shall be provided by the Property Owner and Contractor to 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 Property Owner and Contractor shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. Deed of Trust - 2018 56 of 262 Attachment No. 3 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 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 Property Owner and Contractor do 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. K. If the Property Owner and Contractor maintain 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 Property Owner and Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 13. NOTICE OF DEFAULT If the Property Owner or Participant (or both) fail to perform or observe any of their respective obligations required by this Agreement, the City will provide written notice to the Property Owner or Participant (or both) explaining such default. If Property Owner or Participant (or both) fail to correct such default within thirty (30) days' receipt of the notice, and fail to make diligent efforts to correct the default, the Loan will become immediately repayable pursuant to Sections 5, 6, and 8 of this Agreement. 14. ENTIRE AGREEMENT; EXHIBITS AND SCHEDULES A. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties regarding the site improvement provisions described in this Agreement. No subsequent agreement, representation, or promise made by either party to this Agreement, or by or to an employee, officer, agent or representative of any party to this Agreement shall be of any effect unless it is in writing and executed by the party to be bound thereby. Deed of Trust - 2018 57 of 262 Attachment No. 3 B. The Exhibits attached to this Agreement are hereby incorporated to this Agreement 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. 15. MODIFICATIONS TO AGREEMENT The terms of this Agreement may not be modified or amended except by an instrument in writing signed by each of the parties to this Agreement. 16. CONSTRUCTION OF AGREEMENT The parties acknowledge that (1) each party is of equal bargaining strength, (2) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (3) 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, (4) each party and such party's counsel and advisors have reviewed this Agreement, (5) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (6) 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. Deed of Trust - 2018 58 of 262 Attachment No. 3 CITY OF NATIONAL CITY By: Leslie Deese, City Manager APPROVED AS TO FORM: Angil P. Morris Jones City Attorney By: Roberto M. Contreras Deputy City Attorney [insert name of Property Owner of [insert property City, California 91950 (Corporation — signatures officers required) Owner], Property address], National of two corporate By: (Name) (Print) (Title) By: (Name) (Print) (Title) [insert name of Participant], Operator of "[insert name of business]" (located at [insert business address] National City, California 91950) (Corporation — signatures of two corporate officers required) By: (Name) (Print) (Title) Deed of Trust - 2018 59 of 262 Attachment No. 3 NO CHARGE ON THIS DOCUMENT FOR THE BENEFIT OF THE CITY OF NATIONAL CITY Recording Requested By: City of National City Housing and Economic Development Department 1243 National City Boulevard National City, CA 91950-4301 And When Recorded Mail To: City of National City Housing and Economic Development Department 1243 National City Boulevard National City, CA 91950-4301 DEED OF TRUST THIS DEED OF TRUST is made this by whose address is ("Trustor"), to Stewart Title Company, a California corporation ("Trustee"); for the benefit of the City of National City ("Beneficiary"), whose address is 1243 National City Boulevard, National City, California 91950-4301. TRUSTOR HEREBY irrevocably grants, transfers, and assigns to Trustee, in trust, with power of sale, all that property, including, but not limited to, real property ("Property" or the "Business") located at , National City, CA, 91950, APN Nos. , in the City of National City, County of San Diego, State of California, more particularly described as: FOR THE PURPOSE OF SECURING: (1) Payment of the indebtedness evidenced by a promissory note of even date herewith executed by Trustor, in the principal sum of AND NO/IOO DOLLARS ($ ), and any renewal, extension, or modification of the promissory note (the "Note"); Deed of Trust - 2018 60 of 262 Attachment No. 3 (2) Any additional sums and interest that may hereafter be loaned to the then record owner of the Business by Beneficiary, when evidenced by another note or notes reciting that it or they are so secured; and (3) The performance of each agreement contained in this Deed of Trust (4) The performance of each agreement of Trustor under that certain Signage and Facade Maintenance Agreement of even date herewith. (5) A. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES: Maintenance and Repair (1) To keep the Property/Business in good condition and repair; not to remove or demolish any buildings on the Property; to complete or restore promptly and in good and workmanlike manner any building that may be constructed, damaged or destroyed on the Property/Business ; to pay when due all claims for labor performed and materials furnished for the Property/Business, to comply with all laws affecting the Property/Business or requiring any alterations or improvements to be made on the Property/Business; not to commit or permit waste of the Property/Business; not to commit, suffer or permit any act upon the Property/Business in violation of law; and to cultivate and maintain the landscaping, and do all other acts that from the character or use of the Property/Business may be reasonably necessary. A. If the Beneficiary determines that the Improvements described in the Signage and Facade Maintenance Agreement have been properly maintained for at least five (5) years following the Acceptance Date, the Beneficiary will forgive the Loan, as defined in the Signage and Facade Maintenance Agreement. If forgiven, the Trustor will not be required to repay the Loan to the Beneficiary. However, the Loan will become immediately repayable to the Beneficiary if: (1) the Property is: sold; conveyed; refinanced (except for refinances involving existing secured debt which is in a superior position to the Loan); vacated; transferred; or assigned without the written consent of the Beneficiary. (2) the Beneficiary determines that the Improvements are not properly maintained as required by this Section and the Trustor or the Participant, as defined in the Signage and Facade Maintenance Agreement, does not restore the Improvements to a condition acceptable to the Beneficiary within thirty (30) days following the Beneficiary's delivery of written notice to the Trustor and the Participant indicating in reasonable detail the nature of the improper maintenance of the Improvements. Deed of Trust - 2018 61 of 262 Attachment No. 3 Fire Insurance (2) To provide, maintain, and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary as its interest may appear. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured by this Deed of Trust, and in any order determined by Beneficiary, or at the option of Beneficiary, the entire amount so collected or any part of that amount may be released to Trustor, except that if the proceeds of the award for any taking or injury to the Property/Business or the amount of such proceeds plus funds provided by Trustor is sufficient to allow for the repair and restoration of the Property/Business, and such repair and/or restoration is physically and legally possible, then the Trustor shall use the proceeds of the award to timely effectuate such repair and/or restoration. Upon receipt of such proceeds, Beneficiary may hold the proceeds as further security, or apply or release them in the same manner and with the same effect as provided in this Deed of Trust for the disposition of proceeds of fire or other insurance. This application or release shall not cure or waive any default or notice of default under this Deed of Trust or invalidate any act done pursuant to such a notice. Defense of Security (3) To appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary, or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorneys' fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed of Trust. Payment of Liens and Taxes (4) To pay, at least ten (10) days before delinquency, all taxes and assessments affecting the Business/Property, including assessments on appurtenant water stock, all encumbrances, charges, and liens, with interest, on the Property/Business or any part of the Property/Business, which appear to be prior or superior to this Deed of Trust; and all costs, fees, and expenses of this Trust. If Trustor fails to make any payment or to do any act as provided in this Deed of Trust, then Beneficiary or Trustee may (but is not obligated to) make the payment or do the act in the required manner, and to the extent deemed necessary to Beneficiary or Trustee to protect the security of this Deed of Trust. The performance by Beneficiary or Trustee of such an act shall not require notice to or demand upon Trustor, and shall not release Trustor from any obligation under this Deed of Trust. Beneficiary or Trustee shall also have the right and power: to enter upon the Property/Business for the foregoing purposes pursuant to the Irrevocable License and to appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights and powers of Beneficiary or Trustee; to pay, purchase, contest, or compromise any encumbrance, charge, or lien that in the judgment of either appears to be prior or superior to this Deed of Trust; to employ counsel; and to pay necessary expenses and costs, including attorneys' fees. A. Any payments owed to the City pursuant to this Section 4 shall accrue interest at ten percent (10%) per annum or at the highest amount permitted by applicable law, whichever is lower. Any payments the City receives pursuant to this Section 4 shall first Deed of Trust - 2018 62 of 262 Attachment No. 3 be applied to accrued interest, then to the principal amount. B. In the event any of the conditions set forth in Section 1.A.(1) or(2), above, are triggered, the Loan shall be deemed to have accrued: (i) 3% simple interest from the Acceptance Date until the date such condition is triggered; plus (ii) simple interest at the rate of 10% beginning on the date the condition is triggered until all principal and interest of the Loan is paid in full. Reimbursement of Costs (5) To pay immediately and without demand all sums expended by Beneficiary or Trustee pursuant to this Deed of Trust, with interest from date of expenditure at the amount allowed by law in effect at the date of this Deed of Trust, and to pay any reasonable amount demanded by Beneficiary (up to the maximum allowed by law at the time of the demand) for any beneficiary statement requested by Trustor or any other beneficiary of a Deed of Trust encumbering the Property/Business regarding the obligation secured by this Deed of Trust. Obligations of Trustor (6) That Trustor will not permit or suffer the use of any of the Property/Business for any purpose other than the use for which the same was intended at the time this Deed of Trust was executed. (7) That the Signage and Facade Improvement Loan Agreement as defined in the Note is incorporated herein by reference and made a part of this Deed of Trust. (8) To perform, in a timely manner, each agreement and covenant by and between Trustor on any and all notes, loans, and deeds of trust that are senior and/or junior to this Deed of Trust. A default in any of these obligations, beyond any applicable cure period, shall constitute a default under the Deed of Trust. B. TRUSTOR AGREES THAT: Condemnation Award (1) Any award of damages in connection with any taking or condemnation, or for injury to the Property/Business by reason of public use, or for damages for private trespass or injury to the Property/Business , is hereby assigned and shall be paid to Beneficiary, as its interest may appear as further security for all obligations secured by this Deed of Trust, except that if the proceeds of the award for any taking or injury to the Property/Business or the amount of such proceeds plus funds provided by Trustor is sufficient to allow for the repair and restoration of the Property/Business , and such repair and/or restoration is physically and legally possible, then the Trustor shall use the proceeds of the award to timely effectuate such repair and/or restoration. Upon receipt of such proceeds, Beneficiary may hold the proceeds as further security, or apply or release them in the same manner and with the same effect as provided in this Deed of Trust for the disposition of proceeds of fire or other insurance. Deed of Trust - 2018 63 of 262 Attachment No. 3 Waiver of Late Payments (2) By accepting payment of any sum secured by this Deed of Trust after its due date, Beneficiary does not waive its right either to require prompt payment when due of all other sums so secured or to declare default for failure to pay any indebtedness secured by this Deed of Trust. Trustee's Powers (3) Upon written request of Beneficiary and presentation of this Deed of Trust, Trustee may (a) reconvey all or any part of the Property/Business; (b) consent to the making and recording, or either, on any map or plat of all or any part of the Property/Business; (c) join in granting any easement of the Property/Business; or (d) join in or consent to any extension agreement or any agreement subordinating the lien, encumbrance, or charge of this Deed of Trust. Trustee need not provide Trustor with notice before taking any of the foregoing actions, and shall not be liable for the proper performance of the act. The exercise by Trustee of any of the foregoing powers shall not affect the personal liability of any person for payment of the indebtedness secured by this Deed of Trust, or the lien of this Deed of Trust on the remaining Property/Business as security for the repayment of the full amount secured by this Deed of Trust. Full Reconveyance (4) Upon written request of Beneficiary stating that all obligations secured by this Deed of Trust have been performed in full, surrender of this Deed of Trust, any notes secured by this Deed of Trust to the Trustee for cancellation and retention, and payment of Trustee's fees and charges, Trustee shall reconvey, without warranty, the Property/Business then subject to this Deed of Trust. Absent manifest error, the recitals in the Reconveyance shall be conclusive proof of the truthfulness of the recitals. The grantee in the Reconveyance may be described as "the person or persons legally entitled thereto." Five years after issuance of the full reconveyance, Trustee may destroy the Note and this Deed of Trust, unless directed in the request to retain them. Assignment of Rents (5) As additional security, Trustor hereby gives to and confers upon Beneficiary the right, power, and authority during the continuance of these Trusts, to collect the rents, issues, and profits of the Property/Business, but reserves the right, prior to any default by Trustor in payment of any indebtedness secured by this Deed of Trust or in the performance of any agreement under this Deed of Trust, to collect and retain these rents, issues, and profits as they become due and payable. Upon any such default for which cure has not been commenced within thirty (30) days and thereafter completed with diligence, Beneficiary may, without notice and without regard to the adequacy of the security for the indebtedness secured by this Deed of Trust, either personally or by agent or court -appointed receiver, do the following: enter upon and take possession of the Property/Business or any part of the Property/Business : sue for or otherwise collect all rents, issues, and profits, including those past due and unpaid; and apply these rents, issues, and profits, less costs and expenses of operation and collection (including reasonable attorneys' fees), upon any indebtedness secured by this Deed of Trust, in any order determined by Beneficiary. The exercise of the foregoing rights by Beneficiary shall not cure or waive any default under this Deed of Trust or invalidate any act done pursuant to such a notice. Deed of Trust - 2018 64 of 262 Attachment No. 3 Default in Foreclosure (6) Upon default by Trustor in the payment of any indebtedness secured by this Deed of Trust or in the performance of any obligation under this Deed of Trust for which cure has not been commenced within thirty (30) days, and thereafter completed with diligence, Beneficiary may deciare all sums secured by this Deed of Trust immediately due and payable by delivering to Trustee a written declaration of default and demand for sale and a written notice of default and election to sell the Property/Business. Trustee shall cause the notice of default and election to sell to be recorded. Beneficiary also shall deposit with Trustee this Deed of Trust, a copy of the Agreement, and all other documents evidencing obligations secured by this Deed of Trust. After the required time period has lapsed following the recordation of the Notice of Default, and after notice of sale has been given as required by law, Trustee, without demand on Trustor, shall sell the Property/Business at the time and place specified in the notice of sale, either as a whole or in separate parcels, and in any order determined by Trustee, at public auction to the highest bidder for cash in lawful money of the United States, payable at the time of sale. Trustee may postpone sale of all or any portion of the Property/Business by public announcement at the time and place of sale, and from time to time thereafter may postpone the sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser at the auction its deed conveying the Property/Business old, but without any covenant or warranty, express or implied. Absent manifest error, the recital in the deed of any matter or fact shall be conclusive proof of the truthfulness of the recital. Any person, including Trustor, Trustee, or Beneficiary, may purchase at the sale. After deducting all costs, fees, and expenses of Trustee and Beneficiary under this paragraph, including costs of procuring evidence of title incurred in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms of this Deed of Trust, not then repaid, with accrued interest at the amount allowed by law in effect at the date of this Deed of Trust; all other sums then secured by this Deed of Trust; and the remainder, if any, to the person or persons legally entitled to the remaining proceeds. General Provisions (7) This Deed applies to, inures to the benefit of, and binds all parties to this Deed of Trust, and their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term "Beneficiary" shall mean City of National City, and the heirs, legatees, devisees, administrators, executors, and assigns of any such person. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. Acceptance by Trustee (9) Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party to this Deed of Trust of pending sale under any other deed of trust or of any action or proceeding in which Trustor, Beneficiary, or Trustee shall be a party unless brought by Trustee. Deed of Trust - 2018 65 of 262 Attachment No. 3 Substitution of Trustees (10) Beneficiary, or any successor in ownership of any indebtedness secured by this Deed of Trust, may from time to time, by written instrument, substitute a successor or successors to any Trustee named in or acting under this Deed of Trust. The substitution instrument shall contain the name of the original Trustor, Trustee, and Beneficiary under this Deed of Trust, the book and pate where this Deed is recorded, and the name and address of the new Trustee. When executed by Beneficiary, and duly acknowledged and recorded in the office of the recorder of the county or counties where the Property/Business is situated, the substitution instrument shall be conclusive proof of proper substitution of the successor Trustee or Trustees. Any successor Trustee or Trustees shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers, and duties. Cumulate Powers and Remedies (11) The powers and remedies conferred in the Deed of Trust are concurrent and cumulative to all other rights and remedies provided in this Deed of Trust or given by law. These powers and remedies may be exercised singly, successively, or together, and as often as deemed necessary. Conclusiveness of Recitals (12) The recitals contained in any Reconveyance, trustee's deed, or any other instrument executed by the Trustee from time to time under the authority of this Deed of Trust or in exercise of its powers or the performance of its duties under this Deed of Trust, shall be conclusive evidence of their truth, whether stated as specific and particular facts, or in general statements or conclusions absent manifest error. Further, the recitals shall be binding and conclusive upon the Trustor, its heirs, executors, administrators, successors, and assigns, and all other persons. Attorneys' Fees (13) If any action is brought for the foreclosure of this Deed of Trust or for the enforcement of any provision of this Deed of Trust (whether or not suit is filed), Trustor agrees to pay all costs and expenses of Beneficiary and Trustee, including reasonable attorneys' fees; and these sums shall be secured by this Deed of Trust. Co -trustees (14) If two or more persons are designated as Trustee in this Deed of Trust, any, or all, power granted in this Deed of Trust to Trustee may be exercised by any of those persons, if the other person or persons are unable, for any reason, to act. Any recital of this inability in any instrument executed by any of those persons shall be conclusive against Trustor and Trustor's heirs and assigns. Request for Notices of Default and Sale (15) In accordance with Section 2924b of the California Civil Code; request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale under that Deed of Trust executed by the Trustor concerning this Property/Business be mailed to: Deed of Trust - 2018 66 of 262 Attachment No. 3 City of National City Housing and Economic Development .1243 National City Boulevard National City, CA 91950-4301 NOTICE: A copy of any notice of default and of any notice of sale will be sent only to the address contained in this recorded request. If your address changes, a new request must be recorded. The undersigned Trustor requests that a copy of any notice of default and of any notice of sale under this Deed of Trust be mailed to Trustor at the address of Trustor set forth above. Reasonable Inspection (17) Trustor shall permit Beneficiary and its agents or representatives, to inspect the Property/Business at any and all reasonable times, with at least 24 hours advance notice. Inspections shall be conducted so as not to interfere with the tenants' use and enjoyment of the Property/Business. Hazardous Materials (18) For purposes of this Deed of Trust, "Hazardous Materials" mean and include any hazardous, toxic or dangerous waste, substance or material including, without limitation, flammable explosives, radioactive materials, asbestos, hazardous wastes or toxic substances in (or for purposes of) the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), as amended (42 U.S.C. 9601, et seq.), the Hazardous Materials Transportation Act (49 U.S.C. 1801, et seq.), the Resource Conservation and Recovery Act (42 U.S.C. 6901, et seq.), and those substances defined as hazardous wastes in 25117 of the California Health and Safety Code or as hazardous substances in 25316 of the California Health and Safety Code or in any regulations promulgated under either such law, any so-called "Superfund" or "Superlien" law, or any other federal, state, or local statute, law, ordinance, code, rule, regulation, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect. (19) In addition to the general and specific representations, covenants, and warranties set forth in the Deed of Trust or otherwise, Trustor represents, covenants, and warrants, with respect to Hazardous Materials, as follows: (a) Neither Trustor nor, to the best knowledge of Trustor, any other person, has ever caused or permitted any Hazardous Materials to be manufactured, placed, held, located or disposed of on, under or at the Property/Business or any part thereof, and neither the Property/Business nor any part thereof, or any Property/Business adjacent thereto, has ever been used (whether by the Trustor or, to the best knowledge of the Trustor, by another person) as a manufacturing site, dump site, or storage site (whether permanent or temporary) for any Hazardous Materials; (b) Trustor hereby agrees to indemnify Beneficiary, its officers, employees contractors, and agents, and hold Beneficiary, its officers, employees, contractors and agents harmless from Deed of Trust - 2018 67 of 262 Attachment No. 3 and against any and all losses, liabilities, damages, injuries, costs,' expenses and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against Beneficiary, its officers, employees, contractors or agents for, with respect to, or as a direct or indirect result of, the presence or use, generation, storage, release, threatened release or disposal of Hazardous Materials on or under the Property/Business or the escape, seepage, leakage, spillage, discharge, emission or release of any Hazardous Materials from the Property/Business(including, without limitation, any losses, liabilities, damages, injuries, costs, expenses, or claims asserted or arising under CERCLA, any so-called "Superfund" or "Superlien" law, or any other federal, State or local statute law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any Hazardous Materials) regardless of whether or not caused by or within the control of Trustor. Notwithstanding the foregoing, Trustor's obligations under this section shall not apply to any losses, liabilities, damages, injuries, costs, expense, or claims which arise out of or relate to Hazardous Materials which are generated, released or stored on the Property/Business after the date that Beneficiary takes possession thereof. (c) Trustor has not received any notice of (i) the happening of any event involving the use, spillage, discharge, or cleanup of any Hazardous Materials ("Hazardous Discharge") affecting Trustor or the Property/Business or (ii) any complaint, order, citation, or notice with regard to air emissions, water discharges, noise emissions, or any other environmental, health, or safety matter affecting Trustor, or the Property/Business("Environmental Complaint") from any person or entity, including, without limitations, the United States Environmental Protection Agency ("EPA"). If Trustor receives any such notice after the date hereof, then Trustor will give, within seven (7) days thereafter, oral and written notice of same to Beneficiary. (d) Without limitation of Beneficiary's rights under this Deed of Trust, Beneficiary shall have the right, but not the obligation, to enter onto the Property/Business or to take such other actions as it deems necessary or advisable to clean up, remove, resolve, or minimize the impact of, or otherwise deal with, any such Hazardous Materials or Environmental Complaint upon its receipt of any notice from any person or entity, including without limitation, the EPA, asserting the existence of any Hazardous Materials or an Environmental Complaint on or pertaining to the Property/Business , which if true, could result in an order, suit, or other action against Trustor affecting any part of the Property/Business by any governmental agency or otherwise which, in the sole opinion of Beneficiary, could jeopardize its security under the Deed of Trust. All reasonable costs and expenses incurred by Beneficiary in the exercise of any such rights shall be secured by this Deed of Trust, and shall be payable by Trustor upon demand together with interest thereon at a rate equal to the highest rate payable under the note secured hereby. Continuing Obligations (e) The foregoing representation, covenants, indemnities, and warranties shall be continuing, and shall be true and correct for the period from the date hereof to the release of this Deed of Trust (whether by payment of the indebtedness secured hereby or foreclosure or action in lieu thereof), and these representations, covenants, indemnities, and warranties shall survive such release. Deed of Trust - 2018 68 of 262 Attachment No. 3 Successor Owners (20) Each successor owner of an interest in the Property/Business other than through foreclosure or deed in lieu of foreclosure, shall take its interest subject to this Deed of Trust. Governing Law (21) This Deed of Trust shall be governed by and construed in accordance with the laws of the State of California. Dated Trustor: Sate California County of On before me, , personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public Deed of Trust - 2018 69 of 262 Attachment No. 3 NOTE $ National City, San Diego County, California. 1. FOR VALUE RECEIVED, and in consideration of that certain Signage and Facade Maintenance Agreement ("Agreement") of even date herewith, made by the City of National City ("City") and ("Maker"), the Maker promises to pay to the City or order, at 140 East 12th Street, Suite B, National City, California, or at any other place that any holder of this Note may designate in writing, the principal sum of $ subject to the terms and conditions set forth hereafter. This Note is executed pursuant to the Agreement and the deed of trust ("Deed of Trust"), being executed concurrently herewith, to be recorded in the office of the County Recorder of San Diego County. All capitalized terms which are not defined herein shall have the meaning ascribed to them in the Agreement. 2. Terms of Loan. If the Holder determines that the Improvements described in the Contractor's Agreement and Scope of Work have been properly maintained at all times during the five (5) years following the Acceptance Date, this Note shall be forgiven in its entirety. Provided, however, this Note shall become immediately repayable to the City if either: (a) the Property is: sold; conveyed; refinanced (except for refinances involving existing secured debt which is in a superior position to the Deed of Trust); vacated; transferred; or assigned less than five (5) years following the Acceptance Date, without the written consent of the City.(b) the City determines that the Improvements are not properly maintained as required by Section 4 of the Agreement and the Maker or the Participant does not restore the Improvements to a condition acceptable to the City within thirty (30) days following the City's delivery of written notice to the Maker and the Participant indicating in reasonable detail the nature of the improper maintenance of the Improvements. (c) In the event any of the conditions set forth in Section 2(a) or (b), above, are triggered, this Note shall become immediately due and payable and this Note shall be deemed to have accured: (i) 3% simple interest from the Acceptance Date until the date such condition is triggered; plus (ii) simple interest at the rate of 10% beginning on the date the condition is triggered until all principal and interest of the Loan is paid in full. (d) The maker shall have the right to prepay the principal of this note in whole or in part prior to its due date without premium or penalty. (e) If this Note is placed in an attorney's hands for collection, or collected by a lawsuit or through a bankruptcy, or probate, or any other court, either before or after maturity, there shall be paid to the holder of this Note reasonable attorneys' fees, costs, and other expenses incurred by the holder in enforcing the terms of this note. Deed of Trust - 2018 70 of 262 Attachment No. 3 (f) Failure to carry out any of the terms, covenants, or condition of this Note, the Agreement or the Deed of Trust, shall authorize the holder of this Note to declare as immediately due and payable all of the then -unpaid principal and interest, and to exercise any and all of the rights and remedies set forth in this Note, the Agreement and the Deed of Trust, as well as all other rights and remedies either at law or in equity possessed by the holder of the Note. (g) The makers, signers, and endorsers of this Note jointly and severally waive presentment, notice of dishonor, and protest. MAKER: Dated Deed of Trust - 2018 71 of 262 CC/CDC-HA Agenda 2/5/2019 — Page 72 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving the establishment of an appropriation in the amount of $54,223 from Development Impact Fee (DIF) funds, toward the purchase of the existing Squad mobile home trailer for the National City Fire Department. (Fire) Please scroll down to view the backup material. 72 of 262 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 5, 2019 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City approving the transfer of $54,223 from the Development Impact Fee fund to the General Fund and the establishment of a corresponding General Fund appropriation for the purchase of the existing Squad mobile home trailer for the National City Fire Department. (Fire) PREPARED BY: Frank Parra, Director of Emer. Services DEPARTMENT: Fire PHONE: 619-336-4551 APPROVED BY: EXPLANATION: On January 22, 2019, the City Council approved the Squad Program as a permanent emergency service delivery model for the National City Fire Department. Since October 9, 2018, the Squad has been operating out of a leased mobile home trailer located next to El Toyon Park. The lease payment has been $2,533.06 per month including taxes. The expected useful life of the mobile home trailer is 20 years. The National City Fire Department would like to use Development Impact Fee (DIF) funds in the amount of $49,860.00 plus sales tax totaling $54,223.00 to purchase the mobile home trailer. FINANCIAL STATEMENT: APPROVED: --�'//Q �aZZ FINANCE ACCOUNT NO. APPROVED: MIS 001-00000-3999 (Transfers from Other Funds) - $54,223 325-409-000-099-0000 (Transfers to Other Funds) - $54,223 001-412-000-569-0000 (Buildings) - $54,223 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. Price Sheet Proposal 2. Resolution 73 of 262 Protect Proposal 9/8/2016 Page 5 of 5 PRICE SHEET PROPOSAL 28'x68' USED MODULAR BUILDING Purchase Building Only: $49,860.00 Building Per Attached Specification: Per Month Minimum 12 Months $2117.50 Mo Building Per Attached Specification: Per Month Minimum 36 Months $1,530.18 Mo Building Per Attached Specification: Per Month Minimum 60 Months $1329.31 Mo Tax not Included: UP -FRONT FEES Delivery: Included Set -Up; Included Tie downs; Included Skirting Included Make Final Connection To Electric: Included Make Final Connection To Plumbing; Included General Conditions: Included $35,936.00 OPTIONS Provide ADA/OSHA Steps(2) $6,060.00 Standard Modular Steps(2) $1,600.00 Handicap Ramp (1) $8,500.00 DISMANTLE & RETURN Dismantle & Return: $6,966.00 • Building To Be Repainted (0, Ext, And new Carpet @ Bedrooms And Dayroom Only all other Flooring To Be Cleaned, Please Schedule A Site Visit W/ AMCI Prior to Approval. *All other restored site work excluded upon dismantle and return of buildings. Buildings must be accessible without use of any equipment with exception to forklift/truck upon removal. To Hold Buildingslst months' rent will be due. And $300.00 Per Month for storage From Junel Dec 31 74 of 262 CC/CDC-HA Agenda 2/5/2019 — Page 75 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City establishing a budget appropriation in the amount of $250,000 for tenant improvements at the property located at 1430 Hoover Avenue in National City to provide secure storage for the National City Police department. (Engineering/Public Works) Please scroll down to view the backup material. 75 of 262 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 5, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City establishing a budget appropriation in the amount of $250,000 for tenant improvements at the property located at 1430 Hoover Avenue in National City to provide secure storage for the National City Police department. PREPARED BY: Roberto Yano DEPARTMENT: Engineering/Public Works PHONE: 619-336-4383 APPROVED BY: EXPLANATION: See attached FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS The appropriation of $xxx from unassigned fund balance of fund 131-2501 to 131-409-500-598-1612. The appropriation of $xxxx from unassigned fund balance of fund 325-2501 to 325-409-500-598-1612. The remaining $xxxx from Acc No. 296-409-500-598-1596 WI-TOD / PW Relocation. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. 2. Explanation Resolution 76 of 262 EXPLANATION On May 15, 2018 City Council adopted Resolution 2018-85 (attached) authorizing the City Manager to purchase the real property located at 1430 Hoover Avenue in National City. The purchase was authorized in order to provide secure storage for the National City Police department and other departments' oversized vehicles and trailers. In addition, the occupancy is intended to be adjusted to suit the training needs of PD staff. At that time Council appropriated $100,000 for tenant improvements (Tls), From June, 2018 through August, 2018, one of the City's consultants, Project Professionals Corporation (PPC) met with City building and fire officials as well as Sweetwater Water Authority representatives to identify the extent of the Tls. The Tls will include the removal of unpermitted existing improvements, fire -life safety, and other code compliance measures. In addition, PPC solicited and provided architectural services for the necessary Tis. PPC met with Ferguson Pape Baldwin Associates, P1att/Whitelaw Architects, Inc., and Urban Workshop Design. All three architectural companies visited the site and determined that additional specialties such as mechanical, electrical, plumbing, and structural were required to address the code violations at the property. Ferguson Pape Baldwin Associates and PlattANhitelaw Architects, Inc. were unable to provide a competitive price a due to the accelerated schedule that was required for development of permit drawings. Urban Workshop Design (UWD) provided an acceptable proposal. UWD has obtain approval from the City for work required As a result of the detailed design and construction projections conducted to date, Staff requests that Council authorize additional funds in the amount of $250,000 to complete the Tis and deliver the property to Police Department first quarter of calendar year 2019. 77 of 262 RESOLUTION NO. 2018 — 85 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE THE STANDARD OFFER, AGREEMENT, AND ESCROW INSTRUCTIONS FOR THE PURCHASE OF REAL PROPERTY LOCATED AT 1430 HOOVER AVENUE IN NATIONAL CITY IN ORDER TO PROVIDE SECURE STORAGE FOR THE NATIONAL CITY POLICE DEPARTMENT AND OTHER DEPARTMENTS' OVERSIZED VEHICLES AND TRAILERS, FOR A TOTAL SALES PRICE OF $973,350 AND THE PAYMENT OF CLOSING COSTS NOT TO EXCEED $10,000, AND $100,000 FOR TENANT IMPROVEMENTS; AND AUTHORIZING THE ESTABLISHMENT OF A BUDGET APPROPRIATION IN THE AMOUNT OF $200,000 FROM AVAILABLE FUND BALANCE OF THE ASSET FORFEITURE FUND, AND $215,000 FROM AVAILABLE FUND BALANCE OF THE DEVELOPMENT IMPACT FEES FUND WHEREAS, as part of a pending relocation process, the National City Police Department ("NCPD") and the Public Works Department ("PW") need space to store vehicles and supplies that were previously stored at the Public Works Yard located at 2100 Hoover Avenue (the "locations"); and WHEREAS, the City demolished the facility at the location, conducted required environmental remediation, and sold the property to the National City Housing Authority for the development of a 201 unit affordable housing project known as W I-TOD or the Paradise Creek Affordable Housing Project; and WHEREAS, the NCPD has been actively searching for a location to securely store their Mobile Command Vehicle, SWAT armored vehicle and support vehicles, traffic radar trailers, DUI trailer, Crisis Negotiations trailer, surveillance van, and motorcycles; and WHEREAS, the real property ("Property") located at 1430 Hoover Avenue is 0.18 acres with a 6,400 square foot warehouse ('Warehouse") that is available for purchase; and WHEREAS, after an extensive search, the Warehouse was found to be ideal for NCPD's and PW's vehicle and equipment storage needs; and WHEREAS, City staff proposed to negotiate the purchase of the Property during a Closed Session Meeting of the City Council on April 17, 2018, and received direction to make an offer on the Property; and WHEREAS, the City procured an appraisal for the Property, which was appraised at $1,150,000; and WHEREAS, City staff negotiated a sales price of $973,350 and the payment of closing costs not to exceed $10,000; and WHEREAS, City staff negotiated $100,000 in needed tenant improvements, including modifications to make the Warehouse ADA compliant, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Manager or designee to execute a Purchase and Sale Agreement and any related escrow documents necessary to complete the purchase of the property located at 1430 Hoover Avenue in order to provide secure storage for Police 78 of 262 Resolution No. 2018 — 85 Page Two Department and other departments' oversized vehicles and trailers, for a total sales price of $973,350, and the payment of closing costs not to exceed $10,000, and $100,000 for tenant improvements. Said Agreement is on file in the office of the City Clerk, BE IT FURTHER RESOLVED, that the City Council authorizes a budget appropriation of $200,000 from available fund balance of the Asset Forfeiture Fund and $215,000 from available fund balance of the Development Impact Fees Fund. PASSED and ADOPTED this 15th day of May, 2018. Morrison,, ayor ATTEST: MI ael R. D. Ha, " ity Clerk APPROVED AS TO FORM: r A gil + o" s- • ne Cit torney 79 of 262 Passed and adopted by the Council of the City of National City, California, on May 15, 2018 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City Clerk of the City of atIonal ity, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2018-85 of the City of National City, California, passed and adopted by the Council of said City on May 15, 2018. City Clerk of the City of National City, California By: Deputy 80 of 262 CC/CDC-HA Agenda 2/5/2019 — Page 81 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City accepting and filing the Report on capital improvement projects completed under the limits set forth by the Uniform Public Construction Cost Accounting Act (Act). (Engineering/Public Works) Please scroll down to view the backup material. 81 of 262 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 5, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City accepting and filing the Report on capital improvement projects completed under the limits set forth by the Uniform Public Construction Cost Accounting Act (Act). PREPARED BY: Jose Lopez, P.E., Associate Engineer DEPARTMENT: Enggi ring/Public Works PHONE: 619-336-4312 APPROVED BY: EXPLANATION: On October 4, 2016, per Resolution No. 2016-160, the City Council adopted Chapter 2.62 of the National City Municipal Code titled "Alternative Bid Procedures for Public Projects", which as required by Public Contract Code Section 22034, is an informal bidding ordinance that governs the selection of contractors to perform public projects required by the Uniform Public Construction Cost Accounting Act (Act). The primary benefits include: • Allowing participating public agencies to expedite contracting for smaller public works projects; • Increasing informal bidding limits (currently up to $175,000); • Increasing limits for work involving City forces (currently up to $45,000); • Establishing a list of qualified contractors to perform the work. Please note, as of January 1, 2019 the Act's limits have been increased from $175,000 to $200,000 for informal bidding, and from $45,000 to $60,000 for work involving City forces. Please see attached presentation, for a summary of completed projects to date. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. PPT Presentation 2. Report 182 of 26d Staff Report Below are tables summarizing the capital improvement projects completed under the limits set forth by the Uniform Public Construction Cost Accounting Act. Engineering Project Name Original Contract Amount Total Cost Date of Completion ARTS Building Roof Replacement $115,151 $98,534.00 June 21, 2017 Storm Drain System Repairs $44,001 $52,310.701 July 3, 2017 Fire Station 33 Squad Station $167,970 $186,923.501 September 22, 2017 Plaza Blvd Pedestrian Enhancements $101,260.59 $101,194.84 November 13, 2018 Lincoln Acres Raised Crosswalk $57,200 $56,890 May 18, 2018 Demolition and Disposal of Structures Located at 420 W. 21st Street $18,002.50 $16,138.21 June 13, 2018 8th St. Bridge Gateway Sign Project $164,000 $185,4201 April 14, 2018 Paradise Trail Wayfinding Phase I $47,950 $47,950.00 April 26, 2018 24th Street Community Gateway $45,000 $54,987.00 February 5, 2018 Main Street Community Gateway $45,000 $45,000.00 January 24, 2018 National City Police Department Roof Replacement $153,550 $157,780.00 September 23, 2018 W. 21st street Tree Removal $4,330 $5,770.00 November, 2, 2018 1. "Change orders. The city manager may approve change orders for public projects in amounts not exceeding an aggregate of twenty-five percent or fifty -thousand dollars, whichever is greater, over the original authorized contract price without prior city council approval." Public Works — Asphalt Repairs Project Location Total Cost Date of Completion E. 24th Street and "D" Avenue $6,761.95 1/30/2017 800 block of "V" Avenue $6,761.95 1/31/2017 83 of 262 200 "N" Avenue $10,819.12 3/01/2017 Palm Avenue and E. 4th Street $5,409.56 3/07/2017 El Toyon Park $8,114.34 4/05/2017 E. 25th Street and "A" Avenue $6,761.95 5/31/2017 E. 14th Street and Lanoitan Avenue $12,171.51 7/13/2017 Alley north of E. 7th Street west of "B" Avenue $4,733.37 8/24/2017 Alley north of E. 18th Street west of "C" Avenue $6,761.95 9/06/2017 Fire Station 31 Parking Lot $4,057.17 9/13/2017 Las Palmas Park $2,704.78 9/13/2017 E. 15th Street and "C" Avenue $7,438.15 9/25/2017 Euclid Avenue and Division Street $6,761.95 11/08/2017 25th Street and "A" Avenue $18,933.46 12/04/2017 Public Library Parking Lot $2,704.78 02/02/2018 E. 10th Street and "V" Avenue $21,638.24 2/14/2018 E. 4th Street and Belmont Ave $2,704.78 11/13/2018 Public Works — Concrete Repairs Project Location Repair Type Total Cost Date of Completion 1500 "C" Avenue Crossgutter $19,775.96 9/19/2017 2800 block "J" Avenue Sidewalk $13,183.98 9/27/2017 E. Plaza Blvd & "D" Ave Sidewalk $7,910.39 10/25/2017 E. 8th Street and Harbison Avenue Sidewalk $5,273.59 11/21/2017 300 North "R" Avenue Sidewalk $11,865.58 1/31/2018 2000 McKinley Avenue Sidewalk/gutter $9,228.78 4/04/2018 1010 "J" Ave Sidewalk $5,273.59 5/09/2018 E. 18th Street at John Otis Elementary Sidewalk $5,273.59 6/18/2018 E. 18th Street and "E" Avenue Sidewalk $5,273.59 6/18/2018 E. 7th Street and "K" Avenue Sidewalk/gutter/ apron $21,094.36 8/8/2018 2031 "0" Avenue Sidewalk/apron $23,731.16 9/12/2018 2732 Virginia Drive Sidewalk $10,547.18 10/24/2018 444 Rachael Avenue Sidewalk/apron $11,865.58 11/07/2018 84 of 262 NATIONA,LLCITY- v3.44:3„, iNcoRpoRATsr. date on Projects Complete hrough the Uniform PubliL onstruction Cost Accounting Ar City Council Meeting February 5, 2019 85 of 262 10/4/2016: City Council adopted Chapter 2.62 of the National City Municipal Code titled "Alternative Bid Procedures for Public Projects" 8/20/2018: Governor approved AB-2249 that increased Alternative Cost Accounting dollar limits to $60,000 (force account work) and $200,000 (informal bidding procedures) Increase effective January 1, 2019 86 of 262 Project Name Original Contract Amount Total Cost Date of Completion ARTS Building Roof Replacement $115,151.00 $98,534.00 June 21, 2017 Storm Drain System Repairs $44,001.00 $52,310.70' July 3, 2017 Fire Station 33 Squad Station $167,970.00 $186,923.501 September 22, 2017 Plaza Blvd Pedestrian Enhancements $101,260.59 $101,194.84 November 13, 2018 Lincoln Acres Raised Crosswalk $57,200.00 $56,890 May 18, 2018 Demolition and Disposal of Structures Located at 420 W. 21st Street $18,002.50 $16,138.21 June 13, 2018 8th St. Bridge Gateway Sign Project $164,000.00 $185,4201 April 14, 2018 Paradise Trail Wayfinding Phase I $47,950.00 $47,950.00 April 26, 2018 24th Street Community Gateway $45,000.00 $54,987.00 February 5, 2018 Main Street Community Gateway $45,000.00 $45,000.00 January 24, 2018 National City Police Department Roof Replacement $153,550.00 $157,780.00 September 23, 2018 W. 21st street Tree Removal $4,330.00 $5,770.00 November, 2, 2018 87 of 262 88 of 262 C\J CO C\-1 "5 c) co NATIONAL CITY FIRE DEPARTMENT STATION 33 2005 E 4TH STREET 90 of 262 91 of 262 92 of 262 93 of 262 94 of 262 95 of 262 96 of 262 97 of 262 98 of 262 99 of 262 Project Name Total Cost Date of Completion E. 24th Street and "D" Avenue $6,761.95 1/30/2017 800 block of "V" Avenue $6,761.95 1/31/2017 200 "N" Avenue $10,819.12 3/01/2017 Palm Avenue and E. 4th Street $5,409.56 3/07/2017 El Toyon Park $8,114.34 4/05/2017 E. 25th Street and "A" Avenue $6,761.95 5/31/2017 E. 14th Street and Lanoitan Avenue $12,171.51 7/13/2017 Alley north of E. 7th Street west of "B" Avenue $4,733.37 8/24/2017 Alley north of E. 18th Street west of "C" Avenue $6,761.95 9/06/2017 Fire Station 31 Parking Lot $4,057.17 9/13/2017 Las Palmas Park $2,704.78 9/13/2017 E. 15th Street and "C" Avenue $7,438.15 9/25/2017 Euclid Avenue and Division Street $6,761.95 11/08/2017 25th Street and "A" Avenue $18,933.46 12/04/2017 Public Library Parking Lot $2,704.78 02/02/2018 E. 10th Street and "V" Avenue $21,638.24 2/14/2018 E. 4th Street and Belmont Ave $2,704.78 11/13/2018 100 of 262 th Street and "D" Ave (Left); 25th Street and "A" Ave (Right); L ._.. Avenue and Division Street (Center) 17 101 of 262 .5-or -•-, MIL — . North of E.1Rth Street, West of "C" Ave(Left); Fire Ci-al-in -... ........A116.,60 1 (Right); El Toyon Park (Center) 18 102 of 262 Project Name Repair Type Total Cost Date of Completion 1500 "C" Avenue Crossgutter $19,775.96 9/19/2017 2800 block "J" Avenue Sidewalk $13,183.98 9/27/2017 E. Plaza Blvd & "D" Ave Sidewalk $7,910.39 10/25/2017 E. 8thStreet and Harbison Avenue Sidewalk $5,273.59 11/21/2017 300 North "R" Avenue Sidewalk $11,865.58 1/31/2018 2000 Mcl<inley Avenue Sidewalk/gutter $9,228.78 4/04/2018 1010 "J" Ave Sidewalk $5,273.59 5/09/2018 E. 18th Street at John Otis Elementary Sidewalk $5,273.59 6/18/2018 E. 18th Street and "E" Avenue Sidewalk $5,273.59 6/18/2018 E. 7th Street and "K" Avenue Sidewalk/gutter/ap ro n $21,094.36 8/8/2018 2031 "0" Avenue Sidewalk/apron $23,731.16 9/12/2018 2732 Virginia Drive Sidewalk $10,547.18 10/24/2018 444 Rachael Avenue Sidewalk/apron $11,865.58 11/07/2018 103 of 262 rive and After - 7th Street and "K Ave (Tan); 3Ofl N_ "R'.AVt3n PL (Bottom) 20 104 of 262 lot1 "0" 1500 (Bottom) 21 105 of 262 CC/CDC-HA Agenda 2/5/2019 — Page 106 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of blue curb disabled persons parking space with signage in front of the residence located on 117 E. 5th Street (TSC No. 2018-36). (Engineering/Public Works) Please scroll down to view the backup material. 106 of 262 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 5, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of blue curb disabled persons parking space with signage in front of the residence located on 117 E. 5th Street (TSC No. 2018-36). PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT: E APPROVED BY: ublic Works FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution authorizing the installation of blue curb disabled persons parking space with signage in front of the residence located on 117 E. 5th Street. BOARD / COMMISSION RECOMMENDATION: At their meeting on December 12, 2018, the Traffic Safety Committee approved staff's recommendation to install blue curb disabled persons parking space with signage in front of the residence located on 117 E. 5th Street. ATTACHMENTS: 1. Explanation w/Exhibit 2. Staff Report to the Traffic Safety Committee on December 12, 2018 (TSC No. 2018-36) 3. Resolution I07 of 2621 EXPLANATION Mr. Jose Salvador Garcia, resident of 117 E. 5th Street, has requested a blue curb disabled persons parking space in front of his residence. The resident possesses a valid disabled persons placard from the California Department of Motor Vehicles, Mr. Garcia stated that it is difficult for him to find parking near his residence due to the high demand of parking in this area. Mr. Garcia also stated that his residence possesses a driveway, but is not wide enough to accommodate his vehicle, and a disabled persons parking space in front of his residence would provide easier access to the house for him. Staff visited the site and confirmed that Mr. Garcia's residence has a driveway, but no garage. With his permission and supervision, staff measured the driveway. The driveway is 60 feet long by 10 feet wide with a negligible slope. Americans with Disabilities Act (ADA) guidelines require the minimum dimension for a driveway to be 20 feet long by 12 feet wide, in order to accommodate a vehicle with a disabled driver or passenger. This condition is not met since the dimensions of the driveway --do not meet the minimum parking requirements for disabled persons. The City Council has adopted a policy which is used to evaluate requests for disabled persons parking spaces. The City Council Disabled Persons Parking Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates or placard for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front (or side if on a corner lot) of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is met. Since all three conditions of the City Council Disabled Persons Parking Policy for "Special Hardship" cases are met, staff recommended the installation of a blue curb disabled persons parking space with signage at 117 E. 5th Street. This item was presented to the Traffic Safety Committee (TSC) on December 12, 2018. No one was in attendance to speak in support of the blue curb disabled persons parking space. The Traffic Safety Committee voted unanimously to approve the installation of a blue curb disabled persons parking space with signage in front of the residence at 117 E. 5th Street. The applicant was informed that handicap parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates or placards may park in handicap spaces. If approved by City Council, all work will be performed by City Public Works. 108 of 262 Location Map with Recommended Enhancements (TSC Item: 2018-36) 117 E. 5th Street PARKING ONLY F299 (CA) Proposed blue curb disabled persons parking space 1 Aar ' •'^r Ktf9f :11( -41rtia traii; 7:4:1 r4-1. (1.• PARKING ONLY RU9 CAI Existing blue curb disabled persons parking space at 108 E. Sth Street Existing blue curb disabled persons parking space at 206 E. 4th Street 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR DECEMBER 12, 2018 ITEM TITLE: REQUEST TO INSTALL A BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE AT 117 E. 5TH STREET. PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil Engineering & Public Works Department DISCUSSION: Mr. Jose Salvador Garcia, resident of 117 E. 5th Street, has requested a blue curb disabled persons parking space in front of his residence. The resident possesses a valid disabled persons placard from the California Department of Motor Vehicles. Mr. Garcia stated that it is difficult for him to find parking near his residence due to the high demand of parking in this area. Mr. Garcia also stated that his residence possesses a driveway, but is not wide enough to accommodate his vehicle, and a disabled persons parking space in front of his residence would provide easier access to the house for him. Staff visited the site and confirmed that Mr. Garcia's residence has a driveway, but no garage. With his permission and supervision, staff measured the driveway. The driveway is 60 feet long by 10 feet wide with a negligible slope. The minimum dimension for a driveway to accommodate a vehicle with a disabled driver or passenger is 20 feet long by 12 feet wide. This condition is not met since the dimensions of the driveway do not meet the minimum parking requirements for disabled persons. The City Council has adopted a policy which is used to evaluate requests for disabled persons parking spaces. The City Council Disabled Persons Parking Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates or placard for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front (or side if on a corner lot) of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is met. It shall be noted that disabled persons parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates or placards may park in handicap spaces. 110 of 262 STAFF RECOMMENDATION: Since all three conditions of the City Council Disabled Persons Parking Policy for "Special Hardship" cases are met, staff recommends the installation of a blue curb disabled persons parking space with signage in front of the residence at 117 E. 5th Street. ATTACHMENTS: 1. Disabled Persons Parking Request Form and Placard 2. Public Notice 3. Location Map 4. Photos 5. City Council Disabled Persons Parking Policy 2018-36 111 of 262 REQUEST FOR BLUE CURB DISABLED PERSONS PARKING SPACE NAME OF DISABLED PERSON: NAME OF REPRESENTATIVE FOR DISABLED PERSON (if different from above): ADDRESS: \ \ � S± \�G1 0� � LI B b9 k°IC. EMAIL: PHONE NUMBER: Please answer the following questions, which will assist Engineering staff, the Traffic Safety Committee, and your City Council in determining if you are qualified to have a blue curb disabled persons parking space placed in front of your residence. Please be informed that all blue curb parking spaces are considered public parking. Therefore, any registered vehicle in possession of a disabled persons placard or license plate is Iegall•i+ allowed to park in the blue curb space for up to 72 Continuous hours. f) Igo you possess a valid disabled person's placard issued by the California Department of Motor Vehicles (DIM V)? RYES I I I\IO If YES, please include a copy of the placard, which contains your name, address, placard number, aid expiration date. 2) Does your residence have a garage? [ IYSES If YES, is the garage large enough to park e vehicle f YEs (minimum of 20' x 121) /\ NO LINO 3) DLes your residence have a "1 YES driveway? NO ,r If YES, a) Is the driveway large enough to park a vehicle? YES (minimum of 20' x 12') b) Is the driveway level? YES e) Is the driveway sloped/inclined? YES �) Please writeany additional comments here (optional). - - � �� RCA .c4, -\ eye, o' Vey-- . c CA Li() e.CcsN201- c,) \PJ \ tip Dc tko\eC� ' e: > x .P ,, 1G>i�ir c� in DU( sianree/ • NO CO NO NO 112 of 262 . .p., ,F,m0;41ROP Ityvy,47P,* tV 'CJ ***CUSTOMER RECEIPT COPY*** EXPIRES: 06/30/2019 ***DISABLED PERSON PLACARD*** PLACARD NUMBER: PIC: 1 TV: DATE I§SUED: MO/YR: GARCIA JOSE SALVADOR DT FEES RECVD: ...,..:-,, 117 E 5TH STREET ' _ 1-,1. ,. -........ ..-..:-..., .:t.;k NATIONAL CITY --,1'..."v,,,:..P..- CA 91950 0. i..,. AF:t.44', .....:( 11 ....,,v1,'4. - co: A .,. ' • ; ••• . . DEPARTMENT OF MOTOR VEHICLES PLACARD IDENTIFICATION CARD THIS„TDENTIFICATION CARD OR FACSIMILE COPY IS TO BE CARRIED BY THE PLACARD ow IT IT TO ANY PEACE OFFICER UPON DEMAND. IMMEDIATELY NOTIFY DMV BY4001VOMAIL OF ANY CHANGE OF ADDRESS. WHEN PARKING, HANG THE PLACARD Flatt4 k;itirEWR VIEW MIRROR. REMOVE IT. WHEN DRIVING. elyt;'o;/ PLACARD#: PLACARD HOLDER: GARCIA JOSE SALVADOR EXPIRES: 06/30/2019 117 E 5TH STREET DOB: ISSUED: TYPE: Ni NATIONAL CITY CA 91950 PURCHASE OF FUEL (BUSINESS & PROFESSIONS CODE 13660): STATE LAW REQUIRES SERVICE STATIONS TO REFUEL A DISABLED PERSON'S VEHICLE AT SELF-SERVICE RATES, EXCEPT SELF -SPICE FACILITIES WITH ONLY ONE CASHIER. WHEN YOUR PLACARD IS PROPERLYJ,DIWOEt :Y:OU,MAY PARK IN/ON: *DISABLED PERSON PARKING SPAASIBLUE.ZON,ESI*STREET METERED ZONES WITHOUT PAYING *GREEN ZONES WITEauTiA47134cmksltv ,TINE LIMITS * STREET WHERE PREFERENTIAL PARKING PRIVILGiy72)fipSIDENTS AND MERCHANTS. .• • , YOU MAY NOT PARK IN/ON: *RE, gwgIAS TW-AW4Y4Z0NES *WHITE OR YELLOW ZONES *SPACES MARKED BY CROSSHATC1121INAS.WEDISABLED PERSON PARKING SPACES. IT IS CONSIDERED MISUSE: *ToVA4*Akil) UNLESS THE DISABLED OWNER IS BEING TRANSPORTED *TQ DISPLAY4.4;PLACW,WHICH HAS BEEN CANCELLED OR REVOKED *TO LOAN YOUR PLACARD TO ANYORE;-INCLUDING FAMILY MEMBERS. MISUSE IS A MISDEMEANOR (SECTION 4461VC) AND CAN RESULT IN CANCELLATION ( 113 of 262 71171VInfIltrrITOMT el171•MT417.1 Tirtrirt iiInmmr-v-Ivre, December 5, 2018 Resident/Property Owner CALIFORNIA NATIONAL Ciflf 13:31 INCORPOft ATt%3 Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2018-36 REQUEST TO INSTALL BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE LOCATED ON 117 E. 5TH STREET Dear Sir/Madame: The City of National City would like to invite you to our next public Traffic Safety Committee Meeting scheduled for Wednesday, December 12, 2018, at 1:00 P.M. in the 2nd Floor Large Conference Room of the Civic Center Building, 1243 National City Boulevard, to discuss the above -referenced item. The City Hall is ADA compliant. Please note that there are two disabled persons parking spaces in front of City Hall on the east side of National City that provide direct access on the 2nd Floor of City Hall via a pedestrian bridge. If you have any questions, comments, and/or concerns, please contact the Engineering Department at 619-336-4380 and reference Traffic Safety Committee Item Number 2018-36. Sincerely, 2. Stephen Manganiello City Engineer SM:ch Enclosure: Location Map 2018-36 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 114 of 262 Location Map with Recommended Enhancements (TSC Item: 2018-36) PARKING 0 NLY Existing blue curb disabled persons parking space at 206 E. 4th Street 117 E. 5th Street PARKING ONLY Proposed blue curb disabled persons parking space 9 aik L > ,::--- r. PARKING - r , ,� r ,, a► ''" ONLY .,.. - t ���_.«A)l E. 111 STREET �tIt� �+ ws.� w r- 1 Existing blue curb - y I' :CB ''m.t :....' y' } li: disabled persons its e. `T f !. . il parking space at }a _ ,j I 4 108 E. 5th Street •r ' i 1p11\ I IilUnp�� Proposed location Location of proposed blue curb disabled persons parking space in front of 117 E. 5th Street (looking north) Location of proposed blue curb disabled persons parking space in front of 117 E. 5th Street (looking east 116 of 262 DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parking spaces at major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Motor Vehicles. The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21101, et seq. at the following facilities: 1. Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc. 2. Hospitals and convalescent homes with more than 75-bed capacity. - 3, Medical facilities and doctors' offices staffed by a maximum of five practitioners. Zones shall be located to serve a maximum number of facilities on one block. 4. Community service facilities such as senior citizens service centers, etc, 5. Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons. 6. Employment offices for major enterprises employing more. than 200 persons. 7. Public recreational facilities including municipal swimming pools, recreation halls, museums, etc. 8. Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity. 9. Other places of assembly such as schools and churches. 10. Commercial and/or office building(s) with an aggregate of more than 50,000 square feet of usable floor space. Zone shall be located to serve a maximum number of facilities on one block. 11. Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day. 117 of 262 12. A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units. In addition, disabled persons parking "spaces may be provided within all publicly owned, leased or controlled off-street parking facilities as specified in the General Requirements. General Requirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant). Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area. Disabled persons parking will not be installed at locations with a full-time parking prohibition. When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition. The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities. In establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on -going nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program. Special Hardship Cases It is not the intention of the City to provide personal reserved parking on the public right-jof-way, especially in residential areas. However, exceptions may be made, in special hardship cases, provided ail of the following conditions exists: (1) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans." (2) The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. 118 of 262 Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking. NOTE:It must be emphasized that such parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" Iicense plates may park in the above stalls. (3) rha: p 119 of 262 CC/CDC-HA Agenda 2/5/2019 — Page 120 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of blue curb disabled persons parking space with signage in front of the residence located on 918 Delta Street (TSC No. 2018-37). (Engineering/Public Works) Please scroll down to view the backup material. 120 of 262 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 5, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of blue curb disabled persons parking space with signage in front of the residence located on 918 Delta Street (TSC No. 2018-37). PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil PHONE: 619-336-4388 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: DEPARTMENT: E APPROVED BY: erjng/Public Works FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution authorizing the installation of blue curb disabled persons parking space with signage in front of the residence located on 918 Delta Street. BOARD / COMMISSION RECOMMENDATION: At their meeting on December 12, 2018, the Traffic Safety Committee approved staff's recommendation to install blue curb disabled persons parking space with signage in front of the residence located on 918 Delta Street. ATTACHMENTS: 1. Explanation w/Exhibit 2. Staff Report to the Traffic Safety Committee on December 12, 2018 (TSC No. 2018-37) 3. Resolution 121 of 262] EXPLANATION Mrs. Elia Gastelum, resident of 918 Delta Street, has requested a blue curb disabled persons parking space in front of her residence. The resident possesses a valid disabled persons placard from the California Department of Motor Vehicles. Mrs. Gastelum stated that her property has a garage and a driveway, but both are not large enough to accommodate her vehicle. Mrs. Gastelum also stated that it is difficult for her to find parking due to the high demand of parking in this area, and that a disabled persons parking space in front her house would provide easier access to the house for her. Staff visited the site and observed that Mrs. Gastelum's residence has a driveway and garage. With her permission and supervision, staff measured the driveway and the garage. The driveway is 18 feet long by 16 feet wide with a negligible slope. The garage is 22 feet long by 8 feet wide with a negligible slope. Americans with Disabilities Act (ADA) guidelines require a minimum dimension for a garage or driveway to be 20 feet long by 12 feet wide, in order to accommodate a vehicle with a disabled driver or passenger. These two conditions are not met since the dimensions of the garage and driveway do not meet the minimum parking requirements for disabled persons. The City Council has adopted a policy which is used to evaluate requests for disabled persons parking spaces. The City Council Disabled Persons Parking Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates or placard for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front (or side if on a corner lot) of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is met. Since all three conditions of the City Council Disabled Persons Parking Policy for "Special Hardship" cases are met, staff recommended the installation of a blue curb disabled persons parking space with signage at 918 Delta Street. This item was presented to the Traffic Safety Committee (TSC) on December 12, 2018. Mrs. Gastelum was in attendance to speak in support of the blue curb disabled persons parking space. The Traffic Safety Committee voted unanimously to approve the installation of a blue curb disabled persons parking space with signage in front of the residence at 918 Delta Street. The applicant was informed that handicap parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates or placards may park in handicap spaces. If approved by City Council, all work will be performed by City Public Works. 122 of 262 Location Map with Recommended Enhancements (TSC Item: 2018-37) C,‘- PARKING ONLY Proposed blue curb disabled persons parking space 918 Delta Street 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR DECEMBER 12, 2018 ITEM TITLE: REQUEST TO INSTALL A BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE AT 918 DELTA STREET. PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil Engineering & Public Works Department DISCUSSION: Mrs. Elia Gastelum, resident of 918 Delta Street, has requested a blue curb disabled persons parking space in front of her residence. The resident possesses a valid disabled persons placard from the California Department of Motor Vehicles. Mrs. Gastelum stated that her property has a garage and a driveway, but both are not large enough to accommodate her vehicle. Mrs. Gastelum also stated that it is difficult for her to find parking due to the high demand of parking in this area, and that a disabled persons parking space in front her house would provide easier access to the house for her. Staff visited the site and observed that Mrs. Gastelum's residence has a driveway and garage. With her permission and supervision, staff measured the driveway and the garage. The driveway is 18 feet long by 16 feet wide with a negligible slope. The garage is 22 feet long by 8 feet wide with a negligible slope. The minimum dimension for a garage or driveway to accommodate a vehicle with a disabled driver or passenger is 20 feet long by 12 feet wide. These two conditions are not met since the dimensions of the garage and driveway do not meet the minimum parking requirements for disabled persons. The City Council has adopted a policy which is used to evaluate requests for disabled persons parking spaces. The City Council Disabled Persons Parking Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates or placard for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front (or side if on a corner lot) of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is met. It shall be noted that disabled persons parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates or placards may park in handicap spaces. 124 of 262 STAFF RECOMMENDATION: Since all three conditions of the City Council Disabled Persons Parking Policy for "Special Hardship" cases are met, staff recommends the installation of a blue curb disabled persons parking space with signage in front of the residence at 918 Delta Street. ATTACHMENTS: 1. Disabled Persons Parking Request Form and Placard 2. Public Notice 3. Location Map 4. Photos 5. City Council Disabled Persons Parking Policy 2018-37 125 of 262 L &: 3) Does your residence have a driveway? REQUEST FOR BLUE CURB DISABLED PERSONS PARKING SPACE NAME OF DISABLED PERSON: 4-L'.. x U 4 5 NAME OF REPRESENTATIVE FOR DISABLED PERSON (if different from above): eL ADDRESS: ?lid-)'_/.)41.7-}- 2%Ci--11/0we II l ei4- EMAIL: PHONE NUMBER: Please answer the following questions, which will assist Engineering staff, the Traffic Safety Committee, and your City Council in determining If you are qualified to have a blue curb disabled persons parking space placed in front of your residence. Please be Informed that all blue curb parking spaces are considered public parking. Therefore, any registered vehicle in possession of a disabled persons placard or license plate is legally allowed to park In the blue curb space for up to 72 continuous hours. .71 1) Do you possess a valid disabled person's placard Issued by the Califcr 'a Department of Motor Vehicles (DMV)? YES NO If YES, please include a copy of the placard, which contains your name, address, placard number, and expiration date. .. 2) Does your residence have a garage? Yd_IYES If YES, is the garage large enough to park a vehicle FIVES (minimum of 20' x 12') +ES If YES, a} Is the driveway large enough to park a vehicle? YES (minimum of 20' p,12') b) Is the driveway level? EYES c) Is the driveway sloped/inclined? Please write any additional comments here (optional). 1I YES v NO 126 of 262 ;71:14%,(VWW1M • , .0mg pc4xo,:*viAvego, APubilenteAgmy ***CUSTOMER RECEIPT COPY*** *** D I S A B L E D PLACARD NUMBER: GASTELUM ELIA 918 DELTA ST NATIONAL CITY CA 91950 CO: 37 PERSON PIC: 1 TV: '11 P•••,t .1;4.4 e • -41:y• • • Ile, . • • n • ,1 • EXPIRES: 06/30/2019 P L A C A R D *** DATE ISSUED: MO/YR: DT FEES RECVD: T DUE : NONE T,RECVD - CASH CHCK - CRDT : 0000000 '1 P. DEPARTMENT OF MOTOR VEHICLES PLACARD IDENTIFICATION CARD THIS IDENTIFICATION CARD OR FACSIMILE COPY IS TO BE CARRIED BY THE PLACARD OWIKWAVNT IT TO ANY PEACE OFFICER UPON DEMAND. IMMEDIATELY NOTIFY DMV BY-401WVOMAIL OF ANY CHANGE OF ADDRESS. WHEN PARKING, HANG THE PLACARD FigliihirE,RAR VIEW MIRROR. REMOVE IT WHEN DRIVING. A Pubfic Servia9,110,70 PLACARD#: PLACARD HOLDER: GASTELUM ELIA EXPIRES: 06/30/2019 918 DELTA ST DOB: ISSUED: TYPE: Ni NATIONAL CITY CA 91950 PURCHASE OF FUEL (BUSINESS & PROFESSIONS CODE 13660): STATE LAW REQUIRES SERVICE STATIONS TO REFUEL A DISABLED PERSON'S VEHICLE AT SELF-SERVICE RATES, EXCEPT SELF-SERVICE FACILITIES WITH ONLY ONE CASHIER. WHEN YOUR PLACARD.IS PR0ERLY,pDkYDu MAY PARK IN/ON: *DISABLED PERSON PARKING SPAWBIBWE4ONEWeSTREET METERED ZONES WITHOUT PAYING *GREEN ZONES WITHOUT RATRICTIOSZWOMME LIMITS *STREET WHERE PREFERENTIAL PARKING PRIVIL WWE.:VVMVAKITESIDENTS AND MERCHANTS. YOU MAY NOT PARK IN/ON: *REZID -*Tolap,gmr-ONEs *WHITE OR YELLOW ZONES *SPACES MARKED BY CROSSHATI:VWnr"ISABLED PERSON PARKING SPACES. \Q47- i1.0L IT IS CONSIDERED MISUSE: *To' UNLESS UNLESS THE DISABLED OWNER IS BEING TRANSPORTED *TO DispiAgyeAllwwHicH HAS BEEN CANCELLED OR REVOKED *TO LOAN YOUR PLACARD TCP§114131INCLUDING FAMILY MEMBERS. MISUSE IS A MISDEMEANOR (SECTION 4461VC) AND CAN RESULT IN CANCELLATION RP:VI-PATTON (TP TTAR PT.APARn_ 14Wq nw PAPTO-Mn PPTUTLwnwq wun/np -07-Arpc 127 of 262 December 5, 2018 Resident/Property Owner CALIFORNIA • NATIONAL Clfl rNCORPORA'T .D Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2018-37 REQUEST TO INSTALL BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE LOCATED ON 918 DELTA STREET Dear Sir/Madame: The City of National City would like to invite you to our next public Traffic Safety Committee Meeting scheduled for Wednesday, December 12, 2018, at 1:00 P.M. in the 2nd Floor Large Conference Room of the Civic Center Building, 1243 National City Boulevard, to discuss the above -referenced item. The City Hall is ADA compliant. Please note that there are two disabled persons parking spaces in front of City Hall on the east side of National City that provide direct access on the 2nd Floor of City Hall via a pedestrian bridge. If you have any questions, comments, and/or concerns, please contact the Engineering Department at 619-336-4380 and reference Traffic Safety Committee Item Number 2018-37. Sincerely, 7. Stephen Manganiello City Engineer SM:ch Enclosure: Location Map 2018-37 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering©nationalcityca.gov 128 of 262 Location Map with Recommended Enhancements (TSC item: 2018-37) I • roe. , *r. • - • gpf • I I • Wtiti 1 II i•totals I le `ler -4; • A„. g 4, 11 If: *J Proposed blue curb ,. * l• „ .472„;',LL . ST1. PARKING ONLY R99 (CA) T DE.t.TicSTREET,. r---- ac 1 44 *4(. disabled persons parking space BUY LAN,E A,' .i, . - : • • /.4 Location of proposed blue curb disabled persons parking space in front of 918 Delta Street (looking south) Location of proposed blue curb disabled persons parking space in front of 918 Delta Street (looking west) 130 of 262 DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parking spaces at major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Motor Vehicles. The City Council may upon recommendation of the City Engineer, designate -specially marked and posted on -street parking spaces for disabled persons pursuant to California - Vehicle Code 21101, et seq. at the following facilities: 1. Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc. 2. Hospitals and convalescent homes with more than 75-bed capacity. 3. Medical facilities and doctors' offices staffed by a maximum of five practitioners. Zones shall be located to serve a maximum number of facilities on one block. 4. Community service facilities such as senior citizens service centers, etc. 5. Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons. Employment offices for major enterprises employing more. than 200 persons. 7 Public recreational facilities including municipal swimming pools, recreation halls, museums, etc. Public theaters, auditoriums, meeting halls, arenas, stadiums with- more than 300 seating capacity. 9. Other places of assembly such as schools and churches. 10. Commercial and/or office building(s) with an aggregate of more than 50,000 square feet of usable floor space. Zone shall be located to serve a maximum number of facilities on one block. 11. Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day. 131 of 262 12. A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units. In addition, disabled persons parking spaces may be provided within all publicly owned, leased or controlled off-street parking facilities as specified in the General Requirements. General Requirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant). Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking space s_ available in the area and shall be distributed uniformly within the area. Disabled persons parking will not be installed at locations with a full-time parking prohibition. When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition. The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities. In establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on -going nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short -terra purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program. Special Hardship Cases It is not the intention of the .City to provide personal reserved parking on the public right-jof-way, especially in residential areas. However, exceptions may be made, in special hardship cases, provided all of the following conditions exists: (1) (2) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans." The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. 132 of 262 (3) Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking. NOTE:It must be emphasized that such parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in the above stalls. Jha:p 133 of 262 CC/CDC-HA Agenda 2/5/2019 — Page 134 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of a red curb No Parking at the intersection of Manchester Street and Eleanor Place to improve visibility at the intersection (TSC No. 2018-39). (Engineering/Public Works) Please scroll down to view the backup material. 134 of 262 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 5, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of a red curb "No Parking" at the intersection of Manchester Street and Eleanor Place to improve visibility at the intersection (TSC No. 2018-39). PREPARED BY: Luca Zappiello, Junior Engineer — Civil PHONE: 619-336-4360 EXPLANATION: See attached. DEPARTMENT: Eg/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt a Resolution authorizing installation of a red curb "No Parking" at the intersection of Manchester Street and Eleanor Place. BOARD / COMMISSION RECOMMENDATION: At their meeting on December 12, 2018, the Traffic Safety Committee approved staff's recommendation to install a red curb "No Parking" at the intersection of Manchester Street and Eleanor Place. ATTACHMENTS: 1. Explanation w/ Exhibit 2. Staff Report to the Traffic Safety Committee on December 12, 2018 (TSC No. 2018-39) 3. Resolution 135 of 9:9 EXPLANATION An area resident has requested red curb "No Parking" at the intersection of Manchester Street and Eleanor Place to improve visibility and enhance safety for the vehicles exiting from Eleanor Place onto Manchester Street. Staff performed a site evaluation. Manchester Street and Eleanor Place are 2-lane local roadways with speed limits of 25 mph and unrestricted parallel parking on both sides of the streets. Staff verified that the intersection is currently Stop controlled for westbound traffic on Manchester Street and northbound traffic on Eleanor Place. Eleanor Place ends on a cul-de-sac on the south side of Manchester Street. Staff confirmed that on the south side of Manchester Street, west of Eleanor Place, there are 22 feet of unrestricted parking between the pedestrian ramp and the north side driveway apron of the residence at 3433 Eleanor Place. Furthermore, staff also confirmed that on the west side of Eleanor Place, south of Manchester Street, there are 104 feet of unrestricted parking between the pedestrian ramp and the south side driveway apron of the residence located at 3433 Eleanor Place (see attached the location map). Staff verified that when vehicles on Manchester Street park very close to the intersection, visibility for the vehicles exiting from Eleanor Street onto Manchester Street is partially obstructed. Therefore, staff recommends installing 22 feet of red curb "No Parking" on the south side of Manchester Street, west of Eleanor Place in order to improve visibility for vehicles exiting Eleanor Place onto Manchester Street. Staff also recommends installing 40 feet of red curb "No Parking" on the west side of Eleanor Place, south of Manchester Street in order to improve safety and visibility for the vehicles that are exiting Manchester Street onto Eleanor Place. Staff also reviewed the traffic collision history for this intersection, which confirmed there was one "reported" traffic collision within the past four years. This item was presented to the Traffic Safety Committee on December 12, 2018. Staff sent notices to area residents, inviting them to attend the Traffic Safety Committee Meeting and/or contact staff with any questions. Mr. David Honnold property owner of the residence at 3433 Eleanor Place was in attendance and he spoke in support of the item. Staff presented the results of the site evaluation and after discussion, the Traffic Safety Committee unanimously approved staff's recommendation to the following traffic safety enhancements: 1. Install 22 feet of red curb "No Parking" on the south side of Manchester Street, west of Eleanor Place; 2. Install 40 feet of red curb "No -Parking" on the west side of Eleanor Place, south of Manchester Street. If approved by City Council, all work will be performed by City Public Works. 136 of 262 Location Map with Proposed Enhancements (TSC Item: 2018-39) The slope of Manchester St. is 9% 22' of proposed red curb "No Parking" Existing ped-ramp North side driveway 40' of proposed red curb "No Parking" 3433 Eleanor Place w 0 0) 4 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR DECEMBER 12, 2018 ITEM TITLE: REQUEST TO INSTALL RED CURB "NO PARKING" AT THE INTERSECTION OF MANCHESTER STREET AND ELEANOR PLACE TO IMPROVE VISIBILITY AT THE INTERSECTION PREPARED BY: Luca Zappiello, Junior Engineer - Civil Engineering & Public Works Department DISCUSSION: An area resident has requested red curb "No Parking" at the intersection of Manchester Street and Eleanor Place to improve visibility and enhance safety for the vehicles exiting from Eleanor Place onto Manchester Street. Staff performed a site evaluation. Manchester Street and Eleanor Place are 2-lane local roadways with speed limits of 25 mph and unrestricted parallel parking on both sides of the streets. Staff verified that the intersection is currently Stop controlled for westbound traffic on Manchester Street and northbound traffic on Eleanor Place. Eleanor Place ends on a cul-de-sac on the south side of Manchester Street. Staff confirmed that on the south side of Manchester Street, west of Eleanor Place, there are 22 feet of unrestricted parking between the pedestrian ramp and the north side driveway apron of the residence at 3433 Eleanor Place, Furthermore, staff also confirmed that on the west side of Eleanor Place, south of Manchester Street, there are 104 feet of unrestricted parking between the pedestrian ramp and the south side driveway apron of the residence located at 3433 Eleanor Place (see attached the location map). Staff verified that when vehicles on Manchester Street park very close to the intersection, visibility for the vehicles exiting from Eleanor Street onto Manchester Street is partially obstructed. Therefore, staff recommends installing 22 feet of red curb "No Parking" on the south side of Manchester Street, west of Eleanor Place in order to improve visibility for vehicles exiting Eleanor Place onto Manchester Street. Staff also recommends installing 40 feet of red curb "No Parking" on the west side of Eleanor Place, south of Manchester Street in order to improve safety and visibility for the vehicles that are exiting Manchester Street onto Eleanor Place. Staff reviewed the traffic collision history for this intersection, which confirmed there was one "reported" traffic collision within the past four years. STAFF RECOMMENDATION: Staff recommends the following enhancements in order to improve safety and visibility at the intersection of Manchester Street and Eleanor Place: 1. Install 22 feet of red curb "No Parking" on the south side of Manchester Street, west of Eleanor Place; 2, Install 40 feet of red curb "No -Parking" on the west side of Eleanor Place, south of Manchester Street. 138 of 262 EXHIBITS: 1. Public Request 2. Public Notice 3, Location Map 4. Photos 2017-39 139 of 262 CALIFORNIA NATioNAL envy MCORPORATED -' PUBLIC REQUEST FORM Name: Anonymous - Address: Phone: Email: Location: Manchester Street and Eleanor Place Request: red curb "No Parking" at the intersection of Manchester Street and Eleanor Place to improve visibility and enhance safety for the vehicles exiting from Eleanor Place onto Manchester Street. Attachments: Yes No Description: Request Received By: Luca Zappiello Date: October 30, 2018 Received via: l lCounter/In-PersonnTelephonenEmaii []Fax Referral: Assigned To: Notes: 140 of 262 December 6, 2018 Resident/Property Owner - CALIFORNIA NATIONAL CITY IL'1;3 INCoeroRM D Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2018-39 REQUEST TO INSTALL RED CURB "NO PARKING" AT THE INTERSECTION OF MANCHESTER STREET AND ELEANOR PLACE TO IMPROVE VISIBILITY AT THE INTERSECTION Dear Sir/Madame: The City of National City would like to invite you to our next public Traffic Safety Committee Meeting scheduled for Wednesday, December 12, 2018, at 1:00 P.M. in the 2nd Floor Large Conference Room of the Civic Center Building, 1243 National City Boulevard, to discuss the above -referenced item. The City Hall is ADA compliant and there are two disabled persons parking spaces in front of City Hall on the east side of National City that provide direct access on the 2nd Floor of City Hall via a pedestrian bridge. If you have any questions, comments, and/or concerns, please contact the Engineering Department at 619-336-4380 and reference Traffic Safety Committee Item Number 2018-39. Sincerely, Stephen Manganiello City Engineer SM:lz Enclosure: Location Map 2018-39 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 141 of 262 Location Map woth Proposed Enhancements (TSC tem: 2918-39) The slope of Manchester St. is 9% 22' of proposed red curb "No Parking" North side driveway 3433 Eleanor Place Eleanor Place South side driveway Existing ped-ramp 40' of proposed red curb "No Parking" 22' of proposed red curb "No Parking" Location of proposed red curb "No Parking" at the intersection of Manchester St and Eleanor PI (looking southwest) 22' of proposed red curb "No Parking" Location of proposed red curb "No Parking" at the intersection of Manchester St and Eleanor PI (looking west) 143 of 262 40' of proposed red curb "No Parking" 3433 Eleanor Place 22' of proposed red curb "No Parking" Location of proposed red curb "No Parking" at the intersection of Manchester St and Eleanor P1 (looking west) 144 of 262 CC/CDC-HA Agenda 2/5/2019 — Page 145 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit — Circus Vargas event sponsored by Circus Vargas from February 21, 2019 to March 4, 2019 at the Westfield Plaza Bonita Mall with no waiver of fees. (Neighborhood Services) Please scroll down to view the backup material. 145 of 262 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 5, 2019 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit — Circus Vargas event sponsored by Circus Vargas from February 21, 2019 to March 4, 2019 at the Westfield Plaza Bonita Mall with no waiver of fees. PREPARED BY: bionisia Trejo DEPARTMENT: gi` h �od Services Department PHONE: (619) 336-4255 APPROVED BY: EXPLANATION: This is a request from Circus Vargas to conduct the Circus Vargas event at Westfield Plaza Bonita Mall from February 21, 2019 to March 4, 2019. Set up for this event will commence at 8:00 a.m. February 20, 2019 on the west side parking lot of Plaza Bonita Mall. The show times will vary on dates from 12:30 p.m., 1 p.m., 4:00 p.m., 7:00 p.m., and 7:30 p.m. Each show lasts approximately 1 1/2 hours. This is a completely self-contained event in a traditional big top circus with concessions. There are no performing animals, no rides, no games, no outside vendors and no alcohol. Vehicles are used for transportation of operations. There will be eight internal Security Guards and sufficient parking is available at the mall. Food will be prepared on -site in a trailer. Clean-up will be performed after each show. This event will end with its last show on Monday March 4th at 6:30 pm and will begin breakdown after the show. This event was approved by Council in 2017 & 2018 with no waiver of fees. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS City fee of $272.00 for processing the TUP, plus $791.00 for the Fire Department and $400.00 for Public Works. Total fees: $1,463.00 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. BOARD / COMMISSION RECOMMENDATION: IN/A ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. 146 of 262 Type of Event ❑ Fair/Festival ❑ TUP City of National City • Neighborhood Services Department 1243 National City Boulevard • National City, CA 91950 (619) 336-4364 ■ fax (619) 336-4217 www.nationalcityca.gov Special Event Application ❑ Parade/March ❑ Walk or Run ❑ Concert/Performance D Sporting Event Event Name & Location Other (specify) (-t r e Event Title lei ruts Ua; f Event Location (list all sites being requested) 3 //)" h bon td a. 9qd a Dnal C' yl D Event Times Set -Up Starts / Date /cC/J / Time `01) an9Day of Week G nd Event Starts Date Time Event Ends Date Breakdown En Date 9 D Time Time gadfly) Applicant Information Day of Week Day of Week Day of Week Applicant (Your name)J81/c4f)) d iaamgl�/�/ Sponsoring Organization elsn/) Qw I`o a Mailing Address P `J-C PT I'DJD 02; ' a LaS V4 N Vik3 Day Phone' - -93— 74er Hours Phone` '7 64eII 7 `53 —nix "/ Event Coordinator (if different from applicant) /J RECEIVED JAN 0 8 2019 Neighborhood Services Department CO of National City Public Information Phone 9I " ( TFu/)E-mail riars con') Applicant agrees to investigate, defend, indemnify and jld harmless the ity, its officers,employees d agent from and against any and all loss, damage, liability, claims, deman detriments, costs, charges, expense (including attorney's fees) and causes of action of any character which the City, its officers, employees and agents may incur, sustain or be subjected to on account of loss or damage to property or the loss of use thereof and for bodily injury to or death of any persons (including but not limited to the employees, subcontractors, agents and invitees of each party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any City premises under this agreement to the extent permitted by law. Applicant understands this TUP/special event may implicate fees for City services, which will have to be paid in the City's Finance Department 48 hours prior to the event set-up The undersigned also understands and accepts the City's refund policy for application processing and facility u and that fees and charges are adjusted annually and are subject to change. �\ Signature of Applicant: 1 Special Event Ap PIL"a�e=corra,�I ��Kth� foll�nii�c �, V: Algowt.ie li forma#ton you p7 ij Fees/Proceeds/Reporting Is your organization a "Tax Exempt, nonprofit" organization? Yes El No [le Are admission, entry, vendor or participant fees required? Yes V No ❑ If YES, please9�explain the purpose and provideidamount (s): Oi PO L4S t/ tom(/j�lS f i & 7 f' f }:'C l�°T bctsd c 1)Cf alkn °` �3� ` Yet€` lS 1.0 . ? AptD. 1 Orel) c i$S r ccs Qs $ Estimated Gross Receipts including ticket, product and sponsorship sales frohis event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Description of Event D First time event Returning Event include site map with application Note that this description may be published in our City Public Special Events Calendar: C',ire.LSS j/ -r ' all .mod't d�;verLs r oto, 7e. Bret cSl_ d- 6..5e Aos20114/ar / .) y, eo A a h` +l-+p +e 1 c9e6e3li jj tA-- er) ocr0 / e:1boos, incloref es a and M L(Lil ma . Estimated Attendance 16 Anticipated # of Partici ants:4 ©a g�� p p 2 Anticipated # of Spectators: 148 of 262 Traffic Control, Security, First Aid and Accessibility Requesting to close street(s) to vehicular traffic? Yes ❑ No El List any streets requiring closure as a result of the event (provide map): AiiM Date and time of street closure: Date and time of street reopening: ❑ Other (explain) Requesting to post "no parking" notices? Yes ❑ No (E(/ ' ❑ Requested "No Parking" on city streets and/or parking lots (list streets/parking lots) (provide map): A/q/1-' ❑ Other (explain) Security and Crowd Control Depending on the number of participants, your event may require Police services. PA st e , ^� armed se �! Please describe your procedure for both Crowd Control and Internal Securty: �j(J! r lrsO/)/>ci c.S '1 Qn loo o )Ue '4" U kts e' G ten); gave fk� a//<;e coin m ;cal-, ®r� � r e) f % 9L ve ('f h ur)ens o Cw�J �C emergt� •S'Cam'v�. . Have you ' ed Professional Security to handle security arrangements for this/event, e Yes No 0 If YES, name and address of Security Organization //) .goose rJ Security Director (Name): 04'1104 R'7one: e-A'S—e0i0 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 bility with limits of at least $1 Million dollars per occurance/$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,.bv_ihe vendor or its i is anager for review and approva pnor otlie e Is this a night event? Yes No 0 If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: v1 c�� sho/y5 --c t RECEIVED 3 JAN 08 2019 Neighborhood Services Department City of National City 149 of 262 ic ,s❑ First aid station to be staffed by professional company. ► Company V � Accessibility Please describe your Accessibility Plan for access at your event by individuals with disabilities: 1-bv& e_otolery 0%44os at - con C Si o f } S %` S" (IT)y-a4r41 level ,seati First Aid Depending on the number of participants, your event may require specific First Aid services. , j ) j•� h psi- he First aid station to be staffed by event staff? Yes E EI No ❑ First aid/CPR certified? Yes ❑ No j, Dot Elements of your Event Setting up a stage? Yes ❑ No V ❑ Requesting City's PA system ❑ Requesting City Stage; if yes, which size? ❑ Dimensions (13x28) ❑ Dimensions (2048) L' C U1 l'6 f q S (Dimensions) fiat_ D� rat [Applicant providing own stage ,3_31 Setting up canopies pr tents? insA Jen- 1 1 # of rsao size} 1 # of ten s i i n —f ❑ No canopies/tents being set up Setting up tables and chairs? ❑ Furnished by Applicant or Contr etor # of tables No tables being set up I# of ❑ No chairs being setup ❑ (For City Use Only) Sponsored Events — Does not apply to co -sponsored events # of tables ❑ No tables being set up # of chairs ❑ No chairs being set up ionf-8s bVer-tainire/;c-- Contractor Name C40e, do oar cup,r Contractor Contact Information %LiC C /7%'1' 6 SS; P* • ° 21 LS Ve_ &S/ `v V 7/L Address City!t e Phone NW on er 4 9ca--,8---9 767 f)tlsa1 4u,co3a 150 of 262 Setting up other equipment? ❑ Sporting Equipment (explain) ❑ Oth (explain) Not setting up any equipment listed above at even Having amplified sound and/or music? Yes "No 4:34A System for announcements CD player or DJ music ❑ Live Music ► D Small 4-5 piece live band ► ❑ Large 6+ piece live band ❑ Other (explain) If using live music or a DJ. ► Contractor Name Address e, City/State Phone Number Using lighting equipment at your event? Yes [iU No❑ ringing in own lighting equipment ❑ Using professional lighting company ► Company Name Address r City/State Using electrical power? Yes eNo ❑ ❑ Using on -site electricity ❑ For 15und and/or lighting CB Bringing in generator(s) For sound and/or lighting Phone Number ❑ F•r-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. Ha trig food and non-alcoholic beverages at your event? Yes ICJ" No Vendors preparing food on -site ► # ► Business License # /n-hoccse If yes, please describe how food will, be served and/or prepared: hot ctwit l `feC If you inten'to ook food in the event area please specify the method: ❑ GAS ELECTRIC ❑ CHARCOAL ❑ OTHER (Specify): ❑ Vendors bringing pre -packaged food ► # ► Business License # 1VVe dors bringing bottled, non-alcoholicobey, rages (Le., bottled water, can soda, etc.) ► # '3 Jri e 112 Ver�.dors selling food # Bus+ness License #(s) p°PL7ff) Pr() • Vendors selling merchandise #g ► Business License #(s) / / 10� RECEIVED 5 JAN ©8 2010 Neighborhood Services D City of National C 151 of 262 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 ❑ it Ohere ,i<(,U Ie rl) fit)" C, PLEASE NOTE: In the event inflatable jumps are provided at the event, The City of National City t1 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. ❑ Inflatable bouncer house # ❑ Rock climbing wall Height ❑ Inflatable (bouncer slide # ❑ Arts & crafts (i.e., craft making, face painting, etc.) ❑ Other Having fireworks or aerial display? Yes ❑ No Q ❑ 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 Arran u ing for media coverage? Yes No Yes, but media will not require special set-up ❑ Yes, media will require special set-up. Describe 6 152 of 262 z, having inflatable signage # Event Signage PLEASE NOTE: For City sponsored or co -sponsored events, banners publicizing the event may be placed on the existing poles on the 1800 block and 3100 block of National City Boulevard. The banners must be made to the City's specifications. Please refer to the City's Special Event Guidebook and Fee Schedule for additional information. Are yorlanning to have signage at your event? Yes Q� No ❑ // C- 1 --D (�! ' r✓ es, we will post signage # Dimensions � ► (complete Inflatable Signage Request form) eswe will have banners # c ff �jJ W t will signs/banners say? 0I�C�LS Vl9rC I /a 1 ) 01/v-3/i7 ridtid will signs/banners be anchored or mounted? , 11 VO ca.-I. lz Waste Management �,c cok 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 a 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. ► m _Cfre.spvela) — 6 L(� 211 Company eAe I / J ► Load -in Day & Time , i ° 0 am ► Load -out Day & Time �1t� r 9 c)f " E�`�Portable toilets to be serviced. ► Time ` n'ceC[ 1`�' 6tjeeij ame ") Set-up, Breakdown, Clean-up Setting up the day before the event? // [Yes, will set up the day before the event. ► # of set-up day(s) ❑ No, set-up will occur on the event day Requesting vehicle access onto the turf? ❑ Yes, requesting access onto turf for set-up and breakdown (complete attached Vehicle Access Request form) ErNo, vehicles will load/unload from nearby street or parking lot. 7 RECEIVED JAN 0 8 2019 Neighborhood Services Department City of National City 153 of 262 NPDES-Litter Fence ❑ City to install litter fence ❑ Applicant to install litter fence IA Brea ing down set-up the day after the event? Yes, breakdown will be the day after.4e-event. ® # of breakdown day(s) ❑ No, breakdown will occur on the event day. How are you handling clean-up? ❑ Using City crews ❑ Using volunteer clean-up crew during and after event. sing 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. 8 154 of 262 Special Events Pre -Event Storm Water Compliance Checklist . Special Event Information Name of Special Event: Event Address:2 Event Host/ o . 4 n a r•: (fires Oar as d, Expected # of Attendees: Phone Number: 4eison Quiaq& II. Storm Water Best Management ices (BMPs) Review /L YES NO N/A Will enough trash cans provided for the event? 4Vel/r Provide number of trash bins: 1 c,J i orai poly C. ratS r,_,4>T , r e tRllJl p_ J, C _ 9 f r d,1 cam c rU�i%� eYefirf Will enough recycling bins provided for the event? r Provide number of recycle bins: 1�/7" Will all portable toilets have secondary containment trays? (exceptions for ADA compliant portable toilets) Y Do all storm drains have screens to temporarily protect trash and debris from entering? Are spill cleanup kits readily available at designated spots? V * A Post -Event Storm Water Compliance Checklist will be completed by City Staff. 9 RECEIVED JAN 08 2019 Neighoorhood Services Department City a/ Natronai City 155 of 262 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 ) 1 ,� Organization: �,�.v Etrieirbln��--, C. �G d C:� !+ A r Person in Charge of Activity: =11 -;(NC) Address: ) 6 If r VO CO-s % fl?zj ltab L_ Telephone: 90 S� '"=.4 Date(s) of Use: /c/i 3/ HOLD HARMLESS AGREEMENT dr dt c r) 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 acti ty taken under the permit by the permittee or its agents, employees or contra rs Signature of Applicant: Official Title: i 4f ' r r " r -1 eafiot L-1.ddso ate: l' l 7 For Office UseOnly Certificate of Insurance Approved 10 Date 156 of 262 Circus Vargas 2019 Event Packet San Diego (Westfield Plaza Bonita, National City) Location: Westfield Plaza Bonita 3030 Plaza Bonita Rd. National City, CA 91950 T 619.267.2850 Day Date !Tuesday Feb 19th Dates: Showtimes and Set -Up Schedule Wednesday Feb 20th Revised Requested Dates: February 19, 2019 through March 4, 2019 —2 Set Up Days —11 Performing Days Schedule Notation Will enter property at 1:00 a.m. Setup Day Thursday Feb 2.1st Showtimes No Performance opening Night Friday Feb 22" Saturday Feb 23rd Sunday Feb 24th Monday Feb 25th No Performance 7:30 p.m. 4:30 & 7:300 p.m. 1:00,4:00&7:30p.m. 12:30, 3:30 & 6:30 p.m. Tuesday Feb 26th 7:00 p.m. No Performance Wednesday Feb 27°h Thursday Feb 28th Friday March 1t Saturday March 2nd Sunday March 34 Monday March 4th 7:00 p.m. 7:00 p.m. 4:30 & 7:30 p.m. 1:00, 4:00 & 7:30 p.m. 12:30. 3:30 & 6:30, p.m. Teardown of the circus will begin after the show. 6:30 p.m. RECEIVED Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Ve'as, NV 89113 JAN 0 8 2010 Nelson R Quiroga - Phone: 702-513-9767 E-Mail::7Aft4havestaa corn Katya Quiroga — Phone: 702-466-4873 E-Mail: :,rtllearesfat ralimra: 11 .WI Neighborhood Services Depar City or National City 157 of 262 Circus Vargas 2019 Event Packet San Diego (Westfield Plaza Bonita, National City) Tuesday March 5th Circus will vacate property before 8:00 a.m. - Cleanup crew will finish cleaning the lot around 12:00 noon - All rented equipment, e.g., restrooms, fencing and dumpster, will be picked up before 12:00 noon Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: iT orLat ara Katya Quiroga — Phone: 702-466-4873 E-Mail: ` i r+ ,rsrc •r zarma 12 158 of 262 Circus Vargas 2019 Event Packet San Diego (Westfield Plaza Bonita, National City) Show Info: LENGTH OF SHOW: Approximately one and one-half hours EXPEXTED ATTENDANCE: 300 — 500 per show SEATING CAPACITY OF TENT: 1,250 NO GAME OF CHANCE NO MECHANICAL RIDES NO PERFORMING ANIMALS NO PYRO OR OPEN FLAME ARE USED DURING THE SHOW NO ALCOHOL IS SOLD OR SERVED NO OUTSIDE CONTRACTED VENDORS Circus Management provides in-house security guards. Managements carries radios and cell phone in case of 911 Emergency. Circus Vargas is completely self-contained. The show has a two generator system with an emergency battery backup. If the main generator shuts down, the backup generator will be turn on but all emergency lighting will remain running with the battery backup system. A source of water is usually provided to the Circus by the venue on which the Circus conducts business, if not the Circus will rent a Water meter from the city. Circus Vargas rents porta-potties from a local sanitation companies. Circus Vargas is a family show and attracts primarily families, in-house security is normally sufficient to provide appropriate crowd control. The security use radios to communicate with each other and can use cell phones to contact local law enforcement if the need exists. Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: i:q7 reS CLruLis,1;a -,,>>L;.-Irn Katya Quiroga — Phone: 702-466-4873 E-Mail: a tL- K taffICIl . r;r: .CCIAM 13 159 of 262 Circus Vargas 2019 Event Packet San Diego (Westfield Plaza Bonita, National City) Circus Vargas Cleanup & Recycling Plan Circus Vargas does not hire or contact with outside vendors or temporary workers. All staffing will be with workers that travel with the show. The staff is currently trained on proper sanitary and clean-up procedures. There is a staff of 25 people and while some people are working throughout the day, all of them are present from one hour before the first show of the day until after the show is over and clean-up is completed. Since the nature of a circus limits the areas in which the public travels, the major portion of the clean up will be in a limited area. Plus, there are a very limited amount of food items sold. Staff continuously cleans up the entrance are throughout the time the show is open to the public so trash does not remain on the ground. Trash is cleaned up after each performance inside the tent. And, once each day, trash will be picked up in the parking area, which is expected to be minimal since most people consume items early in the show and are unlikely to bring trash back to their car. A trash dumpster will be contracted for placement on the grounds. Several trash cans are avail- able for public use in the circus entrance area. We will also have bins in which people can put recyclable items. However, due to the nature of our operation, most people buy their food products and take them immediately into the tent where they sit down. They normally let their trash fall through the bleachers, where we clean it up after each show. Since soda's and water are served in plastic bottles and cans, our staff will put those, along with appropriate paper products into the recycle bins and transport them to an appropriate recycling facility or make arrangements with the dumpster company for their removal. I hope that I have provided you with all the information needed to approve this plan. If you have any questions please call me at 281-570-5758 and I will be happy to assist you. Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: bal@Kirr.r.mn Katya Quiroga — Phone: 702-466-4873 E-Mail:14121banEs(Pdrcausrarrwa. 14 160 of 262 Circus Vargas 2019 Event Packet San Diego (Westfield Plaza Bonita, National City) Circus Vargas Security Plan Since Circus Vargas is a family show and attracts primarily families, in-house security has been sufficient to provide appropriate crowd control. Since there is nothing to see other than the show itself, there are no people just loitering in the area. Crowds come at show time, enter the enclosed midway area and take their seats. After the show there is nothing else to see so they exit to their cars. Many of the things that attract or encourage trouble or the necessity for police intervention will not be present at Circus Vargas. Alcohol will not be sold or served and there are no games of chance or mechanical rides. While a carnival attracts ages 12-22, a prime age for those who cause trouble, Circus Vargas primarily attracts children of elementary school ages or younger along with their parents and grandparents. Circus Vargas has its own security team consisting 8 uniformed (unarmed) security personnel (includes one head of security). The uniforms consist of matching Circus Vargas shirts and pants. This low key approach to security maintains the atmosphere of family fun. If requested, the security teuin can wear uniforms that identify them as security. All security will be scheduled one hour before each performance and stay Thirty minutes after the performance. Security personal will be stationed both inside and outside the tent as well as next to the ticket booth. Security Personnel will have access to walkie-talkies for communications between themselves in addition to cell phones that can be used to call additional personnel as well as local police or fire, if it becomes necessary. In addition to the security officers, a closed circuit video security system monitors the inside of the ticket booth, where money is handled, as well as the midway area and the area in front of the ticket booth. This video system is attached to a recording device that can be used to have a record of events. Further, the layout of the Circus Vargas tent has more exists than are required by California State Codes and the total number of feet on those exists also exceeds state requirements. Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: T4 itraba PGErini:rsrr _ aqm Katya Quiroga — Phone: 702-466-4873 E-Mail.' gatecrei :iiawTarr _ r,;n 15 161 of 262 Circus Vargas 2019 Event Packet San Diego (Westfield Plaza Bonita, National City) Detail Lot Plan far view in 2019 •- - y S1 �a.s 2018 Circus Vargas Detail Site Plan *2 Far view l = R tj trz ./.0010 Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail::,i<i,fr ar Lgi,Cirir ; .Ert.:ria Katya Quiroga — Phone: 702-466-4873 E-Mail. CDdiraut3vcarFxtcumn 16 162 of 262 Circus Vargas 2019 Event Packet San Diego (Westfield Plaza Bonita, National City) Detail Site Lot Plan View Aerial Photo from 2018 Event Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy, Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: TikrOib arrAu�rrr a.,,;•.,,, Katya Quiroga — Phone: 702-466-4873 E-Mail: r - @irtrc rar.. ;c nn 17 163 of 262 Circus Vargas 2019 Event Packet San Diego (Westfield Plaza Bonita, National City) Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: ti nz r ark.i'Ra'sy ,r,;,.a..nAm Katya Quiroga — Phone: 702-466-4873 E-Mail:',k ras irr r ricarra 18 164 of 262 Circus Vargas 2019 Event Packet San Diego (Westfield Plaza Bonita, National City) A Brie Floor bevel Circus Vargas Ringside Box Seating Performance Entrance (' L Performance Ring t 3 9 4 VIP Seating H 5 1 6 2 G F 3 4 7 8 9 1 2 5 3 6 7 9r A B c .41 X. 4S" 4 1 2 4 8 9�/ 7 1.0" Main Entrance 5 6 8 9 7 6 5 150" Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: !ikL4a„resciuiirreursu,. Katya Quiroga — Phone: 702-466-4873 E-Mail. 4-i' ar ?cfrtvr„ anye&z;mm 19 165 of 262 Circus Vargas 2019 Event Packet San Diego (Westfield Plaza Bonita, National City) Hearing Listening Devices AdeaLaillfw Circus Vargas is equipped with 4 Hearing Listing Devices. These devices are tramissiting through a wireless FM Receiver. Thease are avaiable at the box office upon request. Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: uiltai rt rrli Lar Katya Quiroga — Phone: 702-466-4873 E-Mail. s,a,tifrg'irrair.;L 20 166 of 262 Circus Vargas 2019 Event Packet San Diego (Westfield Plaza Bonita, National City) E03 Specifications Overall System Performance: Frequency response: 100 Hz -10KHz ± 3 dB Signal-to-noise ratio: 60 dB Total Harmonic Distortion: < 0.5% RF Carrier Frequencies: Eight factory preset channels between 72-76 MHz ,Channel AA: 72.1, BB: 72.3, CC: 72.5, DD: 72.7 ,EE: 72.9, FF: 75.5, GG: 75.7, HH: 75.9 Frequency stability: Better than .005% Modulation: FM ± 75 KHz Operating range: Up to 300 feet line -of -sight E03-T Transmitter Line Input: Connector: One 1/4" phone jack , Impedance: 100 K Ohms, unbalanced. Mic Input: Connector: One'/4" phone jack Impedance: low impedance, unbalanced, with 9 VDC at 1 mA for condenser mic. Power Output: 80,000 µV @ 3 meters Controls: Power On/Off, audio input gain adjust Indicators: Power On LED, Audio Modulation "TX" LED Antenna: Permanently mounted telescoping whip Power requirement: 9 VDC regulated, @ 200 mA, AC-E03 adapter provided Dimensions: 1.25" H,. 8.25" W, 4.25" D (3.175 x 20.9 x 10.8 cm) Weight: 18.2 oz. (500 g.) E03-r Receiver Controls: Combination volume/on-off wheel Audio Output: 100 MW max into 16 Ohms Connectors: 3.5 mm mini jack for earbuds output Earphones: Binaural EB-3 earbuds with optional -use EMI soft rubber inserts Antenna: Integral with earbud cord Indicators: LED power on indicator Sensitivity: 2 µV for 12 dB Sinad with squelch defeated, Squelches at 10 µV for min. 50 dB S-N ratio Mute Threshold: 8-10 µV Power requirement: 9V carbon zinc or alkaline battery Battery life: 17-20 hours with alkaline battery; 10-12 hours with carbon zinc battery Dimensions: 3.35" H, 2.75" W, .75" D (8.5 x 6.5 x 2.25 cm) Weight: 2.65 oz. without battery (73 g) Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: .q re&u;!ret .ar , _.L_ Katya Quiroga — Phone: 702-466-4873 E-Mail:.! ci raits•uar cr;;;n 21 167 of 262 Circus Vargas 2019 Event Packet San Diego (Westfield Plaza Bonita, National City) Fire Information ea.ae Perac sTseess 0Pim Ear*. 0 row D = oaE--c =, a 0 --s. ._, t�t�seen. c�- O 0 teams Vw-was Tent Is ,174 1. Round o arI E,:=a t e K.' tar. • ilttises 114....1re...ee e 2— D Sp il6r fapnet mu:" fa• am.B&.d fur the 6ecad+a uBese ffsc slam i. vri up. HGi, Abuse is prusivfed Ge shoo gu- ru -Sim upersturx mut:"pr. osiuis a Duration, of Wm, 0: 1h set wit - Via ter i..fia road &daft a bus/ II"sirtat :.ea uff usxd aa[er is ie3tf of %auks tit imeaps-tF: fn s G.eyl.-naFp�m Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: INAtilibalESPGraltFlaggPSSCOMI Katya Quiroga — Phone: 702-466-4873 E-Mail: iiresPciroustirarizais.•asim 22 168 of 262 Circus Vargas 2019 Event Packet San Diego (Westfield Plaza Bonita, National City) v.nsaQaa3t. Eatthwasheles te.c.Tedit. CIRCUS VARG:a,S GENERIC LOT I_AY OFT u=r•Mr �' Circus Vargas Main Tent Xt a- t lEmapmeauTnnrr tLuh remaicXla Wlugrmcvl l'nitrr DDELEM Q Renstrutxm Q-r \tslmtbtsance Tent ia.BlraI&rr e s.-hyJ' llaentuveer 1[a&r 113n r entefa MART 11an11emen1Trnler CIRCCS' V S,RG S GENERIC LOT I _V OI-r Specific Errata may be modified for the luctt oa where the shoat is set up- This: sheet is provided to shoe the entire operation and::tpp.rnainsote location of items. En be .set up. 11":LLer is obtained tuna a local Hydrant tin .il used water {.1) is held in tanks until pumped by a Local company Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: Ucsrparrulsyramcarun Katya Quiroga — Phone: 702-466-4873 E-Mail.' resrr tv rr�T s.. rn 23 169 of 262 Circus Vargas 2019 Event Packet San Diego (Westfield Plaza Bonita, National City) A(CESSIBLITY SHIFT Exit 2A-1S13.7. incaleai 1- .513vg,..tr.,[rx -7./am. lass ‘dagivg 'Solt= • r - 1 1 . - _.....-.-- , ... Igitsmalatadmr. . • ....,' e= 9Rowsalmtben. 1.1.0. Ein '• - .17 .... . • Area Malted AS ARMICI-Cearing -are truck -el pLIstic chairs r Arra Nt.ried as Wencher. are &mak, -ergs) eae.tr.s. era& am aisle ••••,,N.setem-r, arraa-as zwf iwn_ Maim are fter liarlf:sr-am.ei Seating ,nn aa-traee..at KV Pubic Entrance 0.2:12TkPal=t Sa-gm ar;lit 3 s....,=es PT.Wer abv.e xtan:es-At-ad t,..• ge.nernr. ge7IrrAtsr arnt 'tti.7--; fbirt vaatrze pr,211,er. :Le:a-4s sC ersreelk 3N,zmraategi bz1; a"! 1x.F1 S5Ajn 31. TV! enan r-rrat3e Eel Mgrm =.4177ermialalerl egrems eives attar tn z,;_.evate at raimaez Titi3P11.11- zteJ dement - a Scrat-mg Capacity 1,25,23 lamemlhle PP.r.r.orrts. Adif•t•oil uu0 4..illEte,osancter, 10" A kWh, ,n =.e•A'ra t,...etS ^1r2.:344.2,53 eta teat =:3! are am a sasemett_ Ne4i,i a grIktifr.,!:', L.. - above Irrre3 tle me/ : " - r-ife the ft,lit Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: himlaibaresgEiriniisredwtszumm Katya Quiroga — Phone: 702-466-4873 E-Mail: iloiabariesPodirtuosNawfsxarrm 24 170 of 262 Circus Vargas 2019 Event Packet San Diego (Westfield Plaza Bonita, National City) EGRESS PLA\ taw.. nailMa ■.gp..r.�'Y... liwa •� ,..ne � .-.:.. a..�a.gre." , . r� _• `tea 24‘ce` 1 Eit �$ -21a-1 :axs ad naar asks Area \3arked as Bleachers s are benches Area \11rkeel as Arena are B'ukct plastic chairs .-ae�. �'e airs sax {'ar iiax isap s9 Sr. r<=. y as-'.2s61}35s plmuwgry Public Entrance s 4' 13i azt:k laa'try H5 .. _ .... -ree :c"s &_ wed a5g., at :Cart Exas _ - _ a •c . = . 4 $ y+7156 ant riD.Aria:&f, _ _ .. _ . . a ... .. 1 au..., .ua C. -• W Taxi MBE 9� Seating "sty 1,250 -NeSinulki gESign. .ruuutr• n:1 Qalai1 xa3....rlth..m iID{Ai+ uc Rauiwa LSD Lfi'3C3e ±QG a:-.a3 sam �siiie *-le teat Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: NierdatbanesPGrialsvarzas.com Katya Quiroga — Phone: 702-466-4873 E-Mail:'®dirT. 25 171 of 262 Circus Vargas 2019 Event Packet San Diego (Westfield Plaza Bonita, National City) CIRCUS VARGAS POWER AND GENERATOR ELECTRICAL PLAN. Ground Rod #2 Ground rods to be miniman. of 6 feet apart from eschather Primary Generator 41 400 amp iPar Stand-BviBad--Up Generator #2 400 amp 12,17 "DB" Fri<tttegP0o1SbioEarner ErntrThatam rdt0:1 206t 201Ffi 61nlr1 feet Shoratist 'naBnur Electric Box #1 - T20l20'$ v Used for Show Lights and Sound Box lehen one 20-amp, two 50-amp and an.Ft2Oamp plumsbtmktas. 130 amp main b,mkor_ Outlets eaten unclad (hemmed 6me:30K attached to.dtmlttm Pmnel"E'. Tams Center Ring Performance Area Boxes #2 and 03 each have five 50—amp, one 20-amp- and eteven.30-amp plugsbreakers. They have B+4 wire - 50 amp and 1.0,3 wire - 30 amp to midway and RVs. Each box only' at SO a usage. Electric Electric Box #2 Box #3 ]13_N tGE‘IENT AL-IGE 1E1T ❑ ❑'. RES ROQ'OES ❑❑ ❑ TRUCK TRUCK a/ P.anrl "C" —utfect__ P:tuet—C1" ' f+' ' lR9mpmlbn9ie¢.!OM . '4� t . 1 a Ground Rod #1 Ground rods Inhe minimal' of 6 feel apart from eac]ather ' tiv[e timentorsare imbpauleot moires m.,uud1 switchnr3etos--e±6 No t-rxeer `.St'.iAC10d:1r4ez Pavel' T2" Fend Trdtcr Box 011ice Trailer 1IA1N3GEILENT 1L NaGF;TE\T TRUCK TRUCK Circus Vargas Generic Electrical Layout Specific layout may be modified for the location where the show is setup. This sheet is provided to show the entire operation and approximate locations of electrical system to he set up. Each Box is a Breaker Box with Receptacles. With a foil .draw of electricity, gent:1 '10T fft operates a3 SIIPAr mit tap cih and generator 47, operates at 7Z% of capacity Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: kgukm>;s+tElGv..islc Katya Quiroga — Phone: 702-466-4873 E-Mail- fl ntsomeor arrAas-arm 26 172 of 262 Circus Vargas 2019 Event Packet San Diego (Westfield Plaza Bonita, National City) Crowd Management Trainig: Circus Vargas has 5 Managers on tour that are trained and Certified in Crowd Management Training by the National Association of State Fire Marshals. Circus Vargas average attandance per show is approximately 500 patrons. 4 4 4 Certified Crowd Control Manager ANIL rICP artitictrie 4_ 1 Cale Mpia! 9'''i 1[-s Ldi,+� 11:.'i;i t yart c ?i.i 's ki dr•:!'`4 a i.`sr) tri't its ,i i lorause ti►lsr er it nt rse'Jbr+ IOW w w w Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: IsirMir-:PfirLGr corm Katya Quiroga — Phone: 702-466-4873 E-Mail: ilmireibarie✓( ,chrrnu--yr; �_�mttm 27 173 of 262 Circus Vargas 2019 Event Packet San Diego (Westfield Plaza Bonita, National City) Certified Crowd Control Manager Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: filkaiLitheircesgACinuntswarra Katya Quiroga — Phone: 702-466-4873 E-Mail: bor.: or: nesAblirbasvairigas..mmo 28 174 of 262 Circus Vargas 2019 Event Packet San Diego (Westfield Plaza Bonita, National City) Certified Crowd Control Manager _ . � Tt::?/ c -` - z1eveinC'J1 i Lis irc to cert01 tfiat Angela Quevedo fay completed the c otin w e hued: Iwitave af 5, 20'1 t= FIRE MARSHAL SU Pi'ORT S Eft,. ICES, l_ Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: iif b rrespGrtus r ..1I,c:IImI Katya Quiroga — Phone: 702-466-4873 E-Mail: llrr*,rt lteres(vdrenuswa!r .wmm 29 Circus Vargas 2019 Event Packet San Diego (Westfield Plaza Bonita, National City) Certified Crowd Control Manager - T re ufc4ct.i7ei)1/1 t- Tfii6 16 to :et that Andrea Bachtiyski fiats completed t/ie_ C Qm cs tsss-e _ Ikerrember 5. aria Expina.vieTtber 5. 201 i } Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: IFirGsntatE.Y./argifSZEIarm Katya Quiroga — Phone: 702-466-4873 E-Mail: IhrasalbaresPernusyratriesznon 30 176 of 262 Circus Vargas 2019 Event Packet San Diego (Westfield Plaza Bonita, National City) Certified Crowd Control Manager CC! 11 /7 Ca t Of (74cli iL(Cfl1(71 'MS 174 to Celli I tfiat Carlos Quevedo / COMpleted the COlirde rr...,bar 5, 2D16 21a fie: 1.7i4,,, Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: ' ,1-)Crnausaratrgaszorn Katya Quiroga — Phone: 702-466-4873 E-Mail: lurataitraracirlouseakmas-alinn Prn 31 177 of 262 Circus Vargas 2019 Event Packet San Diego (Westfield Plaza Bonita, National City) Circus Vargas Main Tent Fire Certificate — California State oC TBE, STATE FLRE IRSGIS'r4AFX VLAME RESISTANT POUCT t vc �a Via•+ "tom: F7S weinmategt re7.5 _:t7. = cgarara .sat>^n.m..t�E • 'a+-, .C.zF m F A :S, GICTAF C4i A.NZ LaMTE;r. SM.iv":_Afi C 3''0'S pittaetgA LtIl n Rste• Far VirsgbiLI Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: resc@CitralLwalwissmrn Katya Quiroga — Phone: 702-466-4873 E-Mail: limittainattestiDdimsoariorm 32 178 of 262 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Circus Vargas EVENT: Circus Vargas DATE OF EVENT: February 21, 2019 thru March 4, 2019 APPROVALS DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] NEIGHBORHOOD SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 No comments CITY ATTORNEY Approved on condition that Risk Manager approves. COMMUNITY SERVICES No involvement NEIGHBORHOOD SERVICES Neighborhood Notifications — Events are required to notify residents and/or businesses of the surrounding impacted areas by the event. The notice shall include the name of the event, name and phone number of the company/organization producing the event, the dates and times of the event (including set-up and breakdown) and a detailed description of how the residents and/or businesses may be affected, such as by street closures, "No Parking" signs being posted, music at the event, etc. 33 179 of 262 POLICE DEPARTMENT The police department requests that representatives of Circus Vargas work with Plaza Bonita security and management to manage vehicle and pedestrian traffic as well as parking issues that can arise. FINANCE Circus Vargas needs to renew the business license. 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 Facilities Division No involvement Streets Division Put up & take down banners on NCB = $400.00 Parks Division No involvement 34 180 of 262 FIRE (619) 336.4550 .INSPECTION ioutRED Total fee amount for ail Fire Department permits :is, ($79100) dollars. Teats $600, Places of Assembly $191. Fees can only be waived by City Council. Stipulations required by the Fire Department for this event are as follows: 1) Access to the Circus Vargas to be maintained at all times. 2) Fire Department access into and through the booth areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not Tess than 14 feet. 3) Exit signs shall be provided at ail required exits. Exit signs shall;be green in.color (National City Municipal Code) acid either self �Ilu`mmating or electrical with a 90 minute back-up power. 4) Fire Hydrants shall not be blocked or obstructed. 5) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s), 6) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 35 181 of 262 7) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved California State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Fees can only be waived by the City Council. Canopies: 0-400 sf- $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 Tents: 0--200sf- 201 — (+) sf $200.00 $400.00 8) Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides and shall not be located within 10 feet of amusement rides or devices. 9) All cooking booths or areas to have one 2A:10BC. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. 10) Fire extinguishers 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. All fire extinguisher to have a current State Fire Marshal Tag attached. 11) Emergency generators and standby power systems shall be installed, tested, and maintained in accordance with NFPA 110 and NFPA 101, Standard for Emergency and Standby Power Systems. 12) A fire safety inspection is to be conducted by the Fire Department prior to operations of the carnival to include all rides, cooking areas, game booths, etc. Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($200.00) dollars. Fee is to be paid to the Fire Department Administration offices under separate permit. Fee is to be paid prior to event. 36 182 of 262 13) No smoking signs to be posted. 14) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only, 15) Fees can only be waived by City Council. 16) There shall be trained Crowd Managers or:crowd managerlsupervisors at a ratio of:one crowd ,managerlsupervisors for every 250 occupants, as approved in addition, to the security Please provide, the. current Crowd Manager certrficatio n toNCFD priorto the event (the ones provided are expired). Fees can only be waived by City Council 37 183 of 262 CC/CDC-HA Agenda 2/5/2019 — Page 184 The following page(s) contain the backup material for Agenda Item: Warrant Register #25 for the period of 12/12/18 through 12/18/18 in the amount of $3,654.318.83. (Finance) Please scroll down to view the backup material. 184 of 262 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 05, 2019 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #25 for the period of 12/12/18 through 12/18/18 in the amount of $3,654.318.83. (Finance) PREPARED BY: Karla Apalategui, Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 EXPLANATION: APPROVED BY: Per Government Section Code 37208, attached are the warrants through 12/18/18. Consistent with Department of Finance's practice, listed below ar Vendor Check/Wire Amount A Preman Roofing 340008 300,000.00 County of San Diego 340036 266,398.08 Dept. of Ind Relations 340044 62,128.23 EsGil Corporation 340049 51,997.61 Haaker Equipment Co 340060 180,109.58 Health Net Inc 340066 82,466.49 Health Net Inc 340067 82,046.40 Project Professional Corp 340097 111,786.43 Eagle Paving Company 340149 93,821.40 DBX Inc 340155 406,194.69 Adminsure Inc 674505 54,966.24 issued for the period of 12/12/18 e all payments above $50,000. Explanation City Hall Roof Replacement Sweetwater River Maint. Assessment for fy 2018 & 2019/Risk Plan Review Svcs Sep 2018 — Fire Pothole Patch Truck Group R1192A November 2018 Group R1192A December 2018 1430 Hoover Ave. Project Citywide Pedestrian Midblock Fiber Optic Traffic Sig Int Project W/C Acct Replenishment Nov 2018 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $3,654.318.83. APPROVED: L-04FINANCE 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 $3,654.318.83 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 25 1 Rom, of 2F2 PAYEE BLAZENSKI, M DUSTIN PARKER GOVERNMENT FINANCE GOVERNMENT FINANCE GRAINGER MUNISERVICES LLC SWEETWATER HIGH U S BANK WELLS FARGO BANKS WEST PAYMENT CENTER 1-800 RADIATOR & NC A REASON TO SURVIVE A. PREMAN ROOFING ABLE PATROL & GUARD ABORQUI DIGGS, K ACCESS CONTROL SECURITY INC ACE UNIFORMS & ACCESSORIES INC ACME SAFETY & SUPPLY CORP ADMINSURE INC AMAZON AMERICAN RADIO ASSI SECURITY INC AT&T AT&T ATC GROUP SERVICES LLC ATKINS NORTH AMERICA INC AUDIO ASSOCIATES BAKER & TAYLOR BEST BEST & KRIEGER ATTNY LAW BIBLIOTHECA LLC BOOT WORLD BRODART CO BSN SPORTS LLC CAL UNIFORMS INC CALIFORNIA ELECTRIC SUPPLY CASTANEDA, J CIRCULATE SAN DIEGO CITY OF CHULA VISTA CLEAR WATER TECHNOLOGIES LLC CLF WAREHOUSE INC COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTYWIDE MECHANICAL COUNTYWIDE MECHANICAL SYSTEMS COX COMMUNICATIONS DAY WIRELESS SYSTEMS -e CALIFORNIA -- NATIONAL Cary a 5 '5 1 INCORPORATED WARRANT REGISTER # 25 12/18/2018 DESCRIPTION COORDINATE AUDIT OF FINANCIAL RECORDS CAMERA OPERATION / STATE OF THE CITY FY2018 COMPREHENSIVE FINANCIAL REPORT FY2017 POPULAR ANNUAL FINANCIAL REPORT MOP 65179. SUPPLIES FOR FACILITIES STATISTICAL REPORT FOR CAFR / FINANCE PARTICIPATION / STATE OF THE CITY ADDRESS GOVT PURPOSE/SUBSCRIPTIONS/TRAININGS BANK PROCESSING CHARGES / SEC 8 BOOKS / CITY ATTORNEY'S OFFICE PARTS FOR TREE TRIMMER TRUCK HANGING OF SCULPTURE CITY HALL ROOF REPLC. SECURITY GUARD SERVICE NOV 2018 REIMB FOR HOLIDAY SUPPLIES - COMM SVCS SECURITY SVCS FOR A KIMBALL HOLIDAY NEW HIRE GEAR / POLICE SIGN HARDWARE AGREEMENT TO PROVIDE MONTHLY SERVICES / HR BOOKS / LIBRARY VEHICLE CHARGER OCT 2018 - FIRE PROGRAM SYSTEM LABOR SERVICE AT&T SBC PHONE SERVICE NOV 2018 AT&T SBC PHONE SERVICE DEC 2018 T&A1553 REFUND BOND 10 OSBORN ALLEY DESIGN SERVICES AUDIO/VIDEO EQUIPMENT / MIS BOOKS / LIBRARY PERSONNEL MATTER ANNUAL SUPPORT & MAINTENANCE MOP 64096 SAFETY APPAREL - PW BOOKS / LIBRARY ROLL BLEACHER - COMM SVCS UNIFORM PANTS NOV 2018 - FIRE DPT MOP 45698 GENERAL SUPPLIES - PW REIMB FOR TRAVEL MILEAGE ACTIVE TRANSPORTATION PLANNING ANIMAL SHELTER FEES / PD CITYWIDE WATER TREATMENT SERVICES MOP 80331 AUTO SUPPLIES - PW SWEETWATER RIVER MAINT. POLICE & FIRE RADIO MHZ NOV 2018 MAIL PROCESSING SVCS OCT 2018 HVAC MAINTENANCE AND REPAIR FY 2019 PREVENTATIVE MAINTENANCE CITYWIDE COX DATA VIDEO SERVICES DEC 2018 COMMUNICATIONS EQUIP SVC - NOV 2018 CHK NO 339994 339995 339997 339998 339999 340001 340002 340003 340004 340005 340006 340007 340008 340009 340010 340011 340012 340013 340014 340015 340016 340017 340018 340019 340020 340021 340022 340023 340024 340025 340026 340027 340028 340029 340030 340031 340032 340033 340034 340035 340036 340037 340038 340039 340040 340041 340042 DATE 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 AMOUNT 4,987.50 1,120.00 580.00 225.00 299.49 500.00 250.00 985.96 288.17 408.93 1,283.25 3,000.00 300,000.00 3,014.85 81.57 930.00 200.34 156.61 7,396.66 4,814.77 190.31 135.00 2,240.50 80.23 4,000.00 3,764.50 5,070.06 1,429.21 855.00 10,481.85 244.06 322.65 7,077.40 5,781.24 550.55 23.99 10,270.00 46,545.00 1,150.00 77.43 266,398.08 8,578.50 2,012.40 3,500.00 42,603.00 549.88 665.75 1/4 186 of 262 PAYEE DELGADO, E DEPT OF INDUSTRIAL RELATIONS DEPT OF JUSTICE D-MAX ENGINEERING EBSCO INFORMATION SERVICES ENSAFE INC ESGIL CORPORATION ETIC ENVIRONMENTAL ENGINEERS EXPERIAN EXPRESS PIPE AND SUPPLY EXXON MOBIL FACTORY MOTOR PARTS FERGUSON ENTERPRISES FLYERS ENERGY LLC FUN EXPRESS LLC GRAINGER GRANICUS INC HAAKER EQUIPMENT COMPANY HANDY METAL MART HARRIS & ASSOCIATES INC HARRIS AND ASSOCIATES HEALTH NET HEALTH NET HEALTH NET INC HEALTH NET INC HINDERLITER DE LLAMAS HOME DEPOT CREDIT SERVICES INNOVATIVE CONSTRUCTION IRON MOUNTAIN KIMLEY HORN KTUA LANGUAGE LINE SERVICES LASER SAVER INC LEAGUE OF CALIFORNIA CITIES LEFORTS SMALL ENGINE REPAIR LIEBERT CASSIDY WHITMORE LIGHTWERKS COMMUNICATION LOPEZ, TERESA YOLANDA MAN K9 INC MASON'S SAW MIDWEST TAPE MOTOROLA SOLUTIONS INC MUNICIPAL CODE CORPORATION MUNOZ, L NV5 INC O'REILLY AUTO PARTS ORKIN -e CALIFORNIA -- NATIONAL Ctry a 5 '5 1 INCORPORATED WARRANT REGISTER # 25 12/18/2018 DESCRIPTION REIMB FOR A KIMBALL HOLIDAY ITEMS ASSESSMENT FOR FY 2018 & 2019 / RISK DOJ FINGERPRINTING / POLICE STORM WATER SERVICES 2018-19 MAGAZINES SUBSCRIPTION / LIBRARY 2020 HOOVER AVE. PROJECT PLAN REVIEW SVCS SEP 2018 - FIRE T&A#1258 10 OSBORN CREDIT CHECKS FOR EMPLOYEES / POLICE CITY WIDE PLUMBING PARTS & MATERIALS / PW T&A768 REFUND BOND 10 OSBORN MOP 82766 AUTO SUPPLIES - PW MOP 45723 GENERAL SUPPLIES - PW MOBIL SUPER SYNTHETIC OIL / PW KIMBALL HOLIDAY SUPPLIES - COMM SVCS MOP 65179 GENERAL SUPPLIES - PW GOVMT TRANSPCY & MEETING SUITE POTHOLE PATCH TRUCK BUTT HINGE / PD T&A#90292 ALINEA TOWNHOUSES T&A 90210 - PARCEL MAP REVIEW - ENG GROUP N7177A DECEMBER 2018 GROUP N7177A NOVEMBER 2018 GROUP R1192A NOVEMBER 2018 GROUP R1192A DECEMBER 2018 CONTRACT & AUDIT SVCS - SALES TAX 2 QTR GENERAL SUPPLIES - BUILDING CITYWIDE PED. MIDBLOCK C. MONTHLY MN STRG CHRG DEC 2018 HARBISON AVE. DOWNTOWN SPECIFIC PLAN NON EMERGENCY TRANSLATION MOP 45725 BUILDING CHARGES - FIRE CITY MGR/DIR OF FIN CONF FEB 2019 MOP 80702 AUTO SUPPLIES - PW PERSONNEL MATTER 3-PORT EXTENDER NOV 2018 - FIRE TRANSLATION SERVICES DEC 04, 2018 MANDATED TRAINING MOP 45729 LANDSCAPE SUPPLIES - PW DVDS / LIBRARY RADIOS SUPPORT SVC OCT 2018 SUPPLEMENT 51 UPDATE 1 - NOV 2018 CALPELRA CONFERENCE EXP DEC 2018 WEB BASED GIS SYSTEM MOP 75877 AUTO SUPPLIES - PW CITYWIDE PEST CONTROL SVC NOV 2018 CHK NO 340043 340044 340045 340046 340047 340048 340049 340050 340051 340052 340053 340054 340055 340056 340057 340058 340059 340060 340061 340062 340063 340064 340065 340066 340067 340068 340069 340070 340071 340072 340073 340074 340075 340076 340077 340078 340079 340080 340081 340082 340083 340084 340085 340086 340087 340088 340089 DATE 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 AMOUNT 362.07 62,128.23 456.00 39,975.21 5,411.94 35,007.00 51,997.61 2,000.00 49.66 307.06 2,000.00 61.38 921.85 2,004.16 481.26 2,535.68 1,477.35 180,109.58 100.60 1,427.00 8,442.00 1,181.18 1,181.18 82,466.49 82,046.40 9,129.27 334.37 4,027.00 185.40 32,903.75 1,140.00 47.27 657.61 775.00 373.48 352.00 447.58 160.00 2,080.00 638.16 698.34 18,740.38 414.00 178.69 14,456.00 447.48 957.00 2/4 187 of 262 PAYEE PACIFIC AUTO REPAIR PARADISE PRINTING & GRAPHICS PARTS AUTHORITY METRO LLC PEACE OFFICERS RESEARCH PENSKE FORD POWERSTRIDE BATTERY CO INC PRO BUILD COMPANY PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RANDALL LAMB ASSOCIATES INC RELIANCE STANDARD RELY ENVIRONMENTAL SAM'S ALIGNMENT SAN DIEGO PET SUPPLY SDG&E SDG&E SHARP REES STEALY MED GROUP SIEMENS INDUSTRY INC SMART & FINAL SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SOUTHERN CALIF TRUCK STOP SPOK INC STAPLES BUSINESS ADVANTAGE STC TRAFFIC SULLIVAN, C SUPERIOR READY MIX SWAGIT PRODUCTION LLC SWEETWATER AUTHORITY SWRCB TECHNOLOGY INTEGRATION GROUP THE LIGHTHOUSE INC TINOSA INC TOPECO PRODUCTS TSC GROUP INC U S BANK U S HEALTHWORKS UNITED PARCEL SERVICE UNITED ROTARY BRUSH CORP US BANK VALLEY INDUSTRIAL SPECIALTIES VASQUEZ, XAVIER VERIZON WIRELESS VISION SERVICE PLAN WAXIE SANITARY SUPPLY WEST PAYMENT CENTER WILLY'S ELECTRONIC SUPPLY -e CALIFORNIA -- NATIONAL Ctry a 5 '5 1 INCORPORATED WARRANT REGISTER # 25 12/18/2018 DESCRIPTION SMOG CERTIFICATION FOR CITY SCHOOL CALENDARS / POLICE MOP 75943 AUTO SUPPLIES - PW PORAC DUES FOR RESERVES R&M CITY VEHICLES FY 2019 MOP 67839 AUTO SUPPLIES - PW MOP 45707 PAINT SUPPLIES - NSD 1430 HOOVER AVE. PROJECT MOP 45742 LAUNDRY SERVICES - PW ECM COMMISSIONING GROUP VAI826233 NOV 2018 HAZARDOUS WASTE PICK UP / ENG WHEEL ALIGNMENT SERVICE FOR CITY MOP SD PET SUPPLY PD SDG&E UTILITIES FOR FACILITIES FY 2019 GAS & ELECTRIC UTILITIES - PW EMPLOYEE DMV EXAM CITY HALL FIRE ALARM MOP SMART & FINAL PD MOP 45756. LITERACY SUPPLIES FOR EVENTS/LIB HALLOWEEN BAGS / POLICE MOP 45758 GENERAL SUPPLIES - PW METROCALL PAGING DECEMBER 2018 MOP 45704 OFFICE SUPPLIES - MIS T&A#90260 BAYSHORE BIKEWAYS EDUCATIONAL REIMBURSEMENT ASPHALT TACK / PW VIDEO STREAMING SERVICES NOV 2018 WATER SERVICES FOR FACILITIES FY 2019 ANNUAL PERMIT 1243 N.C.B. BLUE RAY WRITER MOP 45726 AUTO SUPPLIES - PW FLOW TEST, MSA BA MOP 63849 AUTO SUPPLIES - PW LEASE FOR STATION #33 - FIRE CREDIT CARD NOV 2018 - COMM SVCS PRE-EMPLOYMT PHYSICALS NOV 2018 MOP UPS PD SWEEPER REPAIRS & MAINTENANCE FEES FOR LIBRARY WEBSITE MOP 46453 GENERAL SUPPLIES - PW VIDEO PRODUCTION SERVICES FOR 12/18/18 VERIZON CELLULAR SVCS NOV 2018 DECEMBER 2018 VISION SERVICE PLAN MISC JANITORIAL SUPPLIES - PW INVESTIGATIONS MOP 45763 ELECTRONIC SUPPLIES - MIS CHK NO 340090 340091 340092 340093 340094 340095 340096 340097 340098 340099 340100 340101 340102 340103 340106 340107 340108 340109 340110 340111 340112 340113 340114 340115 340116 340117 340118 340119 340121 340122 340123 340124 340125 340126 340127 340128 340129 340130 340131 340132 340133 340134 340135 340136 340137 340138 340139 DATE 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 12/18/18 AMOUNT 125.00 5,937.54 530.03 80.00 647.74 455.13 295.11 111,786.43 1,096.96 14,387.50 5,505.77 5,425.00 60.00 488.31 49,115.45 31,691.90 110.00 33,250.00 482.56 68.73 873.95 216.09 1.42 2,337.84 7,155.00 2,496.24 254.73 1,920.83 44,750.82 12,259.00 651.42 322.81 3,200.00 107.85 2,533.06 889.70 669.00 7.65 1,220.89 106.49 117.12 1,200.00 229.89 844.17 2,403.14 596.70 207.17 3/4 188 of 262 PAYEE ZUMAR INDUSTRIES INC ALDEMCO ALL FRESH PRODUCTS CITY OF NATIONAL CITY COUNTYWIDE MECHANICAL CULLINAN OF SAN DIEGO DENHAM, A DEPMT OF PESTICIDE REGULATION DUNBAR ARMORED INC EAGLE PAVING COMPANY INC PADRE JANITORIAL SUPPLIES PRUDENTIAL OVERALL SUPPLY REGIONAL TRAINING CENTER SEAPORT MEAT COMPANY SYSCO SAN DIEGO INC DBX INC NATIONAL CITY HISTORICAL WIRED PAYMENTS ARCO BUSINESS SOLUTIONS ADMINSURE INC PAYCHEX BENEFIT TECH INC SECTION 8 HAPS PAYROLL Pay period Start Date 26 12/4/2018 -e CALIFORNIA -- NATIONAL Cfry a 5 '5 1 INCORPORATED WARRANT REGISTER # 25 12/18/2018 DESCRIPTION SX0073 SIGN FIX MEDIUM CHANNEL FOOD - NUTRITION FOOD - NUTRITION PETTY CASH REPLENISHMENT OCT-NOV 2018 HVAC MAINTENANCE AND REPAIR FY 2019 WATER SOFTENER FOR STEAMER / NUTRITION REIMB / DINNER PURCHASED FOR WINTER HOLIDAY LICENSE/CERTIFICATE RENEWAL ARMORED SERVICES DEC 2018 - FINANCE CITY WIDE PEDESTRIAN MIDBLOCK JANITORIAL SUPPLIES -NUTRITION UNIFORM SERVICE - NUTRITION COURSE BUSINESS WRITING - NSD FOOD -NUTRITION FOOD -NUTRITION FIBER OPTIC TRAFFIC SIG INTECON PROJECT ANNUAL EXPENSE PAYMENT FUEL FOR CITY FLEET NOVEMBER 2018 W/C ACCT REPLENISHMENT NOV 2018 BENETRAC ESR SVCS BASE FEE DEC 2018 Start Date End Date 12/12/2018 12/18/2018 End Date Check Date 12/17/2018 12/26/2018 CHK NO DATE AMOUNT 340140 12/18/18 904.62 340141 12/18/18 4,151.31 340142 12/18/18 1,476.67 340143 12/18/18 619.28 340144 12/18/18 16,464.96 340145 12/18/18 288.50 340146 12/18/18 195.21 340147 12/18/18 120.00 340148 12/18/18 289.51 340149 12/18/18 93,821.40 340150 12/18/18 1,173.70 340151 12/18/18 137.71 340152 12/18/18 300.00 340153 12/18/18 768.51 340154 12/18/18 5,638.93 340155 12/18/18 406,194.69 340156 12/18/18 5,000.00 A/P Total 2,295,050.50 674433 12/13/18 29,899.55 674505 12/13/18 54,966.24 996163 12/14/18 538.65 7,895.00 1,265,968.89 GRAND TOTAL $3,654,318.83 4/4 189 of 262 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 5TH OF FEBRUARY 2019. AYES NAYS ABSENT 190 of 262 CC/CDC-HA Agenda 2/5/2019 — Page 191 The following page(s) contain the backup material for Agenda Item: Warrant Register #26 for the period of 12/19/18 through 12/25/18 in the amount of $254,690.25. (Finance) Please scroll down to view the backup material. 191 of 262 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 22, 2019 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #26 for the period of 12/19/18 through 12/25/18 in the amount of $254,690.25. (Finance) PREPARED BY:Karla Apalategui, Accounting Assistant PHONE: 619-336-4572 EXPLANATION: DEPARTMENT: Finance n 1 APPROVED BY:� Per Government Section Code 37208, attached are the warrants issued for the period of 12/19/18 through 12/25/18. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Public Emp Ret System 12212018 254,690.25 Service Period 11/20/18 — 12/03/18 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $254,690.25. 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 $254,690.25 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 26 192 of 262 CALIFORNIA' NATIONAL CITY INCORPOFtATEP WARRANT REGISTER # 26 12/25/2018 PAYEE DESCRIPTION CHK NO DATE AMOUNT NO WARRANTS ISSUED ON THE WEEK OF 12/19/2018 THROUGH 12/25/2018 WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 11/20/18 - 12/03/18 A/P Total 0.00 12212018 12/21/18 254,690.25 GRAND TOTAL $ 254,690.25 1/1 193 of 262 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 5TH OF FEBRUARY 2019. AYES NAYS ABSENT 194 of 262 CC/CDC-HA Agenda 2/5/2019 — Page 195 The following page(s) contain the backup material for Agenda Item: Warrant Register #27 for the period of 12/26/18 through 01/01/19 in the amount of $2,061,417.86. (Finance) Please scroll down to view the backup material. 195 of 262 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 22, 2019 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #27 for the period of 12/26/18 through 01/01/19 in the amount of $2,061,417.86. (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 12/26/18 through 01/01/19. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation No Warrants Over $50,000.00 processed The period of 12/26/18 through 01/01/19 FINANCIAL STATEMENT: APPROVED: (�-, Xed-61-4. FINANCE ACCOUNT NO. APPROVED: MIS Warrant total $2,061,417.86. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Ratify warrants totaling $2,061,417.86 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 27 196 of 262 CALIFORNIA"'� NATIONAL arlir o Lf INCORPOA.ATSP WARRANT REGISTER # 27 1/1/2019 PAYEE DESCRIPTION CHK NO DATE AMOUNT NO WARRANTS ISSUED ON THE WEEK OF SECTION 8 HAPS PAYROLL Pay period 27 12/26/2018 THROUGH 01/01/2019 Start Date End Date 12/26/2018 1/1/2019 Start Date End Date Check Date 12/18/2018 12/31/2018 1/9/2019 A/P Total 0.00 948,342.50 1,113,075.36 GRAND TOTAL $2,061,417.86 1/1 197 of 262 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 5TH OF FEBRUARY 2019. AYES NAYS ABSENT 198 of 262 CC/CDC-HA Agenda 2/5/2019 — Page 199 The following page(s) contain the backup material for Agenda Item: Continued 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) (Planning) (Continued from the January 22, 2019 City Council Meeting) Please scroll down to view the backup material. 199 of 262 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 4, 2019 AGENDA ITEM NO. ITEM TITLE: :Continued 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: .mc DEPARTMENT: Planning. PHONE: :619-336-4313 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, in order for the Zone Change to occur. The Zone Change is addressed in a separate Ordinance. This item was continued from the January 22, 2019 meeting so that the draft Resolution could be amended to reflect all necessary information. 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 2. Recommended Findings 3. Recommended Conditions 4. Overhead 5. Site Photos 6. Applicant's Plans 7. Public Notice (from January 22, 2019) 8. Resolution 200 of 262 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. At the January 22, 2019 public hearing, the City Council certified the associated Mitigated Negative Declaration (MND) and introduced an Ordinance amending the Zoning Map. An item for the adoption of the Ordinance is also on tonight's agenda. The Zoning Map change will not be binding unless the General Plan Amendment is also approved. Furthermore, approval of the Tentative Subdivision Map is also tied to the amendment and zone change, as a project of this density is not permitted without them. ATTACHMENT 1 1 201 of 262 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. 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. 3 202 of 262 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, Tots 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 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 part 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: 5 203 of 262 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: 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 Tess 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. 7 204 of 262 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. 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 9 205 of 262 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 Tots 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 ATTACHMENT 2 11 206 of 262 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. 13 207 of 262 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, 15 208 of 262 19. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. 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.AII 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. 17 209 of 262 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 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 19 210 of 262 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 longterm 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. 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 -PC) 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/. 60.The landscape plan submitted with construction documents shall include preservation and/or replanting of the existing specimens of San Diego Ambrosia, to the extent possible based on comments from the Department of Fish and Wildlife. 21 211 of 262 73 (13 a) 0 p�/ oi 0 N Q 0 9 0 ATTACf- 3 NT 4 212 of 262 213 of 262 J • 0 SECOND FLOOR FLOOR PLAN 0 z z H w m N '0 ATTACHMENT 6 HYDRANT 40-CA7ON • .ROPOSgS- AVG GATES - ENHANCED COLORED _ANIDATAmpE CONCRETE, TYPICAL SED MAN GATE -" GROUNDCOVER. TYPICAL ST _ i, JtG STRE TREES. TYPICAL • rinc 4YDR.4NT LOC-. 710;' I - r. • ea- . . raitit GIBS, TYPICAL BIKE_RA_CK _EcNoHNAcRET%CEDCrrypOppL077;77,;":..._ ANISSTAMFEU te;:15!fire:::: 111111111111t tril.: 11 ..._,, mut ..:. ,,....,," ..,:!. .., i !...;.,.• •nn cht ..%.A„,...j..s_..,. 1 _n4'..,' titf-_-•__uiiiihMiLMIEVAllelerr r - - ,-,,, itra:WW0lanererwrieblertreeeralyareseeief0'01101011:e3 le 0y3.40,0 0:0:0;3200 Ceitit0.43 0V 0.0 0 0.440 0 0?.... !!!igi;iiipiii.:.:..-...,..:.777,.. ,•‘:,-,...,..:!:,.?:!!,:k.ii,Bligiiiiii,-ii 5' HEIGHT VV000 OR VINYL FENCE TYPICAL k I • • E Extmw_Enca_AR • FENCE ANDUSEAMP WITH BLACK CHAIN LINK AND GATE LANDSCAPE CONCEPT PLAN SCALE PLANTING NOTES PROPOSED RETAINING WALLS, TYPICAL 1. THE PLANTING PLANS ARE DIAGRAMMATIC, MINOR ADJUSTMENTS IN PLANT LOCATIONS AND TYPE MAY BE MADE ATTHE 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. 3. THE LANDSCAPE CONTRACTOR WILL COORDINATE HIS VYORK WITH THE OTHER TRADES AND MAINTAIN DRAINAGE DURING CONSTRUCTION. 4. PLANT QUANTITIES AND AREAS SHOWN ON LEGENDS ARE FOR CONTRACTORS' CONVENIENCE IN ESTIMATING ONLY. CONTRACTOR IS RESPONSIBLE FOR PROVIDING PLANT MATEFUALS TO COVERALL AREAS AS SHOWN ON PLANS. 5 SLOPE ALL PLANTING AFIEAS AWAY FROM BUILDING AT 2% MINIMUM FOR 5 FEET MINIMUM, WHERE APPLICABLE 6. LANDSCAPE ARCHITECT SHALL APPROVE FINAL PLACEMENT OF ALL TREES. SHRUBS, AND VINES PRIOR TO PLANT/NG. T. TREE AND SHRUB PITS 5 GALLONS AND SMALLER SHALL BE TWO TIMES ROOTBALL DIPJAETER WIDE AND 1-12 TIMES CONTAINER DEPTH. B. 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 TI-IAT 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 SE REMOVED AT THE END OFTHE 1-YEAR TREE GUARANTEE PERIOD. 10. DO NOT DAMAGE PLANT ROOTBALL DURING TRANSPORTATION OR PLANTING. 11. CONTRACTOR SHALL USE THE FOLLOWING AMENDMENT SCHEDULE FOR BIDDING PURPOSES ONLY. A SOIL TEST SHALL BE MADE BY LANDSCAPE ARCHITECT, AND RECOMMENDED AMENDMENTS SHALL BE USED FOR ACTUAL INSTALLATION. 100 LBS. OF GYPSUM PER WOO SQ. FT. 79 LBS. OF TRI-C (6-24 16// 5% SULFUR)PER 1000 SQ. FT. S LBS. OF IRON SULFATE PER Joao SQ. FT. 25 LES. OF SOIL SULFUR PER 1000 SO. FT. 5 CUBIC YARDS OF NRROUZED ORGANIC AMENDMENT PER 1000 SO. FT. (SEE NOTE 161 12. AMENDED SOIL SHAU. BE ROTOTILLED TO A DEPTH OF r. 13. 140 IRON SULFATE SHALL COME IN CONTACT WITH ANY MASONRY SURFACE. 14. NITROLIZED ORGANIC AMENDMENT SHALL BE HUMIC COMPOST FROM 1..NT C MEDIUM FLOWERING SHRUB. TYPICAL :] 111.11i 14-1.44-ali. - • „*„- -AZAW;V: _ ult-01,1--rtift .1.-6 91, „.• 11.1..1L1. , ••411969-01. A 61.9 9. • ••••••,... 'V' 1..1. • 1.1. *A. 9 • • • • 6 11 • • *•%*****•7•"• • • • • • e..• • NEW 8WIDE CONCRETE OR D.G. PATH AND RAMPS AGRI-SERVICE, LOAMEX., OR APPROVED EQUAL 15. A. PLANTING BACKFILL MIX FOR ALL CONTAINER PLANTS EXCEPT FERNS, A741 FAS, CAMELIJAS. WISTERIA, JASMINUM, OPHIOPOGON, HIBBERTIAS. ITIACHELOSPERMUM, ESCALLONIA, IJRIOPE, BEGONIAS, IMPATIENS, CLJVIAS, ROSES, OR AS NOTED IN PLAN, SHALL CONSIST OF 1/3 NITRO1 I70r ORGANIC AMENDMENT AND 2/3 DOSTING SOIL, PLUS 2-1/2 LEIS, OF SOIL SULFUR, 2 U3S. IRON SULFATE PER CU. YD., 4 LBS. GYPSUM, AND 8 LBS. OF TRI-C (6-2-4 W/ 5% SULFUR) PER CUBIC YARD. B. PLANTING BACKFILL MIX FOR ALL FERNS. AZALEAS, CAMM I 1413, WISTERIA, JASMINUM, OPHIOPOGON, HIBBERTIAS, TRACHELOSPERMUM, ESCALLOMA, LIRIOPE, BEGONIAS, IMPATIENS. CLIVIAS, AND ROSES, SHALL CONSIST OF 113 EXISTING SOL. 1(3 NITROLIZED ORGANIC AMENOMENTANC in THOROUGHLY WETTED PEATMOSS, ANO OTHER AMENDMENTS NOTED IN I7A, 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 EIE WATERED THOROUGHLY WIIII SUPERTHRIVE". WITHIN I HOUR OF PLANTING. ALL PLANTS 1-GA11ON SIZE OR LARGER SHALL RECEIVE AGRIFORM 2/-GRAM 20-10-5 FERTILIZER TABLETS AT THE RATES RECOMMENDED BY MANUFACTURER 18. AU- PLANTS INSTALLED FROM FIATS SHALL RECEIVE ONE AGRIFORM 5-0RAM 20-10-5 TABLET EACH, AND ALL 4" POTS SHALL RECEIVE TWO 5-0RAM TABLETS EACH, MIXED WITH A HANDFUL OF PREPARED SACKFILL 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 SHAU. BE COVERED WITH A 3' OEF-P LAYER OF SHREDDED FIR BARK, OR APPROVED EQUALFASTENED WITH STAPLES FLUSH TO THE FABRIC TO PREVENT MOVEMENT. 20, IF THE SOILTEST PREVIOUSLY MENTIONED SHOWS THAT PERMEABILITY RATES ARE LESS THAN -5' PER HOUR, LANDSCAPE ARCHITECT MAY REQUIRE A TREE DRAIN SYSTEM. 21, A LANDSCAPE MAINTENANCE PERIOD OF 90 DAYS SHALL BE CONSIDERED PART OF THIS CONTRACT. REFER TO THE PROJECT SPECII9C.ATIONS FOR DETAILS. EVGREEN ,..414)19M.ACCENT •4sW•fem---. ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, w•gms(4tym-x414%.%---vgiv -111111111111111 - ,N. •oili Sht..L. ACCENT PLANT, TYPICAL ..:141.41-14.34;Veg k •••••••••• 111.1 1=Ita: ,71111111 •-• ••••• • two. • .-•••••61a•••• fa 16.417,X1 VI rig 1 .••_.*, • no,li,k• • *4* •••••••••• • ,,,,, • • •- • • • • • BIO RETENTION VkREAS.P_IZANTED WITH GRASSES, TYPICAL. SEE SECTION BELOW PROPOSED RETAINING WALLS, TYPICAL SECTION SCALE Y..-.1,0* BBQ AREA WITH SMALL TABLES AND FLOWERING SHADE TREES, TYPICAL STRUCTURE SEE ELEVATIONS BELOW P'-.2 A.40/ TED W. °L BIO RETENTION AREAS PLANTED WITH GRASSES, TYPICAL SMALL FLOWERING TREES 00 z. 0.0d. &El SCREENING u4 I TREES, TYPICAL c°L. PROPOSED RETAINING WALLS, TYPICAL c,2,•zo o'o-o..e. • I * 4.* • 6•••••••••••Vx••••• •0111111•••••• 0•416• " •-••••1•••411, gcc41,•••ol•• n.fr-r1 47••••• • • .7:41.14-itia•Zt4......? SHADE....3;.m.i,'r,w....4.................... STRUCTURE WITH.. i L.; • •-•-•''''",""'"'""',.., TABLES AND ------.---.-....V./ SECTION BELOW WAIREGR_A A%.5.=EiV51_ : BENCHES, SEE ; . SECTION SCALE r=1"411. SCREENING- \ TREES VINE : . • BIO RETENTION AR!TEj-j1 GRASSES, -A TYPICAL GRA SMALL FLOWERING TREES ROPOSED SHADE STRUCTURE PICNIC TABLES ,-LAWN : TYPICAL W 77.10' :.L- ID' SEY, TO 8E 5.00 SETaAC:.: AREA WITH STEEL HEADER AND BENCHES 621 PC ANL SES sotelo 2643 41h Avenue San Diego C...9 92103 prone 619.644.1977 ongelno@osnieklecen www.osoleb.COm M STREET & 16TH AVENUE 1.1AFON.AL CITY CA CITY SWIMIRAL 08.07.18 LANDSCAPE CONCEPT PLAN SHEET L1.0 214 of 262 EXHIBIT:/3 TENT-AT1VE MAP NO. CASE CASE FILE NO.:l7-0L,f , S ; 5 DATE: 6/r6 /y� 29 UNIT CONDOMINIUM DEVELOPMENT FOR 16 AVENUE AND FORMER 'M' STREET k I I i NATIONAL CITY, CA _J� l 1 \ toss / II/ RAN1610 i, AC10NN �f _ PORTION OF QUA TEUECTION 132 I-- PAP E ■ L_ T ---ceAWGN k7L7 , ' 'I (�Bj' • 'T �---7 �Jl i X ��1 CAR/ /�� i ■ ��r! f .� ///figso r rl I �J I I 1 I eraWis �r��aliEni�i� R. WALK CURB TUBE II I ocil II O —f 11— I D II II 11 lit DEVELOPMENT SUMMARY: SUMMARY OF REQUEST: WA AND EWB'WIDE C•, CRETE OR — D.G.PATH AND •r - �\\\ ,� c ..; W/ \ 1I GUSSES SITE DATA: N17°43'09'W 451.50 SNAIXSPHOUWE W7774TAMES AND BENCHES •)W 1 `NATIONAL SCHOOtD�ISTRICT SER 11)111l ') I INSTITUTIONAL EXISTING USE: EXIST. APPROVED 9 LOT SUBDIVISION (74,487 5;F ) PROPOSED USE: 29 SINGLE FAMILY CONDOM NUMS LOT SIZE: GROSS AREA: 774,497 5.F. / 1.71 AC NET LOT SVE. BUILDING SIZE: BUILDING TOTAL FLOOR AREA 41,218 (HABITAL! BUILDING FOOTPRINT: 25,660 S,F /.59 ACRES TYPE OF DEVELOPMENT: LOT COVERAGE: LEGAL: SUBDIVISION MAP 15223 LOTS I THRU 9 RECORDED FEBRUARY 23, 2005 ZONING: EXISTING: RS-2 PROPOSED: RM-1 GENERAL PLAN DESIGNATION: RESIDENTIAL TYPE OF CONSTRUCTION: TIDE III / V OCCUPANCY: ALLOWED: XIL PROPOSED: X% PAVED AREA: DRIVEWAY: SURFACE PARKING: COVERED PARKING:. TOTAL PAVED AREA: LANDSCAPING: REQUIRED: PROPOSED: DENSITY: LOT SIZE: R-2 SETBACKS: 1.7 ACRES / 74,487 SF MAX 29 UNITS/PROPOSED STREET: 15 FT. PROVIDE 10 FT SIDE: IO.FT. REAR: 10 FT. BUILDING AREA CALCULATIONS: PRIVATE SPACE REQUIRED 29 UNITS X 60 5F PRIVATE SPACE SHOWN COMMON SPACE REQUIRED 29 UNITS X 300 SF - COMMON SPACE PROVIDE ON SITE (3 ARE/9 X 1200 SF1= DIFFERENCE PINE W/ CE CENTER BUILDING DATA: V ) NtW43'O ``nn111111111111h!I 11 i!IIIIIIIIIIIIIII !mow 11111 SINCE SIPLCIINE WITH EAMESAAka BENCIES UNIT NC. TYPE SITE (SF) PARKING STYLE PRIVATE SPACE 157( 2 A 1430 2 ATTACHED TOWNHOUSE 1005E BALCONY 1 20 SF PATO 4 Al 1430 1 ATTACHED TOWNHOUSE I00 SF BALCONY 1 CARPORT 4 B 4 61 2 C 4 0 2 1740 SF 2 G 4500 SF 8700SF 3600 5F 5100 5F 2 EXCESS PRIVATE SPACE 4500 5F - 1740 SF = 2760 SF EXCESS PRIVATE SUBSTITUTED FOR COMMON SP / 2760 IF X 2 = 5524 SF LARGER THAN 5100 SF 1446 2 ATTACHED TOWNHOUSE 100 SF BALCONY 100 SF PATIO 1446 I ATTACHED TOWNHOUSE I005F BALCONY 1200 2CARPORT FLAT 120 SF BALCONY 1450 1 ATTACHED TOWNHOUSE 2005E BALCONY 1 CARPORT 1446 1 ATTACHED 1 CARPORT 1450 I ATTACHED I CARPORT 1450 2 ATTACHED G1 1450 I ATTACHED I CARPORT TOWNHOUSE 1205F BALCONY TOWNHOUSE 120 SF BALCONY 220 SF PA10 TOYNHOUSE 120 SF BALCONY 220 5F PATIO TOWNHOUSE 120 SF BALCONY 220 SF PATIO MISES VICINITY MAP: PROJECT DIRECTORY: PROJECT OWNER: NOEL MELA RENOVA PROPERTIES. LIC. PO BOX 1265 RANCHO SANTA FE. CA 92067 TEL, 858-756-8762 EMAIL nmnajr@grnall.com i / PROJECT CONTACT: RALPH GONZALES a S75 CONSULTING 5931 SEA LION PLACE # I09 CARLSBAD, CA 92010 TEL. 760522_1026, TEL 760.331.8738 j/ 1 / I PARCHITECROJETCT TEAM. �/ I i / / : C1RIS DESIGNS RICH.fRDS RALDAS 10732 N DI $OOCA92124IVE �-I j1 ,- . - "�- ���'i� - EMAIL mENGINEERon.n.�nm —f�' CIVIL /SOBS ENGINEER: ME1N41 sHARLV //� - 5M5 CON5ULTING/SMS GEOTECHNICAL 50LUT10N5, INC. �r ' 5931 50A UON PIA110 4109 l CARL58AD, CA 92010 r� OFFICE: 760.602.7El 1 5 / CELL: 750.331-B738 ,�^ EMAIL imvgeo,ol Inc(5gm 1.cam LANDSCAPE ARCHITECT: _. ANGELINA SOTELO 77 �- - 2643 FOURTH AVENUE ... �� i TEL. 6 9.719 SAN DIEGO, 92103 SOLETO LANDSCAPE ARCHITECTS EMAL angclinuiZlwdetoiom HYDROLOGIST i // OSE AGOMEZ RAUL P.E 74d PIDGEON STREET = 5AN DISC-O, CA. 921 14 \((t) ,////et / TEL. 619.210,3371 EMAIL Irgome119583yohoo.<om BIOLOGIST: VINCENTSOHIEDT BIOLOGICAL CONSULTANT 's 3158 OCCIDENTAL STREET SAN DIEGO, CA. 92122 Try. B58.336.7106 EMAIL vine san.r<.com I !AND SURVEYOR: RAY SPEAR SPEAR 6 ASSOCIATES 475 PRODUCTION STREET SAN MARCOS, CA 92078 TEL: 760.736.2040 J EMAIL. rspoo' speaAn.ne, --ea PROJECT ADDRESS: TING WING — TOB�F/ A.P.N.: 557452.17 THRU 25 LEGAL DESCRIPTION: 1P 508 1IV1Si]1N1 N J M A4 VE LEANOUT 16TH AVENUE AND M STREET NATIONAL Ott, CA LOTS 1 THRU 9 INCLUSIVE; CAROLINA HILLSIDE HOMES MAP NO. 15223 IN THE CITY OF NATIONAL 012, COUNTY OF SAN DIEGO. STATE OF CAUFORNIA, FILED IN THE OFFICE OF COUNTY REC9ORD OF SAN DIEGO COUNTY, RECORDED DEC. 13. 2005. PRINTED: 5/8/2018 CITY VILLAGE CONDOS 16th Ave & Old'M' Street, National City, CA Umr4m9 MAnImr 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 MULTIUNIT 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 25 216 of 262 CC/CDC-HA Agenda 2/5/2019 — Page 217 The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption 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) (Planning) Please scroll down to view the backup material. 217 of 262 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 4, 2019 AGENDA ITEM NO. ITEM TITLE: Public Hearing and Adoption 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: 1619-336-4313 EXPLANATION: ,A4c DEPARTMENT: Planning. APPROVED BY: The applicant is proposing to merge nine undeveloped single family Tots 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 and introduced the Ordinance. The attached Ordinance will need to be adopted in order to take action on the Zone Change. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Mitigated Negative Declaration (MND) ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: X STAFF RECOMMENDATION: Adopt the Ordinance approving the Zone Change BOARD / COMMISSION RECOMMENDATION: The Planning Commission recommended approval of the Zone Change. Vote: Ayes — Baca, DelaPaz, Garcia, Sendt, Quintero, Yamane Noes: Flores ATTACHMENTS: Ordinance 218 of 262 CC/CDC-HA Agenda 2/5/2019 — Page 219 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving the Mayor to execute 1) the Agreement for Surrender and Termination of Lease between the San Diego Unified Port District and the City of National City for the property located at Goesno Place, including the Quitclaim Deed; and 2) the Assignment of the Coastal Development Permit. (Community Services) Please scroll down to view the backup material. 219 of 262 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 5, 2019 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City approving the Mayor to execute 1) the Agreement for Surrender and Termination of Lease between the San Diego Unified Port District and the City of National City for the property located at Goesno Place, including the Quitclaim Deed; and 2) the Assignment of the Coastal Development Permit. PREPARED BY: Audrey Denham DEPARTMENT: `„mmu ity Se es PHONE: 619-336-4243 APPROVED BY: EXPLANATION: Since March 2015, the City of National City (City) has struggled to find a viable operator for the National City Aquatic Center (NCAC). During the FY19 budget cycle, City staff budgeted $380,000 for the first year of NCAC operations, which included onetime expenses for furniture, fixtures and equipment. In May 2018, faced with a structural deficit, City Council approved beginning discussions with the San Diego Unified Port District (Port) to transfer the NCAC from the City to the Port. Per the Coastal Development Permit the NCAC will continue to be a boating and environmental science public education facility with programming primarily directed toward youth. Additionally, the Port intends to continue the partnership with Community Rowing of San Diego and the Sweetwater High School rowing team. The Port will vote on the Agreement for Surrender and Termination of Lease during their next scheduled Board of Port Commissioners regular meeting on February 12, 2019. The transfer will go into effect 30 days following approval by the Board of Port Commissioners. FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS There is no financial impact associated with this action. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Adopt the resolution, approving the Mayor to execute 1) the Agreement for Surrender and Termination of Lease between the San Diego Unified Port District and the City of National City for the property located at Goesno Place, including the Quitclaim Deed; and 2) the Assignment of the Coastal Development Permit. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Agreement for Surrender and Termination of Lease, including Quitclaim Deed 2. Assignment of Coastal Development Permit 220 of 26 TI AGREEMENT FOR SURRENDER AND TERMINATION OF LEASE This Agreement for Surrender and Termination of Lease, hereinafter "Agreement," is entered into as of , 2019 between the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, hereinafter "Lessor" and CITY OF NATIONAL CITY, a municipal corporation, hereinafter "Lessee," WITNESSETH: WHEREAS, Lessor and Community Development Commission of National City, on the 8th day of June, 2010 entered into a lease of certain tidelands located in the City of National City, California, as more particularly described therein and attached hereto as Exhibits A and B ("Premises"), which lease is on file in the Office of the Clerk of Lessor bearing Document No. 56735, (hereinafter "Original Lease"); and WHEREAS, Lessor administratively approved, on the 81" day of July, 2011, an assignment of Original Lease from Community Development Commission of National City to Lessee, which Assignment and Assumption Approval is on file in the Office of the Clerk of Lessor bearing Document No. 57887; and WHEREAS, Lessor and Lessee, on the 111" day of January, 2013, entered into an Agreement for Amendment of Lease, Amendment No. 1, which Amendment is on file in the Office of the Clerk of Lessor bearing Document No. 59801, (hereinafter "Amendment No. 1"); and WHEREAS, Lessor and Lessee, on the 13th day of August, 2013, entered into an Agreement for Amendment of Lease, Amendment No. 2, which Amendment is on file in the Office of the Clerk of Lessor bearing Document No. 60803, (hereinafter "Amendment No. 2"); WHEREAS, Lessee has requested that the Original Lease, as assigned and amended by Amendment No. 1 and Amendment No. 2 (Original Lease together with assignment, Amendment No. 1, and Amendment No. 2 collectively referred to hereinafter as "Lease") be mutually terminated and surrendered to Lessor; NOW THEREFORE, for good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, the parties agree to terminate the Lease by Lessee surrendering Page 1 of 6 221 of 262 and vacating the Premises and Lessor accepting such surrender in accordance with the following: 1. Subject to the terms and conditions set forth herein, the Lease shall terminate on ("Termination Date"). 2. On or before the Termination Date, Lessee shall execute, acknowledge and deliver to Lessor a good and sufficient deed whereby all right, title and interest in the Lease and Premises, including without limitation, any and all improvements located thereon, is quitclaimed to Lessor in the form attached hereto as Exhibit C ("Quitclaim Deed"). 3. On or before the Termination Date, Lessee shall execute, acknowledge and deliver to Lessor the Assignment of Coastal Development Permit CDP-2011-01, whereby interest and rights to, and obligations and liabilities arising from, Coastal Development Permit CDP-2011-01 are wholly assigned and transferred to Lessor as of the date of such document. 4. On or before delivery of the Quitclaim Deed, Lessee shall vacate the Premises and surrender possession to Lessor in accordance with the terms of the Lease. 5. Upon delivery of the Quitclaim Deed and Lessee vacating and surrendering the Premises in accordance with the terms of the Lease, Lessor shall accept the Quitclaim Deed and record it in the Official Records of San Diego County at the cost and expense of Lessee, 6. Prior to vacating the Premises and surrendering possession to Lessor, Lessee shall remove all furniture, equipment, and other personal property not listed and detailed in Exhibit D attached hereto. Upon delivery of the Quitclaim Deed and Lessee vacating and surrendering the Premises in accordance with the terms of the Lease, all rights, title and interest to the furniture, equipment, and other personal property listed and detailed in Exhibit D shall automatically transfer to Lessor, at no cost to Lessor. 7. Any remaining rights, duties, or obligations of the parties pursuant to the terms, covenants, and conditions in the Lease shall continue in full force and effect and shall not be affected by this Agreement. Nothing herein is intended nor shall be construed as a waiver of Lessor's rights or as a release of any of duties or obligations of Lessee, whether known or unknown at this time or upon the effective date of this Agreement. Explicitly and without limitation, all of Lessee's obligations under the Lease, Paragraphs 7, 22, 44, 45 and 47 shall survive this Agreement and the surrender and termination of the Lease. APPROVED AS TO FORM AND LEGALITY SAN DIEGO UNIFIED PORT DISTRICT, GENERAL COUNSEL a public corporation. 2 222 of 262 By: By: Assistant/Deputy Tony Gordon Director, Real Estate APPROVED AS TO FORM: CITY OF NATIONAL CITY, a municipal Angil P. Morris -Jones corporation By: By: Roberto M. Contreras Mayor Alejandra Sotelo-Solis Deputy City Attorney SDUPD Docs No. 3 223 of 262 (FOR USE BY ) 224 of 262 STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. On before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) .._.._._._._._,_._._._._._._._._._._._._._._._. OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capaclty(res) Claimed by Signer(s) Signer's Name o Individual ❑ Corporate Officer--Title(s): ❑ Partner-- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator o Other: Signer is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name _ ❑ individual ❑ Corporate Officer --Title(s): ❑ Partner -- ❑ Limited ❑ General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT..... OF.SIGNER .,, Top of thumb here 225 of 262 (FOR USE BY SAN DIEGO UNIFIED PORT DISTRICT) STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. On before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) _._._._._._._._._._._._._._._._._._._._._._._._. OPTIONAL Though the information below is not required by law, it may prove valuable to person relying an the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signer's Name ❑ Individual ❑ Corporate Ofcer--Title(s): ❑ Partner -- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name _ ❑ Individual o Corporate Officer--Title(s): ❑ Partner -- j Limited General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator o Other: Signer is Representing: RIGHT THUMBPRINT. OF SIGNER Top of thumb here 226 of 262 Legal Description for CITY OF NATIONAL CITY AQUATIC CENTER TIDELAND LEASE Within Corporate Limits of National City All that certain portion of land conveyed to the San Diego Unified Port District by that certain Act of Legislature of the State of California pursuant to Chapter 67, Statutes of 1962, First Extraordinary Session, as amended, and delineated as Parcel 1-A on that certain Miscellaneous Map No. 564, filed in the Office of the San Diego County Recorder on May 28, 1976, File No. 76-164686, in the City of San Diego, County of San Diego, State of California, and more particularly described as follows: Commencing at a 3" diameter brass disk monument stamped "SDUPD-020" as shown an Record of Survey Map No. 16668, filed in the office of the San Diego County Recorder on July 25, 2000; thence along a tie -line South 70°38'59" East a distance of 383.59 feet (calculated) to the TRUE POINT OF BEGINNING; thence North 72°06'01" East a distance of 87.30 feet; thence South 17°53'59" East a distance of 1.30 feet; thence North 72°06'01" East a distance of 13.57 feet; thence South 17°53'59" East a distance of 1.85 feet; thence North 72°06'01" East a distance of 10,00 feet; thence North 26°24'43" West a distance of 5.10 feet; thence North 33°14'07" East a distance of 0.85 feet; thence South 87°07'50" East a distance of 2.36 feet to the beginning of a non -tangent 21.60 foot radius curve, concave southeasterly to which a radial bears North 83°11'22" West; thence northeasterly along the arc of said curve through a central angle of 117°19'21" an arc distance of 44.23 feet to the beginning of a 37.30 foot radius compound curve, concave southwesterly; thence southeasterly along the arc of said curve through a central angle of 29°08'47" an arc distance of 18.98 feet; thence South 26°43'14" East a distance of 4.08 feet; thence North 87°07'02" West a distance of 4.57 feet; thence South 17°53'59" East a distance of 8.50 feet; thence North 72°06'01" East a distance of 3.80 feet; thence South 17°53'59" East a distance of 4.20 feet; thence South 72°06'01" West a distance of 3.80 feet; thence South 17°53'59" East a distance of 24.73 feet; thence South 84°22'14" West a distance of 7.50 feet; thence South 60°33'14" West a distance of 41.02 feet; thence South 83'38'48" West a distance of 23.01 feet; thence South 60°33'14" West a distance of 23.01 feet; thence South 83°38'48" West a distance of 22.89 feet; thence South 60°33'14" West a distance of 22.85 feet; thence North 33°22'53" West a distance of 60.00 feet to the TRUE POINT OF BEGINNING, containing 8,412 square feet or 0.19 acre of tidelands area. The above described land area is delineated on the San Diego Unified Port District Drawing No. 028-025, dated September 12, 2008 and made a part of this agreement. All bearings and distances in the above legal description are grid, and based upon the California Coordinate System, Zone 6, N.A.D. 83, Epoch 1991.35. 9, vick5 Charles J. Sefk w Date L.S.'7876 Expiret 31 Dec. 2008 Land Surveyor San Diego Unified Port District EXHIBIT "A" 227 of 262 \\\' FlLo7gEAS L ' 527-001 20' WATER ESMT. - s " RAMP BOAT LAUNCH FACILITY 3" DIA. BRASS DISK MON. STAMPED "SDUPD-020" AS SHOWN ON R.O.S. 16668. S60'33' 14»W 22.85' \528-001 EASEMENT LIMIT LINE OF COUNTY OF SAN DIEGO (DOC. NO. 17271 FILED AUG. 30, 1984) NOTES: 1. LEASE AREA SHOWN SHADED. 2. BEARINGS AND DISTANCES ARE GRID AND BASED UPON THE CALIFORNIA COORDINATE SYSTEM ZONE 6, NAD 83, EPOCH 1991.35. DATA TABLE: i 1 } 028-010 \ PIER 32 MARINA GROUP,\ 1 LLC PARCEL NO.1 1 S60'33' 14"W 23.01' S83'38'48"W 22.89' 028-010 PIER 32 MARINA GROUP, LLC. PARCEL NO.2 DETAIL (SEE SHEET 2 OF 2) S60'33'14"W 41.02' SWEEMIATER RIVER CHANNEL LIMIT PER CALTRANS RIGHT OF WAY MAP NO. 49503 DATED DEC. 1983 �P 205.00' TO SW OF SWEETWATER RIVER CHANNEL GRAPHIC SCALE S70'38'59"E-383.59'(CALC.) 0 10' 20' 4D' 0 N33'22'53"W-60.00' 0 N72'06'01 "E-87.30' 1" = 40' • CHECKED P N y�VAQUE/Z CHECKED . .' 7Z�J/C-. REVIEWEb ?.4 t. ul AP VED ///43/.. tD ter* b. SAN DIEGO UNIFIED PORT DISTRICT TIDELAND LEASE WITHIN CORPORATE LIMITS OF NATIONAL CITY CITY OF NATIONAL CITY AQUATIC CENTER DATE SEPT. 12 200B SCALE 1 "=40' REF. 028-01 DRAWING NO. SHEET 1OF 028-025 DEVSERv\REM1\E28\o28-025\028-025-091208d+xg_ EXHIBIT "e" 228 of 262 r B Q Dig�D4'r raz701.AZ z N72'06'01 "E 87.30' 028-010 PARCEL NO. 2 028-010 PIER 32 MARINA GROUP, LLC. PARCEL NO. 1 ©=11719'21" L=44.23' R=21.60' /:.:::S87'07'50"E ::::::•:::::::::':........... • • N72'06'01 D.E. f ::. �0• .•10DO0': ?•.••••• ::=•S17 53 59 E . :•• • • :'• 8.50':•:•:: :S1753'59"E: :S17'53'59"E .• . • .............to S17'53'59"E: (G�.19 ACRE•: :3.80': .X •:•S84'22'14'W:•: A'-� ;SWE.E1WATER RIVER CHANNEL•: :•7.50" ::y: LA :LIMIT PER CALTRA " •• NS: •.�.. :::. ::RIGHT OF WAY: :::::::::::.:•::'•'::•:•::' �•:•;;.....: •.•:::•� �..;.:� :MAP NO. 49503: : :•. '�. : �� •A•TE••D •D••E•C. 1985': i . " s1 • ......... .528-•-001:..... :•:•'� :� ............. ....... .. . ........................... • • • • .....EASEMENT LIMIT LINOF::::::::......:: :\S�D� :........................................0DIEGO '` ,; • '•'••* ::: (DOC. NO 17271 •••::•: y fir:.......::FILED AUG. 30, 1984)::.......... /1=29'08'47" L=18.98' R=37.30' GRAPHIC SCALE 0 5' 10' 15' 1" = 15' DETAIL SCALE: 1 "=15' r N87'07102"W 4.57' S26'43' 14"E, 4.08' N72'06'01 "E 3.80' r DRAWN DARWIN VASOUEZ CHECKED.46Ae'7 Va. REVIEWED71/4 •etrtoro,t APPleplioi LAND SURVEY . D. SAN DIEGO UNIFIED PORT DISTRICT TIDELAND LEASE WITHIN CORPORATE LIMITS OF NATIONAL CITY CITY OF NATIONAL CITY AQUATIC CENTER DATE SEPT. t2. 2008 SCALE 1"=15' REF. 028-010 DRAWING NO. SHEET OF .2 028-025 v\REMl\Eo28\o2s-o25\o28—o25----o91208dwg. EXHIBIT "D" 229 of 262 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: San Diego Unified Port District Corporate Services — Records Post Office Box 120488 San Diego, CA 92112-0488 ) (Space Above this Line for Recorder's Use) QUITCLAIM DEED This Quitclaim Deed ("Quitclaim") is dated as of the day of 20 . The CITY OF NATIONAL CITY, a municipal corporation ("City" or "Grantor"), does hereby remise, release, and forever quitclaim to the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation ("District" or "Grantee"), all of its right, title, and interest in and to the Lease between City (as successor in interest to Community Development Commission of National City, a community development commission) and District dated June 8, 2010, as amended by Agreement for Amendment No. 1 dated January 11, 2013, and Agreement for Amendment No. 2 dated August 13, 2013, together with all of its right, title, and interest in and to the following described real property in the City of National City, in the State of California, including without limitation, any and all improvements thereupon: Approximately 8,412 square feet of land area located at 3300 Goesno Place in the City of National City, California, more particularly described and delineated on Drawing No. 028-025 dated September 12, 2008, attached hereto as Exhibits "A" and "B" and by this reference made a part hereof. GRANTOR: CITY OF NATIONAL CITY, a municipal corporation. By: Signature N\inibt 230 of 262 PRINT NAME: Alejandra Sotelo-Solis PRINT TITLE: Mayor :EX VI' \b'l F c 231 of 262 (FOR USE BY CITY OF NATIONAL CITY) STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. On before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity{ies) Claimed by Signor(s) Signer's Name _ ❑ Individual ❑ Corporate Officer--Title(s):_ • Partner -- Limited a General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: RIGHT -CHUTASPRINT OF SIGNER Top of thumb hero Signer's Narne ❑ Individual ❑ Corporate Officer --Title(s): ❑ Partner -- Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OF SIC>NER Top of thumb here 232 of 262 (FOR USE BY SAN DIEGO UNIFIED PORT DISTRICT) STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. On before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) ._._...._...._._._._._._._._._._._._._._._._._. OPTIONAL --•_._._._._._._._._._._._._._._._._._.._.._.. Though the information below is not required by law, it may prove valuable to person relying an the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name _ a Individual ❑ Corporate Officer--Titie(s): ❑ Partner-- 7 Limited General ❑ Attorney In Fact ❑ Trustee CI Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: RIGHT THUMBPRINT::. OF SIGNER: Top of thumb hers Signer's Name _ ❑ individual ❑ Corporate Officer --Title(s): o Partner -- Limited 7 General o Attorney in Fact ❑ Trustee o Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THurv78PRIr;IT OF. SIGNER. Top of thumb here 233 of 262 National City Aquatic Center Inventory of Equipment EXHIBIT "D" � Nd Folding Chairs Folding Chair Cart Round Folding Tables Table Cart TV & DVD Player Cycling Bike 79 1 10 1 1 2 First Aid Kit (waterproof) 1 Heavy Duty Mat 1 Heavy Duty Mat 1 TV and DVD Player 1 Storage Cabinet 1 Binoculars 1 Sunscreen Dispenser 1 VHF Radios and Chargers 3 Waterproof VHF Radio Cases 3 Dri-Dek Tiles 2 Shower Curtains/Hooks 6 100 foot hose 1 First Aid Kit (mountable) 1 First Aid Kit (waterproof) 1 Megaphones 2 Hand Truck 1 Slip Guard Mats 2 Throw lines with bags 3 Tow lines 3 Flammable Safety Cabinet 1 Waterproof Backpack 1 Single Kayaks 16 Double Kayaks 8 Kayak Paddles 32 Kayak Seatbacks 35 Stand Up Paddleboard Paddles 12 Stand Up Paddleboards 11 Life Jackets with Whistles 47 Life Jacket Rack 1 Trash cans 4 234 of 262 ASSIGNMENT OF COASTAL DEVELOPMENT PERMIT CDP-2011-01 The CITY OF NATIONAL CITY, a municipal corporation, does hereby assign and transfer Coastal Development Permit CDP-2011-01 dated August 2, 2011 and bearing District Clerk Document No. 57961, as amended on July 18, 2013 and bearing District Clerk Document No. 60624, to the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation. Dated: , 2019 CITY OF NATIONAL CITY, a municipal corporation By: Signature PRINT NAME: Alelandra Sotelo-Solis PRINT TITLE: Mayor 235 of 262 AFFIDAVIT REGARDING COASTAL DEVELOPMENT PERMIT CDP-2011-01 The SAN DIEGO UNIFIED PORT DISTRICT, a public corporation (District), hereby assumes Coastal Development Permit CDP-2011-01 dated August 2, 2011 and bearing District Clerk Document No. 57961, and as amended on July 18, 2013 and bearing District Clerk Document No. 60624, from the CITY OF NATIONAL CITY, a municipal corporation, and agrees to comply with the terms and conditions contained therein as of the date written below. Dated: , 2019 SAN DIEGO UNIFIED PORT DISTRICT, a public corporation • By: Signature PRINT NAME: Aleiandra Sotelo-Solis PRINT TITLE: Mayor 236 of 262 CC/CDC-HA Agenda 2/5/2019 — Page 237 The following page(s) contain the backup material for Agenda Item: City Council discussion and direction on the City of National City's participation in the U.S. Census Municipal Complete Count Committees. (City Manager) Please scroll down to view the backup material. 237 of 262 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 5, 2019 AGENDA ITEM NO. ITEM TITLE: City Council discussion and direction on the City of National City's participation in the U.S. Census Municipal Complete Count Committees PREPARED BY: Leslie Deese, City Manager DEPARTMENT: City Manager PHONE: 619.336.4242 APPROVED BY:j, EXPLANATION: At the January 22, 2019 regular meeting of the City Council, a representative from the San Diego County U.S. Census Bureau made a presentation to the Council on the "Road to 2020" (attached). The presentation included information on Complete Count Committees (CCCs) that provide tribal, state and local governments the opportunity to work together with partners in their communities to form CCCs to promote the 2020 Census to their constituents. The City Council directed staff to return with a discussion item at the next regular meeting on National City's participation in the U.S. Census Municipal Complete Count Committees. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: City Council direction requested BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1) January 22, 2019 Presentation - "Road to 2020" 238 of 262 Item # 6 01 /22/19 ROAD TO 2020 CENSUS Roberto Garcia, Partnership Specialist San Diego County U.S. Census Bureau 239 of 262 Road t02020 Roberto Garcia Partnership Specialist - U.S. Census Bureau Census Bureau U.S. Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU census gov 240 of 262 2020 Census United States Census Bureau U.S. Department of Commerce Economics and Statistics Administration U S. CENSUS BUREAU census gov 241 of 262 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 242 of 262 Why does the 2020 Census matter? • Congressional representation • Reapportionment & redistricting • $675 Billion distributed annually • Funding based on population • Over $76 Billion each year to the State • $2,000 approx. per Californian counted* Census Bureau U.S. Department of Commerce Economics and Statistics Administration U S. CENSUS BUREAU census gov 243 of 262 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 Amount $44,240,036,248 $7,528,039,778 $4,274,492,934 $3,40,189,000 $3,212,534,538 $1,286,852,000 United States Census �� Bureau U.S. Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU census.gov 244 of 262 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 245 of 262 March 23, 2020 40) Internet Phone Paper Form In -person United States Census Bureau *13 languages including English will be supported U.S. Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU census goy 246 of 262 Impact to National City r...14;a"Al& U.S. Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU census.gov 247 of 262 Impact to National City 71% National City Census Mail Participation Rate in 2010 18,000 National City Folk United States' Census Bureau Requiring follow-up by Census enumerator in 2010 U.S. Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU census.gov 248 of 262 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 249 of 262 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 .. .. 250 of 262 Response Outreach Area Mapper (ROAM) Use;s'ropdov..n'_C search :2°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.gov www.census.gov/roam of Chula Vista, S€,nG1S, Bureau of Land Management, Esri, 251 of 262 Hard -to -Count Populations Communities of Color Children under 5 Persons who do not speak English fluently LG BTQ+ 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 ••.. •• • • •, 252 of 262 How can we work together to ensure a complete count in 2020? Census Bureau U.S. Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU census.gov 253 of 262 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 254 of 262 We are Hiring 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 255 of 262 Community Partnership and Engagement Program Enroll community partners to increase participation in the 2020 Census of those who are Tess 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 256 of 262 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 257 of 262 Suggested CCC Membership SUGGESTED MUNICIPAL CCC MEMBERSHIP Heads of Regional Associations Council Members from Priority Target Areas r State CCC 111 Representative 'Partnership Specialist is advisor and Census Iiasion 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 I Heads of Community Organizations 0 Representatives from II 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 258 of 262 Timeline —Key Communications • The 2020 Census Phases • Education Phase — 2018-2019 e 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 259 of 262 United States' Census Bureau Questions ? U.S. Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU census.gov 260 of 262 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 261 of 262 References Hard to Count Tracts: https://www.census.gov/roam Participation Rate: https://www.census.gov/censusexplorer/2010ratemap.html?# 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. www.govtech.com/data/Millions-of-Californians-Might-Go-Uncounted- rls United States"U.S. Department of Commerce CensusEconomics and Statistics Administration Bureau U S. CENSUS BUREAU census.gov 262 of 262