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HomeMy WebLinkAboutAgenda Packet - 02-05-19 CC HA Agenda - FinalAGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY - CALIFORNIA NATIONAL OI XAOORPORATfi ALEJANDRA SOTELO-SOLIS Mayor RON MORRISON Vice Mayor JERRY CANO Councilmember MONA RIOS Councilmember 1243 National City Blvd. National City, CA 91950 619-336-4240 Meeting agendas and minutes available on web WWW.NATIONALCITYCA. GOV COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, FEBRUARY 5, 2019 - 6:00 PM ORDER OF BUSINESS: Public sessions of all Regular Meetings of the City Council / Community Development Commission - Housing Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on the first and third Tuesday of each month. Public Hearings begin at 6:00 p.m. unless otherwise noted. Closed Meetings begin in Open Session at 5:00 p.m. or such other time as noted, and after announcing closed session items, convenes into a Closed Meeting. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. The Mayor and Council members also sit as the Chairperson and Members of the Board of the Community Development Commission (CDC). REPORTS: All open session agenda items and reports as well as all documents and writings distributed to the Elected Body less than 72 hours prior to the meeting, are available for review at the entry to the Council Chambers. Regular Meetings of the Elected Body are webcast and archived on the City's website www.nationalcityca.gov. PUBLIC COMMENTS: Prior to the Business portion of the agenda, the Elected Body will receive public comments regarding any matters within the jurisdiction of the City and/or the Community Development Commission. Members of the public may also address any item on the agenda at the time the item is considered by the Elected Body. Persons who wish to address the Elected Body are requested to fill out a "Request to Speak" form available at the entrance to the City Council Chambers, and turn in the completed form to the City Clerk. The Mayor or Chairperson will separately call for testimony of those persons who have turned in a "Request to Speak" form. If you wish to speak, please step to the podium at the appropriate time and state your name and address (optional) for the record. The time limit established for public testimony is three minutes per speaker unless a different time limit is announced. Speakers are encouraged to be brief. The Mayor or Chairperson may limit the length of comments due to the number of persons wishing to speak or if comments become repetitious or unrelated. WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items appearing on the written agenda. Items not appearing on the agenda must be brought back on a subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to take action on such items arose after the agenda was posted. CONSENT CALENDAR: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent items are 1 of 308 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 publico que desean hablar con el Ayuntamiento durante del Consejo Municipal. "Solicitud para hablar de" formas solicitud de interpretacion deben ser presentadas dentro de las dos primeras horas del Consejo Municipal. COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY COUNCIL MEETINGS. 2 of 308 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 AND CERTIFICATES 1. National City Celebrates Black History Month 2. Scott Ellis Recognized for his Compassion for the Homeless AWARDS AND RECOGNITIONS 3. Fire Department Lifesaving Award to Captain Derek Jones and Firefighter Nick Black. (Fire) PRESENTATIONS 4. San Diego Gas & Electric (SDG&E) Updates: Supporting and Partnering with National City - Dinah Willier, Public Affairs Manager, San Diego Gas & Electric (SDG&E). (City Manager) 5. Update on Recent "Competitive" Grant Awards. (Engineering/Public Works) INTERVIEWS / APPOINTMENTS 6. Continuations of the Selection Process for the Appointment to Fill City Council Vacancy. (City Attorney) CONSENT CALENDAR 7. Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances considered at this meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 8. Resolution of the City Council of the City of National City amending the Signage and Facade Improvement Program Maintenance Agreement to 3 of 308 CC/CDC-HA Agenda 2/5/2019 — Page 4 streamline and incorporate an Irrevocable License, a Deed of Trust and a Promissory Note in said Agreement. (Housing and Economic Development) 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 117 E. 5th Street (TSC No. 2018-36). (Engineering/Public Works) 10. 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) 11. 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) 12. 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) 13. Warrant Register #25 for the period of 12/12/18 through 12/18/18 in the amount of $3,654.318.83. (Finance) 14. Warrant Register #26 for the period of 12/19/18 through 12/25/18 in the amount of $254,690.25. (Finance) 15. 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 16. 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) 17. 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 4 of 308 "M" Avenue (Applicant: Ralph Gonzales) (Case (Planning) NON CONSENT RESOLUTIONS CC/CDC-HA Agenda 2/5/2019 — Page 5 File No. 2017-04 ZC) 18. 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) NEW BUSINESS 19. Report regarding Capital Improvement Projects completed under the limits set forth by the Uniform Public Construction Cost Accounting Act ("Act"). (Engineering/Public Works) 20. City Council discussion and direction on National City's participation in the 2020 U.S. Census. (City Manager) 21. Community Town Hall Workshop to Discuss Functionality of and Proposed Procedure for Small Cell Deployment. (City Attorney) 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 308 CC/CDC-HA Agenda 2/5/2019 — Page 6 The following page(s) contain the backup material for Agenda Item: National City Celebrates Black History Month Please scroll down to view the backup material. 6 of 308 Item # 02/05/19 National City Celebrates Black History Month Proclamation Forthcoming 7 of 308 CC/CDC-HA Agenda 2/5/2019 — Page 8 The following page(s) contain the backup material for Agenda Item: Scott Ellis Recognized for his Compassion for the Homeless Please scroll down to view the backup material. 8 of 308 Item # 02/05/19 Scott Ellis Recognized for his Compassion for the Homeless 9 of 308 CC/CDC-HA Agenda 2/5/2019 — Page 10 The following page(s) contain the backup material for Agenda Item: Fire Depai lucent Lifesaving Award to Captain Derek Jones and Firefighter Nick Black. (Fire) Please scroll down to view the backup material. 10 of 308 Item # 02/05/19 Fire Department Lifesaving Award to Captain Derek Jones and Firefighter Nick Black (Fire Department) 11 of 308 CC/CDC-HA Agenda 2/5/2019 — Page 12 The following page(s) contain the backup material for Agenda Item: San Diego Gas & Electric (SDG&E) Updates: Supporting and Partnering with National City - Dinah Willier, Public Affairs Manager, San Diego Gas & Electric (SDG&E). (City Manager) Please scroll down to view the backup material. 12 of 308 Item # 02/05/19 SAN DIEGO GAS & ELECTRIC (SDG&E) UPDATES: SUPPORTING AND PARTNERING WITH NATIONAL CITY Dinah Willier Public Affairs Manager San Diego Gas & Electric (SDG&E) 13 of 308 WOO a. Wairl< Dinah Willier Public Affairs Manager February 5,2019 © 2017 San Diego Gas EL Electric Company. All copyright and trademark rights reserved. 1 4 of 308 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 15 of 308 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 EnerctY 16 of 308 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. 17 of 308 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 18 of 308 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 19 of 308 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. GU 01 JUO 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 21 of 308 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 22 of 308 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 23 of 308 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 24 OT 5U i CC/CDC-HA Agenda 2/5/2019 — Page 25 The following page(s) contain the backup material for Agenda Item: Update on Recent "Competitive" Grant Awards. (Engineering/Public Works) Please scroll down to view the backup material. 25 of 308 Item 2/5/2019 Update on Recent "Competitive" Grant Awards (Engineering/Public Works) 26 of 308 F CALIF0FiNIA NATIONAL -CO? amv Update on Recent' Competitive" Grant Awar‘wmt_. City Council Meeting February 5, 2019 - - - 27 of 308 FY 2019 Grant Awards Summary PROJECT AWARD MATCH TOTAL PROGRAM Division Street - Euclid Avenue to Harbison Avenue Bicycle $3121000 $100,000 $412,000 ATGP Capital Improvements National City Boulevard Inter- city Bike Connection $394,001 $1,000 $395,001 ATGP Capital Roosevelt Avenue Corridor 2080,000 Smart Growth Revitalization $ ,$625,000 $2,705,000 SLIP Capital Sweetwater Road Protected 2 500 000 Bikeway $278,906 $2,778,906 SGIP Capital 24th St Transit Oriented Development Overlay $500,000 $60,000 $560,000 SGIP Planning National City Bicycle Parking $50,000 $12,500 $62,500 ATGP Enhancements Total $5,836,001 $1,077,406 $6,913,407 28 of 308 FY 2019 Grant Awards Summary Cont. PROJECT Waterfront-Homefront Connectivity Study Central Community Mobility Enhancements Bayshore Bikeway — Segment National City Bicycle Wayfinding Protected Left -Turn Signals (H9-11-012) INTRA-Connect Plan Total AWARD $198,000 $1,286,000 5 $5,421,000 $942,000 $1,390,590 $330,000 $9,567,590 MATCH TOTAL PROGRAM ATGP Non - Capital $197,000 $1,483,000 ATP Cycle 4 $970,000* $6,391,000 ATP Cycle 4 $0 $942,000 ATP Cycle 4 $22,000 $220,000 $154,510 $1,545,100 HSIP Cycle 9 $45,000 $375,000 Caltrans STP $1,388,510 $10,956,100 Grand Total FY 19 Grants $15,473,591 $2,465,916 $17,869,507 * Matching funds available through San Diego Unified Port District MIIF Funds 29 of 308 REQUESTED MATCH TOTAL PROGRAM FUNDING 1 Paradise Valley Creek Water Quality and Community $3,950,000 $0 $3,950,000 Prop 1 Enhancement Total $3,950,000 $3,950,000 30 of 308 FY 2019 Grant Upcoming Opportunities PROGRAM California Drought, Water, Parks,. Climate, Coastal Protection, and Outdoor Access for All Act of 2018 (Proposition 68) PROGRAM OBJECTIVE Offers grants for projects that protect, restore, and enhance California's cultural, community and natural resources 31 of 308 em n s Complete a road diet on Division Street from Euclid Avenue to Harbison Avenue a 1:130-. 0 DIVISION STREET emu, DIVISION STREET n .--._._.�_ 4 .-T- -:^r- v....__. — - . • 32 of 308 1 Install traffic calming features, decreased lane widths, ike/pedestrian improvements at freeway on/off ramps, bike boxes, lighting, and pedestrian safety enhancements. 33 of 308 20D 400 Fool l . 1 33rd St — City of CFut:i Vista Enhanced (Buffered Cla s' II - Bike Lanes Broadway from C St to G St (In Final Design) —if N`5'2h yG roi7iap hl CriL`AlrGne [ lc 3f. t lip':., 34 of 308 nstall new streetscape, lighting, signage, mobility options urban greening, stormwater runoff and parking from Rooselvelt Avenue and W. 8th Street to National City Blvd/Main Street 35 of 308 Roosevelt Ave. Corridor Smart Growth Revitalization Project �Jrlr�` motet"` `•} SANDAG SGIP CAPITAL GRANT 1) Large canopy trees 2) Stormwater runoff parkway 3) Widened walkway 4) Corner bulb -outs 5) Angled parking 6) New lighting 7) Added bike lane - CALIFORNIA - NATIONAL CITY INC SANDAG SGIP Cycle 4 Capital Grant -ftivrmoThwottalimor..._ 10 36 of 308 Implement a road diet, bicycle -friendly intersection improvements, and pedestrian enhancements along Sweetwater Road between 2nd Ave and Plaza Bonita Road 37 of 308 Class 11- Bike Lanes 30th SI from Highland Ave to 2nd Ave (In Final Design) a s� New Sidewalk alone south sr le al Sweetwater Re N 10E q Enhanced Pedestrian Crossing at Sweetwater Rd and Orange SI - One- Cede "Track T\vn-\\iil Clans T Bikeway II Bicycle -Friendly intersection lmprovement 9 Road Diet (6-1._nnce re, 4-Lanes) Road Dicr (5-Lanes ro 4-1anes) SANI)AG Regional Bikeway C:onnecrion to Regional Bikeway IV Number of Bicycle and Pedestrian Crillisions (2010 2014) 1= 111111111 W`•nrW�ro. Plaza Bonita Mall / laza. Bonita Tranist Center I� L 12 38 of 308 o ment CverI" Comprehensively analyze the study area surrounding the 24th St Transit Center to plan a new vision for the area to include: transit -supportive land use, improved mobility and parking options, and an enhanced public realm. Typical building forms extruded to maximum height per development zone Hoover Avenue Buildings In white will likely not change r 1 8th Street it • 11fn.91 1 1 1 I 1 I Plaza Boulevard 39 of 308 Install custom bookend bike corrals throughout the city i 40 of 308 y Stue" Study will look at connecting transit, bike and walking facilities with new technologies of carshare, bikeshare, neighborhood electric vehicles, shuttles, electric bikes & ride hailing to lower greenhouse gas emissions and vehicle -miles traveled. ird 41 of 308 MTS / SANDAG •'1 ;L CITY OF SAN DIEGO . . . • ...-4.••• L. 4L ••••• .••• Al • L 14.4 I • 1 • 42 of 308 nstall 1.7 miles of bicycle facilities (Class II & III) N AVENUE INFRASTRUCTURE GAP 43 of 308 Install nearly 1.5 miles of protected bicycle facilities along McKinley Avenue, Bay Marina Drive and Marina Way LOCATION Iv1AP - NO SCALE 44 of 308 iCVCIr`'a* Install more than 100 signs at decision points along bicycle corridors throughout the City. 10 c A I, IFORNIA NATIONAL Crry :3:31 J•I• og,r•wAT'IJ f Kimball Park 1 2 + City Hall 1 8 4. Pier 32 3.8 n'OPOSED 1/4- rm., 0 10•01100/ C.,11.11 0.'0 0A•11,00,111A t.UTI0NAL ..Von •roas BIKEWAYS MAP PR POSED ORIENTATION KIOSK 45 of 308 012 Protecte Upgrade existing permissive left -turn phases and signal heads with protected left -turn phases on existing and/or new traffic signal poles and mast arms LEGEND fx3-1-11 EXISTING TRAFFIC 9 9 SIGNAL EQUIPMENT PROPOSED TRAFFIC SIGNAL EQUIPMENT PROPOSED STRIP]NG Cn 0 '7 _ E PLAZA BLVD - -Pd P(.7. E PLAZA BLVD & GROVE ST 25 IA PALM AVE & E 16TH ST 167121. ST 46 of 308 Flood control, stormwater quality improvement, and natura resources enhancement through removal of invasive specie 47 of 308 Paradise Creek Water Quality and Community Enhancement Grant Funding Legend n IRWM DAC - Planning Grant SWGP - Construction Grant Phase 1 Phase 2 fi - • 22 48 of 308 INTRAConnect • CITY OF I\ ATIO\AL CITY Connecting People with Land Uses and Nobility Options all within a 10-minute Neighborhood What are the benefits of a 10-minute neighborhood? 1 1 Ten-minute neighborhoods suppert improved and healthier lifestyles where people can be physically active while also promoting social interactions. Additionally, by encouraging alternate nodes of transportation, the environmental impacts of vehicles :an be minimized. Improved health Reduced traffic Increased use of transit and other modes of transportation Increased mobility options for older non -drivers Cleaner air and less greenhouse gas emissions Social connectivity Stronger retail • 49 of 308 1 NAginNALCITp INTRAConnect • CITY OF NATIONAL CITY Connecting People with Land Uses and Vobility Options all within a 10-minute Neighborhood Supporting Objectives: 1) Provide incentives to neighborhoods that also help support business self sufficiency and neighborhood cohesion. 2) Support local trips and travel versus regional trips and long distance commutes. 3) Evolve land use planning efforts that support smart infill growth where overall Green House Gas (GHG) emissions and Vehicle Miles Traveled (VMT) would be Tess. 4) Develop placetypes that represent the right mixture of land use, transit, public facilities, housing and street patterns that support active transportation and transit. 5) Classify the City into these various placetypes and develop a menu of improvements. 6) Provide equitable distribution of transportation and public space improvements for all 9 neighborhoods. 7) Build upon previous investments in transportation, transit, parks and public spaces. 8) Integrate complete streets, universal access, active transportation, healthy communities. placemaking, climate action initiatives and other adopted policies. 50 of 308 CC/CDC-HA Agenda 2/5/2019 — Page 51 The following page(s) contain the backup material for Agenda Item: Continuations of the Selection Process for the Appointment to Fill City Council Vacancy. (City Attorney) Please scroll down to view the backup material. 51 of 308 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 5, 2019 AGENDA ITEM NO. 6 ITEM TITLE: Continuations of the Selection Process for the Appointment to Fill City Council Vacancy PREPARED BY: Angil P. Morris -Jones PHONE: 4222 EXPLANATION: See attached Staff Report DEPARTMENT: City Attor,(1 APPROVED BY: FINANCIAL STATEMENT: NA ACCOUNT NO. ENVIRONMENTAL REVIEW: NA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: STAFF RECOMMENDATION: See attached Staff Report BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: Staff Report Finance MIS 52 of 308 CALIFORNIA ,_; Mayor Alejandro Sotelo-Solis Council Members Ron Morrison Mona Rios Jerry Cano NATIONA.L GUT (�,NCORPORATED. Office of the City Attorney STAFF REPORT TO: Mayor and City Council FROM: City Attorney SUBJECT: Continuation of the Selection Process for the Appointment to Fill a Vacancy on the City Council pursuant to Government Code Section 36512 City Attomey Angil P. Morris -Jones Senior Assistant City Attomey Nicole Pedone Deputy City Attorney Roberto M. Contreras DATE: February 5, 2019 As you know, the City Council has two options for filling an unscheduled council vacancy. The two options are to fill the vacancy by appointment within 60 days of the vacancy or to call for a special election to fill the vacancy. At your meeting of January 29, I informed you that the San Diego County Registrar of Voters (ROV) has indicated that they will be seeking a moratorium on elections after May 7, 2019 until March 3, 2020 as they are updating their equipment and therefore the ROV will be unable to accommodate an election during that time. If the unscheduled vacancy is not filled by appointment within the 60 day statutory deadline, the vacancy will have to be filled through a special election. If a special election is conducted by the City, we will be responsible for all election cost, which will include, but is not limited to, the cost of renting election equipment, locating and renting polling locations, printing ballots in five different languages, recruiting and training poll workers, doing an RFP for an election service, etc. In other words, the cost of a Special election that we originally estimated to cost over $400,000 if conducted by the ROV, is totally cost prohibitive if conducted by the City. At your meeting of January 29, you interviewed eleven (11) applicants and received public comments regarding who the public believed should be appointed. The process did not result in an appointment to fill the vacancy as none of the applicants received a majority of three votes needed for appointment to the Council. The item was continued to the regular meeting agenda of February 5, 2019 for the continuation of the Selection Process. You have been advised that the law does not dictate a process or procedure for filling an unscheduled council vacancy. At your January 29 meeting, you used an election process that has been practiced in the pasttto fill council vacancies. This time the past practice did not result in an appointment to fill the vacancy. Therefore, I propose two alternatives that hopefully will lead to a majority vote to fill the unscheduled council vacancy. The two alternative are outlined below. ALTERNATIVE ONE: Nomination from the List of Eleven Applicants 1. A member of the Council nominates one of the Eleven Applicants to fill the vacancy; 2. The nomination receives a second by another member of the Council; and 53 of 308 Continuation of the Selection Process February 5, 2019 3. The Mayor calls for the vote, and if a majority (3 votes) of the City Council votes for the nominee, the person is appointed and sworn in, if they are present. If a majority of the City Council does not vote for the person nominated, you may repeat Alternative One. However, once it becomes clear, after a few nominations have failed to result in a majority vote (3 votes) for one of the eleven applicants, you should move forward to Alternative Two. ALTERNATIVE TWO: Nomination of a National City Registered Voter 1. A member of the Council nominates a National City Registered Voter to fill the vacancy and the nominee has stated that they will accept the appointment. The Register Voter does not have to be present at the meeting; 2. The nomination receives a second by another Councilmember; and 3. The Mayor calls for the vote, and if a majority (3 votes) of the City Council votes for the nominee, the person is appointed and sworn in, if they are present If a majority of the City Council does not vote for the person nominated, you may repeat Alternative Two. However, once it becomes clear, after a few nominations have failed to result in a majority vote by the Council for any person nominated, the matter should be continued to a meeting specifically called for such purpose. If Alternative One and Two are unsuccessful, you are advised to set a Continuation of the Selection Process for the Appointment to Fill the Vacancy for February 6, 2, 8, 11, 12, 13, 14, and 15. The City Council must fill this vacancy by appointment to prevent a cost prohibitive special election. Friday, February 15, 2019, is the last day you can make the appointment to fill the unscheduled council vacancy within the 60 day statutory deadline. Therefore, please be prepared that if you are unable to obtain a majority vote for appointment to fill the vacancy on Tuesday, February 5, 2019, to continue meeting on this item until you fill the vacancy by appointment. 54 of 308 CC/CDC-HA Agenda 2/5/2019 — Page 55 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. 55 of 308 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) 56 of 308 CC/CDC-HA Agenda 2/5/2019 — Page 57 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. 57 of 308 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. 58 of 30 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 SFIP 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). Two SFIP projects have already been completed since the program started last year and two projects are currently underway. The City is currently reviewing an SFIP application for eligibility. 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. The Agreement was revised by Christiansen and Spath, LLP and reviewed by the City Attorney's Office. 59 of 308 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 60 of 308 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 61 of 308 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 62 of 308 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 63 of 308 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 64 of 308 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 65 of 308 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 66 of 308 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 67 of 308 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 68 of 308 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 69 of 308 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 70 of 308 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 71 of 308 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 72 of 308 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 73 of 308 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 74 of 308 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 75 of 308 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 76 of 308 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 77 of 308 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 78 of 308 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 79 of 308 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 80 of 308 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 81 of 308 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 82 of 308 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 83 of 308 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 84 of 308 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 85 of 308 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 86 of 308 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 87 of 308 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 88 of 308 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 89 of 308 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 90 of 308 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 91 of 308 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 92 of 308 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 93 of 308 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 94 of 308 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 95 of 308 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 96 of 308 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 97 of 308 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 98 of 308 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 99 of 308 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 100 of 308 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 101 of 308 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 102 of 308 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 103 of 308 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 104 of 308 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 105 of 308 RESOLUTION NO. 2019 — 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 WHEREAS, 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 to stimulate revitalization and private sector capital investment by proactively addressing deteriorating property conditions too increase economic vitality in National City; and WHEREAS, the SFIP 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); and WHEREAS, on October 3, 2017, the City Council approved Resolution 2017-185 adopting the 2017-2022 Economic Development Strategic Plan, and approved the Program Guidelines and Participatory Agreements for the Adopt -A -Place Program, Activate the Right of Way, and Signage and Facade Improvement Program; and WHEREAS, the Signage and Facade Improvement Program Maintenance Agreement (Agreement) needs to be amended to streamline and incorporate an Irrevocable License, a Deed of Trust, and a Promissory Note, rather than having these as stand-alone documents. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves 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. PASSED and ADOPTED this 5th day of February, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 106 of 308 CC/CDC-HA Agenda 2/5/2019 — Page 107 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. 107 of 308 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 I08 of 3081 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. 109 of 308 Location Map with Recommended Enhancements (TSC Item: 2018-36) 117 E. 5th Street PARKING ONLY F299 (CA) Proposed blue curb disabled persons parking space ArrAil ' •'^r Ktf9f :11( -41rtia taii; 4::71 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 CO 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. 111 of 308 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 2018-36 112 of 308 REQUEST FOR BLUE CURB DISABLED PERSONS PARKING SPACE NAME OF DISABLED PERSON: NAME OF REPRESENTATIVE FOR DISABLED PERSON (if different from above): ADDRESS: \ \ � S± \\301 0� LI B b9 1 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) Do you possess a valid disabled person's placard issued by the California Department of Motor Vehicles (DIM V)? RYES I I NO 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 113 of 308 . .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 OWE:4:4PSEAT 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 SPA9E,SIBLUE.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 CROSSHATC1121INg.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 ( 114 of 308 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 115 of 308 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 117 of 308 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. 118 of 308 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. 119 of 308 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 120 of 308 RESOLUTION NO. 2019 -- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE LOCATED ON 117 EAST 5TH STREET WHEREAS, the resident of 117 East 5th Street possess a valid Disabled Person Placard from the State of California Department of Motor Vehicles and has requested a blue curb disabled persons parking space in front of the residence for easier access because it is difficult to find parking near the residence due to the high demand for parking in the area; and WHEREAS, after conducting an inspection and review, staff determined that the property qualifies for a blue curb disabled persons parking space; and WHEREAS, on December 12, 2018, the Traffic Safety Committee determined that all conditions have been met for the property to qualify for a blue curb handicap parking space and voted unanimously to approve the installation of a blue curb disabled persons parking space with signage in front of the residence at 117 East 5th Street, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of a blue curb disabled persons parking space with signage in front of the residence at 117 East 5th Street. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of a blue curb disabled persons parking space with signage in front of the residence at 117 East 5th Street. PASSED and ADOPTED this 5th day of February, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 121 of 308 CC/CDC-HA Agenda 2/5/2019 — Page 122 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. 122 of 308 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 123of3081 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. 124 of 308 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. 126 of 308 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 2018-37 127 of 308 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 128 of 308 ;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 129 of 308 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 130 of 308 Location Map with Recommended Enhancements (TSC item: 2018-37) 1 • rs *#. • '.,-. •• , l• .., .-.,,,..;,.... = r, , 1. '''''' f I I ! ' 1 ,,,, 4 il_ r• ' k 1 : at :41-)al 11 i i 11 ''- ' i. ..-.... I , .'...,t *4.., t f , PARKING ONLY R99 (CA) If447 Proposed blue curb 4t1z._, disabled persons • - ' parking space BUt.IRY FT'3L.A1114501 7:717 L., DEUXSTREET, • 7'. ( 1112"4.: A. tr. Cirl • - 4 .17 " • if -r CO 0 o.) 0 CO 918 Delta Street 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) 132 of 308 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. 133 of 308 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. 134 of 308 (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 135 of 308 RESOLUTION NO. 2019 -- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE LOCATED ON 918 DELTA STREET WHEREAS, the resident of 918 Delta Street possess a valid Disabled Person Placard from the State of California Department of Motor Vehicles and has requested a blue curb disabled persons parking space in front of the residence to provide easier access to the house; and WHEREAS, after conducting an inspection and review, staff determined that the property qualifies for a blue curb disabled persons parking space pursuant to the City Council Disabled Persons Parking Policy; and WHEREAS, on December 12, 2018, the Traffic Safety Committee determined that all conditions have been met for the property to qualify for a blue curb handicap parking space and 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. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of a blue curb disabled persons parking space with signage in front of the residence at 918 Delta Street. PASSED and ADOPTED this 5th day of February, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 136 of 308 CC/CDC-HA Agenda 2/5/2019 — Page 137 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. 137 of 308 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 138 of 308 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. 139 of 308 r :Ivir Y 0 0 W 0 0 Location Map with Proposed Enhancements (TSC Item: 2018-39) The slope of Manchester St. is 9% 22' of proposed red curb "No Parking" North side driveway 3433 Eleanor Place Eleanor Place 9 South side driveway Existing ped-ramp 40' of proposed red curb "No Parking" 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. 141 of 308 EXHIBITS: 1. Public Request 2. Public Notice 3, Location Map 4. Photos 2017-39 142 of 308 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: 143 of 308 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 144 of 308 Location Map woth Proposed Enhancements (TSC item: 2918-39) 22' of proposed red curb "No Parking" North side driveway 3433 Eleanor Place Eleanor Place 01 0 co 0 co 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) 146 of 308 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) 147 of 308 RESOLUTION NO. 2019 — 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 WHEREAS, 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; and WHEREAS, staff verified that when vehicles on Manchester Street park close to the intersection, visibility for the vehicles exiting from Eleanor Street onto Manchester Street is partially obstructed; and WHEREAS, staff recommends the following improvements to provide better visibility and safety for the vehicles exiting from Eleanor Place onto Manchester Street: 1. Installation of 22 feet of red curb "No Parking" on the south side of Manchester Street, west of Eleanor Place; 2. Installation of 40 feet of red curb "No -Parking" on the west side of Eleanor Place, south of Manchester Street; and WHEREAS, at its meeting on December 12, 2018, the Traffic Safety Committee unanimously approved staff's recommendation set forth above. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of the following traffic safety enhancements: 1. Installation of 22 feet of red curb "No Parking" on the south side of Manchester Street, west of Eleanor Place; and 2. Installation of 40 feet of red curb "No -Parking" on the west side e of Eleanor Place, south of Manchester Street. PASSED and ADOPTED this 5th day of February, 2019. Alejandro Sotelo-Solis, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Angil P. Morris -Jones City Attorney 148 of 308 CC/CDC-HA Agenda 2/5/2019 — Page 149 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. 149 of 308 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. 150 of 308 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 f7 Dn-1 C' 9l D Event Times Set -Up Starts / Date /cC/J / Time `01) an9Day of Week G nd Event Starts DateTime 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/cf)) 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 r iars,csn') r) 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: 1 151 of 308 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: 152 of 308 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 lrs0/)/>ci c.S '1 Qn loo o )Ue '4" U kts e' G ten); gave fk� a//<;e coin m ;r l-, ®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): 04'110 R17one: !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 153 of 308 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 154 of 308 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 155 of 308 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 6 156 of 308 ❑ Y , 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 No ❑ es, we will post signage # Dimensions 41 Ay I. (complete Inflatable Signage Request form) Yes we 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 Guic)2.hcok 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 _Crre 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 157 of 308 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 -the -event. ® # of breakdown day(s) ❑ No, breakdown will occur on the event day. How are you handling clean-up? ❑ Using City crews ❑ Using volunteer clean-up crew during and after event. 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. 8 158 of 308 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 159 of 308 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 160 of 308 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 161 of 308 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: iilZ � Lairs_. Katya Quiroga — Phone: 702-466-4873 E-Mail: `irr,srozazzrm 12 162 of 308 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 13 163 of 308 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. 14 164 of 308 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 15 165 of 308 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 A; 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 16 166 of 308 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: Tir, r arrAwsraLT,aszt.,, .,,, Katya Quiroga — Phone: 702-466-4873 E-Mail: r 2 @irtrc rar.i alszo m 17 167 of 308 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 18 168 of 308 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 19 169 of 308 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 20 170 of 308 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 21 171 of 308 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 9t 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 22 172 of 308 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: Ucsrparrulsvracarun Katya Quiroga — Phone: 702-466-4873 E-Mail.' resrr tv rr�T s.. rn 23 173 of 308 Circus Vargas 2019 Event Packet San Diego (Westfield Plaza Bonita, National City) A(CESSIBLITY SHIFT — Ewa s A .513vg,..tr.,[rx -7./am. lass ‘dagivg 'ScVliTM • r . - '''''---- - 1 _.....-.-- , ... IgRen.slataddon. . • ....,' e= 9Rowsalmtben. 1 Ein '• - .17 .... . iacaleai • 3•%',.. Area Matted AS ARMICI-Cearing :are Iruckri plastic chairs r Arra Ntarked as Bleacher. are Ettazehr. Stares acrzw_a:-.3 fats Zed& aff z77-.,:ras zwf twa_ Maim are fzur liarlf:sr-am,ri Seating ,un aa-traee..at / Pubic Entrance 0.2:12TkPal=t Sa-gra ur;lit 3 s....,a=ms PT.Wer aaa.a xtan:es-At-ea U., a ge,irraltsr Slat '1-1-in-; fluirt euuurse pr,211,er. :Le:a-4s sC ersmr-Ak 3N,zmraateui taLl; Ear.F1 S5Ajn 31. Ta-t .z3±1 1--F744 r-rrat3e Eel Msmm =.4177uumaimalerl egrems surrsms attar tu z,r,evatu at rairraZiaz Titi3P11.11- zteJ -PaY: temant- a Scrat-mg Capacity 1,25,23 lamemIllte PPa+tvr.orra, UNE Aiilf•uu0 nod '4.nanta,Otaialin, 10" luta, ,n CaVia."-11 =.e•A'ra t,...1dES T eta teal =1! ars am a - • sa4L,1 a grIktifr.,,r.-', - absnue Irrre3 must : " r-iea tha. 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 24 174 of 308 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 PubTic E73trance 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 ®in 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. 25 175 of 308 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 embodier Primary Generator 41 400 amp Stand-BviBad--Up Generator i.2 400 amp 12,17 "DB" Fri<ettegP0o1SbioPurer ErntrThutfim rdt0:t 206t 2©IFt nun yutfeet " rand n . JYoul "TM" Shore Dist 'naBnur Electric Box #1 - T20l20'$ v Used for Show Lights and Sound Box 01 hen one 20-amp, two 50-emp and ateewt.0amp Plena breakers. T50 amp main b,mkor_ Outlets eaten =fat thwarted Iime:BOK attached tonlitromer Pmnrl"E'., Tams Center Ring Performance Area Boxes #2. and n3 each have five 50-amp, one 20-amp- and eteven.30-amp ptugsbreakers. 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 LVILIN tGESIENT SLR\ GEMEIT ❑ ❑'. RES ROQ'OES ❑❑ ❑ TRUCK TRUCK a/'Panrt'•C'•'—itt,feCL._ P:tuel—Cl" f+' ' lR9mpmlbnaie¢.!OM �. '4� t . 1 a Ground Rod #1 Ground rods Inhe minimal' of 6 feel apart from eac]ather ' tiv[e Gtmeodorsare inbpecul:ar:mflitte m.,uud1 saheb rebtos--ego- No 10etler `.St'.itea Pumice ice Purn10C3° Fend Trdtcr Rox 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 Recep tadcs. With a fail draw of electricity, generator #L operates at 50% of :allacih :cntl, generator-47 operates at7Z% of capacity Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail:tgukm>;s+tElGv..istc Katya Quiroga — Phone: 702-466-4873 E-Mail- fln[som�oraras-r[sarm 26 176 of 308 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:.1i t yart c ?i.i 's ki dr•:!'`4 a i.`sr) tri't its ,i i lorause ti►lsr er it tticourreir a",.:+fit 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 27 177 of 308 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 2 8 1 78 of 308 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 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 29 179 of 308 4 Circus Vargas 2019 Event Packet San Diego (Westfield Plaza Bonita, National City) Certified Crowd Control Manager ficae u ii to certi Mat Andrea Bach(iyski fiats completed t3ie. CQU cW tsssLed_ Ikerrember 5. aria Expina. vieTtber5.2 1 Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: ':raurwarm Katya Quiroga — Phone: 702-466-4873 E-Mail: kV")-= =.#7-nrifyrusyratrigaszomm 180 of 308 Circus Vargas 2019 Event Packet San Diego (Westfield Plaza Bonita, National City) Certified Crowd Control Manager CC! 11 /7 Ca te Of (74cli iL(Cfl1(71 'MS i 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 31 181 of 308 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 32 182 of 308 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. 33 183 of 308 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 34 184 of 308 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). 35 185 of 308 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. 36 186 of 308 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 37 187 of 308 CC/CDC-HA Agenda 2/5/2019 — Page 188 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. 188 of 308 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 RA of q()f 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 1/4 190 of 308 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 2/4 191 of 308 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 3/4 192 of 308 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 4/4 193 of 308 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 308 CC/CDC-HA Agenda 2/5/2019 — Page 195 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. 195 of 308 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 05, 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 DEPARTMENT: Finance / PHONE: 619-336-4572 APPROVED BY: EXPLANATION: 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: APPROVED: Li'*/Q Xa FINANCE ACCOUNT NO. APPROVED: MIS Warrant total $254,690.25. 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 # 26 196 of 308 --a 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 1/1 197 of 308 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 308 CC/CDC-HA Agenda 2/5/2019 — Page 199 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. 199 of 308 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 05, 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 PHONE: 619-336-4572 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 DEPARTMENT: Finance APPROVED BY: No Warrants Over $50,000.00 processed The period of 12/26/18 through 01/01/19 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $2,061,417.86. APPROVED: `-01a4 ,Gat 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 $2,061,417.86 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 27 200 of 308 CALIFORNIA T IIONAL envy r 11 CORPOP.AT>✓p WARRANT REGISTER # 27 1/1/2019 PAYEE DESCRIPTION SECTION 8 HAPS PAYROLL Pay period 27 NO WARRANTS ISSUED ON THE WEEK OF 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 CHK NO DATE AMOUNT A/P Total 0.00 948,342.50 1,113,075.36 GRAND TOTAL $2,061,417.86 1/1 201 of 308 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 202 of 308 CC/CDC-HA Agenda 2/5/2019 — Page 203 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. 203 of 308 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 5, 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 DEPARTMENT: Planning. PHONE: 619-336-4313 I 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. I I 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, Tentative Subdivision Map. Vote: Ayes — Baca, DelaPaz, Garcia, Sendt, Quintero, Yamane Noes: Flores and 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 204 of 308 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 Tots into one and develop the site with a 29-unit residential condominium project. The site includes the westerly half of the vacated portion of "M" Avenue adjacent to the east of the properties. In order to build this type of project, the existing single-family zoning needs to be changed to a multi -family land use and zone. 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 1 205 of 308 The General Plan Amendment and Tentative Subdivision Map were also on the January 22, 2019 meeting agenda as a public hearing, but were continued so that the draft Resolution could be amended to reflect all necessary information. At the hearing there was discussion on the companion items related to the preservation of the San Diego Ambrosia on site. As mentioned in the Mitigation Monitoring and Reporting Program (MMRP) that is part of the certified MND, the Department of Fish and Game (DFW) consider the San Diego Ambrosia a high -profile sensitive species. Project conditions require mitigation in the form of salvage and transplantation. This is due to the rarity of the species and the need to avoid further loss. By remaining in a developed area, the chances of survival are reduced. However, recommended conditions of approval include the request from City Council that existing specimens of San Diego Ambrosia on site be preserved to the extent possible afforded by DFW requirements. Site Characteristics The project site is comprised of nine existing single-family lots, all of which are vacant, and 451 feet of the half width (30 feet) of "M" Avenue to the east, which has now been vacated. The whole project area is approximately 74,500 square feet in size, or roughly 1.7 acres, and is undeveloped. The area slopes down from East 16th Street to South Bay Plaza (south to north) and from west to east, to form a rough valley shape. There is an existing single-family neighborhood to the west, which is located atop and behind a large hill; there is an existing mixed -density neighborhood of duplexes and triplexes located across East 16th Street to the south; South Bay Plaza is located to the north, beyond an existing grove of trees at the bottom of the valley area; the National School District offices and bus yard is located to the east, on the other side of the vacated "M" Avenue. The street was considered a "paper street" (the street was shown on the Assessor's Parcel Map but was not developed as a street). The property to be developed has a current land use designation of Low -Medium Density Residential, which allows up to nine units per acre. The current zoning designation is RS-2, which generally allows one single-family residence per lot. Proposal The applicant wishes to construct a 29-unit multi -family residential development on the site. The project consists of nine buildings and 75 parking spaces (45 garage and 29 open), along with required open space. The project would be a condominium project with each unit owned individually and the property being jointly owned by the 29 potential owners. 2 206 of 308 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. 3 207 of 308 General Plan If amended, the Land Use designation for this property will be Medium Density Residential, which has a maximum density range of 9 to 23 units per acre. In this case, the project is at a proposed density of 17 units per acre, within the allowable range. There are several General Plan Policies that are pertinent to this proposal, specifically: Policy LU-2.3: Provide for a variety of housing types including, but not limited to, single-family attached and detached, multifamily apartments, condominiums, and mobile homes. Policy LU 4.3: Promote infill development, redevelopment, rehabilitation, and reuse efforts that contribute positively to existing neighborhoods and surrounding areas. Policy LU-7.1: Establish incentives to promote the use and development of vacant infill parcels and the intensification of land uses on underutilized parcels to realize the greatest benefit to the community. The area is vacant and prime for development. Having a comprehensive residential project in this area will contribute to the City's housing needs. The area is not homogenous in nature with regard to residential housing types — there are single-family residences on larger lots located to the west, with a mix of medium to higher -density properties to the south across East 1 6th Street; these lots are developed with everything from duplexes, to triplexes, to apartments. Housing Element • The nine lots adjacent to "M" Avenue were originally subdivided from one large property in 2000. The area has remained vacant ever since. Merging the parcels and adding half of the vacated street to the east would increase the potential of the property. The resultant property size and configuration would be better able to provide a mix of housing that is consistent with the needs of the Housing Element, which focuses on (among other things): • Matching housing supply with need • Maximizing housing choice throughout the community Land Use Code (LUC) The RM-1 zone allows for up to 23 units per acre. The proposed project has a density of approximately 17 units per acre. In the case of a 1.7-acre project area, the maximum allowable number of units would be 39. However, the applicant is limiting the project to 4 208 of 308 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: 5 209 of 308 • Private open space — 60 square feet per unit o Excess private open space may count toward common open space requirements (each square -foot of excess counts as two square feet of common open space) • Common open space O 300 square feet per unit (up to 200 square feet may consist of excess private open space) The applicant is proposing the following mix of open space: Open Space Open space required Open space provided Private 1,740 4,500 (+2,760)* Common 8,700 9,120 (3,600 + 5,520*) The numbers in the table above are all areas that are provided on site. The bio- retention area and walkway area is also considered common open space and is more than 13,500 square feet in size. This area also acts a visual buffer, both for project residents and adjacent uses. Parking/Circulation Parking for multi -unit residential projects is required as follows: • Studio or one- bedroom units — 1.3 spaces per unit • Two or more'bedrooms — 1.5 spaces per unit • Guest parking o First 20 units — half a space per unit o Over 20 — quarter space per unit The applicant is proposing the following mix of units: Resident parking Spaces required Spaces provided 2 bedrooms (29) 44 47 Guest parking 13 13 Total parking 57 60 Parking has been provided in excess of the required amount. While not required, all but four of the units have private garages. Of the 25 units with garages, nine have two -car garages and 16 have one -car garages. Enough surface spaces are provided to afford 6 210 of 308 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 less than the 23 units per acre allowed in the Medium -Density Multi -Unit Residential (RM- 1) zone, and the proposed infill development increases the available housing units in the City. 4. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 7 211 of 308 The property is surrounded by urban development and there are no bodies of water present on -site. While there is plant habitat on site in the form of native and non-native grassland, San Diego Ambrosia, and onsite drainage, the Mitigated Negative Declaration for this project provides for mitigation that will reduce potential impacts to a level of Tess than significance. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems. The property is currently vacant and surrounded by existing urban development. In addition, the land use and zoning designations as proposed allow for the density requested, which has been analyzed as part of the Mitigated Negative Declaration associated with this project. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. No such easements exist or would be affected by the proposed development. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. The project is required to install sewerage systems that meet current requirements for sewage disposal by the Conditions of Approval of this permit. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. The project will provide twenty-nine new homeownership opportunities, which is consistent with and encouraged by the City's Housing Element. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration 8 212 of 308 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 9 213 of 308 measures contained in the MMRP attached to the MND are included as conditions of approval. Summary The subject property is vacant and prime for development. In order for the applicant to be able to develop the property in a comprehensive and efficient manner, the zoning needs to be changed. The existing Tots are large and it is generally not economically feasible to develop all nine lots together in a manner beneficial to both the developer and the City. Changing the land use and zoning would allow for a quality development that is closer to the average density of nearby residential areas. The proposed development meets three General Plan Policies related to Land Use and is also consistent with the City's Housing Element. In addition, the proposed project would be consistent with all requirements for architectural design, landscaping, open space, and on -site parking. Options 1. Approve 2017-04 GPA, S subject to the attached conditions of approval, based on the attached findings or findings to be determined by the City Council; or 2. Deny 2017-04 GPA, S based on the attached findings or findings to be determined by the City Council; or, 3. Continue the item to a later date in order to obtain additional information. 10 214 of 308 RECOMMENDED FINDING FOR APPROVAL OF THE GENERAL PLAN AMENDMENT 2017-04 GPA — 16th & "M" Avenue 557-351-17 through 25 1 The proposed development is consistent with General Plan Land Use Policies LU- 2.3, LU 4.3, and LU-7.1, because the area is vacant and prime for development. Having a comprehensive residential project in this area will contribute to the City's housing needs. The area is not homogenous in nature with regard to residential housing types — there are single-family residences on larger lots located to the west, with a mix of medium to higher -density properties to the south across East 16th Street. These lots are developed with everything from duplexes, to triplexes, to apartments. RECOMMENDED FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 2017-04 S — 16th & "M" Avenue 557-351-17 through 25 1. The proposed map is consistent with the National City General Plan and applicable specific plans, because the project is in compliance with all required density and zoning requirements, provides additional home ownership opportunities consistent with the General Plan and Housing Element, and meets all requirements of the Subdivision Ordinance (NCMC Title 17), including minimum lot size and dimension. There are no specific plans in the area. 2. The site is physically suitable for the proposed type of development, because the 1.7-acre property can accommodate the requested number of units within the limits for density and lot coverage established by the General Plan and Land Use Code. 3. The site is physically suitable for the proposed density of development, because the proposed multi -family residential development, at a density of 17 units per acre, is less than the 23 units per acre allowed in the Medium -Density Multi -Unit Residential (RM-1) zone, and the proposed infill development increases the available housing units in the City. 4. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or ATTACHMENT 2 11 215 of 308 wildlife or their habitat, because the property is surrounded by urban development and there are no bodies of water present on -site. While there is plant habitat on site in the form of native and non-native grassland, San Diego Ambrosia, and onsite drainage, the Mitigated Negative Declaration for this project provides for mitigation that will reduce potential impacts to a level of less than significance. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, because the property is currently vacant and surrounded by existing urban development. In addition, the land use and zoning designations as proposed allow for the density requested, which has been analyzed as part of the Mitigated Negative Declaration associated with this project. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, because no such easements exist or would be affected by the proposed development. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6, because the project is required to install sewerage systems that meet current requirements for sewage disposal by the Conditions of Approval of this permit. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources, the project will provide twenty-nine new homeownership opportunities, which is consistent with and encouraged by the City's Housing Element. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage, because the landscape plan submitted as part of the proposal provides in excess of the required common open space area for such developments. All new construction proposed will be in compliance with the California Building Code, which takes such factors in to consideration. 12 216 of 308 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. 13 217 of 308 RECOMMENDED CONDITIONS OF APPROVAL 2017-04 GPA, ZC, S, IS — 16th & "M" Avenue 557-351-17 through 25 General 1. This Tentative Subdivision Map authorizes a 29-unit residential condominium project located northwest of the intersection of East 16th Street and the former "M" Avenue right-of-way. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibits A and B, Case File No. 2017-04 GPA, ZC, S, IS, dated 6/18/2018). 2. The General Plan Amendment, Zone Change, and Tentative Subdivision Map shall not become effective until the Mitigated Negative Declaration associated with the project has been certified and the Notice of Determination filed. 3. This Tentative Subdivision Map shall not become effective until the General Plan Amendment and Zone Change have been approved. 4. Before the General Plan Amendment, Zone Change, and Tentative Subdivision Map shall become effective, the applicant and/or the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the General Plan Amendment, Zone Change, and Tentative Subdivision Map. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the General Plan Amendment, Zone Change, and Tentative Subdivision Map are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the City Manager or assign prior to recordation. 5. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk. The current fee to record the Notice of Determination for a Mitigated Negative Declaration is $2,280.25, but may be subject to change. ATTACHMENT 3 14 218 of 308 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.AII 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, 15 219 of 308 its successors or assigns, shall be remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 13. Metallic identification tape shall be placed between the bottom layer of the finished surface and the top of all irrigation lines in the public right-of-way. 14.A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A check list for preparation of the grading plan/drainage plan is available at the Engineering Department. 15.AII existing and proposed curb inlet on property shall be provided with a "No Dumping" signage in accordance with the NPDES program. 16.A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of- way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 17. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 18.A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base: The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. 16 220 of 308 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.AII 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. Alt 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. 17 221 of 308 30.The developer shall submit to the Fire Department a letter from Sweetwater Authority stating existing fire flow. If determined by the Fire Department that additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Sweetwater Authority prior to obtaining the final map approval. 31. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 32. SUSMP documentation, as necessary, must be submitted and approved. 33. The final map shall be recorded prior to issuance of any building permit. 34.AII new property line survey monuments shall be set on private property, unless otherwise approved. 35. The parcel map/final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. Fire 36. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA), and the current edition of the California Code of Regulations at the time of plan submittal. 37. Fire apparatus access roads shall comply with the requirements of this section (CFC 2016 Edition - Section 503.1.1) and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. This comment shall apply to new residential structures. 38.The required width of emergency fire apparatus access roads shall not be obstructed in any manner, including parking of vehicles. All access roads shall be no Tess than 20 feet wide, no less than 14 feet high and shall have an all-weather road with the ability to support 75 thousand pounds or greater. Where a fire hydrant is located on a fire apparatus road, the minimum road width shall be 26 feet. A 28 foot turning radius is required for fire department access through site. All fire department access roads shall be painted and signed to prevent parking in these required designated emergency areas. 18 222 of 308 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 O 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 19 223 of 308 surrounding uses, balconies and porches, adequate disposal facilities, minimum amount of laundry facilities, and adequate storage space. 49. Plans submitted for construction shall include a landscape and irrigation plan in compliance with Land Use Code Chapter 18.44 (Landscaping), including Section 18.44.190, related to water efficient landscape requirements. The landscaping required by this approval shall be maintained for the life of the project. 50. If any cultural resources are found during grading or construction, work is to stop and the lead agency and a qualified archaeologist be consulted to determine the importance of the find and its appropriate management. In the event of the accidental discovery or recognition of any human remains during construction, the applicant is required take all appropriate steps as required by relevant federal, state, and local laws. 51. All trash enclosures shall be in compliance with Municipal Code Title 7, Section 7.10.080 (Enclosures required), including the use of flame retardant materials. 52.All site and project lighting shall in compliance with Municipal Code Title 18.46 (Outdoor lighting). 53. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of parking areas, walks, buildings, utilities and open spaces prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 54.A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 55.Impacts to native and non-native grasslands shall be mitigated off site. Impacts to native grasslands (e.g., grasslands having at least 10% native cover) shall be mitigated at a minimum of 2: 1 and non-native grasslands be mitigated at a 1: 1 ratio. 20 224 of 308 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 Tong -term funding mechanism. The translocation receptor site should have Tong -term conservation value, be contiguous with other large, conserved tracts of land, and be managed and protected in perpetuity. The translocation plan should be submitted for review and approval by the Department of Fish & Wildlife prior to the onset of project impacts. 57.The onsite drainage is considered as Freshwater Emergent Wetland, which qualifies as jurisdictional wetlands/waters. State and federal permitting to allow this drainage to be impacted will be required by the US Army Corps of Engineers, San Diego Regional Water Quality Control Board, and California Department of Fish and Wildlife. All required permits or related authorizations for the project related to impacting wetlands/waters are a condition of project approval and will need to be secured prior to any development activities taking place. 58. The landscape design and planting palette shall use native plants to the greatest extent feasible in landscaped areas. The Project applicant shall not plant, seed, or otherwise introduce invasive exotic plant species to landscaped areas adjacent and/or near native habitat areas. Exotic plant species not to be used include those species listed on the California Invasive Plant Council's (Cal-IPC) Invasive Plant Inventory. This list includes (but is not limited to) the following: pepper trees, pampas grass, fountain grass, ice plant, myoporum, black locust, capeweed, tree of heaven, periwinkle, sweet alyssum, English ivy, French broom, Scotch broom, and Spanish broom. 59. In order to prevent potential impacts regarding the spread of invasive species during vegetation clearing activities, prior to any such work being undertaken all new equipment introduced to the project area shall be cleaned, and all equipment shall be maintained daily. Additional techniques for minimizing the spread of invasive plant species during construction activities can be found at https://www.cal ipc.org/solutions/ prevention/. 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. 21 225 of 308 Sweetwater Authority 61. Water service must be provided from an Authority owned water main located within the public right-of-way or an Authority owned easement. Following vacation of the undeveloped portion of "M" Avenue, all water to serve the site shall be required to be obtained from an existing 16-inch PVC water main located within the right-of-way on East 16th Street. 62.The Final Map shall be submitted to the Authority for its review and comments prior to recordation. 22 226 of 308 — Overhead 1 Co co C N O. V' 0 c\I ATTACF 2 3 NT 4 227 of 308 Site Photos — 2017-04 GPA, ZC, S, IS — East 16th Street & "M" Avenue Looking north from East 16th Street Looking northwest from East 16th Street ATTAC'2"4'ENT 5 228 of 308 229 of 308 FIRST FLOOR CITY VILLAGE FLOOR PLAN 1 6'" STREET, NATIONAL CITY' ATTACHMENT 6 ADDRESS 1 EON M AVE NATIONAL CITY GA 919- 6065 RH-1 1 6th STREET LOOKING NORTH fHImo( HG H .4 UT 1 11 I U4 316 ul0 1.115 NC — • L ?: SITE PLAN SALE I'. 20.0 CITY VILLAGE 15 A 51401111116 OF 29 THREE BEDROOM TWO ANDS BATHS TWO STORY TO W NHOME5. FOR 6105T UNITS THERE ARE INDIVIDUAL ENTRY'S. ONE OR TWO GAR GARAGES, AND PRVATE PATIOS AND BALCONIES. THE BUILDING MASSING, SUGGESTS ELEMENTS FOR THE AREAS EARLY SPANISH HERITAGE. A GATED COMMUNITY IN A SUBURBAN SETTING. PROVIDING BOTH SAFETY ALONG P4TH COMMON USE AREAS FOR GROWING FAMILIES. ABUNDANT LANDSCAPING PROVIDES MINIMAL VISUAL IMPACT TOWARD THE SURROUN01N6 AREAS. UTAYND. TYPE IIZEf5F1 PARNVI6 5TZ1.€_ _ PRIMATE SPACE (Sri 2 A 1430 ]ATTACHED TOWNHOUSE 1005P5ALOONY 1 205F PATIO Al 1490 1 ATTACHED TOWNHOUSE 1005E BALCONY 1 CARPORT 0 1446 2ATTACHED TOWNHOUSE 1005F BALCONY 1005E PATIO 51 1446 1ATAACHED TOWNHOUSE 1005E BALCONY 2 C 1200 2CARPORT MAT 1205E PA110 4 0 1450 1ATTACHED TOWNHOUSE 2005F BALLONY 1 CARPORT E 1446 1TTTACHEO TOWNHOUSE 1205E BALCONY 1 CARPORT F 1450 1TTTACHE0 TOWNHOUSE 1205E BALCONY 1 CARPORT 2205F PATIO 2 6 1450 2ATTACHED TOWNHOUSE 1205F BALCONY 2205P PATIO 2 61 1450 1ATAACHEO TOWNHOUSE 1205E BALCONY 1 CARPORT 2205F PATIO 24 TOTAL AREA CALCULATIONS PRIVATE SPACE RECMRED 24 UNITS x605F• 11405F PRIVATE SPACESHOWN 45005F COMMON SPACE REQURED 29 UNITS 43009F. 51005F COMMON SPACE PROVIDE ON SITE(3 AREAS x 1200 SF- 36005F DIFFERENCE 5 1003F EXCESS PRIVATE SPACE 45005F- 11405E - 21605E EXCESS PRIVATE SUBSTITUTED FOR COM140N51./21605F x 2 • 55245F LARGER THAN 5I005F PARx:INGREOUIREO: 14 x1.55PACES PER UNIT •445PACE5 GUESTPARIUN6 REQUIRED .5 SPACES FORPIRSTIO UNITS • 10 .25 FOR 21-24 • 3 TOTAL REQUIRED PARKING5PACES - 515PAGE5 TOTAL PARKW6 SPACES ON SITE . 60 SPACES ROOF MATERIALS T - - EFF F ^ CITY VILLAGE 1 b " STREET, NATIONAL CITY GGRdesigns .10/3,E91-1ERAI-OAS DM, HEe. 66.1,6E36H6com I6T45L 0eL GW v6e4e D.10,.11 Ica' N 230 of 308 r,t; niwor,. .40 ' 'ROPOSga 21/TIC ENHAiICED COLORED AND -STAMPED CONCRETE, iED MAN GATE-1 , GROUNDCOVER, TYPICAL ILL'A LL17c: HI .5 .4.4.5E! BACK > ; -X; < ; I • • ! I STRET : TREES, ' TYPICAL 1 HYDRANT •OCATION PROFGEL-1 VERTCAL. -. sE ,,,Eq MAN .. GARAGE ,,,m:Locumiciaii'--- . ,... ROWS, :,,,r. -SHRUB, , _ _ _ __-•.-_-'Z -TYPICAL TYPICAL , - -__ ) - • ‘5, ,, .. . ... . . .. .. . . . _ . . . . . . ... , • L. . FLOWERING TYPICAL . 5' HEIGHT WOOD OR • VINYL FENCE TYPICAL T 3 2 CAR .3.31N izArAfi- VE810L!L I a 7.7.; - -REMOVE EXINEWW_EHICIAAR FENCE ANDIRBERAMP WITH BLACK CHAIN LINK AND GATE LANDSCAPE CONCEPT PLAN PROPOSED RETAINING WALLS,ITYPICAL 6 UN! 87.5 LAWN TYPICAL -"In348k* IL A 4, • ta„ * !!' NEW 8WIDE CONCRETE OR D.G. PATH AND RAMPS UNIT IC MEDIUM FLOWERING SHRUB, TYPICAL MEDIUM FLOWERING SHRUB, TYPICAL 1J\IT 14 NTION' _•BlOIRETENTI-ON VIAREASRIANTED WITH GRASSES, TYPICAL SEE SECTION BELOW ACC SHRUBS, - TYPICAL i 'LANDING BBQ AREA WITH SMALL TABLES AND FLOWERING SHADE TREES, TYPICAL STRUCTURE SEE ELEVATIONS BELOW PRGPO.S.rC -1 • '''EVERGREEN eANOPY TYPICAL ly,IEDIUM,ACCENT SHKUES, TYPICAL ''SMALL ACCENT PLANT, TYPICAL g.,1v11_11.46L6CL, i HYDRANT LOCATION BIKE RACK ENHAtsIcED:COL,Op .9% AND -STAMPED CONCRETET TYPICAL- V . Ne•wilw:11 4. . • . • . . • • • **W.*** ••• ••••• 441 . 1 11111111,1e7"*" ...,..,;! " • • •-•-• • • 1.••••-011.141• ill. It* 44,04 • "'WV " '‘,4.1, • it ,,,,4 ?WM • •-••••‘,11••• 'ilk .."': . -. .r..! - . H.... -"siktaWilAt&k,' ILLY' i-.31.?!..4.-"•:....\::::".... tk !IIP• : !--,s,,:outTE•vr.Y.;5 A LRLA TEO upt.4.3.-TF5 la! L VINES, TYPICAL 9.0.17.7 1- LAWN, 1-ilrfe89”‘Al 77,10' (-5 a.••• .r-s .-• •°°11AAggn::::: • *.•• • • 11•1.• VIM*, • '11414.5r ..."•••••••• "•••15 • •P4.•••••••••,:•.:4 41,••••11.••••• 4•01k•••••1111. 1.4 4N-WirWAW4..!? nixtdcMW.-Mt &We '-.. 11NI)IN(.7-; CD .oSHACIEHOW10.0011kaltiriAnfill111•11••••••••1•1•11.111•01madaiiRurnii••••40.•100.1mamo STRUCTURE WITH : ,pgiO4' TABLES AND 310 RE TEN TiOrr"'"'"''''''-1 0 i BENCHES, SEE AREA PLANTE i SCREENING w ! SECTION BELOW Sio/ GRASSES - TREES, TYPICAL w L 1 sCALE r= 6.-0- PLANTING NOTES 1. THE PLANTING PLANS ARE DIAGRAMMATIC. MINOR ADJUSTMENTS IN PLANT LOCATIONS AND TYPE MAY BE MADE AT THE DISCRETION OF THE LANDSCAPE ARCHITECT. 2. ALL PLANT MATERIAL SHALL. BE SUBJECT TO THE APPROVAL OF THE LANDSCAPE ARCHITECT AND REPLACED UPON REQUEST BEFORE OR AFTER THE PLANTING. 3. THE LANDSCAPE CONTRACTOR 00LL COORDINATE HIS WORK WITH THE OTHER TRADES AND MAINTAIN DRAINAGE DURING CONSTRUCTION. 4. PLANT QUAN11TIES AND AREAS SHOWN ON LEGENDS ARE FOR CONTRACTORS CONVENIENCE IN ESTIMATING ONLY. CONTRACTOR IS RESPONSIBLE FOR PROVIDING PLANT MATERIALS TO COVER ALL AREAS AS SHOWN ON PLANS. 5. SLOPE ALL PLANTING AREAS AWAY FROM BUILDING AT 2% MINIMUM FOR 5 FEET MINIMUM, WHERE APPLICABLE 6. LANDSCAPE ARCHLTECT SHALL APPROVE FINAL PLACEMENT OF ALL TREES, SHRUBS. AND VINES PRIOR TO PLANTING. 7_ TREE AND SHRUB PITS 5 GALLONS AND SMALLER SHALL BE TWO TIMES ROOTBALL DIAMETER WIDE AND 1-1J2 TIMES CONTAINER DEPTH. 8. TREE AND SHRUB PITS 15 GALLONS AND LARGER SHALL BE TWO TIMES ROOTBALL DIAMETER WIDE AND 1" LESS THAN CONTAINER DEPTH. 9. TREE STAKING SHALL BE DONE ONLY IF ESSENTIAL AND REQUIRED BY THE LANDSCAPE ARCHITECT_ TREES THAT CANNOT STAND WITHOUT THE NURSERY STAKE SHALL BE REJECTED. CONTRACTOR SHALL BE RESPONSIBLE FOR THE TREES STABILITY DURING THE LENGTH OF THE GUARANTEE PERIOD. ALL STAKING AND GUYING MATERIALS SHALL BE REMOVED AT THE END OF THE 1-YEAR TREE GUARANTEE PERIOD. 10. 00 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 ELY LANDSCAPE ARCHITECT, AND RECOMMENDED AMENDMENTS SHALL BE USED FOR ACTUAL INSTALLATION. 100 LBS. OF GYPSUM PER MOO SO. FT. 70 LBS. OF TRI-C (6-2-4 VW 5% SULFUR) PER Oao 50. FT 8 LBS. OF IRON SULFATE PER 1000 SQ. FT 25 LBS. OF SOIL SULFUR PER 1000 SQ. FT. 5 CUBIC YARDS OF NITROUZED ORGANIC AMENDMENT PER 1000 SCL FT. (SEE NOTE 16) 12. AMENDED SOIL SHALL BE ROTOTILLED TO A DEPTH OF Ir. 13. NO IRON SULFATE SHALL COME IN CONTACT WITH ANY MASONRY SURFACE. 14. NITROLIZED ORGANIC AMENDMENT SHALL BE HUM IC COMPOST FROM AGRI-SERVICE, LOAMEX"., OR APPROVED EQUAL 15. A PLANTING SACKRLL MIX FOR ALL CONTAINER PLANTS EXCEPT FERNS, AZALEAS, CAMELIJAS, WISTERLA, JASMINUM, OPHIOPOGON HIBBERTIAS, TRACHELOSPERMUM, ESCALLONIA, LIRIOPE, BEGONIAS, IMPATIENS, CUVIAS, ROSES, OR AS NOTED IN PLAN. SHALL CONSIST OF 1/3 NITROLI7_EC ORGANIC AMENDMENT AND 2/3 EXISTING SOIL, PLUS 2-1/2 U3S. OF SOIL SULFUR, 2 LBS. 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, CAMELLIAS, WISTERIA, JASMINUM, OPHIOPOGON. HIBBERTIAS, TRACHELOSPERMUM, ESCALLONIA, LIRIOPE, BEGONIAS, IMPATIENS. CLNIAS. AND ROSES, SHALL CONSIST OF 113 EXISTING SOIL, 1/3 NITROLIZEO ORGANIC AMENDMENT ANC V3 THOROUGHLY WETTED PEATMOSS. AND OTHER AMENDMENTs NOTED IN 17A, MIXED TO A UNIFORM PLANTING MEDIUM, AND WATERED IN AFTER PLANTING. C. ALL PLANTED AREAS SHALL BE WATERED IN THOROUGHLY WITH SARVON.', PER MANUFACTURERS SPECIFICATIONS IN ADVANCE OF PLANTING. 0, ALL PLANTS SHALL BE WATERED THOROUGHLY WITH SUPERTHRIVE. WITHIN 1 HOUR OF PLANTING. ALL PLANTS 1-GALLON SIZE OR LARGER SHALL RECEIVE AGRIFORM 21-GRAM 20-10-5 FERTILIZER TABLETS AT THE RATES RECOMMENDED BY MANUFACTURER 16. ALL PLANTS INSTALLED FROM FLATS SHALL RECEIVE ONE AGRIFORM 5-GRAM 20-10-5 TABLET EACH, AND ALL 4" POTS SHALL RECEIVE TWO 5-DRAM TABLETS EACH. MEWL) WITH A HANDFUL OF PREPARED BACKFIU_ 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. AU. SHRUB PLANTING AREAS SHALL BE COVERED WITH A 3' DEEP LAYER OF SHREDDED FIR BARK, OR APPROVED ECIUALFASTENED 1NRH STAPLES FLUSH TO THE FABRIC TO PREVENT MOVEMENT. 20. IF THE SOIL TEST PREVIOUSLY MENTIONED SHOWS THAT PERMEABIUTY 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 SPECIFICATIONS FOR DETAILS. PROPOSED RETAINING WALLS. TYPICAL SECTION SCALE F.'41,0" BIO RETENTION AREAS PLANTED WITH GRASSES, TYPICAL SMALL FLOWERING TREES SCALEJL,Y.O. A D.G. AREA WITH HEADER AND BENCHES 0 BIO RETENTION WITH GRMS,E-S,T,ANS TYPICAL ' 1,/,/ GR.4ISSLS 0 9' 16' 32 PROPOSED SHADE STRUCTURE & PICNIC TABLES., 2643 4Ih Avenue San Dego CA 92103 phone 619.544.1977 cngelno@osotelo.ccm vivmusoleb.COM M STREET & 1 6TH AVENUE NIAT:C1IAL C,P(. CA CITY SUBNIIRAL 05.07.18 1ANDSCAPE CONCEPT PLAN SHEET [1.0 231 of 308 =IIMIMEMISEF2:124E=EnaiMi .PROF0.5.d.a- ,AA7IC GAMS • W D.1' Z71 . Li SETBACK • ?..:1 -Al • - HYDROZONE 2 • OW/MEDIUM-- ATER USE HRUGS LRIP pmGeirio, , X"a/ ^,.. -9/0744-YDRO-ZONiEf. •:. R'. 5" .1-E.I'E '... A .j S- -7, LOW WATER ' - im \\ WITH DRIP -",. IRRIGATION ---'•,. •"'-.F., Agegiatilif §ir - if•siffif111 vs.-4/ fkliflika&Nfrimi kft %limes!, 14.11 Free' hq. " 7.z/V /•"// ',AWN IEff If WOO" 1/f rim -.Imo, tte,,,vati i II 01 _ MA c;:/ -7.7 MEDIUM WATER USE TREES Min HYDROZONE 4 WUMISPECIAL, , , 'LANDSCAPE AREA - RECREATIONAL USE LAWN Il11 LIJLA111-01 riferNM7 liNf A ill WEN 1/ONS Aff";- 1" BINSINSSERVIN dilliffiEWSAWS7 Niateff ramar ;AVID; EMOT 71,7 Mr if taws, 1111111111 IA • 4 45,4, ,* - A.;:;:i**:;:g;:;10:;:wg "V";;;•;;";•:**,. CUPAMOPSIS ANACAROIOIDES PLATANUS ACER.IFOUVCOLUMBIA' PRUNUS CERABIFERA 'KRAMER VESUVIUS' OtANFILA TAMA BLUE' DIETES IRIDIODES GAL LANTAIYA SPREADING SUNSET 5 GAL LEF-, -TOSPERMUM RUBY GLOW RHAPHIOLEPIS UMBELLATA MINOR' SALVIA SANTA BARBARA WESTRINGIA FRUTICOSA 'GREY BOX CAREX DIVULSA CHONDROPETALUM TECTORUM JUNCOS PATENS LEYMUS CONDENSATUS 'CANYON PRINCE MYOPORUM PARVFOUUM 'PUTAH CREEK ROSMARINUS OFFICINALIVSAPPHIRE SPREADER CASSA BLUE FLAX LILY AFRICAN IRIS MESCAN FEATHER GRASS GIANT BRONZE NEW ZEALAND FLAX ICEE BLUE YELLOW -WOOD DWARF YEDDO HAWTHORN ER14,71Y-L--- 7 3 7 irmitizircivreinnew WS. Orr 11 44i ---7,HYDROZON SPECIAL LANDSCAPE AREA - EDIBL CITRUS GRO 7 2 5 111 wwiz1122,[107111M07/111ffibYffinifiAS MAXIMUM ALLOWABLE ALLOWABLE WATER ALLOWANCE (MAWA): (ETo) x (0.62) x [(ETAF x LA) + ((1-ETAF) x SLA)] (47) x (0.62) x [(0.55 x 16,511.60) + (0.45) x SLA 185276.90 = 185, 276.90 ESTIMATED TOTAL WATER USE (ETWU): (ETo) x (0.62) x ( [(PF x HA) / IE] + SLA ) HYDROZONE 1 LOW WATER USE SHRUBS WITH DRIP IRRIGATION (49.2) x (0.62) x ([(0.3 x 6,564.37) / .81] + 0 ) HYDROZONE 2 LOW/MEDIUM WATER USE SHRUBS IMTH DRIP IRRIGATION (49.2) x (0.62) x ( [(0.5 x 8,181.84) / .81] + 0 ) =100, 202.33 HYDROZONE 3 MEDIUM WATER USE TREES WITH BUBBLER IRRIGATION (49.2) x (0.62) x ( [(0.5 x 800) / .75] + 0 ) =9, 797.53 HYDROZONE 4 SPECIAL LANDSCAPE AREA- FtECREATIONAL USE LAWN (49.2) x (0.62) + 965.38 ) '777 HYDROZONE 5 - SPECIAL LANDSCAPE AREA - EDIBLE CITRUS GROVE (49.2) x (0.62) + 866.34 ) =21, 485.23 ETWU = 174, 138. 03 < MAWA = 185, 276.90 sotelo AncrzcApt 2643 411, Avenue Son Diego CA92103 phone 619.544.1977 angelho@asoIelo.corn v.w.osolelo.com M STREET & 16TH AVENUE NATIONAL. CRY. CA CRY SUBMIITAI 05.07.18 SCHEMATIC IRRIGATION PLAN SHEET L2.0 f- 232 of 308 CASE F;LE NO.: 2,617-oyt 4,9,, zc,S , 15 DATE: 6 /16 /2 i g 29 UNIT CONDOMINIUM DEVELOPMENT FOR 16 AVENUE AND FORMER 'M ' STREET NATIONAL CITY , CA 1VI1N]41S321 «air �ror:F JI��4oYa 5) II II I II II /I II I\ I 'I 01 II II - DEVELOPMENT SUMMARY: SUMMARY OF REQUEST: mA LA L-�- 1 1 --r- 1 - - - - N ' L, -''-----' , '---- ' ' ' -F1 � — A.--r°1' — RANCH 7'1l.IVN _____,—.1 �� PORTION OF S�A2TERAECTION 1�� BESIDEKITL N ) L b .> - Ty , 1� Pam.:, - ///� ' r —r- 1---Nlx- s9eW-3;-4.1 d� EXHIBIT: 'a" TEN.IATIVE MAP NO. 1' ) ARC -Et � 1� idr --- r 1WI- f _► - ,a �, _ I� 1. - - �I�CLaa� �%`• IPA(RASH O ,0 a ® I` �i E• rc' C r E. [. we ,; ! 7 � ®��. ® ® w ATu :ILF: ur•� I —"' u�i r11 r1Lv� its �� �:� `�■R�C�7t!IL��\IIBIIE�ET1►,!IlC�pl■\� 6ss E+� sueAtm \ EW B'WIDE C• CRETE� \\\ D.G. PATH AND FENC AND UNKAN SITE DATA: 13 0 2 6ii—UNET 19 I 1111Marhit i So' .e _ T-1 Ar_gra7- _T�il ��sIi��w`�i ..�.�— ���rw--...'. i�ii�/->':ars� .� u��ei�1�r.r�A=iii1L1 it Z iiroTIL NYl REIBVAOM AREA NAMED W/ GRASSES 101 `) NATIONA L SCHOOLDISTRICT SER 1 /111 /l 1 IINSTITUTIONAL EXISTING USE: EXIST. APPROVED 9 LOT SUBDIVISION ( 74,487 S.F.( PROPOSED USE: 29 SINGLE FAMILY CONOOMINUMS TYPE OF DEVELOPMENT: LEGAL: SUBDIVISION MAP 15223 LOTS 1 THRU 9 RECORDED FEBRUARY 23, 2005 ZONING: EXISTING : RS-2 PROPOSED: RM-1 GENERAL PLAN DESIGNATION: RESIDENTIAL TYPE OF CONSTRUCTION: TYPE III /V OCCUPANCY: R-2 LOT SIZE: GROSS AREA 774,487 S.F. / 1.71 AC NET LOT SIZE: BUILDING SIZE: BUILDING TOTAL FLOOR AREA: 41,218 IHABITAL) BUILDING FOOTPRINT: 25,660 S.F / .59 ACRES LOT COVERAGE: ALLOWED: X% PROPOSED: X96 PAVED AREA: DRIVEWAY: SURFACE PARKING: COVERED PARKING: TOTAL PAVED AREA LANDSCAPING: REQUIRED: PROPOSED: DENSITY: LOT SIZE: SETBACKS: 1.7 ACRES / 74,487 SF MAX 29 UNITS/PROPOSED STREET: 15 FT. PROVIDE 10 FT SIDE: 10 FT. REAR: IO FT. BUILDING AREA CALCULATIONS: PRIVATE SPACE REQUIRED 29 UNITS X 60 SF 1740 SF PRIVATE SPACE SHOWN 4500 5F COMMON SPACE REQUIRED 29 UNITS X 300 5F= 8700 SF COMMON SPACE PROVIDE ON SITE (3 AREAS X 1200 5F)= 3600 SF DIFFERENCE 51005F CE CENTTER N BUILDING DATA: WAN7AMES BEVGES UNIT NC. TYPEA 1435 SIZE SF) 2 4 Al 1430 4 B 4 2 4 2 2 B1 C D PARKING 2 ATTACHED 1 ATTACHED I CARPORT 1446 2 ATTACHED 1446 1 ATTACHED 1200 2 CARPORT 1450 I ATTACHED 1 CARPORT E' 1446 1450 1 ATTACHED 1 CARPORT I ATTACHED 1 CARPORT G 1450 2 ATTACHED GI 1450 I ATTACHED 1 CARPORT STYLE TOWNHOUSE 1 PRIVATE SPACE (SR 100 5F BALCONY 20 SF PATIO TOWNHOUSE 100 SF BALCONY TOWNHOUSE 100 5F BALCONY 100 5F PATIO TOWNHOUSE 100 SF BALCONY FLAT 120 5F BALCONY TOWNHOUSE 200 5F BALCONY TOWNHOUSE 120 SF BALCONY TOWNHOUSE 120 5F BALCONY 220 5F PATIO TOWNHOUSE 120 5F BALCONY 220 5F PATIO TOWNHOUSE 120 5F BALCONY 220 SF PATIO AREA GRASSES VICINITY MAP: Np® 508 I1d1SZI]1N1 M" LEAVE OUT l PROJECT DIRECTORY: PROJECT OWNER: NOEL M EZA RENOVA PROPERTIES, LLC. PO BOX1265 RANCHO SANTA FE, CA. 92067 TEL.858-756-8762 EMAIL: nmelalr5gmail.c0m PROJECT CONTACT: RALPH GONZALES 5M5 CONSULTING 5931 SEA UON PUCE #109 CARL58AD, CA 92010 TEL. 760.522.1026, TEL: 760.331.8738 PROJECT TEAM: ARCHITECT: CHRIS COHEN-RICHARDS CCR DESIGNS 10732 ESMERALDAS DRIVE SAN DIEGO, CA 92124 TEL. 619-850-9116 EMAIL: wdesigns@san.rr.com CIVIL / SOILS ENGINEER: MEDHI SHARIAT SMS CONSULTING/5MS GEOTECHNICAL SOLUTIONS, INC.. 5931 SEA UON PLACE #109 CARLSBAD, CA 92010 OFFICE: 760-602-7815 / CELL: 760-331-8738 EMAIL: smsgees0l.inc@gmail.com LANDSCAPE ARCHITECT: ANGEUNA SOTELO SOLETO LANDSCAPE ARCHITECTS 2643 FOURTH AVENUE SAN DIEGO, CA 92103 TEL. 619.719,1977 EMAIL: ongelina@osoleto.cam HYDROLOGIST: JOSE GOMEZ J05E RAUL GOMEZ P.E. 744 PIDGEON STREET SAN DIEGO, CA 92114 TEL. 619210.3371 EMAIL jrgornal958@yohoo.eeen BIOLOGIST: VINCENTSCHIEDT BIOLOGICAL CONSULTANT 315B OCCIDENTAL STREET SAN DIEGO, CA. 92122 TEL 858.336.7106 M•V EL: u-'nce@san.mcom LAND SURVEYOR: RAY SPEAR SPEAR 8 ASSOCIATES 475 PRODUCTION STREET SAN MARCOS, CA 92078 TEL: 760-736-2040 EMAIL: rspear@speo,Inc.net PROJECT ADDRESS: 16TH AVENUE AND M STREET NATIONAL CITY, CA A. P. N.: 557.352-17 THRU 25 LEGAL DESCRIPTION: LOTS 1 THRU 9 INCLUSIVE; CAROUNA HILLSIDE HOMES MAP NO. 15223 IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, HIED IN THE OFFICE OF COUNTY REC9OR0 OF SAN DIEGO COUNTY, RECORDED DEC. 13, 2005. PRIMED: 5/8/2018 CITY VILLAGE CONDOS 16th Ave & Old 'M' Street, National City, CA Drawing Number: 1 of 4 Drawing Scale: SCALE: 1" = 20' 0 1=]A 48 Drawing Tide: TENTATIVE MAP -29 UNIT CONDONIMIUM Currem 5ubmdtd Dale. MAY 1 Q 2018 EXCESS PRIVATE SPACE 4500 SF - 1740 SF = 2760 5F EXCESS PRIVATE SUBSTITUTED FOR COMMON SP / 2760 5F X 2 = 5524 5F LARGER THAN 5100 SF Pred0.. Rew.ions: 233 of 308 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. Darla, CMC- City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m., Tuesday, January 22, 2019, in the City Council Chambers, 1243 National City Blvd., National City, CA., to consider: CONSIDERATION OF CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION FOR A GENERAL PLAN AMENDMENT, ZONE CHANGE AND TENTATIVE SUBDIVISION MAP FOR THE REZONING OF PROPERTY AT EAST 16TH STREET AND "M" AVENUE FROM SMALL LOT RESIDENTIAL (RS-2) TO MEDIUM -DENSITY MULTI -UNIT RESIDENTIAL (RM-1) IN ORDER TO CONSTRUCT A 29-UNIT RESIDENTIAL DEVELOPMENT. Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the Public Hearing. The Planning Commission conducted a public hearing at their meeting of December 3, 2018 and voted to recommend approval of the General Plan Amendment, Zone Change, and Tentative Subdivision Map by a vote of six to one. January 9, 2019 ATTACHMENT 7 Michael R. Dalla, CMC City Clerk 25 234 of 308 RESOLUTION NO. 2019 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A GENERAL PLAN AMENDMENT AND TENTATIVE SUBDIVISION MAP FOR THE REZONING OF PROPERTY LOCATED AT EAST 16' STREET AND "M" AVENUE FROM SMALL LOT RESIDENTIAL (RS-2) TO MEDIUM -DENSITY MULTI -UNIT RESIDENTIAL (RM-1) IN ORDER TO CONSTRUCT A 29-UNIT RESIDENTIAL DEVELOPMENT WHEREAS, the City Council of the City of National City considered said certification at a duly advertised public hearing held on February 5, 2019, at which time the City Council considered evidence; and WHEREAS, at said public hearing the City Council considered the staff report provided for Case File No. 2017-04 GPA S, which is maintained by the City and incorporated herein by reference, along with any other evidence presented at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the evidence presented to the City Council at the public hearing held on February 5, 2019, support the following findings: FINDING FOR APPROVAL OF THE GENERAL PLAN AMENDMENT 1 The proposed development is consistent with General Plan Land Use Policies LU-2.3, LU 4.3, and LU-7.1 because the area is vacant and prime for development. Having a comprehensive residential project in this area will contribute to the City's housing needs. The area is not homogenous in nature with regard to residential housing types — there are single-family residences on larger lots located to the west, with a mix of medium to higher -density properties to the south across East 16' Street. These lots are developed with everything from duplexes, to triplexes, to apartments. FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1 The proposed map is consistent with the National City General Plan and applicable specific plans, because the project is in compliance with all required density and zoning requirements, provides additional home ownership opportunities consistent with the General Plan and Housing Element, and meets all requirements of the Subdivision Ordinance (NCMC Title 17), including minimum lot size and dimension. There are no specific plans in the area. 2. The site is physically suitable for the proposed type of development, because the 1.7-acre property can accommodate the requested number of units within the limits for density and lot coverage established by the General Plan and Land Use Code. 235 of 308 Resolution No. 2019 — February 5, 2019 Page Two 3. The site is physically suitable for the proposed density of development, because the proposed multi -family residential development, at a density of 17 units per acre, is less than the 23 units per acre allowed in the Medium -Density Multi -Unit Residential (RM-1) zone, and the proposed infill development increases the available housing units in the City. 4. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife, or their habitat, because the property is surrounded by urban development and there are no bodies of water present on -site. While there is plant habitat on site in the form of native and non-native grassland, San Diego Ambrosia, and onsite drainage, the Mitigated Negative Declaration for this project provides for mitigation that will reduce potential impacts to a level of less than significance. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, because the property is currently vacant and surrounded by existing urban development. In addition, the land use and zoning designations as proposed allow for the density requested, which has been analyzed as part of the Mitigated Negative Declaration associated with this project. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, because no such easements exist or would be affected by the proposed development. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6, because the project is required to install sewerage systems that meet current requirements for sewage disposal by the Conditions of Approval of this permit. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources, the project will provide twenty-nine new homeownership opportunities, which is consistent with and encouraged by the City's Housing Element. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage, because the landscape plan submitted as part of the proposal provides in excess of the required common open space area for such developments. All new construction proposed will be in compliance with the California Building Code, which takes such factors in to consideration. 236 of 308 Resolution No. 2019 — February 5, 2019 Page Three BE IT FURTHER RESOLVED that the application for Tentative Subdivision Map is approved subject to the following conditions: General 1. This Tentative Subdivision Map authorizes a 29-unit residential condominium project located northwest of the intersection of East 16th Street and the former "M" Avenue right-of- way. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibits "A" and "B", Case File No. 2017-04 GPA, ZC, S, IS, dated 6/18/2018). 2. The General Plan Amendment, Zone Change, and Tentative Subdivision Map shall not become effective until the Mitigated Negative Declaration associated with the project has been certified and the Notice of Determination filed. 3. This Tentative Subdivision Map shall not become effective until the General Plan Amendment and Zone Change have been approved. 4. Before the General Plan Amendment, Zone Change, and Tentative Subdivision Map shall become effective, the applicant, and/or the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the General Plan Amendment, Zone Change, and Tentative Subdivision Map. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the General Plan Amendment, Zone Change, and Tentative Subdivision Map are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the City Manager or assign prior to recordation. 5. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk. The current fee to record the Notice of Determination for a Mitigated Negative Declaration is $2,280.25, but may be subject to change. 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. 237 of 308 Resolution No. 2019 — February 5, 2019 Page Four Engineering 8. A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. 9. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 10. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 11. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development. 12. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or, its successors or assigns, shall be remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 13. Metallic identification tape shall be placed between the bottom layer of the finished surface and the top of all irrigation lines in the public right-of-way. 14. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm 238 of 308 Resolution No. 2019 — February 5, 2019 Page Five drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A check list for preparation of the grading plan/drainage plan is available at the Engineering Department. 15. All existing and proposed curb inlet on property shall be provided with a "No Dumping" signage in accordance with the NPDES program. 16. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 17. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 18. A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. 19. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. 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. All 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. 239 of 308 Resolution No. 2019 — February 5, 2019 Page Six 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. All electrical, telephone and similar distribution service wires for the new structure(s) shall be placed underground. 27. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 28. A hydromodification plan or a letter sealed and signed by the Engineer of Work explaining why the project is exempt from hydromodification requirements shall be submitted. 29. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information, and monumentation. 30. The developer shall submit to the Fire Department a letter from Sweetwater Authority stating existing fire flow. If determined by the Fire Department that additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Sweetwater Authority prior to obtaining the final map approval. 31. The developer shall bond for the monumentation, the public improvements and the on - site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 32. SUSMP documentation, as necessary, must be submitted and approved. 33. The final map shall be recorded prior to issuance of any building permit. 34. All new property line survey monuments shall be set on private property, unless otherwise approved. 35. The parcel map/final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on 240 of 308 Resolution No. 2019 — February 5, 2019 Page Seven the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. Fire 36. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA), and the current edition of the California Code of Regulations at the time of plan submittal. 37. Fire apparatus access roads shall comply with the requirements of this section (CFC 2016 Edition - Section 503.1.1) and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. This comment shall apply to new residential structures. 38. The required width of emergency fire apparatus access roads shall not be obstructed in any manner, including parking of vehicles. All access roads shall be no less than 20 feet wide, no less than 14 feet high and shall have an all-weather road with the ability to support 75 thousand pounds or greater. Where a fire hydrant is located on a fire apparatus road, the minimum road width shall be 26 feet. A 28 foot turning radius is required for fire department access through site. All fire department access roads shall be painted and signed to prevent parking in these required designated emergency areas. 39. Buildings or portions of buildings or facilities exceeding 30 feet in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway. 40. Fire hydrants that may be located throughout the project as not to have a separation distance greater than 400 feet. Fire hydrants to be located within 400 feet of all 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. 241 of 308 Resolution No. 2019 — February 5, 2019 Page Eight 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, fagade and roof articulation, scale that is sensitive to surrounding uses, balconies and porches, adequate disposal facilities, minimum amount of laundry facilities, and adequate storage space. 49. Plans submitted for construction shall include a landscape and irrigation plan in compliance with Land Use Code Chapter 18.44 (Landscaping), including Section 18.44.190, related to water efficient landscape requirements. The landscaping required by this approval shall be maintained for the life of the project. 50. If any cultural resources are found during grading or construction, work is to stop, and the lead agency and a qualified archaeologist be consulted to determine the importance of the find and its appropriate management. In the event of the accidental discovery or recognition of any human remains during construction, the applicant is required take all appropriate steps as required by relevant federal, state, and local laws. 51. All trash enclosures shall be in compliance with Municipal Code Title 7, Section 7.10.080 (Enclosures required), including the use of flame retardant materials. 52. All site and project lighting shall in compliance with Municipal Code Title 18.46 (Outdoor lighting). 242 of 308 Resolution No. 2019 — February 5, 2019 Page Nine 53. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of parking areas, walks, buildings, utilities and open spaces prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 54. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 55. Impacts to native and non-native grasslands shall be mitigated off site. Impacts to native grasslands (e.g., grasslands having at least 10% native cover) shall be mitigated at a minimum of 2: 1 and non-native grasslands be mitigated at a 1: 1 ratio. 56. There is a patch of several hundred specimens of San Diego Ambrosia (Ambrosia pumila) located at the northern end of the property. This is a high -profile sensitive species. Project conditions require mitigation in the form of salvage and transplantation. Approval of a translocation plan is required prior to initiating ground disturbing activities. The translocation plan should specify: 1) the methods used for translocation (e.g., timing of translocation, seed collection, soil retention, etc.); 2) the location and suitability of the receptor site; 3) a long-term management plan for the receptor site; and 4) a long-term funding mechanism. The translocation receptor site should have long-term conservation value, be contiguous with other large, conserved tracts of land, and be managed and protected in perpetuity. The translocation plan should be submitted for review and 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 243 of 308 Resolution No. 2019 — February 5, 2019 Page Ten otherwise introduce invasive exotic plant species to landscaped areas adjacent and/or near native habitat areas. Exotic plant species not to be used include those species listed on the California Invasive Plant Council's (Cal-IPC) Invasive Plant Inventory. This list includes (but is not limited to) the following: pepper trees, pampas grass, fountain grass, ice plant, myoporum, black locust, capeweed, tree of heaven, periwinkle, sweet alyssum, English ivy, French broom, Scotch broom, and Spanish broom. 59. In order to prevent potential impacts regarding the spread of invasive species during vegetation clearing activities, prior to any such work being undertaken all new equipment introduced to the project area shall be cleaned, and all equipment shall be maintained daily. Additional techniques for minimizing the spread of invasive plant species during construction activities can be found at https://www.cal ipc.org/solutions/ prevention/. 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. Sweetwater Authority 61. Water service must be provided from an Authority owned water main located within the public right-of-way or an Authority owned easement. Following vacation of the undeveloped portion of "M" Avenue, all water to serve the site shall be required to be obtained from an existing 16-inch PVC water main located within the right-of-way on East 16th Street. 62. The Final Map shall be submitted to the Authority for its review and comments prior to recordation. BE IT FURTHER RESOLVED that the City Council hereby approves a General Plan Amendment and Tentative Subdivision Map for the rezoning of property located at East 16th Street and "M" Avenue from Small Lot Residential (RS-2) to Medium -Density Multi -Unit Residential (RM-1) in order to construct a 29-unit residential development. BE IT FURTHER RESOLVED that this Resolution amending the General Plan and Tentative Subdivision Map for the rezoning of property located at East 16th and "M" Avenue shall take effect thirty (30) days after its passage. [Signature Page to Follow] 244 of 308 Resolution No. 2019 — February 5, 2019 Page Eleven PASSED and ADOPTED this 5th day of February, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 245 of 308 CC/CDC-HA Agenda 2/5/2019 — Page 246 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. 246 of 308 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 5, 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: 619-336-4313 EXPLANATION: dbic DEPARTMENT: Planning. APPROVED BY: The applicant is proposing to merge nine undeveloped single family lots into one and develop the site with a 29-unit residential condominium project. This type of change requires a Zone Change from Small Lot Residential (RS-2) to Medium -Density Multi -Unit Residential (RM-1). The zone change was initiated by the Planning Commission last year. The City Council held a public hearing on the project on January 22, 2019 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 Finance MIS 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 247 of 308 ORDINANCE NO. 2019 — 2456 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A ZONE CHANGE FROM SMALL LOT RESIDENTIAL (RS-2) TO MEDIUM -DENSITY MULTI -UNIT RESIDENTIAL (RM-1) FOR A 29-UNIT RESIDENTIAL DEVELOPMENT AT PROPERTY LOCATED AT EAST 16TH STREET AND "M" AVENUE. WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the rezoning of the parcels of real property (APNs 557-351-17 through 25), hereinafter described, and for the amendment of the Zoning Map of the City of National City; and WHEREAS, pursuant to legal notice, hearings were held by the Planning Commission of National City and also by the City Council of National City, and all persons interested were given the opportunity to appear and be heard before said Planning Commission and City Council; and WHEREAS, the Planning Commission of National City has regularly and duly certified to the City Council its report and has recommended such rezoning; and WHEREAS, the City Council found that on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment and adopted a proposed Mitigated Negative Declaration which addresses the rezoning; and WHEREAS, the City Council finds the rezoning consistent with and necessary to implement the General Plan. NOW, THEREFORE, the City Council of the City of National City, California does ordain as follows: Section 1. This ordinance shall take effect Thirty (30) days after its passage, and before the expiration of Fifteen (15) days after its passage a summary or the ordinance in its entirety shall be published, with the names of the members voting for and against the same, once in a local newspaper of general circulation in the City of National City, State of California. Section 2. All protests, if any, against said rezoning and said amendment to the General Plan, and each of them be and hereby are denied and overruled. Section 3. That all the real property described below is hereby rezoned from Small Lot Residential (RS-2) to Medium -Density Multi -Unit Residential (RM-1): Ordinance No. 2019 — 2456 Page 1 of 2 Zone Change from Small Lot Residential February 5, 2019 to Medium -Density Multi -Unit Residential 248 of 308 LOTS 1, 2, 3, 4, 5, 6, 7, 8 AND 9, CAROLINO HILLSIDE HOMES, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NUMBER 15223, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 23, 2005, AND THE WESTERLY 30 FEET OF THE "M" AVENUE RIGHT-OF-WAY ADJACENT TO LOTS 1, 2, 3, 4, 5, 6, 7, 8 AND 9, CAROLINO HILLSIDE HOMES, AS VACATED BY CITY OF NATIONAL CITY CITY COUNCIL RESOLUTION 2017-150; and Section 4. That a Notice of Determination shall be filed indicating that the rezoning will not have a significant effect on the environment. PASSED and ADOPTED this 5th day of February, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Ordinance No. 2019 — 2456 Page 2 of 2 Zone Change from Small Lot Residential February 5, 2019 to Medium -Density Multi -Unit Residential 249 of 308 CC/CDC-HA Agenda 2/5/2019 — Page 250 The following page(s) contain the backup material for Agenda Item: 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) Please scroll down to view the backup material. 250 of 308 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: Fir 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. By purchasing the mobile home trailer with Development Impact Fee (DIF) funds the City saves $30,396.72 annually, in general fund lease payments. The City is also looking at Pre -Design plans regarding potential future development opportunities that could bring a new community center, public works facilities, and a new and improved Fire Station 33. The National City Fire Department recommends the use of 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: r'rt-�Cci% 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 251 of 30 8 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 31 252 of 308 RESOLUTION NO. 2019 — 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 WHEREAS, on January 22, 2019, the City Council approved the Squad Program as a permanent emergency service delivery model for the National City Fire Department; and WHEREAS, since October 9, 2018, the Squad has been operating out of a leased mobile home trailer located next to El Toyon Park, for the amount of $2,533.06 per month, including taxes; and WHEREAS, by purchasing the mobile home trailer for the amount of $49,860.00 plus sales tax, totaling $54,223.00, the City saves $30,396.72 in general fund lease payments annually; and WHEREAS, the National City Fire Department requests the transfer of DIF funds in the amount of $54,223 to the General Fund, and a corresponding General Fund Appropriation to purchase the mobile home trailer. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the transfer in the amount 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. PASSED and ADOPTED this 5th day of February, 2019, Alejandra Satelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 253 of 308 CC/CDC-HA Agenda 2/5/2019 — Page 254 The following page(s) contain the backup material for Agenda Item: Report regarding 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. 254 of 308 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 5, 2019 AGENDA ITEM NO. ITEM TITLE: Report regarding 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 PHONE: 619-336-4312 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 establishes alternative competitive bidding procedures for public projects, consistent with the Uniform Public Construction Cost Accounting Act, as provided by Public Contract Code Section 22034. DEPARTMENT: Engineering/Public Works APPROVED BY: L) The primary benefits include: ® Allowing participating public agencies to expedite contracting for smaller public works projects; • Increasing informal bidding limits (currently up to $200,000); ® Increasing limits for work involving City forces (currently up to $60,000); • Establishing a list of qualified contractors to perform the work. 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: Accept and file report BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. PPT Presentation 2. Report 255 of 308 1 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 256 of 308 200 "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 "O" 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 257 of 308 CALIFORNIA NATIONAL CI `— ;NCORPORATED -J Update on Projects Complete through the Uniform Public Construction Cost Accounting Ac City Council Meeting February 5, 2019 258 of 308 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 259 of 308 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 $186,923.50' 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 $185,420' 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 260 of 308 261 of 308 262 of 308 NATIONAL CITY FIRE DEPARTMENT STATION 33 2005 E 4TH STREET 263 of 308 264 of 308 265 of 308 266 of 308 t• 267 of 308 268 of 308 269 of 308 270 of 308 271 of 308 272 of 308 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 273 of 308 -Street and "D" Ave (Left); 25th Street and "A" Ave (Right)„ Avenue and Division Street (Center) 17 274 of 308 North of E.18th Street, West ot -L- Ave (Len); Fire Static, (Right); El Toyon Park (Center) 18 275 of 308 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 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. 18tf' Street and "E" Avenue Sidewalk $5,273.59 6/18/2018 E. 7th Street and "K" Avenue Sidewalk/gutter/ap ron $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 276 of 308 fre and After - 7th Street and "K Ave (Top); 300 N. "R"Ave (Bottom) 20 277 of 308 110 11 Aver. (Bottom) 278 of 308 CC/CDC-HA Agenda 2/5/2019 — Page 279 The following page(s) contain the backup material for Agenda Item: City Council discussion and direction on National City's participation in the 2020 U.S. Census. (City Manager) Please scroll down to view the backup material. 279 of 308 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 5, 2019 AGENDA ITEM NO. ITEM TITLE: City Council discussion and direction on National City's participation in the 2020 U.S. Census PREPARED BY: Leslie Deese, City Manager DEPARTMENT: Cit Manager PHONE: 619.336.4242 APPROVED BY. 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 on the "Road to 2020" census (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 2020 Census. To assist the Council in its discussion are two sample resolutions in support of participation in the Census. 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" Census 2) Sample Resolution to Support Participation in the 2020 Census 3) Fresno Unified School District Resolution Ensuring a Complete Count of Students and Families During the 2020 Census 280 of 308 Item # 6 01 /22/19 ROAD TO 2020 CENSUS Roberto Garcia, Partnership Specialist San Diego County U.S. Census Bureau 281 of 308 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 282 of 308 2020 Census United States Census Bureau U.S. Department of Commerce Economics and Statistics Administration U S. CENSUS BUREAU census gov 283 of 308 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 284 of 308 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 285 of 308 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 286 of 308 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 287 of 308. 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 288 of 308, Impact to National City Census emonommiali Bureau U.S. Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU census.gov 289 of 308 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 290 of 308 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 291 of 308 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 .. .. 292 of 308 Response Outreach Area Mapper (ROAM) Use ;sropdov..n }e. 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, 293 of 308 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 ••.. •• • • •, 294 of 308 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 295 of 308 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 296 of 308 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 297 of 308 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 298 of 308 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 299 of 308 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 300 of 308 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 301 of 308 United States' Census Bureau Questions ? U.S. Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU census.gov 302 of 308 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 303 of 308 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 304 of 308 Sample Resolution to Support Participation in the 2020 Census WHEREAS, the U.S. Census Bureau is required by Article I, Section 2 of the U.S. Constitution to conduct an accurate count of the population every ten years; and WHEREAS, [NAME] County received $[AMOUNT] in federal funding in 2017 and part of the basis for receiving these federal funds relies, in part, on census data; and WHEREAS, census data also helps determine how many seats each state will have in the U.S. House of Representatives and is used in the redistricting of state legislatures, county boards of supervisors and city councils; and WHEREAS, the decennial census is a huge undertaking that requires cross -sector collaboration and partnership in order to achieve a complete and accurate count; and WHEREAS, the U.S. Census Bureau is facing several challenges with the 2020 Census, which include declining response rates, technological change, and fiscal constraints, thus support from local government is critical; and WHEREAS, the County of [NAME], in partnership with other local governments, the State, businesses, and community organizations, is committed to ensuring every resident is counted; THEREFORE BE IT RESOLVED, that the County of [NAME] recognizes the importance of the 2020 Census and supports participation in helping to ensure a complete, fair, and accurate count. PASSED, APPROVED, AND ADOPTED this day of , 2018. 305 of 308 District Preparing Career:Ready�G:raduates=BEFORE-THE:BO.ARD OF'EDUCATION OF ERESNO:=:UNI.FIEDWSCHOOL.D-ISTRICT.:O`F:'_FRESNO COUNTY= CALIFORNIA'I th' atter:o.f.P'roclaimin The Qtstrict's Commitrrient to;Ensuring a Complete:) Count of Studeritsand Families During.the: 2020 Census), RESOLUTION WHEREAS, the United States Census, which is mandated by the U.S. Constitution, enumerates every person residing in the country regardless of citizenship status, and is fundamental to a fair and representative democracy; and WHEREAS, the United States Census has critical implications for the state of California, and determines its allocation of seats in the House of Representatives; and WHEREAS, according to the Library of Congress, 132 programs used Census Bureau data to distribute more than $675 billion in funds during fiscal year 2015 including school funding. WHEREAS, accord:n ensus_was==on'e o'f t nalysf'sO_ffice� likely_syostin andscape Scan,:the1990 e'Calfornia`Legislative era_ funds, and WHEREAS, the United States Census Bureau's Low Response Score (LRS) identifies communities whose characteristics predict low census participation. Fresno Unified School District is home to census block groups with some of the highest LRS scores; and WHEREA o mitt learn'in'' 'eil:silsC ff: ose.wi 4_gain,-:e.n.try;. inCIuding,a"pal'frr er t=_buil_tlins; and WHEREAS, a fair and accurate count on the 2020 Census will help ensure that the district's communities, families, and students are represented in our democracy and receive critical services and supports across education, crime prevention, health care, and transportation; and WHEREAS, the State of California has set aside over $90 million in the 2018/19 budget for statewide outreach and other activities related to the Census count, some of which may be available to local jurisdictions and community based organizations, II ( i esno`=Un.if ed School::District ......... Preparing;. Career. Read: GraduatesINOW =THEREFO.RE, BENT RESOLVED that the Fresno.:.Unified: School _ Distr ct will a` a:iin` : arti.ci :ate`In our:_l.ocal_Ce:nsus Com -�lete .Count'Committee`and-implement an action plan that supports a:corr:rnp. e e_ co_unto:'s u0en..._5=a:n::.::e:lr: ami ie:s: re:si: irn :'wi _. in. - e':district on :he 4?2O Census :A O ; ;E'D`-t = is'l2th=da: = o = becembe :=>:2 1 ;. -. _ r, . :.::_ -_— Y.-; r Q 8,.=by the 6oard.o_f._Ed�acaio__ F e$no Unified S ............. .. in20.10. Fresno`:Unified:;Sch:i l l-Distr ct was''a leader in=the,Fresno: County. Com fete count e:e:;su. : o:rtin :;strate : ies-tl atiinc.reas.erd'ar acurate=`cou`nt`includin ::schools: us.in :Census cnaterial, Corr m.unie_atlof -: t:=-.:amriii s=_and;:encouragingem .loyees'an.d:familles to -serve as anv..asse'rs :.and WHEREAS,::Fresno Unifiers',School_=D:istri:ct-is l .am:e'to•populations:th'at are: most y.undercourited : including children_under,6; _youth=immagi ants, renters, homeless populations, th limited English`proticiency, as well as those who1live in _places where em nuerators are unable FORE THE- BOARD OF EDUCATION_OF;FRESNO_.UNIFiED,SCHQOL;DISTRICT QFFRESNO=COUNTY FORNIA:In.the-Ma:tter,of _i roclaiming ) The District's Commitment to Ensuring a Complete ) Count of Students and Families During the 2020 Census) 306 of 308 CC/CDC-HA Agenda 2/5/2019 — Page 307 The following page(s) contain the backup material for Agenda Item: Community Town Hall Workshop to Discuss Functionality of and Proposed Procedure for Small Cell Deployment. (City Attorney) Please scroll down to view the backup material. 307 of 308 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 5, 2019 AGENDA ITEM NO. 21 ITEM TITLE: Community Town Hall Workshop to Discuss Functionality of and Proposed Procedure for Small Cell Deployment PREPARED BY: Roberto M. Contreras DEPARTMENT: City Attorney PHONE: Ext. 4412 EXPLANATION: APPROVED BY: Pursuant to direction from the City Council on February 20, 2018, staff requests that the C. ouncil choose a date for staff to hold a Community Town Hall Workshop regarding small cell wireless equipment. Specifically, the Community Town Hall Workshop would be open to all National City residents, businesses, and other community members to learn more about: (1) how small cells work; (2) how the Federal Communications Commission ("FCC") regulates small cells; (3) how a proposed Master License Agreement between wireless carriers and the City would regulate the deployment of small cells; (4) the procedure by which the City plans to adopt a Master License Agreement with each wireless carrier; (5) the FCC's new regulations regarding small cell deployment; and (6) any other questions the public may have about plans to deploy small cells in National City. The City's outside legal counsel, Tripp May of the Telecom Law Firm, is available to attend the Community Town Hall Workshop on the dates listed in the Staff Recommendation. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS This Community Town Hall Workshop is conditioned on the City Council approving an allocation of funds that staff will present on February 19th. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Choose one of the following dates to hold the Community Town Hall Workshop: February 25th, 28th, March 12th, or 14th. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 308 of 30 1